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Terms

TWILEX .CO.UK

TERMS AND CONDITIONS

 THE CUSTOMER’S ATTENTION IS DRAWN TO SPECIFIC CLAUSES HEREOF WHICH EXCLUDE OR LIMIT THE COMPANY’S LIABILITY AND THOSE WHO REQUIRE THE CUSTOMER TO IDEMNIFY THE COMPANY IN CERTAIN CIRCUMSTANCES AND THOSE WHO LIMIT TIME BEING CLAUSES 8,10,12,14 INCLUSIVE, 18-20 INCLUSIVE, AND 24-27 INCLUSIVE.

Insurance may only be affected by the company under clause 11(A), if so authorized by the Financial Services Authority or its successor. (All headings are indicative and do not form part of these conditions).

DEFINITIONS AND APPLICATION

1. In these conditions, the following words shall have the following meanings;

(A) Company: EVENING COURIER LIMITED trading as TWILEX under these conditions.

(B) Consignee: The person to whom the goods are consigned

(C) Customer: Any person at whose request or on whose behalf the company undertakes    any business or provides advice, information or services.

(D) Direct representative: The customer acting in the name or on behalf of the customer and / or owner with H.M. Revenue and customs as defined by council regulation 2193 / 92 or as amended.

(E) Consignment/Goods: The cargo/parcel to which any business under these conditions relates.

(F) Person: The natural person or persons or anybody or bodies corporate

(G) SDR: The Special Drawing Rights as defined by the International Monetary fund.

(H) Transport unit: Packing case, pallets container, box, trailer tanker or any other device used whatsoever, for and in connection with the carriage of goods by land, sea or air.

(I) Owner: The owner of the goods or transport unit and any other person who is or may become interested in them.

(J) The Collection Point: means the address at which a Consignment is received or collected by us.

(K) The Delivery Point: means the address to which any Consignment is delivered by us.

(L) Booking Confirmation: The summary of the order displayed of the make a booking process that is confirmed to you by e-mail once approval of the order has occurred.

1. (A) Subject to sub-paragraph (B) below, all and any activities of the company in the course of business whether gratuitous or not, are undertaken subject to these conditions.

(B) If any legislation to include regulations and directives, is compulsorily applicable to any business undertaken. These conditions shall, as regards such business, be read as subject to such legislation, and nothing in these conditions shall be construed as surrender by the company of any of its rights or immunities or as an increase of any of its responsibilities or liabilities under such legislation, and if any part of these conditions be repugnant to such legislation to any extent, such part shall as regards such business be overridden to that extent and no further.

2. The customer warrants that he is either the owner or the authorized agent of the owner and, also, that he is accepting these conditions not only for himself, but also as an agent for and on behalf of the owner.

THE COMPANY

(A) THE COMPANY: Subject to clauses 11 and 12 below, the company shall be entitled to procure, any or all the services as an agent or to provide those services a principle.

(B)  The company reserves to its full liberty as to means, route and procedure to be followed in the performance of any service provided in the course of business undertaken, subject to these conditions.

3. When the company contracts as a principle for any services, it shall have full liberty to perform such services itself or to sub contract on any in whatsoever the whole or any part of such services.

4. (A) When the company acts as an agent on behalf of the customer, the company shall be entitled, and the customer hereby expressly authorizes the company to enter into all and any contract on behalf of the customer as may be necessary or desirable to fulfill the customer’s instructions, and whether such contracts are subject to the trading condition of the parties with whom such contracts are made or otherwise.

(B) The company shall on demand by the customer, provide evidence of any contract entered into as agent for the customer. Insofar, as the company may be in default of the obligation to provide such evidence, it shall be denied to be contracted, with the customer as a principle for the performance of the customer’s instructions.

5. In all and any dealings with HMRC, for and on behalf of the customer and /or owner, the company is deemed to be appointed, and acts as Direct Representative only.

6. (A) Subject to sub-clause (B) below,

THE COMPANY:

(I) Has a general lien on all goods and documents relating to goods in its possession, custody or control for all sums due at any time to the company from the customer and /or OWNER on any account whatsoever, whether relating to goods belonging to, or services provided by or on behalf of the company to the customer or owner. Storage charges shall continue to accrue on any goods detained under lien.

(II) Shall be entitled on at least 28 days notice in writing to the customer, to sell or dispose of, or deal with such goods or documents as agent for and at the expense of the customer, and apply the proceeds in or towards the payment of such forms.

(III) Shall upon accounting to the customer for any balance remaining after payment of any sum due to the company, and for the cost of sale and / or disposal, and / or dealing, be discharged of any liability whatsoever, in respect of the goods or documents.

