Please Note that the customer will not in all circumstances be entitled to Compensation, or to full Compensation, for any loss and is therefore recommended to seek professional advice as to appropriate insurance cover to be maintained while consignments are in transit.
The Carrier (as defined below) is not a common carrier and accepts goods for carriage only upon that condition and the Conditions set out below. No servant or agent of the Carrier is permitted to alter or vary these Conditions in any way unless expressly authorised in writing to do so by a Director of Skypoint Shipping. If any provision of these Conditions or of the contract becomes invalid, illegal, unenforceable or void in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. For the avoidance of doubt these are the Skypoint Shipping service Condition of Carriage which are common to all Contracts entered into between Customers and Carriers.
Definitions
In these Conditions:
‘Carrier’ means Skypoint Shipping
‘Customer’ means the person or company who contracts for the services of the Carrier including any other
carrier who gives a Consignment to the Carrier for carriage.
‘Contract’ means the contract of carriage between the Customer and the Carrier.
‘Consignee’ means the person or company to whom the Carrier contracts to deliver the Consignment.
‘Consignment’ means goods, whether a single item or in bulk or contained in one parcel, package or container, as the case
may be, or any number of separate items, parcels, packages or containers sent at one time in one load by or for the
Customer from one address to one address.
‘Dangerous Goods’ means goods named individually in the Approved Carriage List issued from time to time by
the Health and Safety Commission, explosives, radioactive material, and any other goods presenting a similar hazard.
Dangerous Goods
Dangerous Goods are not acceptable for carriage under any circumstances.
Loading and Unloading
(*) Unless the Carrier has agreed in writing to the contrary with the Customer.
(*) The Carrier shall not be under any obligation to provide any plant, power or labour, other than that carried by the vehicle,
required for loading or unloading the Consignment.
(*) The Customer warrants that any special appliances required for loading or unloading the Consignment, which are not carried
by the vehicle will be provided by the Customer or on the Customer’s behalf.
(*) The Carrier shall be under no liability whatever to the Customer for any damage whatever, however caused, if the Carrier is
instructed to load or unload any Consignment requiring special appliances which, in breach of the warranty in (b)
above, have not been provided by the Customer or on the Customer’s behalf.
(*) The Carrier shall not be required to provide service beyond the usual place of collection or delivery but if any such
service is given by the Carrier, it shall be at the sole risk of the Customer.
(*) The Customer shall indemnify the Carrier against all claims and demands whatever which could not
have been made if such instructions as are referred to in this terms and condition had not been given.
Signed Receipts
The Carrier shall, if so required sign a document prepared by the sender acknowledging the receipt of the Consignment but no such document shall be evidence of the condition or of the correctness of the declared nature, quantity, or weight of the Consignment at the time it is received by the Carrier and the burden of proving the condition of the Consignment on receipt by the Carrier and that the Consignment was of the nature, quantity or weight declared in the relevant document shall rest with the Customer.
Transit
(*) Transit shall commence when the Carrier takes possession of the Consignment whether at the point of collection or at the Carrier’s premises.
(*) Transit shall (unless otherwise previously determined) end when the Consignment is tendered at the usual place of delivery at the Consignee’s address within the customary cartage hours of the district Provided that;
(*) if no safe and adequate access or no adequate unloading facilities there exist then transit shall be deemed to end at the expiry of one clear day after notice in writing (or by telephone if so previously agreed in writing) of the arrival of the Consignment at the Carrier’s premises has been sent to the Consignee; and
(*) when for any other reason whatever a Consignment cannot be delivered or when a Consignment is held by the Carrier ‘to await order’ or ‘be kept till 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.