CK Courier Solutions Terms and Conditions

1. Statement
 

All Contracts without exception that are booked through and carried out by CK Courier Solutions Ltd (or its sub-contractors, approved suppliers and agents) are done so in acceptance of the Terms & Conditions set out in this agreement. We are not bound by any instructions given in connection with a job that conflicts with these Terms and Conditions.

 

You may request a copy of this document in writing, or you can view it on our website.

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2. Definitions

 

• a) “CK Courier Solutions Ltd or CK Couriers” means and includes CK Couriers, its employees and agents and any person, company or sub-contractor carrying any goods under any Contract with CK Couriers.

• b) “Customer” means any person, organisation or business who employs the services of CK Couriers. This includes employees or agents of the Customer.

• c) “Consignment” means one or more items collected by CK Couriers from one or more addresses for the Customer in one load and delivered to one or more addresses.

• d) “Excluded Goods” means the following:

1) Goods defined by The Carriage of Dangerous Goods and use of Transportable Pressure Equipment Regulations 2009 (“CDG 2009”) and goods akin in nature.

2) Money, securities, bills of exchange, promissory notes, stamps, jewellery, precious stones, bullion and precious metals, tobacco and cigarettes.

• e) “Proof of Delivery (POD)” means proof that a Consignment has been delivered. This includes (but is not limited to): delivery notes, emails, verbal confirmation, names, signatures and initials.

• f) “Contract” any job booked by the Customer in any way through or carried out in any way by CK Couriers.

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3. Customer Obligations

 

• a) The Customer entering into a Contract shall be deemed to be either the owner or the duly authorised agent of the owner of every Consignment and every constituent part thereof to which the Contract relates as regards the making of the Contract, the acceptance of the Conditions and all matters of every nature arising there from and shall also be deemed to be authorised to accept the Conditions on behalf of all other persons who are or may thereafter become interested in the subject matter of the Contract.

• b) To provide an accurate and precise description of the Consignment, declaring all particulars. This includes not supplying CK Couriers with a Consignment which will exceed the legal carrying capacity of the vehicle supplied to the Customer.

• c) To ensure that the Consignment has been properly and sufficiently prepared, packed, stowed, labelled and/or marked, and that the preparation, packing, stowage, labelling and marking are appropriate to any operations or transactions affecting the Consignment.

• d) To ensure that goods are fully insured if their value exceeds the limitation of liability set out in clauses 6 and 7 of these Terms and Conditions.

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4. Excluded Goods

 

CK Couriers does not accept Excluded Goods for carriage, without prior written approval. In the event that Excluded Goods are presented by the Customer as a Consignment without approval, the following will apply:

 

• a) The Customer shall have no claim whatsoever in respect of the Consignment associated with the carriage of the Excluded Goods.

• b) The Customer shall indemnify CK Couriers against any loss, damage or injury however caused as a result of the carriage of the Excluded Goods.

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5. Transit

 

• a) Transit commences when the Consignment is handed to CK Couriers at the collection point, or at the premises of CK Couriers.

• b) Transit shall be suspended if:

  1. The Consignment is held by CK Couriers at some place other than the delivery address at the request of or for the convenience of the Customer or because the Customer or Consignee refuses or is unable to take delivery at the delivery address.

  2. When the Consignment is held in storage, or is unattended for any reason. Including when the Consignment is in a vehicle of CK Couriers.

• c) Transit ends (unless otherwise previously determined) when:

  1. The Consignment is tendered at the usual place of delivery within the customary delivery hours of the district, or at such other times or places as may be agreed between CK Couriers and the Customer.

  2. The Consignment is collected by or on behalf of the Customer from the premises of CK Couriers. 

  3. When CK Couriers is unable to deliver a Consignment for any reason whatsoever or when a Consignment is held (other than under a Contract which requires such storage) by CK Couriers “to await order” or “to be kept until called for” or upon any like instructions then Transit shall be deemed to end when such instructions are fulfilled or at the expiry of seven days from the date on which the Consignment was first delivered to or collected by CK Couriers (whichever shall first occur).

• d) When Transit has ended or is suspended, CK Couriers shall be entitled to store the goods at the sole risk of the Customer and shall not be liable for any loss of or damage to the Consignment unless it is proved that such loss damage was caused by the wilful misconduct of CK Couriers. In addition, CK Couriers shall be entitled to recover reasonable storage charges from the Customer.

