1.1 In these Conditions: Authorised Person means:
Carrier means the Zendfast Licensed Courier who contracts with the Consignor to perform the Services; Claim Form means the pro forma Zendfast claims form required by the Consignor for purposes of condition 8.1(b) and which is available to download from the Website;
Consignee means the person to whom the Carrier has contracted to deliver the Consignment; Consignee Information means the following information that must be provided by the Consignor to the Carrier for purposes of the performance of the Contract:
Consignment means the item(s), parcel(s) or goods in respect of which the Consignor requires the Services;
Consignor means the person who contracts with the Carrier for the performance of Services; Contract means the contract for Services between the Carrier and the Consignor;
Convention Rules means:
as amended from time to time by any protocol, regulation or statute together with any other statute, rule, regulation, code or convention relating to international carriage by air, road or sea for the time being in force;
Dangerous Goods means any volatile spirits, explosive materials or other items which are or may become dangerous or inflammable and any goods that are defined as dangerous goods under:
as each of the above may be amended from time to time by any protocol, regulation or statute together with any other statute, rule, regulation, code or convention relating to international carriage by road for the time being in force;
Delay means failure by the Carrier to deliver a Consignment or any part thereof within five (5) days of the agreed delivery date; Delivery Address means the Consignment delivery address provided by the Consignor to the Carrier;
Zendfast Licensed Courier means a person who has been licensed to operate as a Zendfast Licensed Courier;
Owner’s Risk means that the Carrier shall not be liable for any loss of whatsoever nature and howsoever caused including negligence in relation to the performance of the Services or as a consequence of the Consignment being in the possession of the Carrier
Zendfast Depot means an authorised Outlet to or from which a Consignment may be delivered or collected by a Carrier or a Consignor or a Consignee;
Payment On Delivery means that delivery of a Consignment is contingent on the payment by way of cheque, bank draft or postal order (but not by any other means) by the Consignee of a sum agreed in advance with the Consignor in respect of such Consignment (the "Payment") and which sum the Carrier is authorised to receive on behalf of the Consignor;
Proof of Delivery means that the Carrier must obtain a signed delivery run sheet or electronic signature from an Authorised Person and "Proof" shall be construed accordingly;
Customer Code means the digital code that is:
(a) Electronically provided by way of text or email by the Carrier to the Consignee;
(b) Unique to the Consignee;
(c) Required by the Consignee to collect a Consignment;
Reverse Pickup means that a Consignment is collected by a Carrier from an address other than the Consignor’s address and is delivered to the Consignor or to some other address provided by the Consignor;
Services means the carriage and delivery services provided by the Carrier;
Website means: www.zendfast.com
1.2 Words denoting
1.3 The expressions Carrier, Consignor and Consignee shall include those parties’ principals, agents, servants and employees.
2.1 These Conditions form part of the Contract which together constitute the whole agreement between the Consignor and the Carrier.
2.2 The Consignor and the Carrier each acknowledge that, in entering into a Contract, neither the Consignor nor the Carrier relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Conditions.
The Carrier is not a common carrier and accepts no liability as such and may at his own discretion:
(a) Refuse carriage of any item;
(b) Refuse to provide any of the Services (notwithstanding that provision of Services may have commenced);
(c) Open any document, envelope, package or other container in which goods are placed or packaged in order to inspect the Consignment to determine the nature or condition of the goods or to ascertain the ownership or destination of the Consignment where any consignment note or identifying document or mark is lost, damaged or destroyed.
4.1 The Consignor warrants that:
4.1.1 The Consignee Information is correct;
4.1.2 He is authorised by the Consignee to provide the Consignee Information;
4.1.3 He contracts as
4.1.4 The goods are packed in a manner adequate to withstand the ordinary risks associated with the Services having regard to the nature of the goods;
4.1.5 The Consignment will be available for collection by the Carrier on the date and at the time specified by the Consignor;
4.1.6 That he has complied with all laws and regulations relating to the packaging and labelling of the goods and that the markings and brandings of the goods and the descriptions, value and other particulars furnished to the Carrier are accurate in all material respects;
4.1.7 Any person who is not the Consignor and who delivers a Consignment to the Carrier is acting as his servant or agent and is duly authorised to sign any consignment note and to accept these Conditions on behalf of theConsignor;
4.1.8 He has not tendered for carriage or storage any Dangerous Goods other than in accordance with clause 13.1;
4.1.9 He has not tendered for carriage or storage any fragile goods other than in accordance with clause 13.2.
4.2 In the event of a breach by the Consignor of any warranty under condition 4.1, The Carrier may at his discretion and without prejudice to any other right or remedy he may have for breach of warranty or contract or otherwise under these Conditions:
(a) Cancel the Contract (and for the avoidance of doubt, the Consignor will not be entitled to a refund); or
(b) Accept the goods or Consignment for carriage at Owner’s Risk.
