Terms and Conditions
My Sameday Delivery aims to ensure a quality, stress free and reliable Man & Van and Courier Services.
In these Terms and Conditions where the following terms are used, they shall have the following meanings:
(a)"we, our, us, My Sameday Delivery "refers to "Mysameday Group Ltd".
(b)"Booking" means a Customer's request for Services howsoever communicated to us as evidenced by our records.
(c)"Consignment/Goods" means any item(s) of any sort which are, may be, or are intended to be, received by us from any one sender at an address for us to carry and deliver to any recipient at any other address.
(d)"The Collection Point/Address" means the address at which a Consignment is received or collected by us.
(e)"Service" means the service and carriage of a Consignment by us in accordance with the particulars set out in the Service Order.
ACCEPTANCE OF TERMS
Aggressive or Abusive Behaviour
Our staff and drivers are vital to the successful running of My Sameday Delivery. We will not tolerate abusive and aggressive language/behaviour towards them at any time.
Aggressive or abusive behaviour includes language (whether verbal or written) that may cause staff to feel afraid, threatened or abused and may include threats, personal verbal abuse, derogatory remarks and rudeness.
We also consider inflammatory statements, remarks of a racial or discriminatory nature and unsubstantiated allegations, to be abusive behaviour
Every effort is made to ensure that we deliver everything we promise however; we cannot guarantee that this will always be possible. External factors beyond our control may affect the successful collection and deliveries of goods and services at promised times - If at any time we are prevented or delayed from starting, carrying out or completing any of the Services because of Acts of God, a strike, lock out, labour dispute, weather conditions, traffic congestion, mechanical breakdown or obstruction of any public or private road or highway or any other cause beyond our control, you shall have no claim for damages against us for any loss that you may suffer as a result PROVIDED that, where the delay is caused by the mechanical breakdown of one of our vehicles, we shall use our best endeavours to provide a replacement vehicle with the minimum delay practicable. Under no circumstances will we be responsible for the loss of income/revenue, business, contacts and goodwill for any of the services we provide.
We cannot accept responsibility for any incidents, accidents or damages to belongings, or any instances of lost property which occur after the job has been completed and payment has been settled. We also do not accept any responsibility for damaged items as a result of poor or incorrect packing.
Damage to Property
If we by any chance cause damage as a result of moving goods under your express instruction, against our advice, and where to move the goods in the manner instructed is likely to cause damage, we shall not be liable.
If we are responsible for causing damage to your premises or to property you must note this on the worksheet or delivery receipt as soon as practically possible or within a reasonable time. This is fundamental to the Agreement.
Although every care is taken when we handle your goods things can go wrong.
Our GOODS IN TRANSIT insurance covers your items up to the value of: £10000 limit Per Van. PUBLIC LIABILITY: £5000000 per van.
A Copy of our Goods In Transit and Public Liability Insurance is available on request. Drivers do not usually travel around with these so do please request them BEFORE drivers arrive to provide their services.
Loading and Unloading
It is the responsibility of the person who books our service(s) to ensure that the location of delivery and collection complies with all government recommended Health and Safety at Work requirements.
If heavy items are to be transported, lifts or lifting aids must be available. We shall not be under any obligation to provide any equipment with an exception of a trolley.Any Consignment (or part of a Consignment) requiring any special equipment for loading and unloading shall be accepted by us for transportation only on the understanding and condition that such special equipment will be made available at the Collection Point and the Delivery Point as required. Where such equipment is not available and if we agree to load or unload the Consignment (or part of the Consignment) we shall be under no liability or obligation of any kind to you for any damage caused (however it may be caused) during the loading or unloading of the Consignment. This includes any damage caused whether or not by our negligence and you shall agree to indemnify and hold us harmless against any claim or demand from any person arising out of our agreeing to load or unload the Consignment in these circumstances.
Drivers reserve the right to refuse heavy lifting if they believe it may affect their health.
Venues with stairs and access restrictions must be reported to us when booking so that we can make available provisions when sending drivers out.
When providing a store/retail pick-up service, stores must be made aware. Orders will be deemed to have been placed when an email confirmation or a delivery/collection note or a receipt has been received. Customers will be charged the full service amount if goods/services are not released to us due to lack of evidence of purchase.
The prices and delivery time stated in any quotation are not binding on the Company. They are commercial estimates only which the Company will make reasonable efforts to achieve.
We reserve the right to amend a quoted price if the task or circumstances lead to an increase in time, mileage or extra cost. For example, if we arrange a collection and the goods are not ready and driver has to wait.
All rates quoted are exclusive of Value Added Tax and, therefore, are subject to 20% VAT.
