Terms and Conditions for Argo Mail
Please read these Terms and Conditions with care as they govern your use of our website your access to our website and the services offered. Please note that these terms and conditions set out the extent of our liability and exclusions that may apply.
Standard Terms of Contract
In these Terms and Conditions where the following terms are used, they shall have the following meanings:
2.1 We will carry out the Service(s) for you whilst this Agreement is in force, in return for the payment by you to us of the price set out in the Service Order and in accordance with the terms of this Agreement.
2.2 We shall have the right to make any changes to the Service(s) which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the Service(s) and we shall notify you of any such changes.
2.3 We warrant that the Service(s) will be provided using reasonable care and skill.3. Loading and Unloading
3.1 If collection or delivery of a Consignment takes place at your premises, we shall not be under any obligation to provide any equipment or labour which, apart from the driver collecting the Consignment, may be required for loading or unloading of a Consignment.
3.2 Any Consignment (or part of a Consignment) requiring any special equipment for loading and unloading shall be accepted by us for transportation only on the understanding and condition that such special equipment will be made available at the Collection Point and the Delivery Point as required. Where such equipment is not available and if we agree to load or unload the Consignment (or part of the Consignment) we shall be under no liability or obligation of any kind to you for any damage caused (however it may be caused) during the loading or unloading of the Consignment. This includes any damage caused whether or not by our negligence and you shall agree to indemnify and hold us harmless against any claim or demand from any person arising out of our agreeing to load or unload the Consignment in these circumstances.
4.1 We will make one attempt to deliver a Consignment during normal working hours. If we cannot obtain a delivery receipt at the Delivery Point you agree that we shall be authorised to attempt to deliver the Consignment to, or obtain a delivery receipt from, an alternative address close to the Delivery Point and (if successful) we agree that we will leave at the Delivery Point details of the address to which we have delivered the Consignment. If we are unable to deliver, either to the Delivery Point or a nearby address, we shall return the Consignment to our premises and leave a request for the recipient of the Consignment to contact us to make alternative delivery arrangements to the Delivery Point. If the recipient does not contact us to arrange the alternative delivery within 7 days we will return the Consignment to you at your cost (such cost to be discharged before delivery to you).
4.2 If we consider that the Consignment has become a Damaged Consignment and cannot be delivered because it is or in our reasonable opinion is likely to be unsafe hazardous or harmful we reserve the right to dispose of the Damaged Consignment immediately. If the Consignment becomes a Damaged Consignment because of our actions and we have to dispose of it we will only be liable to you up to the amounts specified in 6.7.
5.1 You agree that we may use another carrier in order to support our provision of the services to you (this will be at our own expense) and you agree that both we and this other carrier shall be entitled to the protection of all of the terms of this Agreement which exclude or limit liability for any losses or damage.
6.1 Where you deal with us as a consumer, nothing within these terms and conditions shall be deemed to affect your rights under the Unfair Contract Terms Act 1977. For the avoidance of any doubt, when you deal with us as a business the Unfair Contract Terms Act 1977 is hereby excluded to the fullest extent legally possible and you are further referred to additional terms relating to business clients set out below.
