Terms and conditions
The Customer’s attention is drawn to the clauses hereof which exclude or limit the Company’s liability and those which require the Customer to indemnify the Company in certain circumstances. The Company is not a common carrier and accepts parcels and goods for carriage only upon that condition and upon the terms and conditions set out below.
DEFINITIONS AND APPLICATION
1.In these Conditions:
“Company” means PARCEL IRELAND, 7 Lower Ormond Quay, Dublin 1, Ireland
“Person” includes persons or anybody, or bodies corporate.
“The Owner” means the Owner of the parcel and / or the goods (including any packaging, containers or equipment) to which any business concluded under these General Terms and Conditions relates, and any other person who is or may become interested in them.
“Customer” means any person at whose request or on whose behalf the Company undertakes any business or provides advice, information or services.
“Parcel” means a package with a maximum weight of up to 50kg, a maximum combined length and girth of 3 metres, a maximum length of 2 metres, a maximum height of 0.6 metres, and a maximum width of 0.8 metres.
2. (A) Subject to Sub-Clause (B) below, these General Terms and Conditions shall exclusively govern all activities performed by the Company, whether gratuitous or not, concerning the dispatch, handling, transhipment, storage and all arrangements for the carriage of Parcels within Ireland and abroad, no matter if performed by the Company itself, or by a third party assigned by the Company, notwithstanding any terms and conditions (oral or written) or purported variation from the provisions hereof contained in any correspondence submitted by the Customer, unless specifically agreed to in writing by a general manager or managing director of the Company.
(B) If any legislation is compulsorily applicable to any business undertaken, these General Terms and conditions shall, as regards such business, be read as subject to such legislation and nothing in these Conditions shall be construed as a surrender by the Company of any of its rights or immunities or as an increase of any of its responsibilities or liabilities under such legislation and if any part of these Conditions contravene such legislation to any extent such part shall as regards such business be overridden to that extent and no further.
3. The Customer warrants that he is either the Owner or the authorised agent of the Owner and also that he is accepting these Conditions not only for himself but also as agent for and on behalf of the Owner.
4. In authorising the Customer to enter into any contract with the Company and / or in accepting any document issued by the Company in connection with such Contract, the Owner and the consignee accept these General Terms and Conditions for themselves and their agents and for any parties on whose behalf they or their agents may act, and in particular, but without prejudice to the generality of this Clause, they accept that the Company shall have the right to enforce against them jointly and severally any liability of the Customer under these Conditions, or to recover from them any sums to be paid by the Customer which upon proper demand have not been paid.
5. (A) Subject to Clauses 13 and 14 below, the Company shall be entitled to procure any or all of its services as an agent or to provide those services as a principal.
(B) The offer and acceptance of an inclusive price for the accomplishment of any service or services shall not itself determine whether any such service or services are to be arranged by the Company acting as agent or to be provided by the Company acting as a contracting principal.
(C) When acting as an agent the Company does not make or purport to make any contract with the Customer for the carriage, storage, packing or handling of any Parcels or goods nor for any other physical service in relation to them and acts solely on behalf of the Customer in securing services by establishing contracts with third parties so that direct contractual relationships are established between the Customer and such third parties.
(D) The Company shall on demand by the Customer, provide evidence of any contract entered into as agent for the Customer. Insofar as the Company may be in default of this obligation, it shall be deemed to have contracted with the Customer as a principal for the performance of the Customer’s instructions.
6. When and to the extent that the Company has contracted as principal for the performance of any of its services, it undertakes to perform, or in its own name, to procure the performance of those services, and subject always to the totality of these Conditions and in particular to Clauses 26-29 hereof, accepts liability for loss of or damage to Parcels taken into its charge occurring between the time when it takes the Parcels or goods into its charge and the time when the Company is entitled to call upon the Customer, consignee or Owner to take delivery of the Parcels or goods.
7. When and to the extent that the Company in accordance with these General Terms and Conditions is acting as an agent on behalf of the Customer, the Company shall be entitled and the Customer hereby expressly authorises the Company to enter into contracts on behalf of the Customer:
(a) for the carriage of Parcels by any route or means or person;
(b) for the storage, packing, transhipment, loading, unloading or handling of the Parcels by any person at any place and for any length of time;
(c) for the carriage or storage of Parcels in or on transport units as defined in Clause 20 and with other goods of whatever nature; and
(d) to do such acts as may in the opinion of the Company be reasonably necessary in the performance of its obligations in the interests of the Customer.
