Airspeed Express Couriers Terms & Conditions

1. DEFINITIONS

- “YOU” “YOUR” etc – You, the customer contracting Us to supply services to You.

- “WE” “US” “OUR” etc – Airspeed Express Couriers, a trading name of: Kinetic Vision Ltd 38 Albert Road, Tamworth. B79 7JS Registered as a company in GB – No. 7163453

- “CONSIGNMENT” an item or a group of items which We agree to transport for You.

- “CONSIGNEE” - the Entity or Person specified by You as the intended recipient of Your Consignment. This includes any employee of the Entity, where applicable.

- “LOADED MILE” - a mile on a road which has, or will be, travelled by Our vehicle, or that of Our subcontractor, whilst Your Consignment, or part of it, is loaded on board. The total Loaded Mileage applicable to the transport of any given Consignment will be calculated, by Us, from a Collection postcode to a Delivery postcode using industry standard mapping software, along the quickest usual route.

- “LOADED MILEAGE” - The total of mileage, calculated by Us, from a Collection postcode to a Delivery postcode using industry standard mapping software, along the quickest usual route.

- “USUAL COLLECTION AREA” - The area within which We normally collect Consignments, without a surcharge being applied for extra mileage. This is defined as the Following Postcode Areas: (all HD Postcodes, HX1-HX6, BD1-BD9, BD11-BD15, BD19, LS10-LS13, LS26-LS28, WF1-WF5, WF12-WF17, S36, S70-S75).

- “DANGEROUS GOODS” - means Dangerous Goods as defined in the Carriage of Dangerous Goods by Road Regulations 1996 (as amended, re-enacted or extended from time to time).

2. GENERAL

2.1 By requesting Us to provide a service or services to You, You are deemed to have accepted accept these Terms and Conditions and enter into a contract with Us. 2.2 These Terms and Conditions override any previous agreement between You and Us.

2.3 We are not a Common Carrier, and reserve the right, at Our own discretion, to:

a) refuse to carry all or part of a Consignment;

b) refuse to provide any services to You, whether before or after Your Consignment has been collected;

c) open any part of a Consignment, including documentation, in order to ascertain the nature or condition of the Consignment;

d) subcontract any part of the service(s) We provide to You.

2.4 Only directors of Kinetic Vision Ltd are authorised to negotiate with You any derogation from these Terms and Conditions, which must be confirmed in writing to have effect. Employees and subcontractors of Us are not authorised to do so.

2.5 These Terms and Conditions and all Contracts shall be governed by and construed in accordance with the Laws in England and any proceedings in relation thereto shall be subject to the exclusive jurisdiction of the English Courts.

3. OUR RIGHTS AND OBLIGATIONS.

3.1 We endeavour to take reasonable steps to ensure that We deliver your Consignment in the timeframe You requested, but We will not be liable for any loss or expense You may suffer as a result of a Consignment not being delivered within said timeframe.

3.2 We endeavour to take reasonable steps to obtain a Proof of Delivery on Our media, which may be in a digital format or in a hard copy format. Such a Proof of Delivery will constitute evidence of the Consignment having been delivered in full and in good condition, unless specified by the Consignee on the Proof of Delivery. Where You wish to obtain Proof of Delivery on Your own media, this must be in hard copy format and supplied to Us at, or prior to, the time of Collection. Proof of Delivery media sent electronically to Us by You, may be accepted at our discretion.

3.3 Our basic Consignment transport charges are calculated at a rate per Loaded Mile. These rates and charges will be agreed between Us and You prior to commencement of Our services. Charges and Surcharges additional to the basic charge may be applicable, as detailed in Section 5 below.

3.4 We shall be relieved of our obligation to perform a service to You in the event that this performance is prevented by Your acts, errors or omissions, or as a result of fire, weather conditions, other Acts of God, force majeure, hostilities, industrial dispute, the inability or unwillingness of a Consignee to accept a delivery, an accident or by another cause beyond Our reasonable control.