6.2 Nothing in this Agreement shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation.
6.3 As a responsible business, we will perform the Service(s) in a professional manner with the appropriate level of skill and care. However, damage to a Consignment may still occur as a consequence of our handling of it and in such circumstances, our liability shall be limited as set out in these Terms and Conditions. The reasoning behind this limitation of our liability is as follows:
(a) The value of a Consignment and the amount of potential loss to you that could arise if a Consignment is damaged or lost is not something which we can easily ascertain but is something which is better known to you. In many cases it cannot be known to us at all and can only be known to you;
(b) The potential amount of loss that might be caused or alleged to be caused to you is likely to be disproportionate to the sum that we could reasonably be expected to charge you for providing the Service(s) under this Agreement;
(c) It is not possible for us to obtain cover which would give unlimited compensation for our full potential liability to all of our customers and, even if it were, such cover would be much cheaper if taken out by you (rather than us taking out such cover and passing the cost on to you) and on that basis, it is more appropriate for you to take out such cover, though you are able to purchase increased extra compensation from us for your Consignment, during the ordering process;
(d) We wish to keep the costs of providing the Service(s) to you as low as possible;
(e) In light of the above we wish to limit our liability for any damage caused to you to levels which we consider proportionate to our low charges for providing the Services. These amounts are set out in clause 6.5;
(f) In these Terms and Conditions, damage to you means any damage suffered by you (including any loss of, or damage to, a Consignment and any other loss, whether or not known to you or us or in either of our contemplation at the time of entering into this Agreement), however it arises but only so long as it is caused by our negligence, breach of duty or other wrongful act or omission (which includes any deliberately wrongful act or omission) and any breach of any the terms of this Agreement, or any terms implied by statute (where applicable);
(g) We investigate all claims received by us in a fair and speedy manner, but such investigations are more accurate and are easier to perform soon after the loss or damage is alleged to have incurred and on that basis, the timescales set out in this Agreement are necessary to ensure that such investigations can be performed fairly.
The Extent of our Liability
6.4 We shall only be liable for damage or loss caused to you if it is caused by our negligence, breach of duty or other wrongful act or omission, and only subject to the limitations set out within this clause 6 and clause 7;
6.5 We shall not be liable to you under any circumstances for any direct or indirect loss (including, but not limited to loss of profits, or loss of goodwill) or for any other special or indirect losses, costs, damages, or claims which do not arise naturally as a result of our negligence, breach of duty, or other wrongful act or omission.
6.6 We shall not be liable to you:
The Limitation on the Amount of our Liability
6.7 If we are liable to you for any reason, we shall (subject always to clause 7) only be liable to you up to the following amounts in the following circumstances, subject to you purchasing any extra compensation for your Consignment from us:
(a) If we lose or damage all of a Consignment we will be liable for a maximum amount inline with that advertised on the service you choose at time of purchase. If however this maximum figure is greater than the actual value of the Consignment then we shall only be liable for the full value of that Consignment;
(b) If we lose or damage part of a Consignment, the amount of the sum determined under clause 6.7(a) above shall be pro rated down to represent the proportion that the actual value of that part of the Consignment bears to the actual value of the whole Consignment (so, by way of an illustrative example, if the whole Consignment was worth £50 and we lost or damaged one quarter of it, we would only be liable for 25% of the figure worked out under clause 6.7(a) above, i.e. £12.50 for the £50 service and £5 for the £20 service);
(c) If we cause you loss or damage arising in any other way, due to the nature of the fulfilment of courier services, damages resulting for 'Consequential Loss' are not covered under any circumstances
(d) Alternative services, we may offer services with alternative carriers from time to time. Insurance values are subject to individual carriers.
If you consider that the potential loss to you caused by the loss or damage of all (or part) of a Consignment would exceed the figures set out above you must arrange separate cover or insurance to cover such potential loss. For the avoidance of doubt, this includes any additional insurance you may require in respect of any items listed on the “Special Provisions” and “No Compensation Items” lists. The items on the “Prohibited Items” list are prohibited and no level of insurance taken out by you will change whether these items will be allowed. If you do not do this then we shall not be liable to you for more than the amounts set out above and you shall be responsible for the risks in any amounts not covered through such cover or insurance (or lack of). Where the value of any Consignment is above the value of the compensation set out in clause 6.7(a) to (c), you are able to purchase extra compensation during our ordering process from us. Where you do not purchase the extra compensation from us during our ordering process, you confirm that you accept the risks of not doing so.
We will not be liable to repay you the value of the Consignment as at the time it was purchased by you. Consignments by their nature are subject to depreciation. You are advised to take out a “new for old” insurance policy should you wish to be compensated in this way. Our liability to you is limited to the amounts set out within this clause 6 and based on the actual value at the date of loss.
