MARTIN J. POOLE LTD. TRADING AS THESIS DIRECT.
STANDARD CONDITIONS OF SERVICE
1.    Interpretation.  In these conditions of service:
“Customer” means the person who purchases the Services.
“Delivery Address” means the address specified by the Customer on the Supplier’s online Order Form.
“Services” means the services ordered by the Customer from the Supplier, in an order which has been accepted by the Supplier including but not limited to the printing of a thesis, dissertation or other printable material for the Customer (hereinafter “the Printed Matter”).
“Subject Matter” means the electronic version (PDF file) of the thesis, dissertation or other printable material submitted by the Customer for printing.
“Supplier” means MARTIN J. POOLE Limited, registered in Ireland no. 608556.
2.    Performance Dates.  The Supplier shall use reasonable efforts to meet any stated dates for performance but shall not be liable (in contract, negligence or otherwise) for any loss or damage resulting from its failure to do so, howsoever caused.
3.    Queries and Complaints.  Notification of queries and/or complaints must be notified to the Supplier in writing within seven (7) days of the problem arising, or seven (7) days of completion of the Services, whichever is the earlier.  A Printed Matter which is not the subject of such notification shall be deemed to have been delivered in accordance with the contract.  If the Customer considers that the Printed Matter is not in accordance with the contract the Customer shall at the Customer’s own expense return such Printed Matter, including any / all insertions and inclusions thereto to the Supplier for inspection and consideration of whether the complaint is valid and whether a refund in part or full may be appropriate.  Queries or complaints should be directed to support@thesisdirect.ie.
4.    Prices.  Unless another price is quoted by the Supplier in writing and accepted by the Customer, the price of the Services is the Supplier’s relevant standard price for the particular Services as at the date of the order as provided to the Customer prior to the placing of the order on the Supplier’s website. The Customer is obliged to pay for the services in full by credit / debit card upon placing the order.  In the event that payment is refused by the Customer’s credit / debit card company the Supplier shall not proceed with the order until satisfactory payment arrangements are put in effect or if the order has been fulfilled the Supplier shall exercise a lien over printed material produced pending payment.
5.    Additional Costs.  The Customer agrees to pay for any loss or extra costs incurred by the Supplier through the Customer’s instructions or lack of instructions, or through failure or delay in taking delivery, or through any act or default on the part of the Customer. It is the responsibility of the Customer to ensure that arrangements exist for the acceptance of the Printed Matter upon delivery to the address provided by the Customer at the time of placing their order.
Requests to alter any part of the Subject Matter after sending the PDF file containing the original text will incur a minimum charge of €50. The Supplier reserves the right to decline to accept the alteration, to charge all costs incurred up to the request for alteration being received, and to refund the Customer and any balance remaining with the Customer then entitled to place a new order in respect of the altered Subject Matter with the Supplier or some alternative service provider.
6.    VAT.  All prices are inclusive of value added tax at the appropriate rates and any other government taxes or duties which, if applicable, shall be paid by the Customer.
7.    Cancellation.  Due to the personalised nature of the Subject Matter and Printed Matter the Supplier relies on the exclusion of a right of cancellation contained in Regulation 13(2)(e) of the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013.  Without prejudice to the foregoing the Supplier will consider any request to cancel an order on a case-by-case basis.
8.    Delivery of Order.  Delivery of the Printed Matter shall be made to the Delivery Address provided by the Customer at the time of placing their order on, or as close to that address as can reasonably be arranged, and as close to the requested the delivery date. The Customer shall make all arrangements necessary to take delivery of the Printed Matter at the address whenever they are presented for delivery. A minimum processing time of three days (not including Saturday and Sunday) applies to the processing of orders from the Customer
All dates and times given for delivery of the Printed Matter are given in good faith but without any responsibility on the part of the Supplier to treat same as anything other than indicative. Time for delivery shall not be of the essence in any contract with the Customer nor shall the Supplier be under any liability for delay whether or not beyond the Supplier’s reasonable control. Delivery is made by DPD Ireland whose terms and conditions are incorporated into these terms at Schedule A hereto and are accepted by the Customer through the placing of an order with the Supplier.
9.    No Deductions.  The Customer shall make all payments in Euro, without set-off or counterclaim and free and clear of all taxes, deductions, withholdings and other charges.
10.    Interest.  The Customer shall pay to the Supplier interest on any overdue amount at a rate of 8% per annum, from the due date for payment until payment, calculated on a daily basis and compounded monthly.  Interest will be payable both before and after judgment.
11.    Warranties.  The Supplier warrants that the Services will be provided with due skill, care and diligence, and that any materials used will be sound and reasonably fit for the purpose for which they are required.  The Supplier will pass onto the Customer any benefits obtainable under any warranty given by the Supplier’s suppliers.  The Supplier undertakes that the Printed Matter will at the time of delivery correspond to the specifications and descriptions given by the Supplier.
The Customer warrants that the text supplied by the Customer is their original work and that the Customer is entitled to have it printed and bound. The Customer expressly indemnifies the Supplier and its agents against any loss suffered by the Supplier arising directly or indirectly out of breach of this provision.
12.    Remedy.  Subject to Clause 15, if the Supplier is in breach of the warranties given by it under Clause 11, its liability shall be limited to:
12.1.    correcting the relevant fault, at its own expense; or
12.2.    at the option of the Supplier, reimbursement of the price of the Services in question.
13.    No Other Liability.  Subject to Clause 15, the Supplier shall have no further liability to the Customer other than as described in Clause 12, whether under these conditions of service or on any other basis including liability in tort as a result of the sale of the Services.
14.    Consequential Loss Etc.:  Subject to Clause 15, the Supplier shall not under any circumstances be liable to the Customer by reason of any representation or warranty, condition or other term or any duty of common law, or under the express terms of these conditions or service, for any consequential, special, incidental or punitive loss or damage (whether for loss of current or future profits, loss of enterprise value or otherwise) and whether occasioned by the negligence of the Supplier, its employees or agents or otherwise, even if advised of the possibility of such damages.
15.    Non-Excludable Liability.  Nothing in these conditions of service shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or any of its employees or agents, nor shall they operate to exclude or limit any statutory rights which cannot be legally excluded or limited, including the statutory rights of a consumer.
16.    Sub-Contracting. The Supplier may in its discretion delegate any of its duties in the provision of the Services and the Customer agrees to the Subject Matter and such other personal data as may be necessary being shared with such delegated party for the purposes of performing this contract and also being shared with any party delivering the Printed Matter, to enable such delivery.
17.    Relationship of the Parties.  Nothing in these conditions of service or elsewhere shall be deemed to make the Supplier an employee, agent or partner of the Customer for any purpose whatsoever.
18.    Application.  These conditions of service shall apply to any purchase of services under an order which is accepted by the Supplier.  No other terms shall apply to the sale of the Services, including any standard conditions of purchase of the Customer, even if they are printed on the written order of the Customer or any other document issued by the Customer.  Any variation to these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
19.    Title and Risk.  The Supplier retains a lien over the printed matter until payment is made in full.  Title and risk shall pass on delivery of the Printed Matter to the Customer or in the event of the Customer being unavailable to take delivery of the order, the person who signs for delivery by our courier service.
20.    Force Majeure.  The Supplier shall be entitled to delay or cancel delivery if it is prevented from or hindered in manufacturing its operations, obtaining or delivering the Printed Matter by normal channels of delivery through any circumstances beyond its control, either natural or man-made which could not have reasonably be foreseen including but not limited to unavailability of electronic communications, strikes, accidents, flooding, fire, reduction in or unavailability of power at its production facility, breakdown of  machinery or shortage or unavailability of production inputs from normal sources of supply. The Supplier will upon request from the Customer provide confirmation of such Force Majeure circumstances to the Customer’s academic institution to assist with any appeal by the Customer for an extension of any submission deadline or mitigation of any penalties.