4. YOUR RIGHTS AND OBLIGATIONS

4.1 by requesting Us to provide a service to You, You warrant that:

a) all goods contained within a Consignment We collect and/or deliver on Your behalf are either owned by You, or You have the necessary permission from the owner in respect of the right to organise transport of said goods;

b) no Dangerous Goods are contained within Your Consignment, save any which We have agreed in writing to carry on Your behalf;

c) in respect of Dangerous Goods carried in accordance with Clause 4.1(b) above, You will supply Us with written documentation stating the nature and quantity of said Dangerous Goods, no later than at the time of collection; d) the goods contained within Your Consignment do not give rise to any criminal or civil offence by virtue of their transport or possession;

e) the goods contained within Your Consignment are adequately packaged;

f) You agree to pay the Invoice(s) arising from the performance of Our services to You, within 30 days of the Invoice Date, regardless of any claim being made under Clause 6.1 below;

g) that You have ensured that such special equipment or additional manpower as may be needed to effect delivery or collection of your Consignment will be made available and that You accept liability for any additional costs resulting from the non-provision of such equipment or manpower.

4.2 You will be entitled to know the basic charge for a given specific service prior to the commencement of such a service and, upon request, to know the total Loaded Mileage used for calculation of said basic charge, notwithstanding the fact that other charges and surcharges not foreseen at commencement of Our services may become payable additionally, in accordance with Section 5.

5. SURCHARGES AND MINIMUM CHARGES.

5.1 Deliveries or Collections within the Central London Congestion Charging zone will attract a surcharge as specified on Our website.

5.2 Deliveries or Collections within the area of Central London bounded by the A406/A1020 North Circular Road and the A205 South Circular Road, outside of the Congestion Charging zone, will attract a Surcharge as specified on Our website.

5.3 Incidental expenses, including, but not limited to, bridge tolls, motorway tolls, ferry fares, etc, will be rechargeable to You at the same cost as incurred.

5.4 Waiting time at the point of Collection or Delivery is free of charge for the first 15 minutes. Thereafter, a surcharge may be applied at an hourly rate, as specified on our website, or part-hour pro rata.

5.5 Minimum call-out charges apply, regardless of loaded mileage, to all Consignments, unless otherwise agreed in writing with Us prior to commencement of services. The Minimum Call-Out Charges are specified on Our website.

5.6 For Collections outside Our Usual Collection Area (as defined above), a surcharge may apply. In all cases, any surcharge We may choose to levy will be agreed between You and Us prior to the commencement of services.

5.7 We shall be entitled to recharge to You the cost of any parking fines incurred during the provision of Our services, resulting from instances where there was no suitable loading or unloading area within a reasonable distance of the Collection or Delivery point. Notwithstanding that We shall reasonable steps to effect Collections and Deliveries without incurring parking fines. 5.8 All rates, charges, recharges and surcharges referred to in these Terms are subject to VAT at the prevailing rate unless stated otherwise.

6. LIABILITIES

6.1 Our liability is limited to damage or loss caused in respect of goods We carry on Your behalf, where they are covered by our Goods in Transit scheme, up to a maximum claim of £10000. For the avoidance of doubt, this means claims against physical damage to goods and/or claims against the total or partial loss of goods, caused by Our acts, errors or omissions.

6.2 Our Liability under Clause 6.1 does not extend to: Alcoholic Beverages, Perfumes, Processed Tobacco, Goods which must be kept refrigerated or frozen, precious metals or stones, or non-ferrous metals (carried as a raw material).

6.3 We shall be entitled to request written evidence of the value of goods claimed for under Clause 6.1 above.

6.4 We will not accept liability under Clause 6.1 above, when the damage or loss has resulted from, and We have taken reasonable care to mitigate against the effects of, the following: Your acts, errors or omissions, or as a result of fire, weather conditions, other Acts of God, force majeure, hostilities, industrial dispute, the inability or unwillingness of a Consignee to accept a delivery, an accident or by another cause beyond Our reasonable control.

Version 4.0 - Updated August 2018