The Consignor hereby acknowledges and consents that:
5.1 The Carrier’s responsibility for the Consignment shall commence when:
(a) The Carrier takes physical control of the Consignment from the Consignor; or
(b) The Carrier takes physical control of the Consignment from the Consignee (in the event that the Consignor provides a return service and the Consignment is being returned by the Consignee);
(c) The Consignment is left by the Consignor at the premises of the Carrier or at a Zendfast Depot.
5.2 The Carrier’s responsibility for the Consignment shall, subject to the following provisions of this condition 5, end when:
5.3 If the Delivery Address is unattended and the Contract is made subject to Proof of Delivery the Carrier may leave the Consignment with a neighbour of the Consignee subject that the Carrier shall obtain Proof of Delivery and the Carriers responsibility for the Consignment shall thereby end. If the neighbouring address is unattended, the Carrier shall leave a calling card at the Delivery Address and do either of the things specified under clauses 5.4 (c) or 5.4(d).
5.4 If the Delivery Address is unattended and the Contract is not subject to Proof of Delivery the Carrier may at his discretion do any of the following:
5.5 If it has been agreed that the Consignee will collect the Consignment from the Carrier’s premises, the Carrier may release the Consignment to any person who presents himself to the Carrier as the Consignee or his agent or servant and the Carrier shall be deemed to have delivered the Consignment in accordance with these Conditions if the Carrier obtains from that person Proof of Delivery.
5.6 If the Carrier is prevented from making delivery at the Nominated Delivery Address as a consequence of the absence of a safe and/or adequate access (in the reasonable opinion of the Carrier), the terms of conditions 5.4 (b) or 5.4 (c) (subject that the Carrier shall obtain Proof of Delivery where the Contract is made subject to same) or condition 5.4 (d) shall apply.
5.7 At any time during the term of the Contract the Consignor may request or the Carrier may recommend variations to the Service and/or variations to any other matters covered by the Contract. The Carrier shall investigate the likely impact of any such requested or recommended variations upon the Service, the charge for the Service and other aspects of the Contract and shall report promptly to the Consignor. The Carrier shall not be obliged to agree to any requested or recommended variation and the manner of the provision of the Services shall be at the Carrier’ sole discretion.
5.8 Delivery times are given by the Carrier in good faith but are an estimate only and time of delivery of the Consignment is not of the essence of the Contract.
5.9 The Carrier shall not deliver any Consignment subject to Payment on Delivery unless such Payment has been received by the Carrier. The Carrier shall not be obliged to inspect or verify the Payment and shall not be liable to the Consignor or any other person for any direct, indirect or consequential loss arising or damages suffered in connection therewith. The Payment is not covered by the Carrier’s policy of insurance and shall be held by the Carrier at Owners’ Risk. For the avoidance of doubt, the Payment must be available for collection by the Carrier at the time of delivery failing which the Carrier shall not be obliged to deliver the Consignment.
5.10 The Carrier’s liability is limited in accordance with condition 7.
5.11 The Carrier shall not be obliged to perform any Contract in respect of which the Consignee Information or any part thereof is incorrect.
6.1 Subject to condition
6.2 the Carrier shall be liable (whether such liability arises in contract, tort (including negligence), breach of statutory duty or otherwise) for:
6.3 Subject to condition
6.4, the Carrier shall not be liable for losses that result from any failure to comply with these Conditions that fall into the following categories:
6.4 Nothing in these Conditions shall exclude or limit the Carrier’s liability for:
7.1 The liability of the Carrier is limited in accordance with this condition 7.
7.2 The Carrier shall have no liability whatsoever to any person in respect of any Consignment which is not contracted on a Proof of Delivery basis.
7.3 The liability of the Carrier in respect of the matters specified under condition 6.1 shall subject to condition
7.4 be limited to a maximum amount of one hundred euros (€100) for any one consignment delivered to anywhere on the island of Ireland. 7.4 The liability of the Carrier in respect of the matters specified under condition 6.1 shall subject to condition 7.4 be limited to a maximum amount of fifty pounds (£50) for any one consignment delivered to anywhere in the United Kingdom including Northern Ireland.
7.5 The liability of the Carrier in respect of any Consignment damaged or lost while stored at a Zendfast Depot shall be limited to €127 per tonne to a max of €100,000.
7.6 As the liability of the Carrier is limited in accordance with these Conditions the Consignor is advised to seek his own additional insurance cover. No insurance will be affected by the Carrier for the benefit of the Consignor other than in accordance with this condition 7.
