Terms of Trading

  1. In these terms of trading (hereinafter called 'these Terms') the following words shall have the meanings set against them unless the context otherwise requires:-
    "The Company" BDC Couriers Ltd 31, 1/10 Pinkston Drive, Glasgow G21 1YE.
    "The Customer" Any person who contracts for the services of the Company.
    "The Goods" The goods, letters, parcels, packages, papers, consignments, deliveries and loads entrusted by the Customer to the Company for carriage.
  2. The Company is not a common carrier and any business undertaken by it is transacted subject to these Terms which shall be deemed to be incorporated in and to form part of the Agreement between the Company and the Customer.
  3. No agent of or person employed by or under contract with the Company has an authority to alter or vary these Terms on behalf of the Company.
  4. If any part of these Terms is affected by statutory enactment or rule of law so as to make it unenforceable, these Terms will continue to apply with the unenforceable provision being deleted.
  5. (a) All terms quoted by the Company for its service shall only remain open for acceptance by the Customer for 14 days and may be withdrawn by the company prior to acceptance by the customer.
    (b) The Company reserves the right to review its scale of charges at any time giving no notice to the Customer. If the Customer finds the new level of charges unacceptable, it shall be entitled to terminate the Agreement.
    (c) All credit accounts will be rendered on the 1st day of each month and will be due for settlement within thirty days of the date of that invoice. If payment is not received by the due date the Company reserves the right to charge interest on the sum due at the rate of Four per cent above the base rate (or its equivalent) of the Bank of Scotland from time to time.
    (d) All sums shown to be due to the Company on its invoices shall be paid by the Customer without any retention and payment shall not be withheld or deferred to account of any claim, counter-claim or set-off.
  6. The Customer warrants:-
    (a) that it is the owner or the authorised agent of the owner of the Goods.
    (b) that it is authorised to accept and is accepting these conditions not only for itself but also for any principal or any other person who is or may thereafter become interested in the Goods.
    (c) that the Goods have been properly and sufficiently packed, labeled and/or prepared, are in a fit state to be carried and that the delivery address is reasonably located.
    (d) that the Goods are not noxious, dangerous, hazardous, inflammable or explosive or otherwise likely to cause damage.
    (e) that, except by prior arrangement with the Company, the Goods do not include bullion, liquid, glass, coins, precious stones, jewellery, securities, valuables, antiques, pictures, livestock or plants.
  7. In the event of the of the Customer being in breach of the warranty contained in Term 6 (e) the Customer shall be liable for all loss or damage whatsoever caused by or to or in connection with the Goods howsoever arising and shall fully indemnify the Company against all penalties, claims, damage, costs and expenses howsoever arising in connection therewith. In this event the Company may at its sole discretion destroy or otherwise deal with the Goods.
  8. In the event of the Customer being in breach of the warranty in Term 6 (e) the Company shall be under no liability whatsoever for on in connection with the Goods howsoever arising.
  9. Any business undertaken by the Company may in the absolute discretion of the Company be fulfilled by the Company itself or by the Company subcontracting the work to a third party either in whole or in part.
  10. Subject to express instructions given by the Customer, the Company reserves to itself absolute discretion as to the means, route and procedure to be followed in the handling, storage, and transportation of the Goods. Further if in the opinion of the Company it is at any stage necessary or desirable in the Customer's interest to depart from these instructions the Company shall be at liberty to do so.
  11. The Customer shall be bound to satisfy itself that the Goods shall be suitable for conveyance in the vehicle or machine ordered by the Customer and provided by the Company and if the Customer accepts the vehicle or machine offered by the Company for the carriage of the Goods the Company will accept no liability whatsoever for any loss or damage to the Goods arising from the unsuitable of such vehicle or machine.
  12. The Company shall not be responsible for any loss or damage to the Goods or for any loss arising from non-delivery or mis-delivery of the Goods or for any loss or damage arising from any non-compliance or mis-compliance with instructions unless it is proved that the same arose as a result of the negligence or default of the Company. Save as aforsaid the Company shall be under no liability whatsoever to the Company in regard to the business undertaken in terms of the Agreement between the Company and Customer. When the goods are passed to a sub-contractor or third party all liability shall be passed to that sub-contractor or third party.
  13. In no case whatsoever shall any liability of the Company howsoever arising exceed the value of £15.00 per kg.
  14. In any event no claim shall lie against the Company for loss or damage to the Goods or for loss arising from consequential loss/3rd party loss any non-delivery, mis-delivery or timed delivery of Goods or for any loss or damage arising from non-compliance or mis-compliance with instructions unless a claim is intimated to the Company in writing within seven days of the delivery date or the intended delivery date and a quantified claim is made in writing within a further twenty-one days thereafter.
  15. The agreement between the Company and the Customer shall be governed by and construed in all respects in accordance with Scottish Law and the parties irrevocably submit themselves to the jurisdiction of the Scottish Courts.
  16. The Customer or agent is responsible for the supervised despatch of the Goods at the point of collection by the company or the companies sub contractor.