General Terms and Conditions for the Courier of Assets
Definitions:
The following definitions apply to the terms and conditions set out below that govern this contract of carriage, treatment, legal compliance and certificated supply between you and us.
“we”, “us”,” our” and eReco means eReco EMEA Corporation Limited and subsidiaries and affiliates of eReco and eReco's employees, agents and independent contractors;
"you" and "your" means the Client of the shipment, holder of a consignment/waste transfer note, owner of the contents of the shipment or any other party having a legal interest in those contents;
"carriage" means and includes the whole of the operations and services undertaken by us in connection with the shipment;
"shipment" means goods or documents of whatever nature (whether in bulk or in one or more container type) which we have accepted
for carriage from one address to another, whether under our consignment note or not;
"prohibited items" means any goods or materials the carriage of which is prohibited by any law, rule or regulation of any country in or over which the shipment travels.
The Party With Whom You Are Contracting:
Your contract of carriage is with the eReco company or the subsidiary or affiliate of eReco that accepts the shipment for carriage from you. You agree that we may subcontract the whole or any part of the carriage or treatment on any terms and conditions we decide.
Your Acceptance Of Our terms and Conditions:
By giving us your shipment you accept our terms and conditions set out in the consignment/waste transfer note and or the contract of carriage on behalf of yourself and/or anyone else who has an interest in the shipment irrespective of whether you have signed the front of our consignment note or not. Our terms and conditions also cover and can be invoked by anyone we use or sub-contract to collect, transport or deliver your shipment as well as our employees, directors and agents. Only one of our authorised officers may agree to a variation of these terms and conditions in writing. When you give us the shipment with oral or written instructions that conflict with our terms and conditions we shall not be bound by such instructions.
Dangerous Goods / Security:
Goods requiring shipment will be communicated in accordance with the terms of this contract. We do not carry goods which are in our sole opinion dangerous goods including, but not limited to, those specified in the International Civil Aviation Organisation (ICAO) technical instructions, the International Air Transport Association (IATA) dangerous goods regulations, the International Maritime Dangerous Goods (IMDG) code, the European Agreement concerning the international carriage of Dangerous goods by Road (ADR) regulations or any other national or international rules applicable to the transport of dangerous goods.
Right Of Inspection:
You agree that we, or any governmental authority including customs, may open and inspect your shipment at any time.
Calculation Of Transit Times And Routing Of Shipments:
Weekend days, public holidays and bank holidays together with delays caused by customs or other events beyond our control are not included when we quote door to door delivery times. The route and the method by which we transport your shipment shall be at our sole discretion.
Governmental Clearance:
You certify that all statements and information you provide relating to shipment will be true and correct. You acknowledge that in the event that you make untrue or fraudulent statements about the shipment or any of its contents you risk a civil claim and/or criminal prosecution the penalties for which include forfeiture and sale of your shipment. Any taxes, penalties, storage charges or other expenses we incur as a result of the actions of governmental authorities or your failure to provide proper documentation and/or to obtain the required licence or permit will be charged to you.
Your Obligations:
You warrant, represent and guarantee to us that:
a) The contents of the shipment have been properly described.
b) If alternative packaging is to be used than the supplied pre-labelled container that the shipment has been correctly labelled and the label or labels have been securely fixed by you in a prominent position on the outer surface of the shipment that can be clearly seen by us.
c) The contents of the shipment have been packed safely and carefully by you to protect against the ordinary risks of transport.
d) All applicable laws and regulations have been complied with.
e) You agree to indemnify us and hold us harmless from any personal injury or death suffered as a result of you being in breach of any of these warranties, representations or guarantees even if we inadvertently accept a shipment for carriage that contravenes any of your obligations.
Exclusions:
Neither party will be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of customers, loss of use, loss of an opportunity or for any indirect, incidental, special or consequential damages or loss howsoever arising including but not limited to the loss, damage, delay, misdelivery or non-delivery of your shipment even if we had knowledge that such damages or loss might arise. We are not liable if your shipment or any part of it is lost, damaged, delayed or mis-delivered or not delivered or if we do not fulfil any obligations towards you at all as a result of:
a) circumstances beyond our control such as (but not limited to):
- acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost;
- force majeure including (but not limited to) war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions;
- national or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery;
- latent defects or inherent vice in the contents of the shipment.
- criminal acts of third parties such as theft and arson.
b) your acts or omissions or those of third parties such as:
- you being in breach of (or any other party claiming an interest in the shipment causing you to breach) your obligations under these terms and conditions and in particular those warranties set out in ‘your obligations’.
-an act or omission of any government official.
c) The contents of the shipment consisting of any article that is a prohibited item even though we may have accepted the shipment by mistake. We are not a common carrier and do not accept from you any liabilities of a common carrier.
Rates And Payment:
You agree to pay our Charges within 15 days from the date of our invoice. Our invoice does not include proof of delivery or any other documents. Our invoices must be paid in the currency stated in the invoice unless otherwise agreed by us prior to collection. The all-inclusive fees for the completely green recycling of one bag (supplied by eReco) of printer consumables is £30 plus vat, max weight of 10kg.
Law And Jurisdiction:
In the event that any term or condition is declared invalid or unenforceable such a determination shall not affect the other provisions of this contract of carriage all of which remain in force. Save as provided by any applicable convention disputes arising from this contract of carriage shall be subject to the laws and the courts of England. Title transfers to the Company at point of collection by the Company logistics team or contracted logistical firms.
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