Terms and conditions

1. In these terms, the words or phrases below will have the following meanings:
2. Consignment – any item or items we carry for you from one address to another, including any packaging.
3. Dangerous Goods – means dangerous substances as defined in the Road Traffic (Carriage of Dangerous Substances in Packages) Regulations 1992 (and any amendment or replacement thereof), explosives, radioactive substances and any other substance presenting a similar hazard, or anything you may ask us to deliver that could put the health and safety of other people at risk. This includes (but is not restricted to) explosives, radioactive material, and items requiring specialist treatment or handling during transportation.
4. Proof of delivery – a signature, name, or company stamp obtained from the consignee acknowledging that the consignment has been received. f) The Consignee – means the person, company, or representative of the company to whom we deliver the consignment on your behalf.
5. We are not a common carrier, and reserve the right at our absolute discretion to:
6. Subcontract any part, or parts, of a delivery by employing the services of any other person, firm, or company who shall also have the power to subcontract.
7. Refuse to accept any consignment or part thereof for delivery.
8. Refuse to accept dangerous goods for delivery.
9. When you ask us to make a delivery on your behalf, you will be deemed to have accepted these terms.
10. The Carrier shall not, in any circumstances, be liable in respect of a Consignment where there has been fraud on the part of you or the owner of the Consignment in respect of that Consignment, unless the fraud has been contributed to by the complicity of the Carrier, or of any servant of the Carrier, acting in the course of his employment.
11. English law governs this agreement between you and us, and any dispute
12. We can use any method, or route, to deliver your consignment, including using subcontractors or agents. Your rights will not be affected where subcontractors are used by us.
13. We will use our reasonable endeavors to deliver your consignment within the time you request, but unless we expressly agree in writing before accepting your consignment for delivery, we will not be liable for any loss or expenses you may suffer if the consignment is not delivered on time.
14. We will take all reasonable steps to obtain a proof of delivery at the time of delivery, and that proof of delivery will be conclusive evidence that the consignment was delivered complete and in good order unless the consignee marks otherwise at the time of delivery. We will not be liable for any loss or misdelivery where delivery has been made in good faith to a person claiming to be the consignee or an employee, subcontractor, or agent of the consignee.
15. If you require proof of delivery after delivery has been made, then we will endeavor to provide this to you, providing your request is made within 14 days from the date of dispatch. Requests made later than this will be dealt with at our absolute discretion. Settlement of our charges will not be conditional upon you receiving proofs of delivery, and you cannot delay or withhold payment pending receipt of proofs of delivery, irrespective of when any request was made to us.
16. We will retain original hard copy proofs of delivery obtained by us for a minimum period of 6 months from the date of collection. After that, we may destroy these items without any reference or obligation to you.
17. We will make one attempt to deliver your consignment, but if we cannot do so, we will have the option to either make a second attempt, deliver to an alternative address provided by you, or return the consignment to you. Either of these alternatives will be at your cost, but we will attempt to contact you first to agree on the best option. If we still cannot deliver your consignment, we will contact you for further instructions.
18. If the consignment still cannot be delivered, we will give you 10 days’ notice that we intend to sell or dispose of the consignment. Any proceeds of the sale (net of expenses) or costs of disposal will be applied to your account with us.
19. We may keep hold of your consignments until you have paid any amounts you owe us, even though these amounts may not relate to the items held. We may then sell the items held, but only after we have given you 14 days’ notice in writing. Any proceeds (net of expenses) will be applied to your account with us.
20. here we are required to sign to acknowledge the collection of your consignment, then that signature will not be regarded as evidence of the condition of the goods. If we are kept waiting, or loading, longer than 10 minutes over the course of a delivery, we may charge you an additional amount, this being our standard hourly rate in force at the time of the vehicle in question.
21. We will not be liable for any indirect or economic loss or damage suffered by you or any third party. Our liability is strictly limited if the goods are sold, the invoice price to the customer, if not sold then the cost price to the claimant, subject to limits and conditions given below.