(B) When the goods are liable to perish or deteriorate the company’s right to sell or dispose of or deal with the goods shall arise immediately upon any sum becoming due to the company, subject only to the company taking reasonable steps to bring to the customer’s attention its intention to sell or dispose of the goods before doing so.

7. The company shall be entitled to retain and be paid all brokerages, commissions, allowances and other remunerations customarily retained by or paid to freight forwarders or airline or shipping or transport companies.

8. (A) Should the customer, consignee or owner of the goods fail to take delivery at the appointed time and place when and where the company is entitled to deliver, the company shall be entitled to store the goods, or any part thereof at the sole risk of the customer or consignee or owner whereupon the company’s liability in respect of the goods or that part thereof, stored as aforesaid, shall wholly cease. The company’s liability if any, in relation to such storage, shall be governed by these conditions. All costs incurred by the company as a result of the failure to take delivery or remove the goods from warehouse shall be deemed as freight earned and the customer shall upon demands pay such costs.

(B) The company shall be entitled at the expense of the customer to dispose of or deal with (by sale or otherwise as may be reasonable in all the circumstances).

(I)After at least 28 days notice in writing to the customer or (where the customer cannot be traced, and reasonable efforts have been made to contact any parties who may reasonably be supposed by the company to have any interest in the goods), without notice, any goods which have been held by the company for 90 days and which cannot be delivered as instructed.

(II)Without prior notice, any goods which have perished, deteriorated or altered or are in immediate prospect of doing so, in manner which has caused or may reasonably be expected to cause loss or damage to the company or third parties, or to contravene any applicable laws or regulations.

9. (A) No insurance will be effected except upon express instructions given in writing by the customer, and accepted in writing by the company, and all insurances effected by the company are subject to the usual exceptions and conditions of the policies of the insurers or underwriters taking the risk. Unless otherwise agreed in writing, the company shall not be under any obligation to affect a separate insurance on the goods but may declare it on any open or general policy held by the company.

(B) Insofar as the company agrees to effect insurance, the company acts solely as agent for the customer, and the limits of liability under clause 11.

10. (A) Except under special arrangement previously made in writing in officer of the company so authorized or made pursuant to or under the terms of a printed document signed by the company, any instructions relating to the delivery or release of the goods in specified circumstances (such as but not limited to against payment or against surrender of a particular document) are accepted by the company, where the company has to engage third parties to effect compliance with the instructions only as agents for the customer.

(B) Despite the acceptance by the company of instructions from the customer to collect freight duties, charges, dues or other expenses from the consignee or any other person on receipt of evidence of proper demand by the company and in the absence of evidence of payment (for whatever reason) by such consignee or other person the customer shall remain responsible for such freight duties charges, dues or other expenses.

(C)  The company shall not be under any liability in respect of such arrangements as are referred to under sub-clause (A) and (B) hereof save where such arrangements are made in writing and in any event, the company’s liability in respect of the performance of or arranging the performance of, such instructions shall not exceed the limits set out in clause 26A (II) of these conditions.

(D)  The company provides advice and information in whatever form it may be given for the customer only. The customer shall indemnify the company against all loss and damage suffered as a consequence of passing such advice or information onto any third party.

11. Without prior agreement in writing by an officer of the company will not accept or deal with goods that require special handling regarding carriage, handling or security, whether owing to their thief attractive nature or otherwise including but not limited to bullion, coins, precious stones, jewellery, valuables, antiques, pictures, human remains, livestock, pets, plants, should any such goods otherwise than under such prior agreement the company shall have no liability whatsoever for or in connection with the goods howsoever arising.

12. Except pursuant to instruction previously received in writing and accepted in writing by the company, the company will not acceptor deal with goods of a dangerous or damaging nature nor with goods likely to harbor or encourage vern it to other ports nor with goods liable to trait or affect other goods, if such goods are accepted pursuant to special arrangement but thereafter and in the opinion of the company constitute a risk to other goods, property life or health, the company shall, where reasonably practicable contact the customer in order tore quire him to remove, or otherwise deal with the goods but reserves the right in any event to do so at the expense of the customer.

13. Where there is a choice of rates according to the extent of degree of the liability assumed by the company and / or third parties, no declaration of value will be made and / or treated as having been made except under special arrangement previously made in writing by an officer of the company so authorized as referred to in clause 26 (D)

THE CUSTOMER

14. The customer warrants:

(A)  (I)That the description and particulars of any goods or information furnished, or services required by or on behalf of the customer are full and accurate, and

(II) That any transport unit and / or equipment supplied by the customer in relation to the performance of any requested service is fit for purpose, and

(B)  That all goods have been properly and sufficiently prepared, packed, stowed, labeled, and / or marked and that the preparation, packing, stowage, labeling and marking are appropriate to any operation or transactions affecting the goods and the characteristics of the goods.

