Terms & Conditions

is compulsorily applicable to the contract and any part of these conditions is incompatible with such legislation, such part shall, as regards the contract, be overridden to that extent and no further.

Definitions
In these conditions,
‘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.
‘Booking’ means a booking for the carriage of a consignment placed by a customer with the carrier by telephone, by facsimile or online.
‘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 explosive, radioactive material, and any other goods presenting a similar hazard.
‘Excluded Goods’ means goods which will not be carried by the carrier as specified on the website,
‘On-Line’ means bookings and booking inquiries made by the customer online via the website.
‘Website’ means the Accurate Ideas website or CourierMann website located at www.accurateideas.com and www.couriermann.com

Please read these conditions carefully before using the website or the services provided by the carrier.  If you choose to use any of the services or tools offered in the website you are in agreement and bound by these terms and conditions.

1. Your Account 
   If you use our services or website, you are responsible for maintaining the confidentiality of your account and passwords if any issued and to prevent unauthorised access to your account.  You agree to accept responsibility for all activities that occur under your account, and should inform us immediately if you have any reason to believe that your account has been used by in an unauthorised manner.  Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when opening and operating your account.  You can update your account details and information you have provided us by writing to your account manager.  The carrier reserves the right to refuse, terminate, remove, or cancel jobs on your account at our discretion and no reason may be given.  If we cancel a job, there shall be no payment required from you.

2. Privacy and Data Protection Policy 
   (1) We collect data about you from a variety of different sources, including,  when you purchase services from us directly, the website or via any of our other distribution channels, when you become an account holder, when you speak to our customer services personnel, Via explicit data capture measures, for example by entering competitions and completing surveys, Via implicit data capture measures such as studying which pages you read the most and the use of cookies. In any of the above cases, the data we collect could be personal data. 
   (2) When you contact us via the site or give us any personal data as indicated above, we may need to collect information about you to process the transaction, complete your order and provide you with the services you expect then and in the future. This information may include but is not limited to, details such as your name, your address, your phone number and your credit card details. 
   (3) Unless we have your express consent we will only disclose personal data to third parties if this is required for the purpose of completing your transaction with us. This is, of course, subject to the provision that we may disclose your data to certain permitted third parties, such as members of our own company, our own professional advisers who are bound by confidentiality codes, and when we are legally obliged to disclose your data.
   (4) By becoming a subscriber you consent to receive from us by e-mail our newsletter and details of other special offers which we may think may be of interest to you.
   (5) The carrier retains and uses your personal information to provide you with the best remote commerce (including electronic and mobile commerce) experience by providing you with a personalised service and to give you details of offers which we think will be of interest to you. We may also use the information to process any transactions you undertake with us and for internal administration and analysis. For quality assurance and training reasons, we may record the calls you make to us.
   (6) We do not sell, rent or trade your personal information to third parties for marketing purposes.  For any of the above purposes, we may send your information internationally including to countries outside the EEA. Some of these jurisdictions offer differing levels of protection of personal information, not all of which may be as high as the UK.
   (7) Websites owned and operated by the carrier may uses cookies.  A cookie is a small text file of which there are two types: Session cookies: These are required for the site to function but are not used in any way to identify you personally. Permanent cookies: These stores a few numbers on your hard drive, they last for a long time and each time you come to our site you send us a copy of them. We use them to identify you between visits. They are not required for the site to work but may enhance your experience. We do not store any personal data in these cookies, just a unique number that identifies you to us.
   (8) In the UK we operate and are registered in accordance with applicable data protection legislation.
   (9) Your payment details, credit card numbers etc., will remain within the secure operational system of the carrier and will never be shared with any other company.  Accounts supported by credit card will be charged for each job at the completion of each job or within 24 hours after the job is completed, invoiced accounts will be billed every thirty days or as otherwise agreed between you and the carrier.
   (10) By disclosing your personal information to us using this website, through mail or over the telephone, you consent to the collection, storage, and processing of your personal information by the carrier in the manner set out in these conditions.

3. Parties and Sub-Contracting 
   (1) The customer warrants that he is either the owner of the consignment or is authorised by such owner to accept these conditions on such owner’s behalf.
   (2) The carrier and any other employed by the carrier may employ the services of any other carrier for the purpose of the fulfilling the contract in whole or in part and the name of every other such carrier shall be provided to the customer upon request.
   (3) The carrier contracts for itself and as agent of and  trustee for its servants and agents and all other carriers referred to in (2) above and such other carriers servants and agents and every reference in these conditions ‘the carrier’ shall be deemed to include every other such carrier, servant and agent with the intention that they shall have the benefit of the contract and collectively and together with the carrier be under no greater liability to the customer or any other party that is the carrier hereunder.

(4) Notwithstanding condition 3(3) the carriage of any consignment by rail, sea, inland waterway or air is arranged by the carrier as an agent of the customer and shall be subject to the condition of the rail, shipping inland waterway or air carrier contracted to carry the consignment. The carrier shall be under no liability whatever to whomsoever and howsoever arising in respect of such carriage, provided that where the consignment is carried partly by such other means of transport any loss, damage or delay shall be deemed to have occurred while the consignment was being carried by road unless the contrary is proved by the carrier. 

4. Carrier’s Charges

(1) The carrier’s charges shall be payable by the Customer without prejudice to the carrier’s rights against the consignee or any other person, provided that when any consignment is consigned ‘carriage forward’ the customer shall not be required to pay such charges unless the consignee fails to pay after a reasonable demand has been made by the carrier for payment thereof.