8. (A) The pickup of Parcels will be acknowledged on the documents of receipt provided by the Company. In the event that the sender transfers parcel data to the Company via remote data transmission, the mere transfer of data shall not be deemed as prima facie evidence for the fact that the Parcels listed in the electronic shipping list have actually been consigned to the Company. The Company is not obliged to compare the submitted parcel data with an actual, corresponding inbound parcel scan, unless otherwise explicitly agreed. Therefore, missing notification to the sender about discrepancies between submitted parcel data but inbound scan absence shall not be deemed as acknowledgement of the shipping list or of receipt of the respective Parcel.
(B) The Company shall use its best efforts to deliver Parcels to addressees in Ireland on working days (Monday-Friday, excluding public holidays) within a period of 24 hours (48 hours for delivery to different islands) from receipt by the Company; however the Company does not guarantee delivery within the said period or at all. The Company reserves to itself a reasonable liberty as to the means, route and procedure to be followed in the handling, storage and transportation of Parcels.
9. The Company shall be entitled to perform any of its obligations herein by itself or by its parent, subsidiary or associated companies. In the absence of agreement to the contrary any contract to which these General Terms and Conditions apply is made by the Company on its own behalf and also as agent for and on behalf of any such parent, subsidiary, or associated company, and any such company shall be entitled to the benefit of these Conditions.
10. (A) Subject to Sub-Clause (B) hereof, the Company shall have a general lien on all goods, Parcels and documents relating to goods in its possession, custody or control for all sums due at any time from the Customer or Owner, and shall be entitled to sell or dispose of such goods or documents as agent for and at the expense of the Customer and apply the proceeds in or towards the payment of such sums on 28 days notice in writing to the Customer. Upon accounting to the Customer for any balance remaining after payment of any sum due to the Company and the costs of sale or disposal the Company shall be discharged of any liability whatsoever in respect of the goods or documents.
(B) When the goods or Parcels are liable to perish or deteriorate, the Company‘s right to sell or dispose of the goods or Parcels shall arise immediately upon any sum becoming due to the Company, subject only to the Company taking reasonable steps to bring to the Customer‘s attention its intention of selling or disposing of the goods or Parcels before doing so.
11. The Company shall be entitled to retain and be paid all brokerages, commissions, allowances and other remunerations customarily retained by or paid to companies operating parcel delivery businesses.
12. (A) PARCEL IRELAND carries out two delivery attempts.
(B) If delivery of Parcels is not taken by the Customer, consignee or Owner, at the time and place when and where the Company is entitled to call upon such person to take delivery thereof, the Company is entitled – to deliver Parcels against the signature of any person other than the addressee who can be assumed under the relevant circumstances to be authorised to receive the Parcels. Such persons include, (but without limitation) in particular, neighbours and persons present in the addressee’s premises of the consignee, or – to store the Parcels at the sole risk of the Customer, whereupon the liability of the Company in respect of the Parcels shall wholly cease and the cost of such storage if paid for or payable by the Company or any agent or subcontractor of the Company shall forthwith upon demand be paid by the Customer to the Company.
(C) The Company shall be entitled at the expense of the Customer to dispose of (by sale or otherwise as may be reasonable in all the circumstances):
1. on 28 days notice in writing to the Customer, or where the Customer cannot be traced and reasonable efforts have been made to contact any parties who may reasonably be supposed by the Company to have any interest in the Parcels, any Parcels which have been held by the Company for 90 days and which cannot be delivered as instructed; and
2. Without prior notice, Parcels which content has perished, deteriorated or altered or are in immediate prospect of doing so in a manner which has caused or may reasonably be expected to cause loss or damage to third parties or to contravene any applicable laws or regulations.
13. (A) No insurance will be effected except upon express instructions given in writing by the Customer and all insurances effected by the Company are subject to the usual exceptions and conditions of the policies of the insurance company or underwriters taking the risk. Unless otherwise agreed in writing the Company shall not be under any obligation to effect a separate insurance on each consignment but may declare it on any open or general policy held by the Company.
(B) insofar as the Company agrees to arrange insurance, the Company acts solely as agent for the Customer using its best endeavours to arrange such insurance and does so subject to the limits of liability contained in Clauses 29 hereof.
14. Advice and information, in whatever form it may be given, is provided by the Company for the Customer only and the Customer shall indemnify the Company against any liability, claims, loss, damage, costs or expenses arising out of any other persons relying upon such advice or information. Except under special arrangements previously made in writing, advice and information which is not related to specific instructions accepted by the Company is provided gratuitously and without liability.