(C)  That where the company receives the goods from the customer already stowed in or on a transport unit, the transport unit is in good condition and is suitable for the carriage to the intended destination of the goods loaded therein or thereon, and

(D)  That where the company provides the transport unit, on loading by the customer. The transport unit is in good condition and is suitable for the carriage to the intended destination of the goods loaded therein or thereon.

15. Without evidence to any right under clause 15, where the customer delivers to the company, or causes the company to deal with or handle goods of a dangerous or damaging nature or goods likely to harbor or encourage vomit or other pests or goods liable to taint or affect other goods whether declared to the company or not, he shall be liable for all loss or damage arising in connection with such goods and shall indemnify the company against all penalties, claims, damage, costs and expenses whatsoever rising in connection therewith and the goods may be dealt with in such manner as the company or any other person in whose custody they may be at any relevant time shall think fit.

16. The customer undertakes that no claims shall be made against any director, servant or employee of the company which imposes or attempts to impose, upon them any liability in connection with any services which are the subjects of those conditions, and if any such claim should nevertheless be made to indemnify the company against all companies thereof.

17. The customer shall save harmless and keep the company indemnified from and against:

(A)  all liabilities, loss, damage, costs and expenses whatsoever (including without prejudice to the generality of the foregoing, all duties, taxes, imports, levies, deposits and outlays of whatsoever nature levied by any authority in relation to the goods) arising out of the company acting in accordance with the customer’s instructions or arising from any breach by the customer of any warranty contained in these conditions, or from the negligence of the customer and

(B)  Without derogation from sub-clause (A) above any liability assumed or incurred by the company when by reason of carrying out the customer instructions, the company has become liable to any other party, and

(C)   All claims, costs and demand whatsoever and by whomsoever made or preferred in excess of the liability of the company under the terms of these conditions, regardless of whether such claims, costs and / or demands arise from or in connection with the breach of contract negligence or breach of duty of the company servants, sub-contractors or agents, and

(D)   Any claims of a general average nature, which may be made on the company.

18. (A) The customer shall pay to the company in cash or as otherwise agreed all sums when due immediately and without reduction or determent on account of any claim, counterclaim or set-off.

(B) The late payment of commercial debit (interest) Act of 1998, as amended, shall apply to all sums due from the customer

19. Where liability arises in respect of claims of a general average nature in connection with goods, the customer shall promptly provide security to the company or to any other party designated by the company in a form acceptable to the company.

LIABILITY LIMITATION

20. The company shall perform its duties with a reasonable degree of care diligently, skill and judgment.

21. The Company shall be relieved of liability for any loss or damage if, and to the extent that, such loss or damage is caused by:-

(A)  Strike, lock-out, stoppage or restraint of labour, the consequences of which the Company is unable to avoid by the exercise of reasonable diligence; or

(B)  Any cause or event which the Company is unable to avoid, and the consequences of which the company is unable to prevent by the exercise of reasonable diligence.

22. Except under special arrangements previously made in writing by an officer of the Company so authorised, the Company accepts no responsibility with regard to any failure to adhere to agreed departure or arrival dates of Goods.

23. (A) Subject to clause 2(B) and 11(B) above and sub-clause (D) below, the Company’s liability howsoever arising and, notwithstanding that the cause of loss or damage be unexplained, shall not exceed

(I) In the case of claims for loss or damage to Goods:

(a) The value of any loss or damage, or

(b) A sum at the rate of 2 SDR per kilo of the gross weight of any Goods lost or damaged

Whichever shall be the lower.

(II) Subject to (III) below, in the case of all other claims:

(a) The value of the subject Goods of the relevant transaction between the Company and its Customer, or

(b) Where the weight can be defined, a sum calculated at the rate of two SDR per kilo of the gross weight of the subject Goods of the said transaction, or

(c) 75,000 SDR in respect of any one transaction,

Whichever shall be the least.

(III) In the case of an error and/or omission, or a series of errors and/or omissions which are repetitions of or represent the continuation of an original error, and/or omission

(a) The loss incurred, or

(b) 75,000 SDR in the aggregate of any one trading year commencing from the time of the making of the original error, and/or omission,

Whichever shall be the lower.

For the purposes of clause 26(A), the value of the Goods shall be their value when they were, or should have been, shipped. The value of SDR shall be calculated as at the date when the claim is received by the Company in writing.

(B) Subject to clause 2(B) above and sub-clause (D) below, the Company’s liability for loss or damage as a result of failure to deliver, or arrange delivery of goods, in a reasonable time, or (where there is a special arrangement under Clause 25) to adhere to agreed departure or arrival dates, shall not in any circumstances whatever exceed a sum equal to twice the amount of the Company’s charges in respect of the relevant contract.