(2) Charges shall be payable when due without reduction or deferment on account of any claim, counterclaim or set-off. The carrier shall be entitled to interest at 8 percent above the Bank of England Base Rate prevailing at the date of the carrier’s invoice or account, calculated on a daily basis on all amounts overdue to the carrier.
(3) Prices calculated and displayed on the quote portion of this website are not inclusive of any waiting time, road tolls, or other additional charges incurred during the execution of your job due of changes initiated by you after dispatching or circumstances not anticipated.  Charges added to a quote due to these service add-ons will be calculated and charged to your credit card or account after the completion of the job. Because the quote for a job may be an amount less than actually charged, the carrier retains the right to authorise with your credit card company an amount up to 20% higher than the originally quoted amount during the initial credit card authorisation process.  All quotations for the carrier’s charges are calculated in accordance with the distance in miles, the gross weight of the consignment and the type of consignment service specified in the booking. The carrier offers a range of consignment services including, without limitation, same day, next day and international deliveries.  Further details of the carrier’s charges and consignment services are available upon request.

(4) The customer shall notify the carrier at the time of booking if:

(i) The consignment contains any perishable goods

(ii) Is of a value in excess of ten thousand pounds sterling (£10,000) in the case of consignments to be sent by same day delivery within mainland Britain, or

(iii) Is of a value in excess of one hundred pounds sterling (£100) in the case of consignments to be sent by next day or international delivery and not Hawk Couriers Air Elite Service.

(5) If the value of the consignment, to be sent by same day delivery within mainland Britain, next day or international delivery, is worth in excess of ten thousand pounds sterling (£10,000), the customer shall notify the carrier at the time of booking of the content and value of such consignment. The carrier reserves the right to charge the customer (and the customer shall pay) an additional sum to be agreed at the time of booking for the carriage of the consignment and the carrier shall inform the customer of such sum prior to accepting the booking.

The pricing and charging details of all of your jobs will be available by calling the accounts team on 0800 999 1113.  Please note estimates should not be relied upon as actual price. 

5. Loading and Unloading

(1) Unless the carrier has agreed in writing to the contrary with the customer,

(a) The Carrier shall not be under any obligation to provide any plant, power or labor, other that carried by vehicle required for loading or unloading the Consignment.

(b) 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 behalf.

(c) 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.

(d) 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.

(2) 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 (1) (c) of this condition and such service as is referred to in (1) (d) of this condition had not been given. 

6. Dangerous Goods

Dangerous goods must be disclosed by the customer and the carrier agrees to accept them for carriage they must be classified packed and labeled in accordance with the statutory regulations for the carriage by road of the substance declared. Transport Emergency Cards (Tremcards) or information in writing in the manner required by the relevant statutory provisions must be provided by the customer in respect of each substance and must accompany the consignment. 

7. Transit

(1) Transit shall commence when the carrier takes possession of the consignment whether at the point of collection or at the carrier’s premises.

(2)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,

(a) If no safe and adequate access or on 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,

(b) When for any other reason whatever a consignment cannot be delivered or when a consignment is held by the carrier ‘to await order’ or ‘to be kept till called for’ or upon any like instruction 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. 

8. Delivery

(1) The customer shall ensure that the consignment is secure, properly packed and labelled in accordance with good practice and any applicable statutory requirements and is fit and safe to be carried, stored and transported by road, air, rail or sea as may be appropriate.

(2) The carrier will use all reasonable efforts to deliver within the time specified for delivery but unless otherwise agreed these are estimates only and time is not of the essence.

(3) Unless the carrier  has otherwise agreed in writing with the customer,  the carrier shall not be required to provide any labour or special equipment for loading or unloading the Consignment, other than that carried by the vehicle used by the carrier, and

(4) The carrier shall deliver consignments according to such route as it in its absolute discretion thinks fit. 

9. 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 declared nature, quantity, or weight of the Consignment at the time it is received by the carrier and the burden of providing 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. 

10. Cancellation
    In the event of cancellation of any booking for a consignment by the customer within 30 minutes prior to collection of the consignment, the customer shall be liable to the carrier for the carrier’s charges in full for the carriage of the consignment or be liable for an abortive collection charge.

11. Undelivered or Unclaimed Consignments

Where the carrier is unable for any reason to deliver a consignment to the consignee or as he may order, or where by virtue of the proviso to condition 7(2) hereof transit is deemed to be at an end, the carrier may sell the consignment and payment or tender of the proceeds after deduction of all proper charges and expenses in relation thereto and of all outstanding charges in relation to the carriage and storage of the consignment shall (without prejudice to any claim or right which the customer may have against the carrier otherwise arising under these conditions)discharge  the carrier from all liability in respect of such consignment, its carriage and storage.

Provided that,

(1) The carrier shall do what is reasonable to obtain the value of the consignment, and

(2) The power of sale shall not be exercised where the name and address of the sender or of the consignee is known unless the carrier shall have done what is reasonable in the circumstances to give notice to the sender or, if the name and address of the sender is not known, to the consignee that the consignment will be sold unless within the time specified in such notice, being a reasonable time in the circumstances from the giving of such notice, the consignment is taken away or instructions are given for its disposal. 