21.    Intellectual Property.  The content of the website, www.ThesisDirect.ie, and all intellectual property rights connected to the site are owned by the Supplier. These rights include, but are not limited to the structure of the site and how it works. These rights also includes the underlying software, images, thesis preview facilities, graphical images, the ThesisDirect logo and copyright in the text, together with any trademarks wheresoever appearing.  In the event that you choose to create a link to a page or pages of our website you so do at your own risk and in so doing you agree that neither the Supplier nor its webhosting service provider shall be exposed to any liability to you on account thereof.
22.    Governing Law.  These conditions of service shall be governed by Irish law.
23.    S.I. No. 484 of 2013.  Pursuant to Regulation 10 of the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 the Customer is hereby notified
(a)    That the main characteristic of the service is the production of printed and material from an electronic file submitted by the Customer.
(b)    That the identity of the Supplier is MARTIN J. POOLE LTD, registered in Ireland no. 608556.
(c)    That the Supplier is acting on its own behalf.
(d)    That the Supplier’s contact details are as follows:
        Post: Unit A3, Station Road, Clondalkin, Dublin 22.
        Telephone: 089 462 0505
        Facsimile: 089 462 0505
        Email: info@thesisdirect.ie
(e)    Complaints may be directed to support@thesisdirect.ie or to the contact details provided at (d) above.
(f)    The total price is determined by the customer’s selections on the company website’s online order form.
(g)    The delivery charges charged to the company by its delivery partner, DPD Ireland, are included in the total price referred to at (f) above.
(h)    This is a specific purpose contract and not a contract of indefinite duration.
(i)    There is no additional cost for using the Supplier’s website or telephone numbers beyond the ordinary basic rates charged by the communications providers.
(j)    Payment will be made in full in advance accordance with Clause 4 and Clause 5 (above).  The Printed Matter shall be delivered in accordance with Clause 8 (above) within seventy two hours or such other date as may be notified to the Customer by the Supplier to the email address registered by the Customer upon placing the order.
(k)    Complaints shall be handled in accordance with Clause 3 (above).
(l)    There is no right to cancel given the personalised nature of the Printed Matter.
(m)    The Customer may have to bear costs in respect of cancelled orders or altered orders in accordance with Clause 3, Clause 5 and Clause 7 (above).
(n)    The Supplier undertakes that the Printed Matter will at the time of delivery correspond to the specifications and descriptions given by the Supplier in accordance with Clause 11 (above).
(o)    The Supplier will provide an after-sales service in accordance with Clause 3 and Clause 20 (above).
(p)    There is no applicable Code of Practice pursuant to Section 2 of the Consumer Protection Act 2007.
(q)    The contract is for a specific purpose rather than a duration.
(r)    Payment will be made in full in advance accordance with Clause 4 and Clause 5 (above).
24.    S.I. No. 484 of 2013.  Pursuant to Regulation 7 of the European Communities (Directive 2000/31/EC) Regulations 2003 the Customer is hereby notified
(a)    See 23(b) above.
(b)    See 23(b) above.
(c)    See 23(d) above.
(d)    Our ordering process contained opt-in options regarding commercial communications.  In the event that you wish to alter your choice regarding such communications please email support@thesisdirect.ie or contact us through the other details provided at 23(d) above.
(e)    The Supplier is not registered in a trade or similar public register.
(f)    Neither the Supplier nor the Services are subject to a supervisory authority.
(g)    Neither the Supplier nor the Services are part of a regulated profession.
(h)    The Suppliers VAT Number is IE3229539GH.
(i)    See 23(f) and 23(g) above.
***
Schedule A
INTERLINK IRELAND LIMITED T/A DPD IRELAND
(hereinafter referred to as “the Carrier”) accepts goods for carriage upon the terms and
subject to the conditions set out below (hereinafter referred to as “these conditions”).
Unless previously agreed in writing by a Director of the Carrier who has express
authority to do so:
(i) no verbal, written or other addition, amendment, variation hereto or hereof shall be
effective;
(ii) these conditions supersede any other terms and conditions appearing elsewhere
and shall prevail over and exclude any terms or conditions stipulated or incorporated
or referred to by the Trader or his agents or any third party; and
(iii) it shall be a pre-condition of the Carrier’s accepting goods for carriage that the
same is subject to these conditions in all respects.
1. DEFINITIONS
In these conditions the following expressions shall have the meaning hereby
respectively assigned to them, that is to say:-
“TRADER” shall mean a customer who contracts with the Carrier for the Carrier’s
services.
“CONSIGNMENT” shall mean goods in bulk or contained in one parcel or package or
in any number of separate parcels or packages, in all cases sent at one time in one
load from one address to one address.
“DANGEROUS GOODS” shall mean goods included in the list of dangerous goods as
defined in the classification of dangerous substance restrictions in packaging group I
and II as per British Toll Tunnels, dangerous traffic, list of restrictions and in
classification and labelling of explosives and explosives regulations and including any
other relevant legislation or regulations together with any amendments thereto, or
means goods which present a comparable hazard.
“CONTRACT” shall mean the contract of carriage between the Trader and Carrier.
“CARRIER” shall, where the context so admits, include the Carrier’s officers, servants
or agents and also any other carrier or sub-contracting party whom the Carrier is
authorised and permitted to use or engage under these conditions.
2. CARRIER IS NOT A COMMON CARRIER
The Carrier is not a common Carrier and will only accept goods for carriage on these
conditions.
3. PARTIES AND SUB-CONTRACTING
(i) Where the Trader is not the owner of some or all of the goods in any particular
consignment, the Trader hereby warrants that it is for all purposes the lawful and duly
authorised agent of the owner or owners thereof and that it hereby accepts these
conditions for itself and for and on behalf of any other person having any interest in the
consignment.
(ii) The Carrier may employ and engage the services of any other carrier for the
purposes of fulfilling the contract (including any of the Carrier’s own franchisees,
agents and network members) and any such other carrier shall have the like power to
sub-contract on like terms.
(iii) The Carrier enters into the contract for and on behalf of itself and its officers,
servants, agents and sub-contractors all of whom shall be fully entitled to the benefits
of the contract and shall be under no liability whatsoever to the Trader or anyone
claiming through it in respect of a consignment in addition to or separately from that of
the Carrier under the contract.
4. CARRIER’S CHARGES
(i) The Carrier shall not accept any consignment under a contract of carriage unless
either the Trader has opened an account with the Carrier and is not in breach of any of
the conditions or credit limits applicable thereto or the consignment is a cash
transaction. For cash transactions, payment will be required by the Carrier on collection
or acceptance of the consignment unless otherwise agreed in writing. If the Trader has
opened an account with the Carrier, the Carrier shall submit invoices to the Trader
weekly or fortnightly, and the Trader shall be obliged to settle such invoices not later
than the last working day of the calendar month following that in which the invoice was
first issued.
(ii) The Carrier’s charges for carriage (and services incidental thereto) shall be payable
by the Trader without prejudice to the Carrier’s rights against the consignee or
any other person. The Carrier shall only accept “carriage forward” or “paid on”
consignments by prior written arrangement in which event the Trader shall 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.
(iii) Unless otherwise agreed in writing by the Carrier, all consignments are charged at
their actual gross weight unless a consignment exceeds 6.0 cubic metres per 1,000
kilos in which case the Carrier may calculate the charge on the basis of the number of
cubic metres.
(iv) The Trader shall not be entitled to defer or withhold payment of any money due or
liabilities incurred to the Carrier by reason of having any claim or counterclaim or any
alleged claim or counterclaim and the Trader shall not under any circumstances be
entitled to any rights of set-off in relation thereto.