(C)   Save in respect of such loss or damage as is referred to at sub-clause (B), and subject to clause 2(B) above and Sub-Clause (D) below, the Company shall not in any circumstances whatsoever be liable for indirect or consequential loss such as (but not limited to) loss of profit, loss of market, or the consequences of delay or deviation, however caused.

(D)  On express instructions in writing declaring the commodity and its value, received from the Customer and accepted by the Company, the Company may accept liability in excess of the limits set out in sub-clauses (A) to (C) above upon the Customer agreeing to pay the Company’s additional charges for accepting such increased liability. Details of the Company’s additional charges will be provided upon request.

24. (A)  Any claim by the Customer against the Company arising in respect of any service provided for the Customer, or which the Company has undertaken to provide, shall be made in writing and notified to the Company within 14 days of the date upon which the Customer became, or ought reasonably to have become, aware of any event or occurrence alleged to give rise to such claim, and any claim not made and notified as aforesaid shall be deemed to be waived and absolutely barred, except where the Customer can show that it was impossible for him to comply with this time limit, and that he has made the claim as soon as it was reasonably possible for him to do so.

(B) Notwithstanding the provisions of sub-paragraph (A) above, the Company shall in any event be discharged of all liability whatsoever and howsoever arising in respect of any service provided for the Customer, or which the Company has undertaken to provide, unless suit be brought and written notice thereof given to the Company within nine months from the date of the event or occurrence alleged to give rise to a cause of action against the Company.

25. (A) We shall not be under any obligation to provide any equipment or labour at your premises for collection or delivery of a Consignment apart from the driver collecting the Consignment, may be required for loading or unloading of a Consignment.

(B) We will accept any consignments or goods requiring any special equipment for loading and unloading only on the condition and understanding that the necessary equipment will be provided at the Collection Point and the Delivery Point. Failure to provide such equipment and  we agree to load or unload the consignment/goods we shall not be under  any liability or obligation of any kind to you for any damage(s) caused and however it may be caused,  during the loading or unloading of the consignment. This includes any damage(s) caused whether or not by our negligence and you shall agree to indemnify and hold us harmless against any claim or demand from any person arising out of our agreeing to load or unload the Consignment in these circumstances.

26. During Collection and Deliveries we will make a first attempt to collect/deliver a Consignment during our normal working hours. If we cannot obtain a collection/delivery receipt at the Collection/Delivery Point you agree that we shall be authorized, we will leave a request for the sender/recipient of the Consignment to contact us to make alternative collection/delivery arrangements. We shall agree on a second attempt to collect/deliver to/from an authorized address or to collect/deliver to alternative address close to the collection/delivery Point. If successful, we agree that we will e-mail or leave at the collection/delivery point details of the address to which we have collected/delivered the consignment. But if we are unable to collect/deliver, either to the collection/delivery point or a nearby address, for delivery we shall return the consignment to our office. If the recipient does not contact us to arrange the alternative delivery within 10 working days we will return the consignment to sender at sender’s cost and the cost must be discharged before delivery to sender. For collection we shall agree for a third attempt and if fails the order will be canceled with refund.

27. You agree that we may use another carrier in order to support our provision of the services to you and it will be at our own expense and you agree that both we and this other carrier shall be entitled to the protection of all of the terms of this Agreement which exclude or limit liability for any losses or damage.                                                                                                                                                     

JURISDICTION AND LAW

28. These conditions and any act or contract to which they apply shall be governed by English law and any dispute arising out of any act or contract to which these Conditions apply shall be subject to the exclusive jurisdiction of the English courts.

 

EVENING COURIER LIMITED TRADING AS TWILEX

OFFICE ADDRESS:

187 High Road, Leyton, London, E15 2BY

Tel: +44 (0) 20 7117 6081
Fax: +44 (0) 20 7900 1648 Email: admin@twilex.co.uk Web site: www.twilex.co.uk

A Private Limited Company, Registered in the England and Wales number 06889257

Affordable

We are at least 75% cheaper than other same day collection & delivery services. We can collect urgently, and save you money if delivery isn’t required urgently.

Convenient

With our online booking system, you no longer lug your parcel around or wait endlessly for a driver. Just book online and we can collect your parcel on the same day if you book by 12pm.

Shorter windows

Our 2 hour window is perfect if you need a collection urgently. We won’t keep you in the whole day, so you can spend your precious time doing what you need to do.

Our Multiple items

If you have a special requirement for a recurring collection and multiple deliveries,
please contact us and see how we can help your business grow.