12. Limitation of Liability

Notwithstanding any other clause of these conditions, neither party excludes or limits liability for personal injury or death arising from the negligence or wilful default of either party, its servants, dealers or sub-contractors, or any fraudulent misrepresentation.

(1) Except as otherwise provided in these condition, the liability of the carrier in respect of claim for physical loss, misdelivery of or damage to goods comprising the consignment, howsoever arising, shall in all circumstances be limited to the lesser of

(a) The value of the goods actually lost, misdelivered or damaged or

(b) The cost of the repairing any damage or of reconditioning the goods, or

(c) A sum calculated at the rate of 20,000 sterling pound per tonne on the gross weight of the goods actually lost, misdelivered or damaged, and the value of the goods actually lost, misdelivered or damaged shall be taken to be their invoice value if they have been sold and shall otherwise be taken to be the replacement cost thereof to the owner at the commencement of transit, and in all cases shall be taken to include any customs and excise duties or taxes payable in respect of those goods,

Provided that,

(i) In the case of loss, mis-delivery of or damage to a part of the consignment the weight to be taken into consideration in determining the amount to which the carrier’s liability is limited shall be only the gross weight of that part regardless of whether the loss, misdelivery or damage affects the value of other parts of the consignment,

(ii) Nothing in this condition shall limit the liability of the carrier to less than the sum of £10

(iii) The carrier shall be entitled to proof of the weight and value of the whole of the consignment and any part thereof lost, misdelivered or damaged,

(iv) The customer shall be entitled to give to the carrier written notice to be delivered at least 7 days prior to commencement of transit requiring that the £20,000 per tonne limit in 12(1)(c) above be increased, but not  to exceed the value of the consignment, and in the event of such notice being given the customer shall be required to agree with the carrier an increase in the carriage charges in consideration of the increased limit, but if no such agreement can be reached the aforementioned £20,000 per tonne limit shall continue to apply.

(2) The carrier shall not be held responsible for any event beyond their reasonable control, which prevents it from performing its obligations under the relevant contract including, but not limited to: acts, omissions or misrepresentations by the customer, owner of the consignment, consignee or independent contractor, natural deterioration or fragility of the consignment (notwithstanding that it may be marked “Fragile”), and/or any unforeseen circumstances or causes beyond the carrier’s reasonable control, including but not limited to, act of God, war, riot, malicious damage, compliance with any law or government emergency procedure, accident, fire, flood, storm or industrial dispute, insufficient or improper packing, labelling or addressing, unless it is previously agreed in writing that the carrier shall perform such task.

(3) The carrier shall only be liable for loss or damage occurring within Great Britain. For journeys outside Great Britain, liability shall be restricted to the amount of cover provided by the international agent or carrier chosen at the carrier’s absolute discretion.  Details of such cover shall be provided to the customer upon request.

(4) The liability of the carrier in respect of claims for any other loss whatsoever (including indirect or consequential loss or damage and loss of market), and howsoever arising in connection with the consignment, shall not exceed the amount of the carriage charges in respect of the consignment or the amount of the claimant’s proved loss, whichever is the lesser, unless,

(a) At the time of entering into the contract with the carrier the customer declares to the carrier a special interest in delivery in the event of physical loss misdelivery or damage or of an agreed time limit being exceed and agrees to pay a surcharge calculated on the amount of that interest, and

(b) At least 7 days prior to the commencement of transit the customer has delivered to the carrier written confirmation of the special interest, agreed time limit and amount of the interest. 

13. Liability for Loss and Damage

(1) The customer shall be deemed to have elected to accept the terms set out in (2) of this condition unless before the transit commences, the customer has agreed in writing that the carrier shall not be liable for any loss or misdelivery of or damage to or in connection with the consignment however or whenever caused and whether or not caused or contributed to directly by any act, omission, neglect, default or other wrongdoing on the part of the carrier, its servants or agents.

(2) Subject to these conditions the carrier shall be liable for,

(a) Physical loss, misdelivery, of or damage to living creatures, bullion, money, stamps, securities, precious metals or precious stones comprising the consignment only if,

(i) The carrier has specifically agreed in writing to carry any such items and

(ii) The customer has agreed in writing to reimburse the carrier in respect of all additional costs which result from the carriage of the said items and

(iii) The loss, misdelivery or damage is occasioned during transit and is proved to be due to the negligence of the carrier, its servants or agents,

(b) Physical loss, misdelivery of or damage to any other goods comprising the consignment unless the
same has arisen from and the carrier has used reasonable care to minimise the effects of,

(i) Act of God,

(ii) Any consequences of war, invasion, act of foreign enemy, hostilities, civil war, rebellion, insurrection, terrorist act, military or usurped power or confiscation, requisition, or destruction or damage by or under the order any government or public or local authority,

(iii) Seizure or forfeiture under legal process,

(iv) Error, act, omission, misstatement or misrepresentation by the Customer or other owner of the consignment or by servants or agents of either of them,

(v) Inherent liability to wastage in bulk or weight, faulty design, latent defect or inherent defect, vice or natural deterioration of the consignment,

(vi) Insufficient or improper packing,

(vii) Insufficient or improper labelling or addressing,

(viii) Riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labour from whatever cause,

(ix) Consignee not taking or accepting delivery within a reasonable time after the consignment has been tendered.

