Terms and Condition
The terms and Conditions written below set down the basis on which the carrier Prism Precision LTD will carry goods for the Customer (definitions of Carrier and Customer are defined in section 1).
Prism Precision LTD is not and does not contract as a common carrier. The Conditions may not be altered or varied in any way except by agreement in writing and signed by a director of the Prism Precision LTD. The Conditions cannot and do not override any Statutory provisions imposed by Law or the application of any applicable International Conventions.
It is the Customer’s duty and responsibility to read and understand these Conditions which will form the basis of the Contract under which any claims or disputes are settled.
It is recommended that Customers seek professional legal advice to ensure adequate insurance is provided for their goods in transit.
The Carrier is not a common carrier and accepts at its sole discretion Consignments for carriage under these Terms and Conditions.
Definitions
• “Carrier” means Prism Precision LTD, which, unless the context requires otherwise, includes any sub-contractor appointed by the Carrier.
• “Customer”means the person or company who contracts for the services of the Carrier, including any other carrier who gives a Consignment to the Carrier for carriage.
• “Contract” means the contract of carriage between the Customer and the Carrier, which shall be made subject to these Terms and Conditions.
• “Consignee” means the person (corporate or otherwise who may or may not be the Customer) to whom the Carrier contracts to deliver the consignment.
• “Consignee” means the person, company or representative of the company to whom the Carrier contracts to deliver the Consignment.
• “Consignment” means any item or items the Prism Precision LTD carries for the Customer at one time in one load or from one address to another in bulk or contained in one parcel, package, container or envelope, as the case may be, or any separate number of parcels, packages, containers or envelopes sent at one time in one load by or for the Customer from one address to one address. For the avoidance of doubt, the expression “goods” shall include papers and documents other than those expressly excluded in these Terms and Conditions
• “Company” means Prism Precision which is a trading name of Prism Precision LTD whose registered office is at 24 Waterloo Walk Kings Hill West Malling Kent ME19 4QS.
• “Pallet” means the structure on which the Goods are loaded whose dimensions must not exceed a base of 1.20m by 1.00m, 1.7m in height and 1200kg in weight, unless the delivery will require a tail lift, in which case, the pallet must not exceed 500kg in weight.
• “Booking Specifications” means the booking particulars as provided by the Customer including but not limited to the collection and delivery addresses.
• “Day” Day means any day Monday to Sunday inclusive other than a Bank or Statutory Holiday, including the delivery day and the day on which any claim or notification is first made.
• 9 “Alternative Dispute Resolution” means any procedure agreed by the par ties for the resolution of disputes other than those involving formal arbitration or litigation.
Authority and Sub-Contracting
• Prism Precision LTD and any other carrier employed by the Carrier may employ the services of any other carrier for the purposes of fulfilling the contract in whole or in part and the name of every such other carrier shall be provided to the Customer upon request.
• The Customer warrants that he is either the owner of the goods in any Consignment or is authorised by the owner to accept these Terms and Conditions on the owner’s behalf.
• Unless written instructions to the contrary are received from the Customer, the Carrier may, at its sole discretion, sub-contract part or the whole of the consignment.
Delivery & Collection
• Goods will be collected from the address details provided by the customer on the booking specification. If the goods need to be collected from a different location or address then Prism Precision LTD or the carrier should be notified as soon as possible as the customer’s responsibility. In these circumstances the Company reserves the right to charge an additional fee.
• The Customer will be responsible for ensuring that the goods are ready and adequately packaged for collection as well as well labelled and safe for transportation.
• The Customer will be responsible for ensuring easy access to the collection and delivery addresses and notify the Carrier of any potential issues that may arise while accessing the collection and delivery addresses.
Loading and Unloading
• Prism Precision LTD and the Carrier shall not be required to provide additional services other than the service for the carriage of the Consignment from the designated place of collection to the designated place of delivery unless any such service has been requested by the Customer and agreed by the Carrier in writing, prior to collection or delivery being made.
• Prism Precision LTD and the Carrier shall not be liable for any loss or damage caused as a result of negligent acts committed by the Consignor or Consignee or their servants or agents in assisting with loading and/or unloading and the Customer shall indemnify the Carrier against any claims for death or personal injury.
Statutory Rights
• The Customer’s statutory rights are not affected by these Conditions. Nothing in this Clause shall limit or exclude the Company’s liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
Governing Law and Jurisdiction
• These Terms and Conditions and all Contracts shall be governed by and construed in accordance with the Laws in England and any proceedings in relation thereto shall be subject to the exclusive jurisdiction of the English Courts.