If you do not have a business account with us you shall pay all charges applicable in respect of the Service(s) provided by us in accordance with the payment terms set out upon the booking of our services.(All payments upon completion are to be made in cash, debit or credit card or by cheque (Only for Businesses)
If you are a business customer with an account:
You shall make payment to us within 30 days of the relevant invoice being issued to you, such invoice to be issued two weeks [in arrears];
Without limiting any other right or remedy of ours, if you (as a business customer only) fail to make any payment due to us by the due date for payment, we shall have the right to charge interest on the overdue amount at the rate of 2% per annum above the then current Bank of England's base lending rate accruing on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly;
You shall pay all amounts due under this Agreement in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. We may, without liming our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.
Should the provision of any Service(s) mean that we have to deliver goods on a bank or other public holiday we shall be entitled to make a reasonable extra charge for any additional costs incurred by us as a result.
Termination of Business Accounts
This Agreement may be terminated by either party giving to the other one month's written notice of its desire to terminate this Agreement. This Agreement may also be terminated immediately if the other party breaches any of its obligations under this Agreement or (in the case of an individual) becomes bankrupt or (in the case of a company) goes into liquidation other than for the purposes of reconstruction or amalgamation, or has an administrator or receiver appointed over any of its or his property or income or make any deed or arrangements with or for the benefit of his or its creditors.
On termination of this Agreement for any reason:
(a) you shall immediately pay to us all of our outstanding unpaid invoices and interest and, in respect of Service(s) supplied where the Consignment has been delivered but for which no invoice has been submitted, we shall submit an invoice, which shall be payable by you immediately on receipt;
(b) in respect of a Consignment which has already been paid for and which has been received but not yet delivered, then we shall deliver such Consignment in accordance with the terms of this Agreement;
(c) in respect of a Consignment which has not been paid for but which we have received but not delivered, we shall return the Consignment to you.
(d) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of this Agreement which existed at or before the date of termination or expiry.
Our Right to Hold the Goods (lien)
We shall have a right to withhold and/or ultimately dispose of some or all of the goods until you have paid all our charges and any other payments due under this or any other Agreement. These include any charges that we have paid out on your behalf. While we hold the goods you will be liable to pay all storage charges and other costs incurred by our withholding your goods and these terms and conditions shall continue to apply.
Right to Subcontract
Unless otherwise agreed we shall be entitled to sub-contract all or any part of the work during peak periods in order to support our provision of the services to you (this will be at our own expense) and you agree that both we and this other carrier shall be entitled to the protection of all of the terms of this Agreement which exclude or limit liability for any losses or damage.
You agree to:
Ensure that the information you supply when booking our Service(s) is complete and accurate;
Co-operate with us in all matters relating to our provision of the Service(s);
Provide us with access to your premises, office accommodation and other facilities as reasonably required by us if any of these are to be the Collection Point or Delivery Point;
Provide us with such information and materials as we may reasonably require in order to supply the Service(s) and ensure that such information is accurate in all material respects.
You agree that we shall not be required, and that you shall not cause us, to carry anything if it would be illegal or unlawful for us to do so (either in the UK< or any country to which a Consignment is to be delivered). You agree that should you do this, you will indemnify us against any losses and/or damage that we may suffer as a consequence.
We will not, without specific separate written agreement, carry: livestock; liquids; perishable goods; glass; gasses; pyrotechnics; arms; ammunition; corrosive; toxic; flammable; explosive; oxidising or radioactive materials. In addition we will not carry any items which are on our prohibited list above.
We reserve the right to refuse to carry any parcels/goods which are neither the property of, nor sent on behalf of, you.
You understand that:
All goods shall be accepted at the Delivery Point and that the recipient shall give our driver an appropriate receipt and you agree that this receipt shall be conclusive evidence of delivery of the Consignment by us. (This clause shall not apply where such receipt is obtained as a result of fraud, collusion or dishonesty on the part of our driver)
If there is a strike by any employees of yours, or the employees of any person receiving delivery, then you agree that our driver shall not be asked to perform any additional duties or any duties of a strike-breaking nature.
We will carry out the Service(s) for you whilst this Agreement is in force, in return for the payment by you to us of the price set out in the Service Order and in accordance with the terms of this Agreement.
We shall have the right to make any changes to the Service(s) which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the Service(s) and we shall notify you of any such changes.
We warrant that the Service(s) will be provided using reasonable care and skill.
We will not move items from a loft or Disconnect re-connect, dismantle garden furniture and equipment including but not limited to: sheds, greenhouses, garden shelters, outdoor play equipment and satellite dishes or re-assemble appliances, fixtures, fittings or equipment.
Our insurance do not cover us to carry out such work. We recommend that a properly qualified person is separately employed by you to carry out these services.
This contract, and all disputes arising out of the performance of it, shall be governed by and construed in accordance with the laws of England. The parties submit to the exclusive jurisdiction of the English Courts to resolve any and all disputes in relation to this contract, including, but not limited to, its performance.