Terms & terms and Conditions
1 Parcel Size
Parcel size exceeding 4 cu ft or 100,000 cu cm. will be charged at its
Volumetric weight is calculated as: (Length X Height X Width )/4000 - all
dimensions in cm.
should be non hazardous,
Parcels weighing more than 25kg will be charged at higher
standard delivery service is between 1-3 Days – (90% Delivery is next Day)
Claim on Lost or Damage
loss per shipment will not exceed £ 100.00 unless separate Insurance has been
taken. Contact the company for further
information. No claims for damage will be accepted
unless there is an outward
damage to the parcel and the recipient has signed the
parcel as received damaged and pointed
it out to the delivery person. A handling fee of 15%
will be charged on all claims by Paysend.
will not be liable what so ever for any non-delivery or late delivery.
When a delivery has failed either
due to incorrect address or no reply and the parcel has to be returned to the sender a
returns fee of
£10.00. will be
8 Change of Date of Collection
Once a collection has been booked any
change in collection date will incur an amendment fee of £10.00
Change of Collection Address
Once a collection has been booked any
change in collection address will incur an amendment fee of £10.00
Terms and Conditions
Please read all these Terms with care
in particular Clauses 3 and 8 which contain provisions defining, regulating and
Company's liability in respect of any potential default and provide
for an indemnity by the Customer in certain circumstances.
(a) The Company means ‘Paysend’
(b) "The Customer" means the person requesting the Company to transport the
(c) "Consignment" means any article or articles of any sort which may be, or be
intended to be, received by the Company from any one consignor at any one
address for carriage and delivery at any one time to any one consignee at any
one other address:
(d) "The relevant collection point" means the address at which any Consignment
is to be received by the Company.
(e) "The relevant delivery point" means the address to which any Consignment is
to be delivered by the Company.
(f) "The excepted risks" means:
(i) War, invasion, act of foreign enemy, hostilities (whether war be declared or
not), civil war, rebellion, revolution, insurrection or military or usurped
power or loot, sack or pillage in connection therewith, and/or
(ii) Ionizing radiations or contamination by radioactivity from any nuclear fuel
or from any nuclear waste from the combustion or nuclear fuel, and/or
(iii) Radioactive, toxic, explosive or other hazardous properties of any
explosive nuclear assembly or nuclear component thereof, and/or
(iv)Pressure waves caused by aircraft and other aerial devices travelling at
sonic or supersonic speeds, and/or
(v) The absence, failure or inadequacy of packing or packaging.
(g) "The Service Order" means the Service Order and Schedule form;
(h) "This Agreement" means the Service Order together with these terms.
2. Company's obligation
In consideration of the payments to be made to the Company by the Customer, the
Company shall (subject as hereinafter mentioned) during the continuance of this
Agreement carry out the services described in the Schedule.
3. Liability of the Company
Note: Where the Customer deals with the Company as a consumer the provisions set
out hereunder do not and will not affect his rights under the Unfair Contract
Terms Act 1977.
(a) The value of the property intended to be carried and/or delivered and also
the amount of any consequential loss which might arise from damage or loss to or
of the said property are matters which are better known to and/or more readily
ascertainable by the Customer than the Company; indeed to some extent they
cannot be known to the Company but are under the control to the Customer;
(b) The potential extent of the damage (as defined in (f) below) that might be
caused or be alleged to be caused to the Customer is disproportionate to the sum
that can reasonably be charged by the Company;
(c) The Company is not able to obtain insurance giving unlimited cover for its
full potential liability to its customers and in any case even insurance giving
loss arising there from which insurance the Customer should be able to, and
(d) The Company is concerned to keep down the costs of the services it provides
to its customers;
(e) In the circumstances the Company intends to limit its liability for any
damage caused to the Customer (as defined in (f) below) to amounts which are not
out of proportion to its charges, namely the amounts defined in (II) below;
(f) In these Terms "damage caused to the Customers" means any damage suffered by
the Customer (including for the avoidance of doubt any loss of or damage to any
Consignment and loss of any other kind whether direct or consequential),
howsoever arising, caused by any negligence, breach of duty or other wrongful
act or omission (which phrase, wherever it appears in these Terms, includes any
deliberately wrongful act or omission and any breach, howsoever fundamental, of
any express or implied term of the contract between the Company and the Customer
incorporating these Terms) on the part of the Company its servants or agents;
(g) It is difficult to investigate claims received weeks after the loss or
damage is alleged to have occurred.
THE COMPANY AND THE CUSTOMER AGREE TO
THE FOLLOWING LIMITATION OF LIABILITY. (I) Provision as to liability of the
Company, its servants or agents;
So far as concerns damage caused to the Customer the Company shall be liable to
the Customer (and then only to the limited extent set out below) only if and in
so far as such damage is caused by the negligence, breach of duty or other
wrongful act or omission of the Company itself or its directors of servants
acting within the course of their employment.