6.8 In order to ascertain the extent of our liability above, we shall require proof of the value and weight of the entire Consignment and any part or parts of it which make it up and you must ensure that, prior to our collection of the Consignment, you have a record of these. For the avoidance of any doubt, and without affecting clause 6.5, we shall only be liable for the replacement value of the Consignment and not for any sums that would amount to profit on the Consignment or applicable value added tax (or like tax) on such profit.
6.9 If a claim arises as a result of damage to the whole or part of a Consignment and if we settle the claim for a sum equal to or greater than the value of the Consignment, then we shall be entitled to claim ownership of the Consignment and deal with it as we see fit. For the avoidance of any doubt, we shall be responsible for the cost of recovery of the Consignment.
6.10 If you wish to combine a number of discrete packages you must do this within an outer box or packaging fully encompassing each discrete package. If you do not do this and any individual discrete package(s) come apart in transit resulting in one or more of them being lost, then once the remaining parcel(s) are signed for by the recipient, you accept that you cannot make a claim for loss or partial loss of that consignment.
Prohibited Items, Special Provisions Items and No Compensation Items
6.11 Certain other items are carried without compensation cover for damage or loss and at your own risk. A list of these items are as follows: Aerosol, Aftershaves, Air Bag, Alcoholic Beverages, Ammunition, Animals Of Any Form (Alive Or Dead), Any Item Containing Petrol (Liquid, Gas Or Fumes), Aromatherapy Oil, Batteries, Biological Samples, Cash, Credit Cards, Debit Cards, Chainsaw, Cheques, Christmas Crackers, Counterfeit Currency, Credit/Debit/Cash Cards, Dangerous Goods, Documents (Outside The EU), Driving Licence, Drugs (Including Prescription), Engines, Filth, Fire Extinguisher, Fish (Live Or Dead), Food Items (Perishable Goods), Fragrance, Gearbox, Glass, Gun, Hazardous Goods, Human Remains, Infectious Substances, Item Described As "Unknown", Juice, Kayaks, Knives, Lighter, Liquids/Creams/Oils, Lottery Tickets, Meat, Milk Powder (Restricted In China To 6 Cans And Via The EMS Plus Service Only), Mobile Phone With Or Without Sim To Any Residential Address In Turkey/Pakistan, Money/Cash/Currency, Nail Varnish, Oil, Paint, Passport, Perfumes, Perishable Good, Perishable Goods (All), Plant, Printer Toner (International Parcels Only), Replica Weapons, Seatbelt Tensioner, Settee, Sinks, Slush Syrup, Sofa, Stamps (Unless Franked), Steering Wheel, Tickets, Toilets, Vehicle Bonnet, Vehicle Bumper, Water, Weapons, Windscreen.
For the avoidance of doubt, we do not accept liability for any loss, damage to or damage caused by any of the items on these lists, whatsoever and howsoever such loss or damage is caused, whether in contract, breach of statutory duty, tort (including negligence) or otherwise.
Please note that whilst you may be able to take out insurance in respect of any of these items, this does not alter the provisions set out in this clause 6.11 in any way.
6.12 (a) We shall not, in any circumstances, be liable to you for any damage caused arising directly or indirectly as a result of any of the Excepted Risks.
(b) If at any time we are prevented or delayed from starting, carrying out or completing any of the Services because of a strike, lock out, labour dispute, weather conditions, traffic congestion, mechanical breakdown or obstruction of any public or private road or highway or any other cause beyond our control, you shall have no claim for damages against us for any loss that you may suffer as a result PROVIDED that, where the delay is caused by the mechanical breakdown of one of our vehicles, we shall use our best endeavours to provide a replacement vehicle with the minimum delay practicable.
(c) We shall not in any circumstances be liable for any late delivery or missed delivery or failure to deliver caused by or contributed to by any deficient or ambiguous labelling of a Consignment and you agree to be responsible for ensuring that such labelling is clear and unambiguous.