(A) The following goods and Parcels are excluded from transportation:
1. insufficiently packed Parcels; computers (desktops, computers, notebooks) and monitors need to be in the original packaging which is appropriate for transport,
2. glass and other goods which require particularly careful treatment in any way (because they are e.g. particularly fragile or can only be transported upright or only lying on a certain side),
3. perishable or temperature-sensitive products, mortal remains, live animals,
4. goods of exceptional value (for example money, any kind of documents worth money (e.g. shares etc.), precious metals, gemstones, genuine jewellery, authentic pearls, antiques, works of art),
5. telephone cards and pre-paid cards for mobile phones,
6. firearms and ammunition,
7. baggage and bottles,
8. from transportation abroad: tobacco products, liquors, personal effects and carnet ATA goods,
9. from airfreight: prohibited goods according to the regulation (EC) No 300/2008 of 11th March 2008 and its implementing rules as amended from time to time,
10. any other Parcels whose value exceeds EUR 1,000.00.
Should any Customer nevertheless deliver any such goods to the Company or cause the Company to handle or deal with any such goods, the Company shall be under no liability whatsoever for or in connection with such goods howsoever arising.
15. (B) The Company may at any time waive its rights and exemptions from liability under Sub-Clause (A) above in respect of any one or more of the categories of goods mentioned herein or of any part of any category. If such waiver is not in writing, the onus of proving such waiver shall be on the Customer.
16. Under no circumstances will the Company accept or deal with Parcels whose content is of a dangerous or damaging nature, or likely to harbour or to encourage vermin or other pests, or liable to taint or affect other goods. If such Parcels are handed over to the Company, the Company reserves the right at the expense of the Customer to remove or otherwise deal with the Parcels.
17. Where there is a choice of rates according to the extent or degree of the liability assumed by carriers, warehousemen or others, no declaration of value where optional will be made except under special arrangements previously made in writing.
18. The Customer warrants that:
1. the description and particulars of any Parcels furnished by or on behalf of the Customer are full and accurate.
2. all Parcels have been properly and sufficiently prepared, packed, stowed, labelled and/or marked, and that the preparation, packing, stowage, labelling and marking are appropriate to any operations or transactions affecting the Parcels and the characteristics of the Parcels.
3. where the Company receives the Parcels from the Customer already stowed in or on a container, trailer, tanker, or any other device specifically constructed for the carriage of goods by land, sea or air (each hereafter individually referred to as “the transport unit”), the transport unit is in good condition, and is suitable for the carriage to the intended destination of the Parcels loaded therein or thereon.
19. Should the Customer deliver to the Company or cause the Company to deal with or handle Parcels whose content is of a dangerous or damaging nature, or likely to harbour or to encourage vermin or other pests, or liable to taint or affect other goods, or should the Customer otherwise than under special arrangements previously made in writing as set out in Clause 14 (A) above deliver to the Company or cause the Company to deal with or handle Parcels whose content is excluded from transport, they shall be liable for all loss or damage arising in connection with such Parcels and shall indemnify the Company against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith, and the Parcels may be dealt with in such manner as the Company or any other person in whose custody they may be at any relevant time shall think fit.
(A) The Customer shall not be entitled to assign any kind of claims against the Company to a third party without the prior written consent of the Company.
(B) The Customer undertakes that no claim shall be made against any director, servant, subcontractor or employee of the Company or one of its subcontractors which imposes or attempts to impose upon them any liability in connection with any services which are the subject of these Conditions and if any such claim should nevertheless be made, to indemnify the Company against all consequences thereof.
20. The Customer shall indemnify the Company against:
1. all liability, loss, damage, costs and expenses whatsoever (including without prejudice to the generality of the foregoing, all duties, taxes, imposts, levies, deposits and outlays of whatsoever nature levied by any authority in relation to the Parcels) arising out of the Company acting in accordance with the Customer‘s instructions or arising from any breach by the Customer of any warranty contained in these Conditions or from the negligence of the Customer, and
2. without derogation from Sub-Clause (A) above, any liability assumed or incurred by the Company when by reason of carrying out the Customer‘s instructions the Company has reasonably become liable or may become liable to any other party, and
3. all claims, costs and demands whatsoever and by whomsoever made in excess of the liability of the Company under the terms of these General Terms and Conditions regardless of whether such claims, costs and demands arise from or in connection with the negligence or breach of duty of the Company, its servants, subcontractors or agents.