(II) Provision as to limitation of the amount of liability of the Company
If, whether pursuant to the provisions set out herein or otherwise, any
liability to the Customer shall arise on the part of the Company, its servants
or agents (whether under the express or implied terms of the contract
incorporating these terms, howsoever fundamental, or in negligence or in any
other way, however fundamental may be the breach of any duty) for any damage
caused to the Customer, such liability shall in all cases whatsoever be limited
to the payment by the Company on its own behalf and on behalf of its servants
and agents by way of damages:
(a) in the event of loss of or damage to the whole of a Consignment, of a sum
not exceeding whichever is the greater of (i) an amount calculated at the rate
of £1,000 per tone on the gross weight of the
Consignment and (ii) £500 in respect of the PaySend
Diamond service and £75.00 in
respect of all other services;
(b) in the event of loss of or damage to part of a Consignment, of the
proportion of the sum ascertained in accordance with sub-clause (a) above which
the actual value of that part of the Consignment bears to the actual value of
the whole of the Consignment;
(c) in respect of any claim arising other than as a result of loss of or damage
to a Consignment or part thereof, of a sum not exceeding £50 in respect of any
one Consignment. Provided that the Company shall be entitled to require proof of
the value and weight of the whole Consignment and any part or parts thereof.
(III) Provision as to notification of claims
The Company its servants or agents shall not be liable to the Customer in any
circumstances or to any extent whatever in respect of damage caused to the
Customer unless written notice is received by the Company at its Registered
Office within 14 days, in the case of damage to the whole or part of a
Consignment or loss of part of a Consignment, and, in all other cases, 28 days
of the date upon which the Consignment was collected or received by the Company.
(IV) Special provision as to the excepted risks and as to strikes etc.
(a) The Company and its servants or agents shall not in any circumstances
whatever be liable for any damage caused to the Customer arising directly or
indirectly from or in consequence or any of the excepted risks, or for any
expenses whatsoever resulting or arising there from
(b) If the Company shall at any time be prevented from or delayed in starting,
carrying our or completing any service by reason of strikes, lockouts, labour
disputes, weather conditions, traffic congestion, mechanical breakdown or
obstruction of any public or private road or highway or any cause whatever
beyond the Company's control, the Customer shall have no claim for damages or
otherwise against the Company its servants or agents for any consequential loss
as a result thereof PROVIDED that in the case of mechanical breakdown of one of
the Company's vehicles the Company shall use its best endeavors to provide a
replacement vehicle with the minimum practicable delay.
(V) Special provision as to
labeling The Company its servants or agents
shall not in any circumstances whatever be liable for any late delivery or mis-delivery
or non-delivery caused or contributed to by any deficient or ambiguous labeling
of the Consignment.
(VI) The company will not be liable for any
claims in respect of any loss arising by breakage of glass, ceramics, fragile
items or spillage of
All such items will be carried at client's risk.
4. Loading and Unloading
(a) When collection or delivery takes place at the Customer's premises the
Company shall not be under any obligation to provide any plant power or labour
which, apart from the Company's servant, may be required for loading or
unloading at such premises.
(b) Any Consignment (or part thereof) requiring special appliances for loading
onto and/or unloading from the vehicle is accepted for carriage only on
condition that such appliances are available at the relevant collection and/or
delivery points. Where such special appliances are not available as aforesaid
and if the company agrees to load or unload such Consignment (of part thereof)
the Company shall be under no liability whatsoever to the Customer for any
damage, however caused, in the course or as a result of loading or unloading
such Consignment without such special appliances, whether or not by the
negligence of the Company or its servants or agents, and the Customer shall save
harmless and keep the Company indemnified against any claim or demand arising
out of such loading or unloading.
5.Collections and Deliveries
(a) Collections and deliveries which take more than fifteen minutes may be
subject to a surcharge.
(b) The Company will make one attempt to delivery a Consignment during normal
working hours. Subject to (c) below, if the Company cannot obtain a receipt at
the relevant delivery point it may attempt to deliver and obtain an appropriate
receipt at an address close to the relevant delivery point and, if successful,
the Company will leave at the relevant delivery point details of the address at
which delivery has been effected. If the Consignment has not been delivered, the
Company will return it to the Company's premises, after leaving at the relevant
delivery point a request for the consignee to contact the Company to make
alternative delivery arrangements. If no such contact is made within a
reasonable time the Company will return the Consignment to the consignor at the
(c) If, on attempting to deliver a Consignment to a school or similar
institution, the Company finds that such school or institution is closed for
holidays or other reason, the Company may apply a storage charge for retaining
the Consignment at its premises and shall be allowed a reasonable time to
deliver the Consignment once the school or institution re-opens.