(v) The absence of, or any discrepancy in, a signed delivery note shall not entitle the
Trader to defer or withhold payment of monies due or liabilities incurred to the Carrier.
(vi) The Carrier shall have a first specific lien on the consignment for all the Carrier’s
charges referred to hereunder and shall have the same rights of sale in relation thereto
as are set out under Condition 19 below.
(vii) In the event that the Carrier notifies the Trader within 48 hours of commencement
of transit of a discrepancy between the weight of the consignment stated by the Trader
on the relevant consignment note and the actual weight of the consignment, the
Carrier reserves the right to levy an additional charge equivalent to the difference
between (a) the charges payable on the basis of the actual weight of the consignment
and (b) the charges payable on the basis of the weight stated by the Trader on the
consignment note, such additional charge to be payable at the same time as the other
charges relating to the consignment.
The Carrier shall hold any consignment in respect of which notification has been given
in accordance with this condition at the depot where the discrepancy is discovered for
a period of 24 hours after giving notification to the Trader and the Trader shall have the
right to attend at the relevant depot during such 24 hour period to inspect the
consignment and verify the discrepancy advised by the Carrier failing which the Trader
shall be deemed to have accepted the discrepancy.
5. VALUE ADDED TAX
All charges exclude Value Added Tax. The Trader will indemnify the carrier against
any liability arising under the Value Added Tax Act 1972 as amended.
6. VARIATION OF TERMS
The price at which the Carrier has agreed to deliver or procure the delivery of the
consignment is based on: –
(i) the warranties and indemnities given and accepted on the part of the Trader herein;
(ii) the Carrier’s cost of maintaining insurance cover against the liabilities or its part
assumed hereunder; and
(iii) the exclusion, limitations and restrictions of and on the Carrier’s liability hereunder.
The Carrier is prepared to negotiate a different price if the Trader requires any variation
or amendment to these conditions.
7. MONEY BACK GUARANTEE
(i) Where the Trader has paid for Saturday delivery or for overnight timed delivery and
the Carrier fails to deliver on Saturday or by the specified time, as the case may be,
then the Trader shall be entitled to a refund of the difference between the charge for
that specific service and the Carrier’s standard delivery charge.
(ii) The money back guarantee provided for hereunder shall not apply where the
Carrier’s failure to deliver on Saturday or by the specified time period, as the case may
be, is caused by factors beyond its control as the same are specified in Condition 16
below.
8. PACKAGING, LABELLING, SIZE AND DANGEROUS GOODS
(i) The Trader warrants that each article comprised in the consignment has been properly
described to the Carrier and that the consignment itself has been properly marked,
addressed, and packaged so as to ensure at all times safe storage and transportation
with ordinary care and handling.
(ii) Every consignment shall be addressed and labelled using the Carrier’s labels in
accordance with the Carrier’s requirements and shall be accompanied by the Carrier’s
consignment note containing such particulars as the Carrier may reasonably request.
(iii) Unless otherwise agreed in writing by the carrier no individual parcel or package
sent by Trader may exceed 100kg.(2201bs.) in weight and/or 3 metres (120 inches) in
length.
(iv) Except where the Carrier has agreed in writing, signed by a director of the Carrier,
the Carrier does not contract to carry dangerous goods. If the Carrier agrees to accept
dangerous goods for carriage, such goods must be accompanied by a full declaration
in the required format of their nature, contents and the hazards presented (whether or
not required by statute) and be properly and safely packed in accordance with any
statutory regulations in force applicable to the carriage of such goods including but not
limited to British Toll Tunnels, Dangerous traffic list of restrictions.
(v) The Trader shall indemnify the Carrier against all costs, losses, damages, expenses
or other liability whatsoever arising out of the carriage of any dangerous goods
(whether declared as such or not and whether or not arising out of the non-compliance
by the Trader with these conditions) save insofar as the same arise out of the Carrier’s
own negligence in which case such liability shall be determined in accordance with
these conditions.
(vi) The Carrier may at any time at the Trader’s sole risk and expense return the whole
or any part of the dangerous goods to the Trader or destroy or otherwise dispose of
the whole or part thereof if the Carrier considers it necessary or advisable so to do.
9. RECEIPTS FOR CONSIGNMENTS
The Carrier shall, if so required, sign a document prepared by the Trader acknowledging
receipt of the consignment but no such document shall be evidence of the condition of
the correctness of the declared nature, quantity or weight of the consignment at the
time it is received by the Carrier.
10. LOADING AND UNLOADING
(i) When collection or delivery does not take place at the Carrier’s own premises, the
Carrier shall not be under any obligation whatsoever to provide plant, power or labour
which, in addition to the Carrier’s own drivers, is required for loading or unloading. Any
such plant or labour shall be provided at the sole risk and cost of the Trader who shall
indemnify and keep the Carrier fully indemnified against all losses, liabilities, costs,
INTERLINK IRELAND LIMITED: Terms & Conditions of Carriage – National (ROI)
APRIL ’06
APRIL ’06
damages, expenses, claims or actions suffered or incurred by the Carrier in respect
of the provision or use of the same or any other matters relating thereto.
(ii) Goods requiring special appliances for unloading are accepted for carriage only
on condition that the Trader has duly ascertained from the consignee that such
appliances are available at the specified place of delivery.
11. UNREASONABLE DETENTION
The Trader shall be liable to the Carrier for all costs, damages or expenses suffered
by the Carrier in respect of unreasonable, abnormal or unusual detention of the
Carrier’s vehicles, containers and other things which arise as a result of the nature,
state, or packaging of the consignment or any part thereof. In addition, time spent at
either the point of collection or point of delivery of the consignment in excess of one
quarter of an hour per tonne in gross weight of the consignment shall, at the discretion
of the Carrier, be subject to an additional charge calculated at the Carrier’s hourly rate
levied for the operation of the particular vehicle, container or other thing involved.
12. ROUTE
Unless otherwise agreed in writing, the method and route of transit shall be at the
absolute and sole discretion of the Carrier.
13. TRANSIT
(i) Transit shall commence when the consignment is handed to the Carrier whether at
the point of collection or (as the case may be) at the Carrier’s premises.
(ii) Transit shall (unless otherwise previously terminated) end when the consignment is
tendered at the specified place of delivery within the customary delivery hours in the
district concerned or at such other times as may be agreed between the Carrier and
the Trader provided that:-
(a) if no safe and adequate access or no adequate unloading facilities there exist,
then transit shall be deemed to end at the expiry of one clear day after notice in
writing (or by telephone if so previously agreed in writing) of the arrival of the
consignment at the Carrier’s premises in the relevant district has been sent to the
consignee; and
(b) where for any other reason whatsoever 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 instructions and such instructions are not given or the consignment
is not called for 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 such fact
has been sent to the consignee.
14. UNDELIVERED OR UNCLAIMED ITEMS
After termination of transit, unless otherwise agreed in writing, the Carrier will hold
the consignment as warehousemen subject to its normal warehousing charges and
conditions prevailing at the time and subject always to the Carrier’s right of sale and
lien provided for in Condition 4 and Condition 19 hereof.
15. COMPUTATION OF TIME
Where any period of seven days or less provided by these conditions is computed,
there shall be ignored any Sunday or Bank, or Public or other statutory holiday.
16. LIABILITY OF CARRIER
(a) The Carrier will not knowingly accept any of the following for carriage and no
insurance cover will be provided for same and further no liability will attach to the
Carrier for same:-
Explosives, radioactive materials, narcotics, firearms, paint, oil, dangerous goods,
cash, bank drafts, acids, and specifically excludes these goods in any form from its
operation.