• e) Subject to express instructions given by the Customer, CK Couriers reserves to itself absolute discretion as to the means, route and procedure for any Transit and in the handling, storage and transportation of any Consignment. This includes parking and loading or unloading in any instance. Further, if in the reasonable opinion of CK Couriers it is at any stage necessary or desirable in the Customer’s interests to depart from express instructions, CK Couriers shall be at liberty to do so.

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6. Exclusion of Liability

 

• a) CK Couriers shall not in any event be liable for any Consequential Loss whatsoever, howsoever arising, which include but are not limited to: all economic losses, loss of profits, increased management or labour costs, loss of business, loss of reputation and goodwill, loss of market or falls in prices of whatever nature and all other damages costs or expenses or other indirect losses, including any liability to or claims by any third-party. This applies whether or not CK Couriers had any knowledge that such damage or loss might be incurred.

• b) CK Couriers will make every endeavour to effect prompt collection and delivery of all Consignments, but will not be liable for any delay in collecting, carrying or delivering any Consignment under any circumstances. This encompasses any costs or losses arising from or connected to any delay to any Consignment.

• c) Without prejudice to the foregoing, CK Couriers shall not be liable for any loss, non-delivery or mis-delivery of or damage to a Consignment or any part thereof, which arises from:

  1. Wear and tear from any cause, depreciation, delay or natural deterioration

  2. Act of God including but not limited to storm, earthquake or flood

  3. Act of war, invasion or hostilities (whether war be declared or not), riot or civil commotion, strike, rebellion, insurrection, revolutions; or the threat or fear of such conditions prevailing

  4. The effect of ionising radiation or uncontrolled nuclear reaction

  5. Fire or explosion from any cause

  6. Pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds.

  7. Seizures under legal process

  8. Act default or omission of whatever nature of the Customer, their employees or agents, or any person having any interest in the Consignment

  9. Insufficient or improper packing, labelling or addressing

  10. Consignee or Customer not taking or accepting delivery within a reasonable time

  11. Fraud on the part of the Customer, the consignee or the owner of the Consignment or any part thereof or the servants or agents of any of them in respect of the Consignment

  12. CK Couriers are not responsible for the storage and return of any PODs.

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7. Limitation of Liability

 

• a) The liability of CK Couriers for any loss or damage to the Consignment (or part thereof) shall not exceed the claimant’s proved loss or the amount of the carriage charges of CK Couriers in respect of the Consignment affected (whichever is the lesser).

• b) CK Couriers shall not be liable for any Consequential Loss, as set out in clause 6 (a).

• c) CK Couriers shall not be liable for any third-party costs incurred as a result of carrying any Consignment.

• d) CK Couriers shall not be liable for any loss or damage of any Consignment (or part thereof) that is presented to us by the Customer to be sent through any third-party economy service. I.e. non-dedicated vehicle services.

• e) Where the Customer has requested delivery to be made on a day different to the  collection of the Consignment by CK Couriers, or when driving laws dictate a break or overnight stay, then CK Couriers accept no liability for loss or damage to any Consignment (or part thereof), when the Consignment is left unattended.

• f) Where a claim is made for or by a Customer against our Goods in Transit insurance policy, the liability of CK Couriers for any Consignment (or part thereof) relating to that claim is governed by the limitations set out in clause 7 (a).

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8. Indemnities

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• a) The Customer shall indemnify CK Couriers in respect of the whole of any fine or penalty or legal and other costs incurred by CK Couriers and any other loss outlay and expense sustained by CK Couriers because of the Customer’s breach of any parts of these Terms and Conditions. The Customer shall also indemnify CK Couriers of any fine or penalty, resulting from parking restrictions of any kind at any collection or delivery point. All such fines or penalties will be invoiced to the Customer in addition to any charges made by CK Couriers.

• b) The Customer shall indemnify CK Couriers against any claims and demands which exceed the liability of CK Couriers under these Terms and Conditions or which arise from any act or default by the Customer or owner of the Consignment (or their respective servants, employees or agents).

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9. Time Limit for Claims

 

• a) CK Couriers shall not be liable for any damage to any Consignment (or part thereof) unless it is advised in writing within twenty-four hours of Transit ending. In the event of a Consignment being damaged, it must be made available to CK Couriers for inspection.