6. International Carriage
(a) In the case of services where the Company is required to collect goods from
or deliver goods to a country outside the United Kingdom the Company's liability
(subject to (b) below) is governed by the relevant provisions of the Convention
on the Contract for the International Carriage of Goods by Road as set out in
the Schedule to the Carriage of Goods by Road Act 1965 (as such Schedule may be
amended from time to time) ("the CMR Regulations") and in particular Articles 17
and onwards, which provisions will be incorporated herein and will apply in
place of any inconsistent terms above written. A copy of such provisions will be
supplied if required.
(b) In relation to that part of any carriage performed by air and if the transit
by air involves an ultimate destination or stop in a country other than the
country of departure, the Warsaw Convention as amended may be applicable and the
Convention governs, and in most cases limits, the liability of the Company in
respect of loss of or damage to consignments.
(c) The Customer authorizes the Company and its agents to sign all transit and
customs documentation on behalf of the Customer.
No objection will be taken to the use by the Company at its own expense of any
other carrier and in such circumstances both the Company and such other carrier
shall be entitled to the protection of all the terms hereof which exclude or
limit the liability of the Company.
8. Provision for Indemnity by the
The Customer shall for all purposes be treated by the Company and its servants
or agents as sole beneficial owner of any and every Consignment and it is agreed
that if any other person shall in respect of any Consignment, or part thereof,
make any claim against the Company its servants or agents arising out of the
contract incorporating these Terms whether arising out of any negligence, breach
of duty or other wrongful act or omission by the Company its servants or agents
or otherwise, in respect of any loss or damage (including loss of any kind
whether direct or consequential) outside or beyond the liability of the Company
to the Customer, as limited herein, then the Customer shall indemnify the
Company its servants or agents against such claim (and all costs incurred
therein) in respect whereof the Company is by these Terms declared to be under
no liability to the Customer, or in so far as any such claim shall cause the
total liability of the Company to the Customer and all such claimants to exceed
the limited sums set in the Clause 3 above.
9. Provision extending protection to
servants or agents of the Company
The Customer agrees with the Company, contracting as agent and/or trustee on
behalf of its servants and agents, that in consideration of the said servants
and agents carrying out for the benefit of the Customer the obligations under
their contracts of employment with or otherwise to the Company, such servants
and agents shall be entitled to the protection of all the terms and conditions
hereof in any claim by the Customer against such servants or agents (except in
so far as relates to deliberately wrongful acts or omissions for which, as
between the Customer and the servants or agents, the servants or agents shall be
fully liable at law).
Next day Customers: the Customer will to the extent stipulated in
the Schedule make payments to the Company monthly in advance; the first of such
payments to be made no later than the date of commencement. Other payments to
the Company will be made within 7 days of the date of the Company's invoice.
Someday Customers: Payment in full will be made within 30 days of
date of invoice in the case of account customers and no later than the time of
collection in the case of other customers.
(b) All charges stated are exclusive of Value Added Tax and are subject to
variation on giving not less than 30 days prior written notice to the Customer.
(c) If fulfillment of a contract involves performing services on a Bank or Public
Holiday the Company will be entitled to make reasonable extra charges to reflect
any additional costs incurred by the Company.
11. Items not carried
(i) The Company shall not be required or caused to carry or convey anything if such
carriage or conveyance would be unlawful. The Company will not, without its
specific agreement, carry livestock, liquids, perishable goods, glass, gases,
pyrotechnics, arms and ammunition or corrosive, toxic, flammable, explosive
oxidizing, or radioactive materials. The Company reserves the right to refuse
any parcels which are neither the property of, nor sent on behalf of, the
(ii) GOODS NOT
ACCEPTED FOR CARRIAGE OR STORAGE
The Company shall not accept any of the following goods for carriage or storage
unless the Chief Executive of the Company has notified the Customer in writing
that they are accepted, and unless such notice has been given in writing no
liability whatsoever, including losses arising from negligent acts of the
Company, shall arise in respect of them to the Customer:
(a) Dangerous goods, hazardous goods, flammable goods or
(b) Firearms, works of art,
jewelry, cash, glass, negotiable instruments
(including cheques and any vouchers with a face value), precious metals,
antiques, furs or any other valuables, wines, spirits or living animals, fish,
birds or any other living organism of any type, frozen or perishable food, or
(c) Any goods prohibited by the law or regulation of any government or public or
local authority of any country where the goods are carried.
12. Customer undertakings
The Customer undertakes that:
(a) The Consignment will be accepted at the relevant delivery point and an
appropriate receipt therefore will be given to the Company's representative
escorting such Consignment. Such receipt shall be conclusive evidence of
delivery save where such receipt is obtained as a result of any fraud, collusion
or dishonesty on the part of