TERMS AND CONDITIONS
Please read ParcelWorks Ltd’s (trading as newparcel.1devserver.co.uk) Terms and Conditions below with proper care and attention and pay particularly attention to clauses in bold which set out the extent of our liability under these T&Cs and provide for an indemnity by you in certain cases.
Please check all parcel Consignments before booking your shipment to ensure they contain no dangerous goods or prohibited Items by carrier or illegal items as determined by individual country regulations/law.
We reserve the right to deal with any prohibited Items at our sole discretion without being liable in any way to you or the recipient of the Consignment. We have the right to dispose of any these Prohibited Items, in whole or in part, as we decide and reserve the right to charge you for any reasonable costs we incur in doing so.
Shipping internationally requires more information that domestic shipping and it is up to you the consumer (or business) to ensure you have provided accurate information.
We do not accept any liability for loss or damage resulting from your provision of incorrect information.
It is you responsibility to ensure the Consignment is properly packaged for international shipment. If you are not sure on anything you must contact us before booking your Consignment.
Standard Terms of Contract
In these Terms and Conditions where the following terms are used, they shall have the following meanings:
(a) “Consignment” means any item/parcel/package received by ParcelWorks to deliver to any recipient at any address.
(b) “Damaged Consignment” means a Consignment that is no longer in the condition in which it was received by us, or which is or becomes a health and safety risk.
(c) “Over Sized” a Consignment is said to be Over Sized if it is outside of the weight and dimensions that is stated as allowed.
(d) “Prohibited Items” means items that cannot be carried on any Service used by ParcelWorks Ltd and is defined as including any items which fall under “Dangerous Goods” or “Illegal Items”.
(e) “Purchased” means when you accept the Service Order.
(f) “The Collection Point” means the address at which a Consignment is received or collected by us.
(g) “The Delivery Point” means the address to which any Consignment is delivered by us.
(h) “The Excepted Risks” means:
(i) war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power, or loot, sack or pillage in connection, and/or (ii) ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, and/or (iii) radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component of the same, and/or (iv) pressure waves caused by aircraft and other aerial devices travelling at the speed of sound or faster, and/or (v) the absence, failure or inadequacy of the packing or packaging used for a Consignment.
(i) “The Service Order” means confirmed transaction order summary which displayed during the ordering process in the shipping software.
(j) “This Agreement” means these terms and conditions, together with the Service Order.
(k) “Us, We or Our” means ParcelWorks Ltd, together with its directors, employees any agents subcontractors or couriers acting on its behalf.
(l) “You” means the customer who is contracted with us as set out in the Service Order.
(m) “Returned to Sender”
Consignment may be returned to sender (i.e. to us) if the recipient sends it back to us and you:-
(i) do not accept receipt of that item; (iii) do not pay any outstanding charges; and/or (iii) if the item is delivered and is an Over Sized item for which you nor the recipient pay the underpayment .
(n) “Service” means the service and carriage of a Consignment by us in accordance with the particulars set out in the Service Order.
(o) “Dangerous Goods” means items which cannot be carried on any services provided by ParcelWorks Ltd as definited by:
The Carriage of Dangerous Goods & Use of Transportable Pressure Equipment Regulations 2009, the Chemicals (Hazard Information and Packaging for Supply) Regulations 2009, Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011,the Classification and Labelling of Explosives Regulations 1983 (as amended), goods classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Authority), ADR (European Road Transport Regulation on dangerous goods) and any other goods which are considered as dangerous or hazardous by regulatory bodies governing transport by road or air in any applicable laws, regulations and/or guidelines or which ParcelWorks or its subcontractors are not otherwise entitled to transport due to restrictions placed by airline carriers.(p) “Illegal Items” means items which cannot be carried on any services provided by ParcelWorks Ltd and is defined as any item prohibited (restricted) to be imported, exported, carried and/or used by the law or regulation of any government or public or local authority of any country where the goods are to be carried, stored or transported.
2. ParcelWorks Ltd Obligations
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 quoted to you in the service order and in accordance with the terms of this Agreement and any future agreements.
We have the right to make any changes to the Service(s) at any given time and it is up to you to search out details of our current service level.
3. Collection, ‘Drop Off’ and Deliveries
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.
Any Consignment (or part of a Consignment) requiring any 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.
We will make the number of attempts to deliver a Consignment that are stated on the destination Country information page. These can be found by navigating from the homepage. A delivery receipt will be provided where possible (see tracking information where provided).
If we are unable to deliver, the Consignment will be handled and processed according to the specific in-Country procedures which may vary from time to time.
If the Consignment has become a damaged and cannot be delivered because it is in our reasonable opinion is likely to be unsafe hazardous or harmful we reserve the right to dispose of the Damaged Consignment immediately.
For Consignment’s ‘droped off’ to our partners’collection shops you will agree to their specific terms and conditions and we will not be liable for any changes to those agreements and not liable to ‘them’ for ‘you’ breaching such agreements.
4 Network Providers
You agree that we may use multiple carriers and providers in order to support our provision of these services to you (this will be at our own expense and time) and you agree that all carriers shall be entitled to the protection of all of the terms of this Agreement which exclude or limit liability for any losses or damage.
5 Duty Calculation
Any duty calculation provided is based on the accuracy of the information you provide. Further, the destination Customs office may have different views about the contents of your Consignment than you or we do and we may re-classify your Consignment or part Consignment and charge the difference.
We shall not be held liable for any duty or import taxes due from miscalculation and we will charge your payment method for any additional duty fees or via invoice depending on the offered payment terms.