(b) The Carrier shall be liable for loss or damage to goods occasioned during transit
to the extent as set out in these Terms and Conditions, specifically at condition 17
hereunder, unless and to the extent that the same has been caused by, is due to, or
has arisen from:-
(i) the carriage of explosives, radioactive materials, poisonous gases, oxidising
materials, narcotics, firearms, oil, paint, acid, dangerous goods and alcohol;
(ii) an act of God, force majeure or any other occurrences or cause beyond the
control of the Carrier, including war, civil commotion, invasion, hostilities, riots and
other occurrences;
(iii) seizure, damage, confiscation, requisition or destruction under legal process or
by or under the order of any governmental, local authority, or other public body;
(iv) any act or omission of the Trader or (if not the Trader) the owner or owners of
the goods comprised in a consignment (or part thereof), including their respective
servants or agents and anything done by the Carrier at the express request or
direction of them;
(v) any inherent liability of consigned goods to wastage, either in bulk, weight or
quality, any latent or inherent defects or natural deterioration of the goods;
(vi) insufficient or improper packaging, labelling or addressing;
(vii) industrial disputes, lock-outs and general or partial stoppages or restraints of
labour of whatsoever nature;
(viii) electrical, magnetic, injury, erasure, x-ray or other similar damage to electronic or
photographic images or recording in any form. Provided that under no circumstances
shall the Carrier be liable in any event for consequential loss, special damages or
other indirect loss, howsoever arising, whether or not the Carrier knew or ought to
have known that such losses or damages might be incurred including without limitation
loss of income, profits, interest or loss of market.
(ix) damage or breakage of china, glass or similar objects or parts consisting of such
material;
(x) inevitable loss due to the nature or type of goods consigned;
(xi) fraud.
There is no cover for consequential or indirect loss, howsoever it arises.
17. LIMITATION OF LIABILITY
Subject to these Conditions of Trading the liability of the Carrier for any loss or
damage shall be limited to the following amounts:-
(i) (a) where the loss or damage is in respect of the whole consignment, the amount
stated by notice in writing from the Carrier to the Trader from time to time per Kilo of
gross weight of the consignment up to a maximum weight as stated by notice in
writing from the Carrier to the Trader from time to time.
(b) where the loss or damage is in respect of part only of a consignment, to the
proportion of the sum ascertained in accordance with paragraph (a) hereof which the
actual value of that part of the consignment bears to the actual value of the whole of
the consignment.
(ii) (a) where the Carrier has covered the consignment for additional insurance the
limitation shall be increased to a maximum aggregate amount as stated by notice in
writing from the Carrier to the trader from time to time regardless of the gross weight
of the consignment.
(b) additional insurance cover up to a maximum of the amount stated by notice in
writing from the Carrier to the trader from time to time per consignment will be
provided by the Carrier where the Trader specifies that such cover is required by
ticking the appropriate box provided for this purpose on the Carrier’s consignment
note. The Trader will be liable to pay a supplementary charge for such cover per
consignment as detailed on the Carrier’s rate schedule from time to time.
(c) additional insurance cover is NOT available for consignments which comprise or
include bullion, currency, cheques, bills of exchange, postage stamps, precious
metals, gold and silver articles, precious stones, jewellery, watches, antiques, works
of art, furs, alcohol, dangerous drugs, dangerous goods, livestock, plants and
perishables or for damage resulting in their carriage.
(d) nothing in these conditions shall limit the Carrier’s liability to less than €15 in
respect of any one consignment.
18. TIME LIMIT FOR CLAIMS
The Carrier shall not be liable for any loss, damage or other liability of whatsoever
nature unless:-
(a) the Trader notifies the Carrier in writing, quoting consignment number at its Head
Office of an impending claim within seven days after termination of transit (or in the
case of a claim for non-delivery within seven days of the anticipated delivery date);
and
(b) the Carrier receives a completed claim form from the Trader at its Head Office
within twenty one days after termination of transit (or in the case of a claim for
non-delivery within twenty one days of the anticipated delivery date).
Provided that no claim shall be entertained by the Carrier nor shall any liability attach
to it, unless all payments due to the Carrier from the Trader in respect of the delivery
of the consignment have been fully made.
19. GENERAL LIEN
The Carrier shall have a general lien against the Trader or the owner or owners of
any goods comprised in any consignment for any monies and other liabilities
whatsoever due from the Trader or such owner or owners to the Carrier. If any such
monies or liabilities are not paid or satisfied within a reasonable time, the Carrier
shall be at liberty in its absolute discretion to sell any or all such goods as agent for
the owner or owners thereof and to apply the proceeds towards payment or satisfaction
of all such monies or liabilities and all the expenses of any such sale and the
Carrier shall, upon accounting to the Trader for the balance remaining (if any) of
such proceeds after such application, be discharged from all liability whatsoever in
respect of the consignment. Failure to deliver within the specified time period due to
exercise of the Carrier’s lien shall not entitle the Trader or such owner or owners to
withhold payment of any of the Carrier’s charges.
20. SEVERANCE
If at any time any one or more of the provisions of these conditions shall become or
be declared invalid, illegal or unenforceable in any respect under any law, the validity
and enforceability of the remaining provisions hereof shall not in any way be affected
or impaired thereby.
21. HEADINGS
The headings of these terms and conditions are for convenience only and shall have
no effect on the interpretation thereof.
22. GOVERNING LAW
These conditions and each and every contract made pursuant thereto shall be
governed by and construed in accordance with Laws of Ireland and the trader hereby
submits to the non-exclusive jurisdiction of the Irish Courts.
INTERLINK IRELAND LIMITED: Terms & Conditions of Carriage – National (ROI)
INTERLINK IRELAND LIMITED
(hereinafter referred to as “the Carrier”) accepts goods for carriage upon the terms
and subject to the conditions set out below (hereinafter referred to as “these
conditions”). Unless previously agreed in writing by a Director of the Carrier who has
express authority to do so:
(i) no verbal, written or other addition, amendment, variation hereto or hereof shall
be effective;
(ii) these conditions supersede any other terms and conditions appearing elsewhere
and shall prevail over and exclude any terms or conditions stipulated or incorporated
or referred to by the Trader or his agents or any third party; and
(iii) it shall be a pre-condition of the Carrier’s accepting goods for carriage that the
same is subject to these conditions in all respects.
(iv) carriage of goods by air is governed by the Warsaw Convention of 1929 as
amended by the protocol signed at The Hague on 28th September 1955.
(v) carriage of goods by road is governed by the Convention on the Contract for the
International Carriage of Goods by Road (CMR) May 1956 Geneva and Protocol of
July 5th 1978 Geneva.
1. DEFINITIONS
In these conditions the following expressions shall have the meaning hereby respectively
assigned to them, that is to say:-
“TRADER” shall mean a customer who contracts with the Carrier for the Carrier’s
services.
“CONSIGNMENT” shall mean goods contained in one parcel or package, in all cases
sent at one time in one load from one address to one address.
“DANGEROUS GOODS” shall mean goods included in the list of dangerous goods as
defined in the classification of dangerous substance restrictions in packaging group I
and II as per British Toll Tunnels, dangerous traffic, list of restrictions and in classification
and labelling of explosives and explosives regulations and including any other
relevant legislation or regulations together with any amendments thereto, or means
goods which present a comparable hazard.”
“CONTRACT” shall mean the contract of carriage between the Trader and Carrier.
“CARRIER” shall, where the context so admits, include the Carrier’s officers, servants
or agents and also any other carrier or sub-contracting party whom the Carrier is
authorised and permitted to use or engage under these conditions.
2. CARRIER IS NOT A COMMON CARRIER
The Carrier is not a common Carrier and will only accept goods for carriage on these
conditions.