8.1 The Carrier shall not be liable for damage to any goods or of part or the whole of the Consignment unless:
8.2 Subject to clause 6.1(b), the Carrier shall not be liable for Delay in delivery of whole or part of the Consignment.
8.3 The Carrier shall not be liable for the loss of a Consignment or any part thereof unless the Consignor has submitted a fully completed Claims Form (which is acknowledged in writing as received by the Carrier) in respect of such loss within 40 days of the date by which the delivery should have been made or if no date for delivery has been agreed within 40 days of the date that the Carrier’s responsibility for the consignment commenced.
8.4 In the event that the Carrier is liable in accordance with condition 6.1 and pays an amount in respect thereof in accordance with conditions 7.3 or 7.4 that is at least equal in value to the replacement cost of the Consignment then the Carrier shall be entitled to retain the Consignment.
9.1 The Carrier will not be liable or responsible for any failure to perform, or Delay in performance of, any of his obligations under a Contract that is caused by events outside the Carrier’s reasonable control (Force Majeure Event).
9.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
9.3 Performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and the Carrier will have an extension of time for performance for the duration of that period. If the Carrier determines that the Force Majeure Event may continue indefinitely, the Carrier reserves the right to cancel a Contract and the Carrier will inform the Consignor as soon as practicable in that event.
10.1 The Carrier may sub-contract part or the whole of any Contract or any of his rights or obligations arising under it.
10.2 Where a Contract or any part thereof is sub-contracted then:
11.1 The Carrier’s charges for carriage and any other services incidental to the carriage chargeable under the Contract shall save with the prior written agreement of the Carrier be payable by the Consignor in advance and no Contract shall be deemed to have been formed until the Carrier’s charges have been paid in full.
11.2 The Consignor shall not be entitled to set off any payment due by the Consignor to the Carrier under the Contract against any claim made by the Consignor.
12.1 All Consignments are subject to a lien for all charges due to the Carrier from the Consignor under the Contract or otherwise for the Services and/or the storage of the goods and other proper charges or expenses incurred in respect of or in connection with the Services. If such a lien is not satisfied by payment within a reasonable time of the Carrier’s demand for payment then the Carrier shall be entitled to sell the goods provided that such sale is permitted by law and to thereafter pay to the Consignor the net proceeds of sale after deductions of all charges payable to the Carrier under the Contract or otherwise for the Services together with all properly incurred expenses in relation to the sale of the goods and the Consignor shall (without prejudice to any claim or right which the Consignor may have against the Carrier otherwise arising under these Conditions) discharge the Carrier from all liability in respect of such goods, their carriage and storage.
12.2 The goods may not be sold unless the Carrier shall have made reasonable efforts (having regard, if appropriate, to the perishable nature of the goods) to notify the Consignor of the Carrier’s intention to sell the goods. The goods may then be sold unless within reasonable time (such time to be specified in the notice) the Consignor shall have arranged to collect the goods or given instructions for their disposal and have paid, without prejudice, all outstanding charges as referred to in this Condition including any storage charges which may have been incurred during the time that the goods have been retained.
12.3 Pending the expiry of such periods of notice as aforesaid and of disposal of the goods under these provisions the Carrier shall at the expense of the Consignor have authority to arrange proper storage of the Consignment. During such period of storage the goods will be held at Owner’s Risk and the carrier shall not be liable for loss or damage of the goods howsoever caused.
12.4 In the event of a sale under this condition the Carrier shall do what is reasonable to obtain the market value of the goods (subject to any unavoidable deterioration thereof). If the goods have no market value, then the Carrier may dispose of them subject to compliance with all legal requirements in force in respect of such goods.
12.5 In circumstances in which the Carrier is unable to obtain further written instructions, the Carrier may, in respect of Dangerous Goods only, at his sole discretion dispose of the goods or return them to the Consignor. Where such action is taken by the Carrier, it shall comply with all prevailing legal requirements that may be in force in respect of the goods. Any such action taken by the Carrier under this condition shall be at the sole risk and expense of the Consignor.
12.7 If the Consignment or any part thereof is not the property of the Consignor the Consignor warrants that he has the authority to grant to the Carrier a particular lien against the owner. The Carrier may hold the goods against the owner for any unpaid monies applicable to those goods only, but he may not sell or dispose of the goods in any way without the express consent of the owner.
13.1 Subject to clause 13.2, the Consignor shall not tender for carriage or storage any Dangerous Goods.
13.2 The Consignor may tender and the Carrier may accept for carriage (subject that the Carrier shall not be obliged to do so) Dangerous Goods Packed in Limited Quantities in accordance with clause 3.4 of the ADR.