1. The Customer shall pay to the Company in cash or as otherwise agreed all sums immediately when due without reduction or deferment on account of any claim, counterclaim or set-off.
2. Should the Customer be in default of full or part payment, the Company is entitled to charge interest on arrears at a rate of 4% above the three-month Euribor rate of the day the payment became due. For as long as the Customer is in default, the interest rate will be adapted to the actual three-month Euribor rate every three months.
22. Despite the acceptance by the Company of instructions to collect goods, Parcels, duties, charges or other expenses from the consignee or any other person the Customer shall remain responsible for such goods, Parcels, duties, charges or expenses on receipt of evidence of proper demand and in the absence of evidence of payment (for whatever reason) by such consignee or other person when due.
LIABILITY AND LIMITATION
23. The Company shall perform its duties with a reasonable degree of care, diligence, skill and judgement.
24. The Company shall be relieved of liability for any loss or damage if and to the extent that such loss or damage is caused by:
1. strike, lock-out, stoppage or restraint of labour, the consequences of which the Company is unable to avoid by the exercise of reasonable diligence;
2. any cause or event which the Company is unable to avoid and the consequences whereof the Company is unable to prevent by the exercise of reasonable diligence.
25. Except for Express Consignments or under special arrangements previously made in writing the Company accepts no responsibility for departure or arrival dates of Parcels.
1. Subject to Clause 2
(B) above and Sub-Clause
(D) below the Company’s liability howsoever arising and notwithstanding that the cause of loss or damage be unexplained shall not exceed
1. in the case of claims for loss or damage to Parcels
(a) the value of any Parcels lost or damaged, or
(b) EUR 50.00 per Parcel, whichever shall be the least
2. in the case of all other claims, except those subject to Clause 26 (B),
(a) the value of the Parcels the subject of the relevant transaction between the Company and its Customer, or
(b) EUR 50.00 per Parcel, or
(c) 75,000 Special Drawing Rights (SDRs) as defined by the International Monetary Fund in respect of any one transaction, whichever shall be the least.
For the purposes of Clause 26 (A) the value of the Parcels shall be their value when they were or should have been shipped. The value of SDRs shall be calculated as at the date when the claim is received by the Company in writing.
2. Subject to Clause 2 (B) above and Sub-Clause (D) below, the Company’s liability for loss or damage as a result of failure to deliver or arrange delivery of Parcels in a reasonable time or (where there is a special arrangement under Clause 25) to adhere to agreed departure or arrival dates shall not in any circumstances whatever exceed a sum equal to twice the amount of the Company’s charges in respect of the relevant transaction.
3. Save in respect of such loss or damage as is referred to at Sub-Clause (B) and subject to Clause 2 (B) above and Sub-Clause (D) below, the Company shall not in any circumstances whatsoever be liable for indirect or consequential loss such as (but not limited to) loss of profits, loss of market or the consequences of delay or deviation however caused.
4. By special arrangement agreed in writing, the Company may accept liability in excess of the limits set out in Sub-Clauses (A) to (C) above upon the Customer agreeing to pay the Company’s additional charges for accepting such increased liability. Details of the Company’s additional charges will be provided upon request.
27. (A) Any claim by the Customer against the Company arising in respect of any service provided for the Customer or which the Company has undertaken to provide can be made in writing to the Customer Service Manager, Slovak Online Ltd under the above mentioned address of the Company and shall be made within one month from date of receipt of item
28. (A) Any claim not made as aforesaid shall be deemed to be waived and absolutely barred except where the Customer can show that it was impossible for him to comply with the above mentioned time limits and that he has made the claim as soon as it was reasonably possible for him to do so. Notwithstanding the foregoing sentence, the Company shall in any event be discharged of all liability whatsoever howsoever arising in respect of any service provided for the Customer or which the Company has undertaken to provide unless suit be brought and written notice thereof given to the Company within nine months of the posting of the item.
JURISDICTION AND LAW
29. These General Terms and Conditions and any act or contract to which they apply shall be governed by the laws of the Republic of Ireland and any dispute arising out of any act or contract to which these Conditions apply shall be subject to the exclusive jurisdiction of the courts of the Republic of Ireland.
30. If at any time any provision of these General Terms and Conditions is or becomes illegal, invalid or unenforceable in any respect under Irish law, that shall not affect or impair the legality, validity or enforceability of any other provision in these General Terms and Conditions.
(These General Terms and Conditions are adapted from the “Standard Trading Conditions of the Institute of Freight Forwarders of Ireland”.) Status: August 2016