6.13 If our performance of any of our obligations under this Agreement is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (“Your Default”):
(a) we shall (without limiting our other rights or remedies) have the right to suspend performance of the Service(s) until you remedy Your Default and, and we shall have the right to rely on Your Default if Your Default prevents or delays our performance of any of our obligations;
(b) we shall not be liable for any costs or losses that you may suffer that arising directly or indirectly from our failure or delay to perform any of our obligations; and
(c) you shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from Your Default.
7.1 If we are requested to collect from, or deliver a Consignment to, a country outside of the United Kingdom our terms of liability (subject to clause 7.2 below) shall be governed by the relevant provisions of the Convention on the Contract for International Carriage of Goods by Road as set out in the Schedule to the Carriage of Goods by Road Act 1965 (as amended) (“the CMR Regulations”) and, in particular, articles 17 onwards and those provisions shall be deemed to be incorporated into this Agreement and will apply in place of any inconsistent terms within this Agreement. We can provide a copy of these provisions if requested, but even if these are not requested you will be deemed to have read, understood and agreed to them and their incorporation into this Agreement.
7.2 If the carriage of any Consignment occurs by air travel and involves stopping in a country other than the country of departure then the Montreal Convention as amended shall be generally applicable to such part of the carriage as occurs by air and, in particular, our maximum liability in respect of loss of or damage to any such Consignment during air travel shall be limited to the amount set out in the Montreal Convention (namely £1,870 per ton of the gross weight (i.e. including any and all packaging) of the Consignment).
7.3 We shall not be responsible for any local customs charges, import taxes or duties or any similar charge(s) incurred through our carriage and/or delivery of any Consignment and you must satisfy yourself as to whether any of these charges will become due, and if so in what amounts, before completing an order with us. If any such charges become due as a result of our carriage and/or delivery of a Consignment on your behalf and are charged to us by any competent authority you agree to reimburse us fully in respect of the same within 7 days of our demand.
7.4 The provisions at clause 8.6 shall apply to this clause 7.
8.1 We shall not be liable to you under any circumstances for any loss or damage unless you notify us either via our website OR by written notice to Unit 5-6 Easter Park, Axial Way, Colchester, CO4 5WY within:
(a) 10 days of collection or despatch of the Consignment in the case of damage to all or part of a Consignment or loss of all or part of a Consignment;
8.2 Once your Claim has been submitted to us it will undergo a review procedure, we will will then decide whether we are able to make an offer to settle your Claim.
PLEASE NOTE - This process can take up to up to 6 weeks from date of submission as we may require to follow sub-contractor claims procedures of this time frame.
8.3 You will be notified of our decision of whether we are able to settle your Claim or what offer we are prepared to make (“Our Offer”) by email.
8.4 We may request further information and documents to assist with your Claim and these must be provided within the prescribed time frame.
8.5 Any payments relating to your Claim will be made only to the registered account holder.
8.6 LIABILITY FOR LOSS AND DAMAGE AND DELAY
(a) Subject to the provisions of this Condition 18.6(i) and Conditions 6, the Company shall be liable for any physical loss of, or physical damage to, goods during transit, except to the extent that such loss or damage has arisen from or consists of:
(i) the Customer or Consignee not taking or accepting delivery within a reasonable time;
(ii) a breach of any of the Customer warranties, including insufficient or improper packing, labelling or addressing, including incorrect or missing postcode information;
(iii) loss, damage or breakage of articles of, or for that part of any articles that comprise of goods which are not accepted for carriage or storage by the Compan;
(iv) any special handling requirements in respect of the goods which have not been notified to the Company;
(v) any act or omission of the Customer or owner of the goods or of the servants or agents of either;
(vi) inherent liability to wastage in bulk or weight, latent defect or inherent defect, vice or natural deterioration of the goods, wear and tear, depreciation, moths, vermin, or the effect of any process of cleaning, dyeing or restoring any article;
(vii) delay in providing the Company with safe and adequate access and/or delivery instructions;
(viii) act of God;
(ix) seizure under legal process;
(x) defect of any equipment supplied by the Customer or the receiver of the goods or any negligence of the Customer’s servants or agents;
(xi) any force majeure even;
(xii) fraud by the Customer or the owner of the goods or the servants or agents of either.