(3) The carrier shall not in any circumstances be liable for loss or damage arising after transit is deemed to have ended within the meaning of condition 7(2) hereof, whether or not caused or contributed to directly or indirectly by any act, omission, neglect default or other wrongdoing on the part of the carrier, its servants or agents.
(4) The carrier may use third party carriers from time to time. Any loss or damage caused during transit by the third party carrier must be made claimed direct to the third party carrier. 

14. Indemnity to the Carrier

The customer shall indemnity the carrier against,

(1) All liabilities and costs incurred by the carrier (including but no limited to claims, demands, proceedings, fines, penalties, damages, expenses and loss of or damage to the carrying vehicle and to other goods carried) by reason of any error, omission, mis-statement or misrepresentation by the Customer or other owner of the consignment or by any servant or agent of either of them, insufficient or improper packing, labelling or addressing of the consignment or fraud as in condition 4,

(2) All claims and demands whatever by whomsoever made, (including but not limited to claims made upon the carrier by H.M.Customs and Excise in respect of dutiable goods consigned in bond), in excess of the liability of the carrier under these conditions,

(3) All liabilities and costs incurred by the carrier caused by or arising out of the carriage by the carrier of dangerous goods whether or not declared by the customer as such. 

15. Time Limits for Claims

(1) The carrier shall not be liable for,

(a) Damage to the whole or any part of the consignment, or physical, misdelivery or non- delivery of part of the consignment unless advised thereof in writing within seven days, and the claims is made in writing within fourteen days, after the termination of transit,

(b) Any other loss unless advised thereof in writing within 28 days, and the claim is made in writing within 42 days, after the commencement of transit.

(i) It was not reasonably possible for the customer to advise the carrier or make a claim in writing within the time limit applicable, and

(ii) Such advice or claim was given or made within a reasonable time,

(iii) The carrier shall not have the benefit of the exclusion of liability afforded by the condition.

(2) The carrier shall in any event be discharged from all liability whatsoever and howsoever arising in respect of the consignment unless suit is brought within one year of the date when transit commenced.

(3) In the computation of time where any period provided by these conditions is seven days or less, Saturdays, Sundays and all statutory public holidays shall be excluded. 

16. Website Access 
    We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.  In this instance you may call our office 24 hours a day for booking or any information needed.

17. Licence for Website Access 
    (1) The carrier grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the carrier. This licence does not include any resale or commercial use of this website or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of this website or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools.
    (2) This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
    (3) You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the carrier without express written consent. You may not use any meta tags or any other “hidden text” utilising the carriers names or trademarks such as Hawk Couriers without the express written consent of the carrier. Any unauthorised use terminates the permission or license granted by the carrier and may result in the closure of your account(s) and all monies owed will be due for immediate payment.
    (4) You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
    (5) You understand that you, and not the carrier, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
    (6) You must not use the website for any of the following: 
    (i) For fraudulent purposes, or in connection with a criminal offence or other unlawful activity,
    (ii) To send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, trademark, confidence, privacy or any other right, or is otherwise injurious to third parties, or objectionable, or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”,
    (iii) To cause annoyance, inconvenience or needless anxiety
    
    
18. Copyright and Database Rights 
    All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the carrier, its affiliates or its content suppliers and is protected by United Kingdom and international copyright and database right laws. The compilation of all content on this website is the exclusive property of the carrier and is protected by United Kingdom and international copyright and database right laws. You may not systematically extract and/or re-utilize parts of the contents of the website without the carrier’s express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this website, without written permission or consent from the carrier. You also may not create and/or publish your own database that features (e.g. our prices and product listings) parts of this website without the carriers express written consent.

19. Trademarks 
    Hawk Couriers and other marks indicated on the website are trademarks or registered trademarks of the carrier, or its subsidiaries (collectively “Accurate Ideas Ltd.”), in the United Kingdom and/or other jurisdictions.  Graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Accurate Ideas Ltd. Trademarks and trade dress may not be used in connection with any product or service that is not of the carrier, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the carrier. All other trademarks not owned by the carrier that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the carrier.
20. Fraud

The carrier shall not in any circumstances be liable in respect of a consignment where there has been fraud on the part of the customer or the owner, the servants or agents of either, in respect of that consignment, unless the fraud has been contributed to by the complicity of the carrier or of any servant of the carrier acting in the course of his employment. 

21. Lien

(1) The carrier shall have a general lien against the customer, where the customer is the owner of the consignment, for any monies whatever due from the customer to the carrier. If such lien is not satisfied within a reasonable time, the carrier may, at its absolute discretion sell the consignment, or part thereof, as agent for the Customer and apply the proceeds towards the monies due and the expenses of the retention, insurance and sale of the consignment and shall, upon accounting to the Customer for any balance remaining be discharged from all liability whatever in respect of the consignment.

(2) Where the customer is not the owner of the consignment, the carrier shall have a particular lien against the said owner, allowing the carrier to retain possession, but not to dispose of, the consignment against monies due from the customer in respect of the consignment. 

22. Unreasonable Detention

The customer shall be liable to pay demurrage for unreasonable detention of any vehicle, trailer, container or other equipment but the rights of the carrier against any other person in respect thereof shall remain unaffected. 

23. Law and jurisdiction

The contract shall be governed by English law and United Kingdom courts alone shall have jurisdiction in any dispute between the carrier and the customer.

By using this website, you indicate that you have fully understood, accepted, and agreed to follow the terms of use. In case you DO NOT agree with said terms of use, then please cease to use this website.

