Please find below a copy of our conditions of carriage.
By tendering goods for transport by Global Options Worldwide Express LIMITED the Consignor agrees to the following conditions:
In these conditions, “the Consignor” or “the Shipper” means the sender of the goods tendered for transport whether on his own account or on behalf of any other person and whose name shall appear on the Consignment note as the Consignor.
“Consignment” means the goods (whether contained in one or more parcels or packages) consigned by the Consignor to Global Options Worldwide Express Ltd for transport. Goods shall include documents where appropriate.
“Agent means (a) any entity in any part of the World which is “for the time being a member of the same group of companies as Global Options Worldwide Express Ltd and (b) any entity with whom Global Options Worldwide Express Ltd may arrange for or provide services in connection with the transport of a Consignment.
2. CONSIGNMENT NOTE
Each consignment shall be correctly addressed by the Consignor and accompanied by Global Options Worldwide Express Ltd form of Consignment Note which the Consignor shall properly complete and sign prior to despatch of the Consignment. The Consignor is responsible for the correctness of any information given or declaration made and is liable for the consequences of any false or erroneous declarations or information.
3. PARTIES & SUB-CONTRACTING
(a) Where the Consignor is not the owner of any Consignment or part thereof he shall be deemed to be the authorised agent of the owner(s). The Consignor accepts these conditions for himself and all other persons on whose behalf he is acting or is deemed to be acting.
(b) Global Options Worldwide Express Ltd may sub-contract all or any part of this contract and may engage an agent or any other person (who may also sub-contract) to fulfil all or part of this contract.
4. COMMON CARRIER
The Company is not a common carrier and accepts goods for transport only on these conditions.
No waiver or alteration of an addition to these conditions may be made except in writing signed by a director of Global Options Worldwide Express Ltd. No agent or person employed by Global Options Worldwide Express Ltd may alter, add to or waive any of these Conditions and where an oral or written instructions differ from or conflict with these Conditions these Conditions shall prevail and such instructions shall be of no effect and shall not waive, vary or modify these Conditions.
6. LIABILITIES NOT ASSUMED
(a) Global Options Worldwide Express Ltd, its agents and servants shall not be liable for any loss, costs or expenses suffered or incurred by the Consignor or any other person arising out of or in connection with this contract or the handling storage or transport or other dealing with any Consignment except where such loss, damage cost or expenses shall arise as a direct result of any wilful act or neglect or default by Global Options Worldwide Express Ltd and then only to the extent of the lessor of:
(i) £200, or
(ii) the value of the Consignment or the cost of reshipping it (at the Consignor’s choice)
(b) Global Options Worldwide Express Ltd, its agents and servants shall not be liable under any circumstances for any special or consequential damages or loss. Special or consequential damages or loss shall include (but not be limited to) commercial and financial loss, special reconstruction costs, substituted costs, loss of interest, profit, income utility, market or business opportunity, whether or not Global Options Worldwide Express Ltd, its agents or servants had knowledge that such damages might be incurred.
(c) Any claim must be made by the Consignor in writing to Global Options Management Ltd within 14 days of the date of the claim arising. No claim will be considered until all transport charges have been paid.
7. CONSIGNMENT ACCEPTABLE FOR TRANSPORT
Global Options Worldwide Express Ltd reserves the right –
(a) to inspect the consignment, but this inspection shall not constitute a warranty that a particular item is suitable for carriage.
(b) to refuse at its sole discretion at any time to transport any goods tendered for transport (whether before or after such goods are accepted by Global Options Worldwide Express Ltd for transport).
(c) to reject any goods already accepted for transport if in the opinion of Global Options Worldwide Express Ltd there is a possibility that the continued transport of such goods may delay the transport of other consignments or cause damage to other consignments, equipment or personnel.
(d) destroy or otherwise deal with any goods in the Consignment where Global Options Worldwide Express Ltd considers (in its sole discretion) that there may be risk to other goods, property, life or death.
(e) Without prejudice to the generality of the foregoing Global Options Worldwide Express Ltd will not accept except under special arrangements hazardous or combustible materials and any items the transport of which is prohibited by any law, regulation or statute of any federal state or government of any country from to or through which consignments may be carried. A detailed list of prohibited goods is available on request.
8. UNACCEPTABLE GOODS
If the Consignor consigns to Global Options Worldwide Express Ltd good s which are unacceptable or which the Consignor has under valued for customs purposes (whether deliberately or accidentally) then Global Options Worldwide Express Ltd shall be entitled to return the Consignment at the Consignor’s expense or, if the Consignor refuses or is unavailable to accept liability for such expense to seal with the Consignment as Global Options Worldwide Express Ltd sees fit and even abandon transport of the Consignment immediately upon Global Options Worldwide Express Ltd having knowledge that the Consignment or part thereof infringes these conditions.