3. PARTIES AND SUB-CONTRACTING
(i) Where the Trader is not the owner of some or all of the goods in any particular
consignment, the Trader hereby warrants that it is for all purposes the lawful and duly
authorised agent of the owner or owners thereof and that it hereby accepts these
conditions for itself and for and on behalf of any other person having any interest in
the consignment.
(ii) The Carrier may employ and engage the services of any other carrier for the
purposes of fulfilling the contract (including any of the Carrier’s own franchisees,
agents and network members) and any such other carrier shall have the like power to
sub-contract on like terms.
(iii) The Carrier enters into the contract for and on behalf of itself and its officers,
servants, agents and sub-contractors all of whom shall be fully entitled to the benefits
of the contract and shall be under no liability whatsoever to the Trader or anyone
claiming through it in respect of a consignment in addition to or separately from that of
the Carrier under the contract.
4. CARRIER’S CHARGES
(i) The Carrier shall not accept any consignment under a contract of carriage unless
either the Trader has opened an account with the Carrier and is not in breach of any
of the conditions or credit limits applicable thereto or the consignment is a cash
transaction. For cash transactions, payment will be required by the Carrier on collection
or acceptance of the consignment unless otherwise agreed in writing. If the Trader
has opened an account with the Carrier, the Carrier shall submit invoices to the
Trader weekly or fortnightly, and the Trader shall be obliged to settle such invoices
not later than the last working day of the calendar month following that in which the
invoice was first issued.
(ii) The Carrier’s charges for carriage (and services incidental thereto) shall be
payable by the Trader without prejudice to the Carrier’s rights against the consignee
or any other person. The Carrier shall only accept “carriage forward” or “paid on”
consignments by prior written arrangement in which event the Trader shall 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.
(iii) Unless otherwise agreed in writing by the Carrier, all consignments are charged at
their actual gross weight unless a consignment exceeds 4.0 cubic metres per 1,000
kilos in which case the Carrier may calculate the charge on the basis of the number of
cubic meters.
(iv) The Trader shall not be entitled to defer or withhold payment of any money due or
liabilities incurred to the Carrier by reason of having any claim or counterclaim or any
alleged claim or counterclaim and the Trader shall not under any circumstances be
entitled to any rights of set-off in relation thereto.
(v) The absence of, or any discrepancy in, a signed delivery note shall not entitle the
Trader to defer or withhold payment of monies due or liabilities incurred to the Carrier.
(vi) The Carrier shall have a first specific lien on the consignment for all the Carrier’s
charges referred to hereunder and shall have the same rights of sale in relation thereto
as are set out under Condition 19 below.
(vii) In the event that the Carrier notifies the Trader within 48 hours of commencement
of transit of a discrepancy between the weight of the consignment stated by the
Trader on the relevant consignment note and the actual weight of the consignment,
the Carrier reserves the right to levy an additional charge equivalent to the difference
between (a) the charges payable on the basis of the actual weight of the consignment
and (b) the charges payable on the basis of the weight stated by the Trader on the
consignment note, such additional charge to be payable at the same time as the
other charges relating to the consignment.
The Carrier shall hold any consignment in respect of which notification has been
given in accordance with this condition at the depot where the discrepancy is
discovered for a period of 24 hours after giving notification to the Trader and the
Trader shall have the right to attend at the relevant depot during such 24 hour period
to inspect the consignment and verify the discrepancy advised by the Carrier failing
which the Trader shall be deemed to have accepted the discrepancy.
5. VALUE ADDED TAX
All charges exclude Value Added Tax. The Trader will indemnify the Carrier against
any liability arising under the Value Added Tax Act 1972 as amended.
6. VARIATION OF TERMS
The price at which the Carrier has agreed to deliver or procure the delivery of the
consignment is based on:-
(i) the warranties and indemnities given and accepted on the part of the Trader herein;
(ii) the Carrier’s cost of maintaining insurance cover against the liabilities or its part
assumed hereunder; and
(iii) the exclusion, limitations and restrictions of and on the Carrier’s liability hereunder.
The Carrier is prepared to negotiate a different price if the Trader requires any
variation or amendment to these conditions.
7 . RESTRICTIONS
The following goods cannot be accepted:-
(i) Dangerous goods as defined in current edition of IATA dangerous goods regulations.
(ii) Goods under IATA carnet.
(iii) FCR (Forwarders Certificate of Receipt), FCT (Forwarders Certificate of
Transport), and cash against documents.
(iv) For delivery to PO Box Nos.
The following goods can be subject or cause to delay:-
(i) Exhibition goods.
(ii) Goods for customs clearance by agents other than those specified by the Carrier.
(iii) Goods affected by other than usual customs regulations.
(iv) Any goods with incomplete or incorrect customs documentation.
8. PACKAGING, LABELLING, SIZE AND DANGEROUS GOODS
(i) The trader warrants that each article comprised in the consignment has been
properly described to the Carrier and that the consignment itself has been properly
marked, addressed, and packaged so as to ensure at all times safe, storage and
transportation with ordinary care and handling by road, air and sea.
(ii) Every consignment shall be addressed and labelled using the Carrier’s labels in
accordance with the Carrier’s requirements and shall be accompanied by the Carrier’s
consignment note containing such particulars as the Carrier may reasonably request.
(iii) No individual item may exceed 31kg in weight.
No individual item may exceed 1.75 metres in length or a girth of 3 metres (girth =
length + (2 x height) + (2 x width)).
(iv) The Trader must provide appropriate documentation for Customs Clearance. By
providing such documentation, the Trader certifies that all statements and information
set out therein relating to exportation and importation are true and correct. The
Trader acknowledges to the Carrier that civil and/or criminal penalties, including
forfeiture and sale, may be imposed for making false or fraudulent statements.
(v) The trader shall indemnify the Carrier against all costs, losses, damages,
expenses or other liability whatsoever arising out of the carriage of any dangerous
goods (whether declared as such or not and whether or not arising out of the
non-compliance by the Trader with these conditions) save insofar as the same arise
out of the Carrier’s own negligence in which case such liability shall be determined in
accordance with these conditions.
(vi) The Carrier may at any time at the Trader’s sole risk and expense return the
whole or any part of the dangerous goods to the Trader or destroy or otherwise
dispose of the whole or part thereof if the Carrier considers it necessary or advisable
so to do.
9. RECEIPTS FOR CONSIGNMENTS
The Carrier shall, if so required, sign a document prepared by the Trader
INTERLINK IRELAND LIMITED
Terms & Conditions of Carriage – DPD Road Service to Europe (ROI)
APRIL ’06
APRIL ’06
acknowledging receipt of the consignment but no such document shall be evidence
of the condition of the correctness of the declared nature, quantity or weight of the
consignment at the time it is received by the Carrier.
10. LOADING AND UNLOADING
(i) When collection or delivery does not take place at the Carrier’s own premises, the
Carrier shall not be under any obligation whatsoever to provide plant, power or
labour which, in addition to the Carrier’s own drivers, is required for loading or
unloading. Any such plant or labour shall be provided at the sole risk and cost of the
Trader who shall indemnify and keep the Carrier fully indemnified against all losses,
liabilities, costs, damages, expenses, claims or actions suffered or incurred by the
Carrier in respect of the provision or use of the same or any other matters relating
thereto.
(ii) Goods requiring special appliances for unloading are accepted for carriage only
on condition that the Trader has duly ascertained from the consignee that such
appliances are available at the specified place of delivery.
11. UNREASONABLE DETENTION
The Trader shall be liable to the Carrier for all costs, damages or expenses suffered
by the Carrier in respect of unreasonable, abnormal or unusual detention of the
Carrier’s vehicles, containers and other things which arise as a result of the nature,
state, or packaging of the consignment or any part thereof. In addition, time spent at
either the point of collection or point of delivery of the consignment in excess of one
quarter of an hour per tonne in gross weight of the consignment shall, at the discretion
of the Carrier, be subject to an additional charge calculated at the Carrier’s
hourly rate levied for the operation of the particular vehicle, container or other thing
involved.
