Terms & Conditions

Importpol, accepts goods for carriage and other services subject to the Standard Terms and Conditions set out below . No agent or employee of the Company is permitted to alter or vary these Conditions in any way unless he is expressly authorised to do so by an Executive Director of the Company.
DEFINITIONS
In these Conditions
(a) "Customer" shall mean the person, firm or company that enters into a contract of carriage or other services with the Company.
(b) "Contract" shall mean the contract of carriage or other services between the Customer and the Company which shall be deemed to be incorporated into these Conditions.
(c) "Consignment" shall mean goods contained in one Parcel or any number of separate Parcels or goods on a pallet or any number of pallets sent at one time in one load by or for the same Customer from one address or to one address.
(d) "Parcels" shall mean anything under 30kgs in weight and having dimensions of less than 3.0m girth, 1.0m in length and a volume less than 0.5 m cubed.
(e) "Neighbour" shall mean a person who lives in a residential property within 50 metres walking distance of the delivery address.
(i) "Saturn" shall mean an electronic device which, when used in conjunction with other equipment, is capable of receiving and storing customer signatures.
(j) "Dangerous Goods" means goods included in the list of Dangerous Goods as defined in the Carriage of Dangerous Goods & Use of Transportable Pressure Equipment Regulations 2007, the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002, the Classification and Labelling of Explosives Regulations 1983 (as amended), including any other relevant legislation or regulations together with any amendments thereto, or means goods which present a comparable hazard.
GENERAL
(a) The Company agrees, subject to the Customer's observance at all times of these Conditions, to carry Consignments agreed upon by the Company and the Customer, or to store goods in a building occupied by the Company, or to provide other services as agreed upon by the Company and the Customer.
(b) The Company is not a common carrier and will accept goods for carriage only on these Conditions.
(c) These Conditions shall solely apply to any agreement between the Company and the Customer relating to carriage or other services and the Customer shall be deemed to have notice of these Conditions if and as soon as he places an order with, or accepts a tender, from the Company for the carriage of goods or other services.
(d) The Company reserves the right, at its discretion, to inspect all Consignments to ensure that such Consignments are compatible with the Company's network and are capable of carriage to the country of destination within the Company's standard procedures, customs, declarations and handling methods and in compliance with all laws.
GOODS NOT ACCEPTED FOR CARRIAGE OR STORAGE
The Company shall not accept any of the following goods for carriage or storage unless an executive Director of the Company has notified the Customer in writing that they are accepted, and unless such notice has been given in writing no liability whatsoever, including losses arising from negligent acts of the Company, shall arise in respect of them to the Customer:
(a) Dangerous goods, hazardous goods, flammable goods or
(b) Firearms, tobacco products, works of art, jewellery, cash, glass, negotiable instruments (including cheques and any vouchers with a face value), precious metals, antiques, furs or any other valuables, wines, spirits or living animals, fish, birds or any other living organism of any type, frozen or perishable food, or
(c) Any goods prohibited by the law or regulation of any government or public or local authority of any country where the goods are carried.
CUSTOMER WARRANTY
(a) The Customer warrants that all goods have been properly and sufficiently packaged and labelled and that the labelling shall include the full postcode for both the consignor and consignee.
(b) The Customer irrevocably warrants that all plant, power or labour, other than the Company's driver, is available for loading and unloading any Consignment at any collection or delivery point specified by the Customer sender or receiver, and the Customer will be liable for and indemnify the Company for any loss, damage or liability arising from a breach of this warranty in accordance with Clause 13 should it not be fulfilled
TRANSIT AND UNCLAIMED GOODS AND UNDELIVERED GOODS
(a) Transit shall commence when the Consignment is handed to the Company whether at the point of collection or at the Company's premises. The Company is entitled to convey goods by any means ofconveyance and by any route whatsoever.
(b) Subject to Clause 7(e), transit shall (unless otherwise previously determined) end when the Consignment is offered for delivery at the usual place of delivery at the consignee's address within the
customary delivery hours of the district; PROVIDED THAT, when for any other reason whatsoever a Consignment is held by the Company "to await order" or "to be kept until called for" or upon any like
instructions and such instructions are not given, or the Consignment is not called for and removed within a reasonable time, then transit shall be deemed to end. The Company shall store such Consignment
subject to all goods being solely at the Customer's risk and subject to disposal in accordance with Clause 15.
(c) Subject to Clause 7(e), where, for any reason whatsoever the Company is unable to convey the Consignment to the address to which it is consigned, or to effect delivery at the said address:
(I) the Company shall endeavour to communicate with the Customer and request a new address to which the Consignment can be delivered in the country in which the Consignment is then lying;
(II) if the Company is unable to communicate with the Customer within a reasonable time, or if it is not provided with a new address for delivery by the Customer within a reasonable time, the Company
shall be at liberty to deal with the goods in accordance with Clause 15. Prior to any disposal or destruction in accordance with Clause 15 the goods shall be held solely at the risk of the Customer.
(d) The decision as to what constitutes a reasonable time under Clause 7(c) to be entirely at the discretion of the Company.
(e) Unless the Customer notifies the Company in writing otherwise and such notice is formallyacknowledged in writing by the Company, the Company shall be entitled to deliver the Consignment to a Neighbour of the consignee within the customary delivery hours of the district and, for the purposes of Clause 7(b), transit shall be deemed to have ended at the time of delivery to such neighbour.
PAYMENT AND PRICING
(a) The Company's charges for carriage and other services shall be payable by the Customer; however, the Company shall also have the right to demand and obtain payment from the sender or the consignee, if different from the Customer, or from any other person who may be liable to pay the charges.
(b) Payment of the company's charges is due no later than the date specified on the company's invoice/statement or such other period as may be expressly agreed with the Customer in writing by the relevant Manager. If any payment under the Contract is overdue, then without prejudice to the Company's other rights and remedies, the Customer shall pay interest on the overdue amount (whether before or after judgment) at the statutory rate of interest payable on late payments from time to time, such interest to accrue on a daily basis, from the due date for payment until payment is made in full.
(c) A claim or counterclaim by the Customer shall not be made the reason for deferring or withholding payment or monies payable, or for refusing to reimburse liabilities incurred by the Company.
(e) The Company shall be entitled at any time and from time to time to increase the Company's charges for carriage or other services by giving to the Customer not less than 7 days prior written notice to accord with increases in relevant costs of the Company's business such as, but not limited to, fuel, licence fees,labour.
(f) The Company reserves the right to charge a fee of ?15 to the Customer for any goods which require booking in at the delivery point.
(g) All amounts payable by the Customer are subject to Value Added Tax at the current rate.
(h) In the event that the Company pays or agrees to pay to any third party any duty and/or taxes and/or levy in respect of any Customer's goods:
(I) the Company shall do so on the sole basis that in doing so it is acting as the Customer's fully authorised agent;
(II) whether or not delivery of the goods is made to the address to which they are consigned, immediately upon receipt of the Company's duty invoice in respect of such duty and/or tax and/or levy the Customer shall settle such duty invoice in full;
(III) in the event of any Customer failing to comply strictly with Sub-Clause 8(h)(ii) above, the Company shall be at full liberty to deal with the goods in accordance with Clause 15.
(i) In respect of goods being carried outside of the United Kingdom and the Republic of Ireland, the Customer shall pay to the Company any unusual expenses incurred by the Company as a result of it conveying the goods.
(j) If the goods are not ready for collection by the Company at the place and time agreed the Company will make a charge for "Nothing to Collect".
LIABILITY FOR LOSS AND DAMAGE
Subject to the provisions of this clause and of clauses 4, 10, 11 and 12, the Company shall be liable for any physical loss of, or physical damage to, goods during transit as defined in Clause 7, and storage other than storage under clause 7(c)(ii), except to the extent that such loss or damage has arisen from or consists of :
(a) the Customer or consignee not taking or accepting delivery within a reasonable time;
(b) insufficient or improper packing, labelling or addressing, including incorrect or missing postcode information;
(c) damage or breakage of articles of, or for that part of any articles that comprises of china, glass, porcelain, earthenware or other similar materials;
(d) consignments containing any form of liquid;
(e) act or omission of the Customer or owner of the goods or of the servants or agents of either;
(f) inherent liability to wastage in bulk or weight, latent defect or inherent defect, vice or natural deterioration of the goods, wear and tear, depreciation, moths, vermin, or the effect of any process of cleaning, dyeing or restoring any article;
(g) Act of God.
(h) seizure under legal process.
(i) any consequence of war, invasion, act of foreign enemy hostilities (whether war is declared or not), civil war, rebellion, insurrection, military or usurped power or confiscation, requisition, destruction of or damage to property by or under the order of any government or public or local authority, riots, civil commotion, lockouts, general or partial stoppage or restraint of labour from whatever cause, pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds, the direct or indirect effect of ionising radiations or contamination by radioactivity. PROVIDED THAT the Company shall not be under any liability of any kind for a Consignment or other goods:-
(I) where there has been fraud by the Customer or the owner of the goods or the servants or agents of either; or
(II) for the avoidance of doubt, where the Consignment was not in transit (as defined in Clause 7) at the time of the loss.

