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All business is conducted by Alliance Facilities Management Ltd t/a Alliance Courier Services (We) on the basis of these terms and conditions.


1. Definitions
2. Customer Guarantees
3. Services
4. Period of Responsibility
5. Insurance
6. Charges and Payment
7. Additional Costs
8. Right to Retain Possession
9. Liability
10. Limitation of Liability
11. Indemnity
a) Consignments in Bond
b) Sums in Excess of Limitation
12. Notice of Claim
13. Computation of Time
14. Time Bar
15. Paperless System
16. Variation of These Terms and Conditions
17. Jurisdiction and Law

1. Definitions

Throughout these terms and conditions the followings names and words below shall mean as indicated.

"We" Alliance Facilities Management Ltd

"You" the Customer

"Customer" any person, firm, company or body of persons
incorporated or unincorporated either having an agreement with us for the use of Services or for Carriage or otherwise using or having the benefit of the Services or Carriage.

"Carriage" all haulage services

"Customer Guarantees" promises made by You

"Equipment" includes all types of containers, transport tanks,
trailers, flats, vehicles, machinery, plant, ancillary equipment and accessories.

"Goods" any cargo, merchandise or other article whether
valuable, precious, dangerous, time sensitive, or other special type to include its packaging.

"Owner" any person having a legal right to the Goods or
Equipment or who is entitled to call for immediate possession of them.

"RHA 1998" the Road Haulage Association Limited conditions of carriage 1998 – effective 1st September 1998.

"Services" all Services provided and business conducted by us to include any reception, parking, preparation, handling, lifting, moving, storage, repair and maintenance together with the making of any associated arrangements and the dealing with any associated paperwork: excluding Carriage.

2. Customer Guarantees

2.a You guarantee to us:

(i) that You are either the Owner of the Goods and/or Equipment or are authorised by the Owners to accept these terms and conditions for the Owners.

(ii) that You have ensured compliance with all relevant local, national and international legislation and regulations relating to the preparation. Carriage, handling and movement of the Goods and / or Equipment. Should you fail to do this then You agree to compensate us in full for any loss and expense resulting from such failure and for its consequences.

(iii) that the Goods and Equipment are not:

a) in a dangerous or flammable state or likely to become so;

b) toxic or liable to give up any injurious dust, gas, fumes, liquid
or radiation;

c) infested, verminous, rotten or subject to fungal attack or
likely to come so;

d) likely to contaminate, cause danger, injury or pollution or
damage to any person or property or any other Goods or
Equipment or to the immediate environment.

e) requiring or likely to require for safekeeping any special protection arising from vulnerability to heat, cold, moisture, pilferage or proximity to other Goods but will remain safe.

2.b You also guarantee to us that Goods and/or Equipment:

a) contain no unadvised explosive material or device, unauthorised controlled drugs, contraband, pornographic or other illegal matter or persons;

b) are properly and sufficiently packed in accordance with all regulations and rules prevailing from time to time;

c) are properly and sufficiently marked, accurately documented and labelled for all cargo handling, reception, dispatch, road and rail purposes;

d) are properly marked with any warning as to any hazardous nature and contents and as to the precautions to be taken in the handling of them;

e) are fit for the intended purpose and in a fit and proper condition to be handled or otherwise dealt with by us or anyone dealing with them for us;

f) are not radioactive.

2.c. You agree to compensate us in full for any loss and expense incurred by us arising out of your failure to comply with or any breach by you of any of your guarantees in these terms and conditions.

2.d. We recommend that You take advice from a Certified Dangerous Goods Advisor.

3. Liberties; Refusal; Removal

3.a. We are entitled to use such plant, Equipment, facilities and personnel as We consider suitable.

3.b. We may refuse to provide Services.

3.c. Where Services are refused under 3.b. above. You will remove any Goods and/or Equipment immediately We ask You to.

4. Period of Responsibility

Our responsibility commences when the Goods and/or Equipment come into our possession and ceases when our possession ends. Where a request for removal of Goods and/or Equipment has been made pursuant to these terms and condition or otherwise our responsibility ceases 7 days after the date of the request.

5. Insurance

We will not insure your Goods or Equipment whilst in our possession. You should arrange your own insurance.

6. Charges and Payment

Payment by You must be made within 30 days of the date of our invoice, without deduction on account of any claim.

7. Additional Costs

7.a. Apart from any other remedy available to us in these terms and conditions You will on demand pay any additional costs and/or charges incurred by us where these arise out of or in consequence of Goods and/or Equipment being:

(i) particularly difficult to deal with;

(ii) dangerous to deal with;

(iii) unable (for any reason outside our control) to be the subject of Services or to Carriage;

(iv) not collected with a reasonable time or at all whether following notice, requested or otherwise;

(v) in need of emergency repair and attention.