12. ROUTE
Unless otherwise agreed in writing, the method and route of transit shall be at the
absolute and sole discretion of the Carrier.
13. TRANSIT
(i) Transit shall commence when the consignment is handed to the Carrier whether
at the point of collection or (as the case may be) at the Carrier’s premises .
(ii) Transit shall (unless otherwise previously terminated) end when the consignment
is tendered at the specified place of delivery within the customary delivery hours in
the district concerned or at such other times as may be agreed between the Carrier
and the Trader provided that:-
(a) if no safe and adequate access or no adequate unloading facilities there exist,
then transit shall be deemed to end at the expiry of one clear day after notice in writing
(or by telephone if so previously agreed in writing) of the arrival of the consignment
at the Carrier’s premises in the relevant district has been sent to the consignee;
and
(b) where for any other reason whatsoever 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 instructions and such instructions are not given or the consignment
is not called for 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 such fact
has been sent to the consignee.
14. UNDELIVERED OR UNCLAIMED ITEMS
After termination of transit, unless otherwise agreed in writing, the Carrier will hold
the consignment as warehousemen subject to its normal warehousing charges and
conditions prevailing at the time and subject always to the Carrier’s right of sale and
lien provided for in Condition 4 and Condition 19 hereof.
15. COMPUTATION OF TIME
Where any period of seven days or less provided by these conditions is computed,
there shall be ignored any Sunday or Bank, or Public or other statutory holiday.
16. LIABILITY OF CARRIER
(a) The Carrier will not knowingly accept any of the following for carriage and further
no liability will attach to the Carrier for same:-
Explosives, radio active materials, narcotics, firearms, paint, oil, dangerous goods,
cash, bank drafts, acids, and specifically excludes these goods in any form from its
operation.
(b) The Carrier shall be liable for loss or damage to goods occasioned during transit
to the extent as set out in these Terms and Conditions, specifically at condition 17
hereunder, unless and to the extent that the same has been caused by, is due to, or
has arisen from:-
(i) the carriage of explosives, radioactive materials, poisonous gases, oxidising
materials, narcotics, firearms, oil, paint, acid, dangerous goods and alcohol;
(ii) an act of God, force majeure or any other occurrences or cause beyond the control
of the Carrier, including war, civil commotion, invasion, hostilities, riots and other
occurrences;
(iii) seizure, damage, confiscation, requisition or destruction under legal process or
by or under the order of any governmental, local authority, or other public body;
(iv) any act or omission of the Trader or (if not the Trader) the owner or owners of
the goods comprised in a consignment (or part thereof), including their respective
servants or agents and anything done by the Carrier at the express request or direction
of them;
(v) any inherent liability to wastage of consigned goods, either in bulk, weight or
quality, any latent or inherent defects or natural deterioration of the goods;
(vi) insufficient or improper packaging, labelling or addressing;
(vii) industrial disputes, lock-outs and general or partial stoppages or restraints of
labour of whatsoever nature;
(viii) electrical, magnetic, injury, erasure, x-ray or other similar damage to electronic
or photographic images or recording in any form. Provided that under no circumstances
shall the Carrier be liable in any event for consequential loss, special damages or
other indirect loss, howsoever arising, whether or not the Carrier knew or ought to
have known that such losses or damages might be incurred including without limitation
loss of income, profits, interest or loss of market.
(ix) damage or breakage of china, glass or similar objects or parts consisting of such
material;
(x) inevitable loss due to the nature or type of goods consigned;
(xi) fraud.
The Carrier is not liable for consequential loss or indirect loss, howsoever arising.
17. LIMITATION OF LIABILITY
Subject to these Conditions of Trading the liability of the Carrier for any loss or
damage shall be limited to the following amounts:-
(i) where the loss or damage is in respect of the whole consignment, the amount
stated by notice in writing from the Carrier to the trader from time to time per kilo of
gross weight of the consignment up to maximum of 31kg.
(ii) where the loss or damage is in respect of part only of a consignment, to the
proportion of the sum ascertained in accordance with paragraph (i) hereof which the
actual value of that part of the consignment bears to the actual value of the whole of
the consignment.
(iii) Full Transit Liability Insurance Cover cannot be provided by the Carrier for
international consignments. The Trader should arrange its own Insurance Cover, if
required.
18. TIME LIMIT FOR CLAIMS
The Carrier shall not be liable for any loss, damage or other liability of whatsoever
nature unless:-
(a) the Trader notifies the Carrier in writing, quoting consignment number at its Head
Office of an impending claim within seven days after termination of transit (or in the
case of a claim for non-delivery within seven days of the anticipated delivery date);
and
(b) the Carrier receives a completed claim form from the Trader at its Head Office
within twenty one days after termination of transit (or in the case of a claim for nondelivery
within twenty one days of the anticipated delivery date).
Provided that no claim shall be entertained by the Carrier nor shall any
liability attach to it, unless all payments due to the Carrier from the
Trader in respect of the delivery of the consignment have been fully made.
19. GENERAL LIEN
The Carrier shall have a general lien against the Trader or the owner or owners of
any goods comprised in any consignment for any monies and other liabilities
whatsoever due from the Trader or such owner or owners to the Carrier. If any such
monies or liabilities are not paid or satisfied within a reasonable time, the Carrier
shall be at liberty in its absolute discretion to sell any or all such goods as agent for
the owner or owners thereof and to apply the proceeds towards payment or satisfaction
of all such monies or liabilities and all the expenses of any such sale and the
Carrier shall, upon accounting to the Trader for the balance remaining (if any) of
such proceeds after such application, be discharged from all liability whatsoever in
respect of the consignment. Failure to deliver within the specified time period due to
exercise of the Carrier’s lien shall not entitle the Trader or such owner or owners to
withhold payment of any of the Carrier’s charges.
20. SEVERANCE
If at any time any one or more of the provisions of these conditions shall become or
be declared invalid, illegal or unenforceable in any respect under any law, the validity
and enforceability of the remaining provisions hereof shall not in any way be affected
or impaired thereby.
21. HEADINGS
The headings of these terms and conditions are for convenience only and shall have
no effect on the interpretation thereof.
22. GOVERNING LAW
These conditions and each and every contract made pursuant thereto shall be
governed by and construed in accordance with the Laws of the Republic of Ireland and
the Trader agrees that any dispute shall be subject to the non-exclusive jurisdiction
of the Courts of the Republic of Ireland.
INTERLINK IRELAND LIMITED
Terms & Conditions of Carriage – DPD Road Service to Europe (ROI)
INTERLINK IRELAND LIMITED
(hereinafter referred to as “the Carrier”) accepts goods for carriage upon the terms and
subject to the conditions set out below (hereinafter referred to as “these conditions”).
Unless previously agreed in writing by a Director of the Carrier who has express
authority to do so:
(i) no verbal, written or other addition, amendment, variation hereto or hereof shall be
effective;
(ii) these conditions supersede any other terms and conditions appearing elsewhere
and shall prevail over and exclude any terms or conditions stipulated or incorporated
or referred to by the Trader or his agents or any third party; and
(iii) it shall be a pre-condition of the Carrier’s accepting goods for carriage that the
same is subject to these conditions in all respects.
(iv) carriage of goods by air is governed by the Warsaw Convention of 1929 as
amended by the protocol signed at The Hague on 28th September 1955.
(v) carriage of goods by road is governed by the Convention on the Contract for the
International Carriage of Goods by Road (CMR) May 1956 Geneva and Protocol of
July 5th 1978 Geneva.