13.3 If, in the opinion of the Carrier, any items, parcels or goods forming part of a Consignment are or are liable to become Dangerous Goods (other than any items tendered and accepted by the Carrier in accordance with clause 13.2) such items, parcels or goods may at any time be destroyed, disposed of, abandoned or rendered harmless by the Carrier without compensation to, but at the cost in all things of the Consignor and without prejudice to the Carrier’s right to its charges under these Conditions.
13.4 The Consignor shall indemnify and keep indemnified the Carrier against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the Carrier arising out of or in connection with any breach of this clause 13.
13.5 The Consignor shall not tender for carriage or storage any fragile goods without presenting a full written description disclosing the nature of the goods.
13.6 The Carrier does not accept for carriage: livestock; cash; freight exceeding a cubic weight of 100kg; freight in excess of 30kg in dead weight; freight in excess of 3 metres in length for delivery anywhere on the island of Ireland; or freight in excess of 1.5 metres in length for delivery to England, Scotland or Wales.
13.7 The Carrier may at his discretion accept the following items for carriage STRICTLY ON CONDITION THAT any such items ARE NOT COVERED by the Carrier’s policy of insurance and are deemed to be at Owner’s Risk. items containing glass, ceramics, pottery; second hand car parts; perishables; jewellery or other such valuables; freight in excess of 2.1 metres in length (but not exceeding 3 metres in length) for delivery anywhere on the island of Ireland
13.8 The Consignor is responsible for the packaging and labelling of any items, parcels or good accepted by the Carrier for carriage in accordance with these Conditions. Any goods tendered for carriage by the Consignor that are deemed by the Carrier to be insufficiently packaged or labelled and which are accepted for carriage by the Carrier shall be deemed to be at Owner’s Risk.
13.9 Freight exceeding a cubic weight of 30kg (but not exceeding a cubic weight of 100kg) will be charged on a per 30kg cubed or part thereof basis (at the rate of one Zendfast label per 30kg cubed or part thereof) and delivery may take up to three (3) days (of the estimated delivery date).
13.10 Freight to a Zendfast Depot Freight that is deliverable to a Zendfast Depot must not exceed: a cubic weight of 20kg; a dead weight of 20kg; box measurements of 40cm x 40cm x 60cm; a height of 1.5 metres.
14.1 The Consignor shall indemnify the Carrier against:
14.2 The Consignor shall not indemnify the Carrier in respect of losses occasioned to the Carrier that result from any failure to comply with these Conditions that fall into the following categories:
The Consignor shall be solely responsible for the conformity of any containers, packaging or pallets with any requirements of the Consignee and for any expense incurred by the Carrier arising from any failure to so conform.
The Consignor agrees that the Carrier may retain allowances, brokerages and commissions paid by shipping and forwarding agents, insurance brokers, airlines and any other person in relation to the provision of the Services.
17.1 The Consignor authorises the Carrier to act as the Consignor’s agent for purposes of export control and to complete all documents as may be necessary or desirable in connection with the provision of the Services subject that the Carrier shall not be liable for failure to act as the Consignor’s agent in this regard.
17.2 The Carrier may (but without obligation to do so) advance any duties, taxes, imports, outlays or charges at any port or place in respect of the Consignment and the Consignor shall pay an amount equal to the amount paid by the Carrier in this regard.
All rights, powers, authorities, immunities of liability in these Conditions shall continue to have their full force and effect in all circumstances and notwithstanding any breach of these Conditions or negligence by the Carrier or any person entitled to the benefit of these Conditions or any of their respective agents, servants or officers.
If any of these Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
The Carrier shall be entitled to collect, store and process personal data within the meaning of the Data Protection Acts 1988 to 2003 provided by the Consignor to the Carrier in connection with the Contract and the Consignor consents that such data may be disclosed by the Carrier to:
21.1 If the Carrier fails at any time during the term of a Contract, to insist upon strict performance of any of the Consignor’s obligations under the Contract, or if the Carrier fails to exercise any of the rights or remedies to which he is entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve the Consignor from compliance with such obligations.
21.2 A waiver by the Carrier of any default will not constitute a waiver of any subsequent default.
21.3 No waiver by the Carrier of any of these Conditions of Carriage will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
The Carrier reserves the right to revise and amend these Conditions of Carriage from time to time to reflect changes in market conditions affecting the Carrier’s business, changes in technology, changes in relevant laws or regulatory requirements.
The Consignor acknowledges that the Carrier is independent of other third parties who are Zendfast Licensed Couriers.
24.1 Any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims) will be governed by Irish law and subject to the exclusive jurisdiction of the courts of the Republic of Ireland.
24.2 The Consignor is responsible for compliance with all applicable laws and regulations of the country for which a Consignment is destined. The Carrier will not be liable for any breach by the Consignor of any such laws.