7.b. If any of the above circumstances arise We will give You reasonable notice requiring You to take remedial action.

7.c. Where You fail to take remedial action following a request under 6.b. above We will be entitled to take action. This may be to remove the Goods and/or Equipment or any other action We think fit. You will reimburse us in full on demand for any costs and expenses incurred by us in doing this.

8. Right to Retain Possession

8.a. (i) We shall have a right to retain possession of all Goods and/or Equipment in our possession for all sums due at any time from You or the Owner.

(ii) Subject to 7.b. of these terms and conditions, We shall, after having given you 28 days notice in writing, be entitled to sell or dispose of such Goods and/or Equipment as your agent and at your expense and apply the proceeds in or towards the payment of sums due.

(iii) Upon accounting to You for any balance remaining after payment of any sums due to us for the costs of the sale or disposal. We shall be discharged or any liability whatsoever in respect of the Goods and/or Equipment.

(iv) If the proceeds of such sale of disposal are insufficient to satisfy payment in full of the sums due to us, any remaining unpaid balance shall remain the joint and several liability of You and the Owner.

8.b. (i) When the Goods and/or Equipment are liable to perish or deteriorate our right to sell or dispose of them shall arise immediately any sum becomes due to use.

(ii) We will take reasonable steps to advise You of this

9. Liability

9. Liability for Services : we shall not be liable for the consequences of any of the following:

a) act of God, force majeure, storm, tempest, flood;

b) fire (including steps taken for the extinguishment of it), smoke, explosion;

c) any other circumstances beyond our reasonable control and any consequences that We were unable to prevent;

d) the consequences of the exercise of any of our entitlements in these terms and conditions.

10. Limitation of Liability for Services

10.a. Even if caused by our negligence or other act or default and even where the cause of loss or damage is unexplained, our liability shall not exceed:

(i) Goods
in the case of physical loss or damage to Goods the lesser of:
a) the value of any Goods lost or damaged or
b) £1300 per tonne of the gross weight of the Goods actually lost or damaged;

(ii) Equipment
a) in the case of physical loss or damage to Equipment the repair cost where repaired otherwise
b) the actual proven loss;

but not in any event a sum exceeding the value of the Equipment.

10.b. For liability purposes the value of the Goods and/or Equipment shall be the value when coming into our possession. The value shall not in any case include any Customs duty or taxes arising in respect of the Goods.

10.c. Where Goods are misdelivered due to misloading by us, our liability is limited to an amount equal to the reasonable sea freight which would be necessary to redeliver to intended destination, even if not in fact re-delivered by sea.

10.d. In no other circumstances whatever, even if arising out of our negligence or other act or default, shall We be liable for loss of profits or markets or for consequential or indirect loss of whatever nature.

11. Indemnity

11.a. Consignments in Bond : You will reimburse us in full or any claim or demand made upon us by the Commissioners for Customs and Excise, even if arising as a result of our negligence or any other act or default, in respect of any dutiable Goods.

11.b. Sums in Excess of Limit : where We are called on by anyone to pay sums in excess of our liability under these terms and conditions, You shall reimburse to us the excess in full. This is so even where the payment is demanded as a result of our negligence or any other act or default.

12. Notice of Claim

We will not be liable to you at all unless you give us written notice of any claim within 7 days of the incident complained of coming to your notice and a detailed claim within 14 days of that date:

a) if it was not reasonably possible for such notice to be given and
b) such notice was made or given within a reasonable time.

We will not rely upon this notice provision to bar the claim.

13. Computation of Time

In any period of 7 days or less, Saturdays, Sundays and all statutory public holidays shall be excluded.

14. Time Bar

We will in any event be discharged from all liability whatever however arising unless legal proceedings are bought within one year of the date of the incident or occurrence alleged to have given rise to the claim against us.

15. Paperless System

We reserve the right at any time on reasonable notice to introduce electronic or paperless systems and, on reasonable notice, to make the use of such systems compulsory.

16. Variation

These terms and conditions may from time to time be varied by us in such manner and in such respects as We may wish.

17. Jurisdiction and Law

All claims and disputes arising under or in respect of these terms and conditions shall be decided in accord with English Law and all actions shall be subject to the exclusive jurisdiction of the English courts. The only exception to this is where the incident or occurrence giving rise to the claim or dispute arises in respect of Services provided or Carriage in Scotland, in which case such claims or disputes will be decided in accordance with Scottish Law and be subject to the exclusive jurisdiction of the Scottish courts.





Fast, friendly & reliable. Alliance is our first choice courier.

Neil Hayes Painting & Decorating Ltd

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