9. WARRANTIES BY THE CONSIGNOR
The Consignor expressly warrants to the Company that –
(a) The person handing over the Consignment to the Company is authorised to sign the Consignment Note for the Consignor or to affix his stamp.
(b) The consignor makes this contract in the normal course of its business and holds itself out as so doing.
(c) The description and details related to the Consignment shown on the Consignment Note are correct and in particular the declared value is correct.
(d) It is not illegal for Global Options Worldwide Express Ltd to convey the consignment under any legislation.
(e) The Consignment is adequately prepared and packaged to ensure safe transport with ordinary care and handling any articles susceptible to damage as a result of any conditions encountered in air transport collection or delivery and adequately protected by proper packaging.
(f) The Consignment is properly labelled and addressed.
10. CUSTOMS CLEARANCE
The Company will use all reasonable endeavours to effect customs clearance but will not be liable for any penalties imposed or costs incurred due to delay or refusal by the custom authorities or due to the Consignment being impounded by customs or other authorities and the Consignor hereby agrees to indemnify the Company on demand against any such penalty or loss.
Transport charges, supplementary charges, customs duties and other charges incurred from time to time of acceptance of goods for transport to the time of delivery of such goods shall be paid by to Consignor/Consignee as required by the relevant authority or body.
12. METHODS OF PAYMENT
Subject to payment of Global Options Worldwide Express Ltd charges in accordance with rates in effect on the day of acceptance of the Consignment by Global Options Worldwide Express Ltd. Global Options Worldwide Express Ltd will transport the Consignment between destination as agreed between it and the Consignor as expeditiously as possible.
Global Options Worldwide Express Ltd reserves the right to carry the Consignment by any route and procedure. The Consignor will not seek to impose upon any agent or sub-contractor of Global Options Worldwide Express Ltd a liability greater than that accepted by Global Options Worldwide Express Ltd under these conditions.
No insurance will be effected except upon express instructions given in writing by the Consignor to Global Options Worldwide Express Ltd when the usual exceptions and conditions of the policies of the insurance company or underwriters taking the risks shall apply. Global Options Worldwide Express Ltd shall not be under any obligation to effect separate insurance for each Consignment but may declare it on any open or general policy. If the insurers under any policy dispute liability for any reason the Consignor shall have recourse against the insurers only and Global Options Worldwide Express Ltd, its agents and servants shall not be under any responsibility or liability whatsoever in relation thereto.
(a) Global Options Worldwide Express Ltd is authorised to delivery the Consignment to the address marked on the Consignment Note. Global Options Worldwide Express Ltd shall be deemed to have delivered the Consignment in accordance with this contract if at that address it obtains from any person a receipt of signed delivery form.
(b) Where for any reason the Consignment cannot be delivered at the address marked on the Consignment Note or where the Consignment is to be held for collection or is not removed within five working days. Global Options Worldwide Express Ltd shall be under no liability for loss or damage to the Consignor and will within 14 days after giving to the Consignor or the Consignee notice by post or otherwise (including public notice where the names and addresses of the Consignor and the Consignee are not known), be entitled to sell the same and may deduct out of the proceeds of sale all proper charges in respect of the transport and warehousing of the goods and any other expense incurred by Global Options Worldwide Express Ltd.
15. PAYMENT RATES
(a) payment of the charges made by Global Options Worldwide Express Ltd for or in connection with the transport of any Consignment shall be made within 14 days from the date of Global Options Worldwide Express Ltd invoice for such consignment.
(b) At its own discretion Global Options Worldwide Express Ltd may, on request by the consignor transport a Consignment on the basis that payment of Global Options Worldwide Express Ltd charges shall be made by the Consignee on delivery of the Consignment provided that the Consignor shall remain liable to make such payment if the Consignee fails or refuses to do so upon Global Options Worldwide Express Ltd tendering the Consignment for delivery to the Consignee. In such case, Global Options Worldwide Express Ltd shall not be required to deliver the Consignment until payment is made.
Global Options Worldwide Express Ltd shall have a particular and general right of detention on all goods in its possession for all sums due at any time from the Consignor, the Consignee or the owner of the goods whether under this or any other contract between the Consignor and Global Options Worldwide Express Ltd in the event of non-payment of Global Options Worldwide Express Ltd charges within 21 days after this due date. Global Options Worldwide Express Ltd shall be entitled to sell or otherwise dispose of any consignment and apply the proceeds towards the payment of such sums.
17. ENGLISH LAW
This contract shall be governed and construed in accordance with English Law and the parties submit to the jurisdiction of the English Courts.