1. Access To Our Site

1.1 Accessing our website is allowed on a temporary basis, and we hold the right to withdraw or amend the service we provide without any notice (see below). We are not liable if for any reason our website isn’t available at any time or for any period.

1.2 Occasionally, we may restrict the access to some pages of our website, or the entire website, to users registered with us.

1.3 If you choose, or you are provided with a user identification code, password or any other piece of information as part of our security protocols, you must treat such information as confidential, and you must not offer it to a third party. We retain the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, in case you have failed to comply with any of our terms of use.

1.4 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who are to access our website through your internet connection and electronic device are aware of these terms, and that they agree with them.

2. Transactions Done Through Our Website And Being Liable To You

2.1 We are an introductory agent for providers of services and we are authorised by said providers to enter into a contract with you on their behalf. We will do this by handling your booking enquiry, allocating the booking to an available service provider, and then sending you an email with the details of your booking, with a link to the Services Terms and Conditions.

2.2 Once you agree to the Services Terms and Conditions, and the terms set out in the email using the provided link, you and the Service Provider will be in a contract.

2.3 Your contract is with the Service Provider and responsibility for the provision of the services rests solely with them. Make sure to read the Services Terms and Conditions carefully. They will be legally binding on you once you have indicated you agree to them.

2.4 Even though your contract is with the Service Provider, we will continue to be your main contact whilst the Service Provider is providing the services to you. We will also process all non-cash payments from you on behalf of the Service Provider.

2.5 Although we make every possible effort to vet and select an appropriate Service Provider, the responsibility for the provision of the services is theirs alone. You agree that we take no responsibility (directly or indirectly) and incur no liability of any kind for the provision of the services that you have booked.

2.6 We welcome your feedback about Service Providers so if you experience problems of any kind with a certain Service Provider, please contact us as soon as possible on +44 13229 14812 / +44 75935 31765.

3. Right Of Intellectual Property

3.1 We own all intellectual property rights for our website, and of the material published on it. These works are protected by copyright laws and treaties established around the world. Therefore, all rights are reserved.

3.2 You may print off a single copy, and may download extracts, of any page(s) from our site for your personal references, and you may draw the attention of others within your organisation to the material posted on our site.

3.3 You cannot modify the paper (or digital copies) of any materials you have printed off or downloaded. You cannot use any illustrations, photographs, video or audio material, or any graphics separately from any accompanying text.

3.4 Our status (and that of any identified contributors) as the authors of material on our site is to be always acknowledged.

3.5 You cannot use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us.

3.6 If you print off, copy or download any part of our site, and breach these terms of use, your right to use our site will end immediately and you must return or destroy any copies of the materials you have produced.

4. Reliance On Published Information

4.1 Reliance shouldn’t be placed on commentary and other materials published on our website as they are not intended to amount to advice.

4.2 We hereby are to disclaim all the liability and responsibility that may arise from any reliance placed on said materials by a visitor of our website, or by other parties who may be informed of its contents.

5. Our Website Is Regularly Being Updated

5.1 We regularly update the appearance and content of our website, and this could happen at any time. If the needed, we may end the access to our website, or close it indefinitely.

5.2 The material published on our website may be out of date at any given time, and we are not obligated to update it.

6. Liability For The Material Published On Our Website

6.1 The material posted on our website is provided without any conditions, guarantees, or warranties to its accuracy. As permitted by law, we, other members of our group of companies, and third parties connected to us hereby expressly exclude:

6.1.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

6.1.2 Liability for any direct, indirect, or consequential losses or damages incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including:

6.1.2.1 income or revenue loss;

6.1.2.2 business loss;

6.1.2.3 profits or contracts loss;

6.1.2.4 anticipated savings loss;

6.1.2.5 data loss;

6.1.2.6 good will loss;

6.1.2.7 wasted management or office time;

and whether caused by tort (including negligence), breach of contract or otherwise, even if it is foreseeable.

6.2 However, this does not affect in any way our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

7. Your Information And Visits To Our Website

7.1 We process your information as per our privacy policy.

7.2 By using our website, you agree to such processing and you warrant that all data provided information is accurate.

8. Upload Of Materials To Our Website

8.1 When you use a feature that allows you to upload materials to our website, or to contact other users of our website, you must agree to the content standards set out in these terms. You warrant that such contributions do comply with said standards, and you indemnify us for any breach of said warranty.

8.2 All material you upload to our site will be treated as non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties said materials for any purpose. We also retain the right to disclose your identity to any third party that is claiming that any materials posted or uploaded by you to our website are in violation of their intellectual property rights, or of their privacy rights.

8.3 We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or other users of our website.

8.4 We have the right to remove any materials or posts you put on our website if they do not comply with the content standards set out in these terms.

9. Hacking, Viruses And Other Illegal Actions

9.1 You are not to misuse our website by knowingly and intentionally introducing viruses, Trojans, worms, spy-ware, mole-ware, logic bombs or other material which is malicious and technologically harmful. You must not attempt to acquire unauthorised access to our website, the server on which our website is stored, or any server, computer, or database that are connected to our website. You must not attack our site via a denial-of-service (DoS) attack or a distributed denial-of service attack.

9.2 By breaking this provision, you are committing a criminal offence under the Computer Misuse Act 1990. We will report such breach of law to the relevant law enforcement authorities and we will co-operate with said authorities by disclosing your identity to them. Ii you breach the aforementioned terms, your right to use our site will be immediately terminated.