• b) Any claim made against CK Couriers for loss or mis-delivery must be in writing and be received (otherwise than upon a Consignment note or a delivery document) at the registered office of CK Couriers within seven days after the Transit ends. No claims may be made against CK Couriers outside that time limit.

• c) Any legal proceedings hereunder must be brought by the Customer within six months after the Transit ends. No legal proceedings may be brought against CK Couriers outside this time limit.

• d) No claim against CK Couriers will be considered until all outstanding charges to the Customer are paid to CK Couriers.

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10. Proof of Delivery Records (PODs)

 

• a) CK Couriers are not responsible for the storage and return of any PODs. When possible, CK Couriers will retain a copy of all PODs for a period of one year. The Customer may request an additional copy within this time frame (however a small administration charge of £10 per POD will be levied).

• b) CK Couriers will destroy all electronic and hard copy PODs after a period of one year, to comply with GDPR. CK Couriers will retain no records or data relating to any Consignment after this period has elapsed.

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11. Lien

 

CK Couriers shall have a general Lien on the Consignment and documents relating to it for all sums due at any time from the Customer or from the owner and shall on twenty-eight days’ notice in writing be entitled to sell or dispose thereof and to apply the proceeds towards the payment of the indebtedness. CK Couriers shall be entitled to deduct from such proceeds any associated costs to the indebtedness, the costs of storage incurred during the period of exercise of the Lien and the costs of sale or disposal, and upon accounting for any balance after payment of all sums due to CK Couriers shall be discharged of all liability whatsoever in respect of the Consignment and documents.

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12. Undelivered or Unclaimed Consignments

 

After making all reasonable attempts to return such Consignments, CK Couriers shall have the right to sell, destroy or dispose of any undelivered or unclaimed Consignments after a period of twenty-eight days without further notice.

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13. Invoicing, Charges and Payment Terms

 

• a) The Customer shall pay for the carriage of the Consignment and all costs in full before the due date stated on the Contract invoice, without set-off or deduction or counterclaim.

• b) Any queries arising from any invoice issued by CK Couriers must be raised by the Customer in writing within fourteen days of the invoice issue date. The Customer is deemed to be in full acceptance of the invoice once fourteen days has elapsed from the date of issue.

• c) In default of payment, CK Couriers shall be entitled to enforce our rights under the LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998 and issue proceedings for the recovery of the invoiced amount together with the additional charges as allowed by the aforementioned ACT.

  1. In the event of a default of payment by the Customer, ALL previous and subsequent invoices for the Customer then become due with immediate effect. We reserve the right to remove all credit facilities for any Customer once they default on an invoice.

  2. CK Couriers are entitled to reclaim from the Customer any costs incurred by CK Couriers in attempting to collect late invoice payments, for example (but not limited to): telephone costs, solicitor fees, collection agency fees etc.

• d) The Customer accepts that CK Couriers may obtain a credit report on the Customer at any time.

• e) All Contracts undertaken prior to a Customer obtaining credit facilities with CK Couriers must be paid for in advance or upon collection of the Consignment by CK Couriers, without exception. CK Couriers reserves the right to hold any Consignment in the event the Contract payment remains outstanding under these Conditions.

• f) Any waiting time will be charged at CK Couriers’ standard rate per hour. Waiting time (when applicable) will be charged in addition to any agreed quotation. Waiting time is charged after fifteen minutes at any collection or delivery address.

• g) Any unforeseen charges accrued by CK Couriers in carrying out carriage of a Consignment are chargeable on top of any quotation given. For example, but not limited to: road tolls, waiting time, fines, incorrect description of Consignments leading to wasted journeys, additional collection or delivery points.

  1. In the case where an invoice has been supplied and paid in advance of work commencing, then any extra charges accrued by CK Couriers will be charged to the Customer on a separate invoice.

  2. Any fines incurred by CK Couriers relating to the Transit of a Consignment are chargeable on top of any quotation given. For example, but not limited to: parking fines where no loading or unloading facilities are available, or where restrictions of any kind are imposed on a premises, weight related fines where the Customer has provided a Consignment that exceeds the carrying capacity of the vehicle booked by the Customer.

• h) Any Consignments cancelled once booked, are subject to a cancellation charge at CK Couriers’ standard rate. This is generally fifty percent of the agreed price, but can vary with discretion.

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14. Law

 

The Contract and these Terms and Conditions shall be construed and governed by the Laws of England.

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