22. We will not be liable for any loss or damage to the consignment, or any delay or misdelivery if the cause was any of the following: a) War, terrorism, riot, strike, lockout or any similar action, natural disasters (e.g. floods), poor or extreme weather conditions. b) The consignment being seized or detained by any public authority. c) Incorrect or insufficient address given on the consignment note or manifest. This includes any omission or ambiguity of information provided by you. d) Incorrect or insufficient packaging of the consignment. Natural wastage of a perishable or fragile consignment traffic congestion or delay. e) Any other event reasonable beyond our control.
23. If the loss or damage is our fault, then our liability to you is limited as follows: a) Up to £500 maximum liability per Sameday delivery only if the Page | 2 Version Control: 05.2020 value of the goods is declared at the time of booking, otherwise it is limited to £100 per Same day delivery. b) For UK Overnight a maximum of £100 in respect of a ‘Parcel Consignment’ and £50 for ‘Mail Pack, Courier Pack, and Lightweight Consignment’ as specified by the APC (who act as our Overnight Partner) Terms & Conditions whereby claims will be paid on the lesser of the cost/repair of the goods up to the value of £100.
24. We shall only be liable for loss or damage occurring within the geographical limits of Great Britain. For journeys outside these limits, liability shall be restricted to the amount of cover provided by the international agent, or carrier chosen, at the Carrier’s absolute discretion.
25. We will not be liable for any loss or damage to any consignment that cannot be carried within lockable equipment normally provided on the vehicle you order from us. For example, if you order a motorcycle to make a delivery and your consignment is too big to fit in its carrying equipment, we may be able to carry it (providing it is safe to do so), but will not be liable for any loss or damage to that consignment.
26. There are certain items we cannot accept liability for on any of our services. These include cash, notes, money orders, vouchers, credit cards, stamps, deeds, passports, tickets, travelers’ cheques, jewelry, precious stones, watches, precious metals, works of art, antiques, china, glass, living creatures, and any other similar valuable articles. In addition, we shall not carry passengers in any circumstances.
27. We shall not have any liability for damage to the whole, or any part, of the consignment, or physical loss, mis-delivery, or non-delivery of part of the consignment unless we are advised of such loss, damage, mis-delivery, or non-delivery in writing by the customer within 7 days and proof of such claim is provided by the customer in writing within 14 days after the end of transit. We will be entitled to ask you for written evidence to establish the value of the loss or damage (for example, a copy invoice from the supplier). We may also ask you to obtain an estimate for repair if appropriate. Any claim advised, but which is not pursued within 9 months from the date of claim shall be considered time-barred.
28. You must still continue to pay our invoices in full as they become due, even though you may have submitted a claim to us.
29. From time to time, we may incur additional expenses in the course of delivering your consignments. These may be tolls, parking charges, waste disposal charges, or similar items. If we incur any such expenses, we will invoice them to you with normal delivery charges, and you will pay them within our credit terms.
30. Any quotation or estimate of charges given to you will be valid for 30 days unless the quotation states otherwise. If you accept our quotation, delivery must take place within 30 days of the quotation date, otherwise, revised charges may apply. We will only be bound by written quotations accepted by you, and your acceptance will be deemed to have been given when you ask us to make the delivery quoted for. Verbal quotations or estimates are expressed as a guide only, and will not be binding on us.
31. We may change our charges or these terms from time to time, but if we do, we will give you advance notice.
32. We may, at our absolute discretion, withdraw credit facilities at any time. If we do, then all invoices will become immediately payable, irrespective of any credit terms or payment dates previously agreed between you and us. If you do not pay us within 30 days of the invoice date, we will be entitled to charge you interest at the rate of 8% above the Official Dealing Rate of the Bank of England calculated on a daily basis on all amounts overdue by you. If we are required to take legal action to recover payment from you, our claim will include interest and all associated costs of such action.
33. Unless stated otherwise, all charges quoted are exclusive of Value Added Tax.
34. We may check to weigh some of your consignments or establish the weight if you have not provided it to us. We will amend our charges to you in line with the actual weight determined by us, and our calculation of the weight cannot be altered afterward. If a consignment normally charged by weight exceeds 5 cubic meters in measurement per 1,000kg (or a rateable part thereof), we may charge you on a volumetric basis, calculated at a rate of 5 cubic meters per 1,000kgs or part thereof.