6 Our Liability
*Please read this with extreme care and attention.*
If you are a consumer, nothing within these terms and conditions shall be deemed to affect your rights under the Unfair Contract Terms Act 1977. If 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 customers set out next.
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.
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 can still occur as a consequence of our handling or our carriers’ handling of it and in such circumstances, our liability shall be limited as set out in these following points:
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 find out 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) It is not viable to provide unlimited compensation for our full potential liability to all of our customers. You should consider purchasing further insurance for your Consignment if we do not offer such insurance;
(c) As a deferred service costs of providing the Service(s) are reflective of the service;
(d) We wish to limit our liability for any damage caused to you to levels which we consider are fair and proportionate to the costs of our Services.
(e) In these Terms and Conditions, damage to you means any damage suffered by you (including any loss of any type), 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);
(f) We investigate all claims received by us in a fair and efficient manner. You agree to allow as much time as is needed to perform such investigations.
7 The Full Extent of our Liability
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 agreement.
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.
8 We shall not be liable to you:
a) under any circumstances where there are any material discrepancies (meaning more than 1% ) between the declared dimensions and weights and the actual dimensions and weights.
b) in any circumstances in respect of the items on the Prohibited items; No Compensation items lists, unless otherwise stated by us; and any other information contained in the various Country information pages.
9 The Limitation on the Amount of our Liability
Please ask about the level of cover at time of booking. We will not be held liable for sums above these amounts.
Please take out further insurance if these values do not satisfactorily cover your Consignment in your opinion.
Any value of the Consignment will be subject to depreciation and cover is limited to the cost price of the item not the RRP.
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 or injection into the network of the Consignment, you have a copy of these.
We have the right to claim ownership to any Consignments we pay claims out on regardless of what the amount was.
We have the right to inspect, or send our agents to inspect, any damaged items and failure to allow this will render the claim null and void.
10 Prohibited Items
We do not accept liability for any loss, damage to or damage caused by any of the items listed here. This also applies to items which may be listed elsewhere on www.newparcel.1devserver.co.uk. It is your responsibility to check if your items are allowed, by ParcelWorks Ltd, our carriers and the desitination’s Customs office.
11 Special Provisions
(a) We shall not, in any circumstances, be liable to you for any damage arising directly or indirectly as a result of any of the Excepted Risks.
(b) You have no claim to damages if service is interrupted by anything out of our control.
(c) We shall not in any circumstances be liable for late delivery,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 and not damaged. You are responsible for printing your own labels using the supplied software and all barcodes and Consignment numbers must be readable visually and all barcodes must be able to be scanned.
12 Refunds & Claims
We shall not be liable to you under any circumstances for any loss or damage unless you notify us via email at firstname.lastname@example.org within:
(a) 7 days of delivery of the Consignment in the case of damage;
(b) and in all other cases (including, but not limited to, loss of the whole of a Consignment) within 28 days from when the Consignment was collected or received by us.
Please read our full refund policy.
15 Making a Claim
The procedure for applying for a claim for loss, damage, or refund (“Claim”) is as follows:-
(a) eMail email@example.com requesting a claims form. (b) Complete & return the claims form.
Once your Claim has been submitted to us we will review it before deciding whether or not we will settle your Claim.
You will be notified of our decision of whether we are able to settle your Claim or what offer we are prepared to make.
If you choose to accept the offer you are required to do so in writing.
16 Consignments Returned to Sender
If a Consignment is Returned to Sender and arrives at our facilities we shall give you 14 days in which to collect the Consignment, failing which we reserve the right to dispose of it. 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.
We have no obligation to forward these consignments to yourselves.
17 Your Indemnity
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 whatsoever to you in these circumstances.
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.
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 this agreement.
If you are a business customer with a business account then: (a) you shall make payment to us within 7 days of the relevant invoice being issued; (b) if you fail to make any payment due to us by the due date for payment, we shall have the right to charge the full amount and “late payment fee” of 5%;
(c)Any credit agreement can be withdrawn by US at anytime and any outstanding payment due must be paid immediately.
All quotes stated will be exclusive of any applicable VAT unless stated otherwise. You will be required to pay the quotation price plus VAT, where applicable, in order for you order to be dispatched.
18 Worldpay ‘Pay Per Shipment’
Please see Worldpays terms and conditions for use of their gateway.
All payments taken by ParcelWorks Ltd via the Worldpay gateway are based on the information you have provided in the booking form and no refunds will be given for Consignments held at customs or not delivered or delayed, because of any reason out of our control.
19 Your Obligations
You agree that we shall not be asked or required to carry anything that is illegal or unlawful in the UK or any other destination country. You agree that should you do this, you will indemnify us against any losses and/or damage that we may suffer as a consequence.
We will not carry “Illegal Items”; It is your responsibility to check if good fall under this category.
“Working days” do not include Saturdays, Sundays or public holidays including holidays which are in the UK or in the destination Country.
20 Agreement Termination
This Agreement may be terminated immediately if you breaks any of its terms and conditions. When We Terminate:
(a) you shall pay to us all of our outstanding unpaid charges.
(b) in respect of a Consignment which has already been paid for and which has been received by us but not yet delivered, then we shall deliver such Consignment in accordance with the terms of this Agreement;
These terms and conditions shall be governed by and construed in accordance with the law of England and Wales and you hereby submit
The registered address of ParcelWorks Ltd is 1 Long Cottages, Church Street, Leatherhead, Surrey, KT22 8EJ. Please note we do not accept or hold parcels at this address and do not accept returns at this address either.