1. DEFINITIONS
In these conditions the following expressions shall have the meaning hereby respectively
assigned to them, that is to say:-
“TRADER” shall mean a customer who contracts with the Carrier for the Carrier’s
services.
“CONSIGNMENT” shall mean goods in bulk or contained in one parcel or package or
in any number of separate parcels or packages, in all cases sent at one time in one
load from one address to one address.
“DANGEROUS GOODS” shall mean goods included in the list of dangerous goods as
defined in the current edition of IATA dangerous goods regulations and in classification
and labelling of explosives and explosives regulations and including any other relevant
legislation or regulations together with any amendments thereto, or means goods
which present a comparable hazard.”
“CONTRACT” shall mean the contract of carriage between the Trader and Carrier.
“CARRIER” shall, where the context so admits, include the Carrier’s officers, servants
or agents and also any other carrier or sub-contracting party whom the Carrier is
authorised and permitted to use or engage under these conditions.
2. CARRIER IS NOT A COMMON CARRIER
The Carrier is not a common Carrier and will only accept goods for carriage on these
conditions.
3. PARTIES AND SUB-CONTRACTING
(i) Where the Trader is not the owner of some or all of the goods in any particular
consignment, the Trader hereby warrants that it is for all purposes the lawful and duly
authorised agent of the owner or owners thereof and that it hereby accepts these
conditions for itself and for and on behalf of any other person having any interest in
the consignment.
(ii) The Carrier may employ and engage the services of any other carrier for the
purposes of fulfilling the contract (including any of the Carrier’s own franchisees,
agents and network members) and any such other carrier shall have the like power to
sub-contract on like terms.
(iii) The Carrier enters into the contract for and on behalf of itself and its officers,
servants, agents and sub-contractors all of whom shall be fully entitled to the benefits
of the contract and shall be under no liability whatsoever to the Trader or anyone
claiming through it in respect of a consignment in addition to or separately from that of
the Carrier under the contract.
4. CARRIER’S CHARGES
(i) The Carrier shall not accept any consignment under a contract of carriage unless
either the Trader has opened an account with the Carrier and is not in breach of any
of the conditions or credit limits applicable thereto or the consignment is a cash
transaction. For cash transactions, payment will be required by the Carrier on collection
or acceptance of the consignment unless otherwise agreed in writing. If the Trader
has opened an account with the Carrier, the Carrier shall submit invoices to the
Trader weekly or fortnightly, and the Trader shall be obliged to settle such invoices
not later than the last working day of the calendar month following that in which the
invoice was first issued.
(ii) The Carrier’s charges for carriage (and services incidental thereto) shall be
payable by the Trader without prejudice to the Carrier’s rights against the consignee
or any other person. The Carrier shall only accept carriage forward” or “paid on”
consignments by prior written arrangement in which event the Trader shall 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.
(iii) Unless otherwise agreed in writing by the Carrier, all consignments are charged
at their actual gross weight unless a consignment exceeds 4.0 cubic metres per
1,000 kilos in which case the Carrier may calculate the charge on the basis of the
number of cubic meters.
(iv) The Trader shall not be entitled to defer or withhold payment of any money due
or liabilities incurred to the Carrier by reason of having any claim or counterclaim or
any alleged claim or counterclaim and the Trader shall not under any circumstances
be entitled to any rights of set-off in relation thereto.
(v) The absence of, or any discrepancy in, a signed delivery note shall not entitle the
Trader to defer or withhold payment of monies due or liabilities incurred to the
Carrier.
(vi) The Carrier shall have a first specific lien on the consignment for all the Carrier’s
charges referred to hereunder and shall have the same rights of sale in relation
thereto as are set out under Condition 19 below.
(vii) In the event that the Carrier notifies the Trader within 48 hours of commencement
of transit of a discrepancy between the weight of the consignment stated by the
Trader on the relevant consignment note and the actual weight of the consignment,
the Carrier reserves the right to levy an additional charge equivalent to the difference
between (a) the charges payable on the basis of the actual weight of the consignment
and (b) the charges payable on the basis of the weight stated by the Trader on the
consignment note, such additional charge to be payable at the same time as the
other charges relating to the consignment.
The Carrier shall hold any consignment in respect of which notification has been
given in accordance with this condition at the depot where the discrepancy is
discovered for a period of 24 hours after giving notification to the Trader and the
Trader shall have the right to attend at the relevant depot during such 24 hour period
to inspect the consignment and verify the discrepancy advised by the Carrier failing
which the Trader shall be deemed to have accepted the discrepancy.
5. VALUE ADDED TAX
All charges exclude Value Added Tax. The Trader will indemnify the Carrier against
any liability arising under the Value Added Tax Act 1972 as amended.
6. VARIATION OF TERMS
The price at which the Carrier has agreed to deliver or procure the delivery of the
consignment is based on:-
(i) the warranties and indemnities given and accepted on the part of the Trader herein;
(ii) the Carrier’s cost of maintaining insurance cover against the liabilities or its part
assumed hereunder; and
(iii) the exclusion, limitations and restrictions of and on the Carrier’s liability hereunder.
The Carrier is prepared to negotiate a different price if the Trader requires any variation
or amendment to these conditions.
7 . RESTRICTIONS
The following goods cannot be accepted:-
(i) Dangerous goods as defined in current edition of IATA dangerous goods regulations.
(ii) Goods under IATA carnet.
(iii) FCR (Forwarders Certificate of Receipt), FCT (Forwarders Certificate of
Transport), and cash against documents.
The following goods can be subject or cause to delay:-
(i) Exhibition goods.
(ii) Goods for customs clearance by agents other than those specified by the Carrier.
(iii)Goods affected by other than usual customs regulations for certain types of
goods.
(iv) Any goods with incomplete or incorrect customs documentation.
8. PACKAGING, LABELLING, SIZE AND DANGEROUS GOODS
(i) The trader warrants that each article comprised in the consignment has been
properly described to the Carrier and that the consignment itself has been properly
marked, addressed, and packaged so as to ensure at all times safe, storage and
transportation with ordinary care and handling by road, air and sea.
(ii) Every consignment shall be addressed and labelled using the Carrier’s labels in
accordance with the Carrier’s requirements and shall be accompanied by the
Carrier’s international consignment note containing such particulars as the Carrier
may reasonably request.
(iii) No individual item to UK may exceed 35kg in weight.
No individual item to any other international destination may exceed 30kg in weight.
No individual item (UK and International) may exceed 1.2 metres in length X 0.6
metres in width X 0.75 metres in height.
(iv) Correct documentation for Customs must accompany every consignment, including
Export Licences if necessary.
(v) The trader shall indemnify the Carrier against all costs, losses, damages,
expenses or other liability whatsoever arising out of the carriage of any dangerous
goods (whether declared as such or not and whether or not arising out of the
non-compliance by the Trader with these conditions) save insofar as the same arise
out of the Carrier’s own negligence in which case such liability shall be determined in
accordance with these conditions.
(vi) The Carrier may at any time at the Trader’s sole risk and expense return the whole
or any part of the dangerous goods to the Trader or destroy or otherwise dispose of
the whole or part thereof if the Carrier considers it necessary or advisable so to do.
9. RECEIPTS FOR CONSIGNMENTS
The Carrier shall, if so required, sign a document prepared by the Trader
acknowledging receipt of the consignment but no such document shall be evidence
INTERLINK IRELAND LIMITED
Terms & Conditions of Carriage – International (ROI)
APRIL ’06
APRIL ’06
of the condition of the correctness of the declared nature, quantity or weight of the
consignment at the time it is received by the Carrier.