CLAIMS FOR COMPENSATION
The Customer must notify the Company of any loss or damage giving rise to a claim within 14 days of the date of despatch of such loss or damage and confirm it by notice in writing within 28 days of the date of despatch otherwise than on a delivery receipt. If the Customer fails to do so, the Company shall not be liable for any loss or damage, save and except where the Customer proves that:
(a) it was not reasonably possible for the Customer to advise the Company or make such claim in writing within the time limit applicable; and
(b) such advice or claim was made within a reasonable time; the Company shall not have the benefit of exclusion of liability afforded by this clause. In the event of a claim for damage, the Customer/Consignor/Consignee must ensure that the Consignment and its packaging is held for inspection at the delivery point.
(c) Labour is excluded from repairs.

CUSTOMERS' INDEMNITY
The Customer shall indemnify the Company against:
(a) losses suffered by the Company arising from any negligent act, negligent omission, negligent misdirection or negligent misstatement by the Customer, consignor or consignee, its servants or agents;
(b) claims of any nature for loss or damage resulting from the carriage of Dangerous Goods;
(c) claims and demands of any nature in respect of loss of or damage to the goods made by the Customer and/or any third party additional to or in excess of the limits of liability of the Company set out in these Conditions;
(d) any claims made or penalties imposed by the Her Majesty's Revenue and Customs and/or the Commissioners of Customs and Excise in respect of dutiable goods;
(e) claims and demands made by any third party attributable to lack of authority on the part of the Customer to enter into the Contract upon these Conditions.