9.3 We are not liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, stored data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any other website linked to it.

10. Links To Our Website

10.1 You are allowed to link to our homepage, if you do so in a way that is fair and legal, and does not harm our reputation or abuse it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where there is none.

10.2 You must not make any links from any website that is not yours.

10.3 Our website is not to be framed on any other website, nor may you make a link to any part of our website different than its homepage. We retain the right to withdraw linking permissions without any notice. The website from which you are linking to us must be in accordance to with the content standards set out in these terms.

10.4 If you wish to use materials of our website other than that set out above, please state your request to our email address.

11. Outgoing Links From Our Website

11.1 Links provided from our website to other sites and resources are for your information only.

11.2 We do not have control over the contents of said sites and resources. We hold no responsibility for them or for any loss or damage that may come from you using of them.

12. Jurisdiction And Applicable Law

12.1 The English courts has non-exclusive jurisdiction over any claim coming from, or related to, a visit to our website although we reserve the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

12.2 These terms of use and any dispute or claim coming from or in connection with them, or their subject matter, or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

13. Terms Of Use Variations And Alterations

We may change these terms of use at any time by altering this page. You are expected to check this page occasional in order to take notice of any changes we make, as they are binding on your part. Some provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our website.

14. Concerns That May Arise

In case you have concerns regarding any kind of material that appears or may appear on our website, please inform us on our email address.

“Shipment” means all documents or parcels that travel under one waybill and which may be carried by any means LiveShippers chooses, including air, road or any other carrier. A “waybill” shall include any Shipment identifier or document produced by LiveShippers or Shipper automated systems such as a label, barcode, waybill or consignment note as well as any electronic version thereof. Every Shipment is transported on a limited liability basis as provided herein. If Shipper requires greater protection, then insurance may be arranged at an additional cost. (Please see below for further information). “LiveShippers” means any member of the LiveShippers or Accurate Ideas Ltd. network of services.

Customs Clearance

LiveShippers may perform any of the following activities on Shipper’s or Receiver’s behalf in order to provide its services: (1) complete any documents, amend product or service codes, and pay any duties, taxes or penalties required under applicable laws and regulations (“Customs Duties”), (2) act as Shipper’s forwarding agent for customs and export control purposes and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry and (3) redirect the Shipment to Receiver’s customs broker or other address upon request by any person who LiveShippers believes in its reasonable opinion to be authorized.

Unacceptable Shipments

A Shipment is deemed unacceptable if:

• no customs declaration is made when required by applicable customs regulations,
• it contains counterfeit goods, animals, bullion, currency, gem stones; weapons, explosives and ammunition; human remains; illegal items, such as ivory and narcotics,
• it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Road Transport Regulation on dangerous goods) or other relevant organization (“Dangerous Goods”),
  its address is incorrect or not properly marked or its packaging is defective or inadequate to ensure safe transportation with ordinary care in handling,
• it contains any other item which LiveShippers decides cannot be carried safely or legally.

Deliveries and Undeliverables

Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver’s address given by Shipper but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area.

LiveShippers may notify Receiver of an upcoming delivery or a missed delivery. Receiver may be offered alternative delivery options such as delivery on another day, no signature required, redirection or collection at a LiveShippers Service Point. Shipper may exclude some delivery options on request.

If the Shipment is deemed to be unacceptable as described in Section 2, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, or Receiver refuses delivery or to pay Customs Duties or other Shipment charges, LiveShippers shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost, failing which the Shipment may be released, disposed of or sold without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against Customs Duties, Shipment charges and related administrative costs with the balance of the proceeds of a sale to be returned to Shipper. LiveShippers shall have the right to destroy any Shipment which any law prevents LiveShippers from returning to Shipper as well as any Shipment of Dangerous Goods.

Inspection

LiveShippers has the right to open and inspect a Shipment without notice for safety, security, customs or other regulatory reasons.

Shipment Charges and Fees

LiveShippers Shipment charges are calculated according to the higher of actual or volumetric weight per piece and any piece may be re-weighed and re-measured by LiveShippers to confirm this calculation.

Shipper, or the Receiver when LiveShippers acts on Receiver’s behalf, shall pay or reimburse LiveShippers for all Shipment or other charges due, or Customs Duties owed for services provided by Ghana Door 2 Door or incurred by LiveShippers on Shipper’s or Receiver’s behalf. Payment of Customs Duties may be requested prior to delivery.

If LiveShippers uses its credit with the Customs Authorities or advances any Customs Duties on behalf of a Receiver who does not have an account with LiveShippers, LiveShippers shall be entitled to assess a fee.

Liability

1. LiveShippers liability in respect of any one Shipment transported by air (including ancillary road transport or stops en route) is limited by the Montreal Convention or the Warsaw Convention as applicable, or in the absence of such Convention, to the lower of (i) the current market or declared value, or (ii) 19 Special Drawing Rights per kilogram (approximately $US 26.00 per kilogram). Such limits shall also apply to all other forms of transportation, except where Shipments are carried only by road, when the limits below apply.

For cross border Shipments transported by road, LiveShippers liability is or shall be deemed to be limited by the Convention for the International Carriage of Goods by Road (CMR) to the lower of (i) current market value or declared value, or (ii) 8.33 Special Drawing Rights per kilogram (approximately $US 14.00 per kilogram). Such limits will also apply to national road transportation in the absence of any mandatory or lower liability limits in the applicable national transport law.

