In this document the following words shall have the following meanings:
1.1 "Customer" means any person who purchases services or who contracts the services of the supplier either verbally or in writing;
1.2 "Services" means any work carried out by the supplier on instruction of the Customer;
1.3 "Supplier" means Shoot Services Limited of Unit 4, Roman Way Industrial Estate, 149 Roman Way, London, N7 8XH.
1.4 "Goods" means a consignement carried by the Supplier on behalf of the Customer from one location to another.
1.5 "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2.1 These Terms and Conditions shall apply to all services provided by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.
2.5 The Customer warrants that by issuing instructions to carry goods, that they are the owner of the Consigment or are authorised to accept these Terms and Conditons on the owner's behalf.
All orders for Services whether verbally or in writing, shall be deemed to be acceptance of these Terms and Conditions.
To enable the Supplier to perform its obligations the Customer shall:
4.1 co-operate with the Supplier;
4.2 provide the Supplier with any information reasonably required by the Supplier;
4.3 obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and
4.4 comply with such other requirements as agreed between the parties.
5.1 The Supplier warrants that the Services will correspond to the description given by the Supplier.
5.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
5.3 The Supplier accepts all responsibility for the condition of all equipment used in the performance of the Services.
If the Customer fails to cancel a verbal or written order within 24 hours of the start time, the Supplier will be entitled to a reasonable cancellation charge.
7.1 The date of delivery/collection specified by the Supplier is an estimate only. Time for delivery /collection shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery/collection of the Goods.
7.2 All goods being collected shall be deemed to be adequately packed or wrapped for transportation and shall be suitable for loading, unloading or moved without the need for specialist equipment. If not, the Goods will be carried at the sole risk of the Customer.
7.3. All goods to be transported must not exceed the limits for safe working and in all cases the Suppliers interpretation of this will be final.
7.4 The Supplier will not be required to provide any service beyond the normal place of collection/delivery. If any such service is given by the Supplier, then this shall be at the sole risk of the Customer.
8.1 Any price given by the Supplier is exclusive of VAT which will be charged at the applicable rate at time of invoice.
8.2 Payment of any invoice will be by cash, cheque or credit transfer.
8.3 If the Customer fails to make any payment within our standard terms of 30 days from date of invoice, the Supplier shall be entitled to charge a late payment fee and interest as laid down in the "Late Payment of Commercial Debts (Interest) Act 1998, as amended and supplemented by the late payment of Commercial Debts Regulations 2002.
9.1 Claims for loss, mis-delivery or damage will only be entertained if occurring during transit and is proved
to be the negligence of the Supplier or anyone operating under its instructions.
9.2 Any claims for damage will be subject to the Goods being inspected to see if a suitable
repair/reconditioning can be carried out prior to any financial settlement being offered.
9.3 Payments for lost or damaged Goods will be calculated on the replacement value only and no
compensation will be offered for loss of sale.
10.1 The liability of the Supplier in respect of claims for physical loss, mis-delivery of or damage to the Goods, however arising shall in all circumstances be limited to the lesser of a. the replacement value of the goods actually lost, mis-delivered or damaged or b.the cost of repairing any damage of reconditioning the goods or c. a sum calculated at the rate of £10 sterling per kilogramme on the gross weight of the Goods actually lost, mis-delivered or damaged and in all cases shall be taken to included any VAT or taxes payable in respect of the Goods. The Supplier shall be entitled to proof of the weight and value of the Goods.
10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of
the price for the Services.
10.3 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
10.4 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.