10. LOADING AND UNLOADING
(i) When collection or delivery does not take place at the Carrier’s own premises, the
Carrier shall not be under any obligation whatsoever to provide plant, power or
labour which, in addition to the Carrier’s own drivers, is required for loading or
unloading. Any such plant or labour shall be provided at the sole risk and cost of the
Trader who shall indemnify and keep the Carrier fully indemnified against all losses,
liabilities, costs, damages, expenses, claims or actions suffered or incurred by the
Carrier in respect of the provision or use of the same or any other matters relating
thereto.
(ii) Goods requiring special appliances for unloading are accepted for carriage only
on condition that the Trader has duly ascertained from the consignee that such
appliances are available at the specified place of delivery.
11. UNREASONABLE DETENTION
The Trader shall be liable to the Carrier for all costs, damages or expenses suffered
by the Carrier in respect of unreasonable, abnormal or unusual detention of the
Carrier’s vehicles, containers and other things which arise as a result of the nature,
state, or packaging of the consignment or any part thereof. In addition, time spent at
either the point of collection or point of delivery of the consignment in excess of one
quarter of an hour per tonne in gross weight of the consignment shall, at the discretion
of the Carrier, be subject to an additional charge calculated at the Carrier’s hourly
rate levied for the operation of the particular vehicle, container or other thing
involved.
12. ROUTE
Unless otherwise agreed in writing, the method and route of transit shall be at the
absolute and sole discretion of the Carrier.
13. TRANSIT
(i) Transit shall commence when the consignment is handed to the Carrier whether
at the point of collection or (as the case may be) at the Carrier’s premises .
(ii) Transit shall (unless otherwise previously terminated) end when the consignment
is tendered at the specified place of delivery within the customary delivery hours in
the district concerned or at such other times as may be agreed between the Carrier
and the Trader provided that:-
(a) if no safe and adequate access or no adequate unloading facilities there exist,
then transit shall be deemed to end at the expiry of one clear day after notice in
writing (or by telephone if so previously agreed in writing) of the arrival of the
consignment at the Carrier’s premises in the relevant district has been sent to the
consignee; and
(b) where for any other reason whatsoever 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 instructions and such instructions are not given or the consignment
is not called for 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 such fact
has been sent to the consignee.
14. UNDELIVERED OR UNCLAIMED ITEMS
After termination of transit, unless otherwise agreed in writing, the Carrier will hold
the consignment as warehousemen subject to its normal warehousing charges and
conditions prevailing at the time and subject always to the Carrier’s right of sale and
lien provided for in Condition 4 and Condition 19 hereof.
15. COMPUTATION OF TIME
Where any period of seven days or less provided by these conditions is computed,
there shall be ignored any Sunday or Bank, or Public or other statutory holiday.
16. LIABILITY OF CARRIER
(a) The Carrier will not knowingly accept any of the following for carriage and no
insurance cover will be provided for same and further no liability will attach to the
Carrier for same:-
Explosives, radio active materials, narcotics, firearms, paint, oil, dangerous goods,
cash, bank drafts, acids, and specifically excludes these goods in any form from its
operation.
(b) The Carrier shall be liable for loss or damage to goods occasioned during transit
to the extent as set out in these Terms and Conditions, specifically at condition 17
hereunder, unless and to the extent that the same has been caused by, is due to, or
has arisen from:-
(i) the carriage of explosives, radioactive materials, poisonous gases, oxidising
materials, narcotics, firearms, oil, paint, acid, dangerous goods and alcohol;
(ii) an act of God, force majeure or any other occurrences or cause beyond the
control of the Carrier, including war, civil commotion, invasion, hostilities, riots and
other occurrences;
(iii) seizure, damage, confiscation, requisition or destruction under legal process or
by or under the order of any governmental, local authority, or other public body;
(iv) any act or omission of the Trader or (if not the Trader) the owner or owners of
the goods comprised in a consignment (or part thereof), including their respective
servants or agents and anything done by the Carrier at the express request or
direction of them;
(v) any inherent liability to wastage of consigned goods, either in bulk, weight or
quality, any latent or inherent defects or natural deterioration of the goods;
(vi) insufficient or improper packaging, labelling or addressing;
(vii) industrial disputes, lock-outs and general or partial stoppages or restraints of
labour of whatsoever nature;
(viii) electrical, magnetic, injury, erasure, x-ray or other similar damage to electronic or
photographic images or recording in any form. Provided that under no circumstances
shall the Carrier be liable in any event for consequential loss, special damages or
other indirect loss, howsoever arising, whether or not the Carrier knew or ought to
have known that such losses or damages might be incurred including without limitation
loss of income, profits, interest or loss of market.
(ix) damage or breakage of china, glass or similar objects or parts consisting of such
material;
(x) inevitable loss due to the nature or type of goods consigned;
(xi) fraud.
There is no cover for consequential or indirect loss, howsoever, it arises.
17. LIMITATION OF LIABILITY
Subject to these Conditions of Trading the liability of the Carrier for any loss or
damage shall be limited to the following amounts:-
(i) where the loss or damage is in respect of the whole consignment, the amount
stated by notice in writing from the Carrier to the trader from time to time per kilo of
gross weight up to a maximum weight as stated by notice in writing from the Carrier
to the Trader from time to time.
(ii) where the loss or damage is in respect of part only of a consignment, to the
proportion of the sum ascertained in accordance with paragraph (i) hereof which the
actual value of that part of the consignment bears to the actual value of the whole of
the consignment.
(iii) Full Transit Liability Insurance Cover cannot be provided by the Carrier for
international consignments. The Trader should arrange its own Insurance Cover, if
required.
18. TIME LIMIT FOR CLAIMS
The Carrier shall not be liable for any loss, damage or other liability of whatsoever
nature unless:-
(a) the Trader notifies the Carrier in writing, quoting consignment number at its Head
Office of an impending claim within seven days after termination of transit (or in the
case of a claim for non-delivery within seven days of the anticipated delivery date);
and
(b) the Carrier receives a completed claim form from the Trader at its Head Office
within twenty one days after termination of transit (or in the case of a claim for
non-delivery within twenty one days of the anticipated delivery date).
Provided that no claim shall be entertained by the Carrier nor shall any
liability attach to it, unless all payments due to the Carrier from the
Trader in respect of the delivery of the consignment have been fully made.
19. GENERAL LIEN
The Carrier shall have a general lien against the Trader or the owner or owners of
any goods comprised in any consignment for any monies and other liabilities
whatsoever due from the Trader or such owner or owners to the Carrier. If any such
monies or liabilities are not paid or satisfied within a reasonable time, the Carrier
shall be at liberty in its absolute discretion to sell any or all such goods as agent for
the owner or owners thereof and to apply the proceeds towards payment or satisfaction
of all such monies or liabilities and all the expenses of any such sale and the Carrier
shall, upon accounting to the Trader for the balance remaining (if any) of such
proceeds after such application, be discharged from all liability whatsoever in
respect of the consignment. Failure to deliver within the specified time period due to
exercise of the Carrier’s lien shall not entitle the Trader or such owner or owners to
withhold payment of any of the Carrier’s charges.
20. SEVERANCE
If at any time any one or more of the provisions of these conditions shall become or
be declared invalid, illegal or unenforceable in any respect under any law, the validity
and enforceability of the remaining provisions hereof shall not in any way be affected
or impaired thereby.
21. HEADINGS
The headings of these terms and conditions are for convenience only and shall have
no effect on the interpretation thereof.
22. GOVERNING LAW
These conditions and each and every contract made pursuant thereto shall be
governed by and construed in accordance with Laws of Ireland and the trader hereby
submits to the non-exclusive jurisdiction of the Irish Courts.
INTERLINK IRELAND LIMITED
Terms & Conditions of Carriage – International (ROI).