If Shipper regards these limits as insufficient it must make a special declaration of value and request insurance as described in Section 8 or make its own insurance arrangements.

LiveShippers liability is strictly limited to direct loss and damage to a Shipment only and to the per kilogram limits in this Section 6. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to LiveShippers attention.

1. LiveShippers will make every reasonable effort to deliver the Shipment according to LiveShippers regular delivery schedules, but these schedules are not binding and do not form part of the contract. LiveShippers is not liable for any damages or loss caused by delay, but for certain Shipments, Shipper may be able to claim limited delay compensation under the Money Back Guarantee terms and conditions.

Claims

All claims must be submitted in writing to LiveShippers within thirty (30) days from the date that LiveShippers accepted the Shipment, failing which LiveShippers shall have no liability whatsoever. Claims are limited to one claim per Shipment, settlement of which will be full and final settlement for all loss or damage in connection therewith.

Shipment Insurance

LiveShippers may be able to arrange insurance covering the value in respect of loss of or damage to the Shipment, provided that the Shipper so instructs LiveShippers in writing, including by completing the insurance section on the front of the waybill or by LiveShippers automated systems and pays the applicable premium. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.

Circumstances beyond LiveShippers Control

LiveShippers is not liable for any loss or damage arising out of circumstances beyond LiveShippers control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to LiveShippers; any act or omission by a person not employed or contracted by LiveShippers – e.g. Shipper, Receiver, third party, customs or other government official; “Force Majeure” – e.g. earthquake, cyclone, storm, flood, fog, war, plane crash, embargo, riot, civil commotion, or industrial action.

Shipper’s Warranties and Indemnities

Shipper shall indemnify and hold LiveShippers harmless for any loss or damage arising out of Shipper’s failure to comply with the following warranties and representations:

all information provided by Shipper or its representatives is complete and accurate;

the Shipment is acceptable for transport under Section 2 above;

the Shipment was prepared in secure premises by reliable persons and was protected against unauthorized interference during preparation, storage and any transportation to LiveShippers;

Shipper has complied with all applicable customs, import, export, data protection laws, sanctions, embargos and other laws and regulations; and

Shipper has obtained all necessary consents in relation to personal data provided to LiveShippers including Receiver’s data as may be required for transport, customs clearance and delivery, such as e-mail address and mobile phone number.

Governing Law

Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of LiveShippers, to the non-exclusive jurisdiction of the courts of, and governed by the law of the country of origin of the Shipment and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.

Severability

The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.

1.Definitions

“Contract” means any contract for the supply of Products between Accurate Wholesale and You, formed as set out in Condition 2 a);

“Delivery” means delivery of Products at Your premises or the premises of Your specified agent or (where You or Your agent’s premises are not on the UK mainland) to the shipping agent;

“Products” means products supplied to You by Accurate Wholesale, pursuant to an order placed by You;

“Purchase Price” means the price of the Products in Accurate Wholesale’s price list in force on the proposed delivery date (available from Accurate Wholesale on request) or (in respect of Products not included on Accurate Wholesale’s price list) as otherwise agreed in writing by Accurate Wholesale, and any VAT thereon.

2.Delivery, Risk, Carriage and Returns

Although Accurate Wholesale will use reasonable efforts to meet the same, proposed Delivery dates and times are estimates only, cannot be guaranteed and time for Delivery shall not be of the essence.

          a) For UK orders, Risk will pass to You on Delivery. Products shall be at the risk of SOS Wholesale Ltd up to Delivery and Accurate Wholesale will credit at Purchase Price, Products lost or damaged in transit provided that You notify Accurate Wholesale in writing of such loss or damage within 24 hours of Delivery (in the case of damage) or within 24 hours of the proposed Delivery date (in the case of loss) and provided that You note the loss or damage on the proof of delivery.

Export Orders, are ex-works only. Accurate Wholesale will not be liable for goods once they have been dispatched from our warehouse. Any discrepancies or damages must be taken up with your haulier.

Please note that it is our intent to supply ordered stock and, in turn, build pallets to maximum height specified by respective hauliers or freight forwarders. However, on the rare occasion this is not achievable, we will not be liable for any retrospective pallet charges or loss of profit. Export orders may be subject to an initial deposit upon order processing.

        b) Products that are returned due to a customer not being available to receive goods on an agreed delivery date or payment not being available on delivery, will be subject to a full re-stocking and/or a re-delivery charge.

        c) Containers arriving over 2 hours late will be subject to a demurrage charge of £60 for every hour late thereafter.

        d) Outside Transport Deliveries – A delivery charge will be administered depending on destination.  Delivery quotations are available from the sales office:  +44 13229 14812 / +44 75935 31765. Refusal of delivery by non-Accurate Ideas vehicle will incur re-stocking and/or redelivery charge.

        e) Free delivery is subject to a minimum order value. For more information please contact the sales office on +44 13229 14812 / +44 75935 31765. Additional charges may be made for deliveries into restricted areas, pedestrian zone, congestion zone and timed deliveries.

        f) Only Products received incorrectly at the time of delivery should be listed on the POD and returned with our driver. Note: Our transport cannot accept goods for return without prior authority, for further information contact the sales office on +44 13229 14812 / +44 75935 31765. Unauthorised returns will not be credited.