(b) For the avoidance of doubt, where the Consignment was not in transit or in storage (as defined in Condition 8) at the time of the loss and/or where the Consignment does not have a Scan Record showing that the goods were provided to the Company, then the Company shall not be liable for loss or damage to the goods.
(c) Where the Customer selects a Service and the Company delivers any Consignment after the time envisaged by the selected Service (whether in contract, tort, negligence or otherwise and howsoever arising) no refund or reduction in service cost will be provided. Delivery times are based on typical service performance and are not guaranteed.
Consignments Returned to Sender
8.6 If a Consignment is Returned to Sender, and sufficient contact information has been provided at time of service purchase, we notify the customer and inform them that they have 30 days in which to collect the Consignment.
If the consignment is not collected within this time frame we reserve the right to dispose of the consignment. We shall not be liable to you under any circumstances for any loss caused by us exercising this right and you failing to collect the consignment in the timescales specified.
8.7 If a Consignment is Returned to Sender, and insufficient contact information has been provided at time of service purchase, we will keep the item for a maximum of 60 days.
If the consignment is not collected within this time frame we reserve the right to dispose of the consignment. We shall not be liable to you under any circumstances for any loss caused by us exercising this right and you failing to collect the consignment in the timescales specified.
9.1 We shall assume, for the purposes of this Agreement, that you are the sole owner of every item dispatched in the Consignment but if any other person makes a claim against us for loss of or damage to any such items beyond our liability to you then you agree that you shall indemnify us against any losses or liabilities that we suffer through that claim (including all legal costs and expenses) and you agree that we shall have no liability to you in these circumstances, regardless of whether such claims exceed any limitations of liability set out in this Agreement.
9.2 You agree to indemnify us against any losses or liabilities that we may suffer through the loss of, or inability to deliver, a Consignment caused by deficient or ambiguous labelling of such Consignment.
9.3 You agree to indemnify us against any losses or liabilities that we may suffer through a breach by you of any of your obligations set out in clause 11.
10.1 If you are a business customer with a business account then:
(a) you shall make payment to us within 14 days of the relevant invoice being issued to you, such invoice to be issued monthly in arrears;
(b) without limiting any other right or remedy of ours, if you (as a business customer only) fail to make any payment due to us by the due date for payment, we shall have the right to charge interest on the overdue amount at the rate of 8% per annum above the then current Bank of England’s base lending rate accruing on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly;
(c) you shall pay all amounts due under this Agreement in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. We may, without liming our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.
10.2 If you are not a business customer with a business account you shall pay all charges applicable in respect of the Service(s) provided by us in accordance with the payment terms set out in the Service Order.
10.3 Should the provision of any Service(s) mean that we have to deliver a Consignment on a bank or other public holiday we shall be entitled to make a reasonable extra charge for any additional costs incurred by us as a result.
10.4 All charges stated, whether by invoice or in the Service Order, shall be exclusive of any applicable value added tax which shall be added to the total sum payable to be repaid by you.
10.5 From time to time, we may provide you with a discount code to be used with your order. You may only use a discount code once, with one order.
10.5 In the event that you use the same discount code with more than one order, we may, at our absolute discretion:
(a) cease trading with you and/or your business; and/or
(b) remove your ability to place orders with us; and/or
(c) intercept your Consignment(s) and re-direct it to our depot in Bolton. An administration charge of £15.00 per Consignment is applicable, should you wish for the Consignment(s) to be re-shipped and/or collected.
