Terms and Conditions
Terms & Conditions
GENERAL:
1. These Terms and Conditions set out the only agreement made each time the Customer as sender of Post (letters, packets or goods) instructs Zip Mail Ltd (Zip Mail) to collect or receive a Consignment of Post and effect the delivery thereof. Further conditions may be applied by Zip Mail to particular Consignments through a written quotation or current price list. Further details are at www.zip-mail.co.uk
2. These Terms shall be governed by English law and the Customer’s statutory rights and entitlements are not affected. The invalidity or unenforceability of any provision shall not affect other parts of these Terms and Conditions. Transportation legislation and the Postal Services Act shall be deemed to be incorporated into these Terms.
3. Under the Regulation of Investigatory Powers Act 2000 the Customer is hereby notified that Zip Mail’s telecommunications may be monitored in order to establish the existence of facts, ascertain compliance with regulatory or self-regulatory procedures, for training and quality control, and for preventing or detecting crime.
CUSTOMER’S OBLIGATIONS:
1. To adequately address and package each item of Post to enable Zip Mail to make safe and effective delivery. Full street and postcode details are required as Zip Mail cannot deliver if only a PO Box number or only a postcode is given. If appropriate, the Customer should retain duplicate copies or arrange insurance of valuable documents and contents;
2. To indemnify Zip Mail against all fines, claims, costs or expenses arising from the conveyance of the Customer’s Post and warrant that the contents of the Post are safe and acceptable for transportation. Hazardous materials or dangerous goods prohibited or restricted by Government or other relevant organisations are unacceptable for conveyance by Zip Mail as are pornography, illegal drugs or uninsured precious items;
3. To notify Zip Mail in advance of the quantity, weight and format of each consignment of Post and present it correctly in the appropriate trays, sacks or pouches together with the fully completed Zip Mail documentation and ensure that the Customer’s employees, agents and sub-contractors co-operate with Zip Mail;
4. To pay in full for the costs of services supplied by Zip Mail in advance or within the credit limit agreed in writing by Zip Mail. Charges under the Late Payment of Commercial Debts (Interest) Act will additionally be payable by the Customer and Zip Mail can exercise a lien on or withhold delivery of Post if debts are unpaid (see Prices and Payment below).
ZIP MAIL’S OBLIGATIONS:
1. To use all reasonable means to secure the safe and timely delivery of Customer’s Post to the addresses provided. Zip Mail reserves the right to convey Post by any route or carrier it deems appropriate but delivery times are not guaranteed by Zip Mail;
2. Wherever possible, to return undeliverable items to the Customer stating the reason for non-delivery. Zip Mail may charge for returning items if addresses are not up to date or attempted delivery was made by another postal service;
3. Not to be liable for any loss or damage or delay in the carriage or delivery of Post which is beyond the control of Zip Mail. Liability for Customer’s Post whilst it is within Zip Mail’s control or custody shall be limited to the payment by way of damages of a sum of £10 per consignment or the value of the delivery fees due to Zip Mail, whichever is the greater. Zip Mail shall not be liable for consequential losses in any circumstances;
4. To investigate and deal promptly with any claim made by a Customer. Claims must be made in writing within 28 days of the day that an item of Post should have reached its destination.
OVERSEAS POST:
Liability for transportation of Post outside the UK shall be governed by the Warsaw Convention and, where necessary, the Customer authorises Zip Mail to complete waybills and customs documentation as its agent, including inspection of contents if necessary.
PRICES AND PAYMENT:
1. The prices or charges specified in Zip Mail’s price lists or in a contract are related to Zip Mail’s costs of obtaining and producing work using labour and materials. If there is an increase in such costs, including increases attributable to alterations in tax, duty, or in Zip Mail’s supplier prices Zip Mail shall be entitled to increase its charges in respect of any Post delivered subsequent to that increase.
2. Zip Mail may require that all or part of the purchase price or other charges for work shall be paid in advance, or on account, and sums so demanded shall be payable by the Customer before work commences, any balance remaining payable as otherwise provided hereunder or as separately provided.
3. The Customer may request Zip Mail to agree credit account facilities. Zip Mail may require references to be provided and if account facilities are agreed Zip Mail will confirm this in writing to the Customer setting a maximum period for credit and a figure in pounds sterling which shall be the upper limit to which credit shall be allowed. Zip Mail reserves the right to suspend or vary the Customer’s credit limit at its sole discretion without notice and without necessarily giving reasons for so doing. Unless otherwise specified, all prices and charges for goods supplied within the European Union must be paid net within 30 days of the date of the relevant invoice without any deferment or set-off on account of disputes or cross-claims.
4. Should the Customer default in payment on the due date of any sum, Zip Mail shall without prejudice to any other right be entitled to interest on the outstanding sum calculated in accordance with the Late Payment of Commercial Debts (Interest) Act.
5. In the absence of credit account facilities having been properly agreed and confirmed in writing by Zip Mail, or in the event that the Customer having been allowed credit account facilities has placed orders exceeding the credit limit, all sums payable to Zip Mail shall be met in full immediately upon Post being delivered for or collected from the Customer.
6. Unless otherwise provided all sums shall be payable in sterling at Zip Mail’s principal place of business in the United Kingdom. Should payments in a different currency be provided and accepted by Zip Mail, all bank charges, customs or other duties or taxes whatsoever which may be levied in any territory shall be borne by the Customer and the Customer shall indemnify Zip Mail in respect of all such costs and expenses and all other payments including any penalties fines or forfeitures incurred in connection therewith.
7. Zip Mail shall, without prejudice to any other right and without incurring any liability to the Customer, be entitled to withhold any deliveries of or to refuse to supply or to return any Post to the Customer, or to any other person or place, or to refuse to allow the Customer to collect or have access to Post prepared, completed or in hand, where the Customer either fails to pay accounts in accordance with these Conditions or as separately agreed or becomes bankrupt, or has a Receiver appointed for all or any part of the Customer’s assets or business, or goes into liquidation or makes any compromise with its creditors.
8. Zip Mail shall, without prejudice to any other right, be entitled to exercise a general lien or right of retention on all Post, goods and/or property in Zip Mail’s possession which are the Customer’s property against settlement of all debts, damages or other sums due to Zip Mail from the Customer.