3.  Payment Terms

        a) All invoices are due for payment immediately upon Delivery and payable in cleared funds except where otherwise credit has been granted and alternative payment terms have been specified in writing by Accurate Wholesale.

        b) Except where otherwise agreed with Accurate Wholesale, payment should be made by BACS to. Company account which can be gotten by contacting us. Any payment queries should be directed to The Accounts Department, Accurate Ideas Ltd, 11 Pigeon Court, 95a Aldriche Way, London, E4 9NY.  Telephone number +44 13229 14812 / +44 75935 31765. Payments via credit card are only accepted if the card is a business, commercial or corporate card.   Charges may be applicable. A charge of £18 will be made for return cheques.

       c) If You fail to make any payment when it becomes due and payable, Accurate Wholesale reserves the right:
(i) to withhold all retrospective discounts and rebates otherwise due;
(ii) to defer or cancel deliveries; and
(iii) the debt will be subject to interest charges at 3% per annum over the Santander base rate for the time being in force together with all expenses, including third party collection and legal fees, which Accurate Wholesale may incur in recovering the outstanding sums.

        d) You shall make all payments due without any deduction by way of set off, withholding, counter claim, discount, abatement or otherwise.

       e) Accurate Wholesale may set off any sums due from you for products supplied and Delivered against any sums which Accurate Wholesale may otherwise owe to you.

        f) Pricing – The prices shown in the price list are updated at the time of printing, whilst we endeavour to hold the price for the period, prices are subject to change and those are ruling at the time of the invoice.

4. Retention of Title

       a) The legal and beneficial title in the Products shall not pass to You until Accurate Wholesale has received payment in full in cleared funds of: (i) the Purchase Price for those Products; and (ii) all other sums due from You to Accurate Wholesale on any other account.

       b) Until the title in the Products has passed to You, You shall (i) store such Products in a safe and proper manner separate from all other goods, clearly marked as Accurate Wholesale property and permit Accurate Wholesale representatives to enter any premises where the Products are situated to verify that the Products are so stored and marked; (ii) keep the Products in good condition; (iii) not remove, obscure or delete any mark placed on the Products by Accurate Wholesale which may enable the Products to be identified;

(iv) insure such Products, wherever located, for an amount which is not less than the Purchase Price (noting Accurate Wholesale  interest in the Products on the policy) and if so requested by SOS Wholesale Ltd, provide evidence that such insurance is in place; and (v) not pledge or allow any lien, charge or other interest to arise over the Products or their documents of title.

       c) You may sell Products in which title has not yet passed to You in the normal course of Your business and pass title in such Products to your customers if they are purchasing in good faith without notice of Accurate Wholesale’s rights.  In these circumstances, you shall sell the Products as principal vis-a-vis Your  customers and not  as agent for  Accurate Wholesale. You undertake to hold such part of the proceeds of sale as are equal to the amount owing by You (in respect of the Products or any other account) at the time of the receipt of the proceeds in a separate bank account as trustee and agent for Accurate Wholesale and provide the same to Accurate Wholesale on demand. If, however in the meantime You make payment in full to Accurate Wholesale for the Products then You shall become entitled to the proceeds representing such Products.

       d) Until Accurate Wholesale has received payment in full of: (i) the Purchase Price for the Products; and (ii) any and all other sums due from You to Accurate Wholesale on any other account, Accurate Wholesale shall be entitled to (I) all monies received from  any insurance  claims relating to  the Products (which You shall receive  as trustee for  Accurate Wholesale) and (II) recover and re-sell the Products and enter any premises where the Products are situated, for that purpose.

5.Warranties and Exclusions

       a) Accurate Wholesale warrants only that (i) the Products conform in every respect with all statutory requirements of the United Kingdom (“UK”); and (ii) the Products shall at the time of Delivery be of “satisfactory quality” (as defined in The Sale & Supply of Goods Act 1994). These warranties apply to the exclusion of all other warranties conditions and other terms implied by statute or common law to the fullest extent permitted by law.

       b) If the Products do  not conform to the above warranties then Accurate Wholesale will at its option (and in full discharge of  its liability under the warranties)  either rectify the  defect or replace the defective Products free of charge or take back the same and refund the Purchase Price provided that: (i) You give written notice of any alleged defect to Accurate Wholesale within 14 days of Delivery; and (ii) on discovery of the defect You make no further use of the Products and allow SOS Wholesale Ltd a reasonable opportunity to inspect the Products.

6.  Your attention is, in particular, drawn to the provisions of this Condition 7 Liability:

       a) Subject to Condition 7d) below, Accurate Wholesale shall not be liable (in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise) for any loss or damage (including loss of profit or other economic loss (direct or indirect), indirect or consequential loss or damage) whatsoever and howsoever arising caused by reason of any delay or failure in Delivery.

       b) Accurate Wholesale’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance of each Contract shall be Ltd to 100% of the Purchase Price of the Products supplied there under.

       c) Accurate Wholesale shall not be liable to You for any loss of profit or other economic loss (direct or indirect), indirect or consequential loss or damage whatsoever and howsoever arising.

       d) Nothing in these Terms and Conditions shall operate to exclude or limit Accurate Wholesale’s liability for death or personal injury arising out of the negligence of Accurate Wholesale or for fraudulent misrepresentation.

Jurisdiction

Each contract shall be governed by English Law and any disputes in relation thereto shall be subject to the exclusive jurisdiction of the English courts.