11.1 You agree to:
(a) ensure that the information you supply in the Order Schedule is complete and accurate;
(b) co-operate with us in all matters relating to our provision of the Service(s);
(c) provide us with access to your premises, office accommodation and other facilities as reasonably required by us if any of these are to be the Collection Point or Delivery Point and be responsible for ensuring that the premises are free of hazardous materials and do not pose a health and safety risk to us;
(d) provide us with such information and materials as we may reasonably require in order to supply the Service(s) and ensure that such information is accurate in all material respects.
11.2 You agree that we shall not be required, and that you shall not cause us, to carry anything if it would be illegal or unlawful for us to do so (either in the UK or any country to which a Consignment is to be delivered). You agree that should you do this, you will indemnify us against any losses and/or damage that we may suffer as a consequence.
11.3 We will not, without specific separate written agreement, carry: livestock; liquids; perishable goods; gasses; pyrotechnics; arms; ammunition; corrosive; toxic; flammable; explosive; oxidising or radioactive materials. In addition we will not carry any items which are on our prohibited list above.
11.4 We reserve the right to refuse to carry any parcels which are neither the property of, nor sent on behalf of, you.
11.5 You understand that:
(a) All Consignments shall be accepted at the Delivery Point and that the recipient shall give our driver an appropriate receipt and you agree that this receipt shall be conclusive evidence of delivery of the Consignment by us. This clause 12.5(a) shall not apply where such receipt is obtained as a result of fraud, collusion or dishonesty on the part of our driver.
(b) If there is a strike by any employees of yours, or the employees of any person receiving delivery, then you agree that our representative shall not be asked to perform any additional duties or any duties of a strike-breaking nature.
12.1 Unless specifically agreed otherwise, “working days” do not include Saturdays, Sundays or public holidays.
12.2 We will not provide any refund or reduction of charges if we receive less than the number of parcels for which you have contracted.
13.1 This Agreement, the Order Schedule, the CMR Regulations and the Montreal Convention (so far as they are applicable) shall constitute the entire contract between us and you and the contract shall not incorporate, or be deemed to incorporate any provisions of any other documents. In addition, this contract and the documents referred to above shall supersede any previous contract, warranty or representation made or given by us relating to the Service(s) set out in the Order Schedule.
14.1 No variation, amendment or cancellation of the terms of this Agreement (other than the Order Schedule) shall be binding upon us unless and until it is confirmed in writing by a director of us and, for the avoidance of any doubt, it is declared that no person other than a director has authority to negotiate or enter into any commitment on behalf of us which would or might (but for this clause) involve us in any legal liability whatsoever.
15.1 This Agreement may be terminated by either party giving to the other one month’s written notice of its desire to terminate this Agreement. This Agreement may also be terminated immediately if the other party breaches any of its obligations under this Agreement or (in the case of an individual) becomes bankrupt or (in the case of a company) goes into liquidation other than for the purposes of reconstruction or amalgamation, or has an administrator or receiver appointed over any of its or his property or income or make any deed or arrangements with or for the benefit of his or its creditors.
15.2 On termination of this Agreement for any reason:
(a) you shall immediately pay to us all of our outstanding unpaid invoices and interest and, in respect of Service(s) supplied where the Consignment has been delivered but for which no invoice has been submitted, we shall submit an invoice, which shall be payable by you immediately on receipt;
(b) in respect of a Consignment which has already been paid for and which has been received but not yet delivered, then we shall deliver such Consignment in accordance with the terms of this Agreement;
(c) in respect of a Consignment which has not been paid for but which we have received but not delivered, we shall return the Consignment to you.
(d) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of this Agreement which existed at or before the date of termination or expiry; and
(e) clauses which expressly or by implication have effect after termination shall continue in full force and effect.
16.1 This agreement and any dispute arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
16.2 You irrevocably agree, for our sole benefit that, subject as provided below, the courts of England and Wales shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual claims). Nothing in this clause shall limit our right to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions prevent us from taking proceedings in any other jurisdictions, whether at the same time or not, to the extent permitted by the law of that other jurisdiction