TRANSIT

29. Transit commences when the Carrier takes possession of the Consignment, whether at the Carrier’s premises or at some other point of collection.
30. Subject to clause 6.3, Transit by the Carrier shall (unless otherwise agreed) end when the Consignment is tendered at the Consignee’s address provided at the time of booking by the Customer.
31. Where a Consignment cannot be delivered (for whatever reason) or is held by the Carrier to await order or further instructions and such instructions are not given or the Consignment is not collected within 24 hours of notice being given to the Customer or such other time as the Carrier may nominate, then transit shall be deemed to end at the expiry of such time.
32. The Carrier shall be entitled to recover its charges in full for any delivery, which is unsuccessful due to incorrect or inadequate information provided by the Customer, and in addition recover any expenses or losses it suffered or incurred in attempting to effect delivery.
33. The Customer understands and accepts that the Carrier shall be entitled to open and examine any Consignment that the Carrier reasonably considers to be a security or health and safety risk and to take, at its sole discretion, such appropriate action thereafter.

UNDELIVERED OR UNCLAIMED GOODS

34. Where the Carrier is unable to effect delivery as requested by the Customer when making a booking, or where transit has come to an end, the Carrier shall use its reasonable endeavors to notify the Customer and the Consignee of any undelivered or unclaimed Consignment. Unless the Consignment is collected from the Carrier by the Customer or instructions are given for the disposal, onward carriage, or return to the Customer of the Consignment, within 7 days of such notice being given (or such other time as the Carrier may nominate), title to the Consignment shall transfer to the Carrier and the Carrier may destroy or sell the Consignment as if it were the absolute owner. Where a Consignment is returned to the Customer by the Carrier or a Customer arranges for the onward carriage and delivery of the Consignment by the Carrier (excluding any return to the Customer), that return or onward carriage (as the case may be) shall be at the Customer’s sole cost and expense and shall be charged to the Customer (and the Customer shall pay) at the Carrier’s standard rates from time to time in force.
35. Where the Carrier sells the Consignment to a third party pursuant to clause 7.1, the Carrier shall use its reasonable endeavors to obtain a reasonable price for the Consignment and shall apply the proceeds of sale to the payment of all its proper expenses and charges suffered or incurred in relation to the carriage, storage, and sale or disposal of the Consignment. Any proceeds left over shall be paid to the Customer upon which the Carrier shall be discharged from all liability in respect of the Consignment. Where the proceeds of sale do not meet or exceed the total value of the Carrier’s expenses and charges, the Carrier shall charge the Customer (and the Customer shall pay) a sum equal to the shortfall.

COURIER SERVICE CANCELLATION

36. You may cancel a Courier Services Booking without charge if a Courier Services Driver has not been allocated to the Courier Services Booking at the time of cancellation.
37. Subject to section 7 below, you acknowledge that if you change the Collection Address after the Courier Service Vehicle has been allocated to the Courier Services Booking such Booking will be canceled. You will therefore be liable for a Cancellation Fee resulting therefrom. A new Courier Services Booking will be made for the new Collection Address.
38. Where the Goods are not ready for consignment at the Collection Address at the scheduled time of collection you shall pay 100% of the Booking.
39. Once a Courier Services Vehicle has been allocated, subject to the location of the Collection Address, the proximity of the Courier Services Vehicle to the Collection Address, and available Courier Services Vehicle at the time of the cancellation request, the cancellation fee shall be up to a maximum total of 100% of the quoted booking charge excluding any additional charges such as Waiting Time Fee and Parking Fee.

PROHIBITED USE OF THE BOOKING CHANNELS

40. You must not use our Booking Channels to do any of the following (each of which is strictly prohibited):
41. Restrict or inhibit any other user from using and enjoying the Booking Channels;
42. Infringe the privacy rights, property rights, or other civil rights of any person;
43. Harvest, data-mine, or otherwise collect information about others, including email addresses, without their consent;
44. Use technology or other means to access our computer network, unauthorized content or non-public spaces;
45. To use automated systems or software to extract data from our Site, our App, or any platform that we operate;
46. Introduce or attempt to introduce any viruses or any other harmful code, files, or programs that interrupt or otherwise limit the Booking Channel’s functionality, or damage, disable or otherwise impair our servers or networks or attempt to do the same; or
47. Engage in or encourage others to engage in criminal or unlawful conduct or breach these Terms including misuse of the Booking Channels for unlawful or unauthorized purposes.

FURTHER EXCLUSIONS ON CARRIER’S LIABILITY

48. 8 The Carrier shall not be held responsible for any event beyond the reasonable control of the Carrier, which prevents it from performing its obligations under the relevant contract including, but not limited to:
    4. acts, omissions, or misrepresentations by the Customer, owner of the Consignment, Consignee, or independent contractor or any failure of the foregoing to package and/or label the Consignment correctly pursuant to clause 4.1. The Customer acknowledges and agrees that in such circumstances the Carrier shall not be liable for any loss of or damage to the Consignment that arises out of or in connection with a failure to package and/or label it correctly;
    5. natural deterioration or fragility of the Consignment (notwithstanding that it may be marked “Fragile”); and/or
    6. any unforeseen circumstances or causes beyond the Carrier’s reasonable control, including but not limited to, the act of God, war, riot, malicious damage, compliance with any law or government emergency procedure, accident, fire, flood, storm, or industrial dispute, insufficient or improper packing, labeling or addressing, unless it is previously agreed in writing that the Carrier shall perform such task; or
    7. marine risk.
49. The Customer shall provide to the Carrier written proof of the value of the Consignment damaged or lost and the Carrier shall be entitled to inspect the damaged Consignment.

SEVERANCE

50. If any provision of these Conditions is held by any court or competent authority to be invalid or unenforceable in whole or in part, the validity of the remainder of these Conditions and of such provision shall continue in full force and effect.
51. You agree not to breach these Terms in any way which may result in, amongst other things, termination or suspension of your access to the Booking Channels. You agree to indemnify and defend P&R Distribution and each Group Member and each of their respective directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages, and/or costs (including, but not limited to, legal fees) arising from your use (or misuse) of the Booking Channels or any platform we may operate, or your breach of these Terms.
52. We may modify these Terms or terminate use of the Services, and/or the Booking Channels at any time by publishing such change on our website, prdistribution.co.uk, or any other Booking Channel that we make available at our sole discretion. If you do not agree to any changes, you must stop using the Services and the Booking Channels. We reserve the right to change, suspend, terminate, discontinue and/or cease the operation of all or part of the Services and/or one or more (or all) of the Booking Channels (including for the avoidance of doubt any aspect of the Services and/or the Booking Channels) from time to time at our sole discretion.