Nothing in paragraph 5 above will prevent the customer from approaching Simpsons with a view to securing the services of any Simpsons contractor upon commercial terms to be agreed.
Customers entering into transactions of any kind with the company for the carriage of goods expressly warrant that they are either the owners or the authorised agents of the owners of any goods to which the transaction relates and further warrant that they authorised to accept and are accepting these conditions not only for themselves but also as agents of and on behalf of all other persons who are or may thereafter become interested in the goods. The company reserves the right in its absolute discretion to perform the whole or any part of the relevant services or sub-contract all or any part of them as it thinks fit. Subject to express instructions given by the customer, the company reserves to itself absolute discretion as to the means, route and procedure to be followed in the handling, storage and transportation of the goods. Further, in the opinion of the company it is at any stage necessary or desirable in the company’s interests to depart from those instructions, the company shall be at liberty to do so. The company will endeavour to provide the type of vehicle ordered by the customer but it retains the right, for operational reasons, to provide an alternative on the strict understanding that the customer shall only be liable to pay the rate for the vehicle ordered in accordance with the tariff.
The company shall be under no obligation to provide any additional manpower or facilities for the loading or unloading of any consignments unless specifically requested by the customer in advance and such instructions have been accepted by the company. The company reserves the right to charge the customer for any waiting time incurred by the driver in addition to the time charged for any extra manpower in accordance with the tariff. The customer warrants that all goods entrusted to it for carriage have been properly and sufficiently packed, labelled and/or pre-paid.
Consignments which are in the company’s opinion badly packed will be unpacked and repacked by the company at the customers risk and delivered by the company as soon as reasonably possible. The company reserves the right to make a charge for re-packing. The company shall only be responsible for any loss or damage to the goods, for any non-delivery or miss-delivery, if it is proved that the loss, damage, non-delivery occurred while the goods were in the actual custody of the company and under its actual control and that such loss, damage, non-delivery or miss-delivery was due to the negligence or default of the company.
The company will not accept or deal with bullion, coins, precious stones, jewellery, valuables, antiques, pictures (excluding commercial artworks), livestock and plants except under special arrangements made in writing. Should any customer nevertheless deliver any such goods to the company or cause it to handle or deal with them other than under such arrangements, the company shall under no liability whatsoever for or in connection with the goods however arising. The customer shall indemnify the company against all claims and demands whatsoever and be whosoever made in excess of the liability of the company under these conditions, including any claims made upon the company by HM customs and Excise in respect of dutiable goods consigned in bond and includingall consequences and losses suffered by the company as a result of insufficient or inadequate improper packing, labelling or addressing of the goods or fraud by the customer. All offers made or quotation given by the company for its services are given onthe basis of prompt acceptance by the customer in writing within seven days unless revoked by the company prior to such acceptance. Save in the case of manifest error, the customer acknowledges responsibility for all or any charges raised by the company for services provided and ordered using the customer’s unique account irrespective of who ordered such services. All sums shown to be due to the company on its invoices and sent to the customer shall be paid by the company immediately when due as shown onthe invoice without any deductions and payment shall not be withheld or deferred on account of any claim, counter claim or set off. All credit accounts are strictly 28 days nett from the date of invoice. All outstanding invoices whether on credit accounts or otherwise must be settled on or before the due date for payment.
Invoices shall be payable on the due date as previously stipulated and the company shall be entitled to interest on any overdue payments at the rate of 5% above the base lending rate of National Westminster Bank Plc from time to time until payment of all sums due or judgement in respect thereof whichever is the sooner. The company shall have a general lien against the goods of the customer, or those for which he is responsible as authorised agent, for any monies due from the customer to the company. If such lien is not satisfied within a reasonable time, the company may at its absolute discretion sell the goods or part thereof as agent for the owner and apply the proceeds towards the monies due and the expenses of the retention, insurance and sale of goods and shall, upon accounting to the customer for any balance remaining, be discharged from any liability whatsoever in respect of those goods. If any term or provision contained in theseconditions shall be held to be illegal or unenforceable, in whole or in part, under any enactment of rule of law, such term or provision or part thereof shall to that extent be deemed not to form part thereof shall to that extent be deemed not to form part of those conditions but the validity and enforceability of the remaining terms and provisions of these conditions shall not be affected. All agreements between the company and its customers shall be governed by English Law and shall fall within the non-exclusive jurisdiction of the English courts.
Cut-off time to book overnights for collection in Central London for goods to be sent as next day delivery is 14:00, on Friday next day is classed as Monday. Collections outside London postcodes must be booked before 10:00 in order to be delivered next working day. Collection and delivery are not guaranteed but both usually enjoy a high success rate.
We offer free protection on items valued up to £50, if you require extra insurance please contact us and arrange this before the consignment is collected.
Please take time to check our terms and conditions for advice on packaging and restricted goods.
1.1 Except under special arrangements previously agreed in writing, the Company will not accept or deal with bullion, cash, precious stones, jewellery, valuables, products or other fragile items including portable computer equipment, antiques, pictures (excluding commercial artwork), livestock or plants. The Customer undertakes not to deliver any such items to the Company or cause the Company to handle or deal with any such items otherwise than after making special agreements aforesaid and save only to the extent the Company shall be under no liability whatsoever for or in connection with the Goods or any loss or damage thereto however arising. Notwithstanding any special agreement aforesaid, the Customer will ensure that such Goods may be lawfully collected, carried, stored, delivered, exported and imported into or from any country, region or place without hindrance or undue delay and will indemnify and hold harmless the Company from all fines, penalties, actions, claims, damages, losses, costs and expenses whatsoever and howsoever arising in any jurisdiction that it may suffer or incur in consequence of any breach of any law or regulation permitted or procured by the Customer through acts or omissions of the Company in performing services in relation to the Goods.
1.2 (a) Instructions given to the Company by telephone otherwise than as to the identity of the Customer, the identity of Goods, the address for collection, the address for delivery and the class of service requested shall give rise to no obligation or duty of care upon the Company whether or not those additional telephone instructions are in a whole or part performed or observed by the Company.
(b) In providing suggestions or opinions or advice as to means of transportation services available physical or legal circumstances of carriage or other guidance howsoever described at any time to assist the Customer to formulate instructions or otherwise the Company shall be deemed to provide for information purposes only, and without giving any representation warranty or promise and without having any duty of care to the Customer in respect thereof. The Company shall not be liable for any such information provided or any representation warranty or promise made, save where provided or made fraudulently.
1.3 The Company will use and apply all reasonable efforts and endeavours to effect delivery of Goods within a stipulated period of time as described in its marketing literature in force from time to time where in its opinion it is able to do so, but in expressing any such opinion the Company undertakes no duty of care towards and shall not be liable to the Customer in respect of any failure to do so other than in accordance with these conditions.
1.4 It shall be the responsibility of the Customer to satisfy itself that any load that he wishes to have carried by the Company shall be suitable for conveyance in the vehicle or machine ordered by the Customer and provided by the Company, and if the Customer accepts the vehicle or machine offered by the Company for the carriage of such load, the Company shall have no liability whatsoever for any loss or damage to such load arising from the unsuitability of such vehicle or machine.
1.5 Subject to condition 1.6 the Company shall have no liability in any circumstances for any lawful or unlawful detention of Goods or for any direct loss, damage or deterioration arising therefrom except where (a) the Customer shall have specified to the Company the nature of the Goods and purpose of their transit, and the Company through its Divisional Director shall have agreed in writing with the Customer a time schedule and specification in respect of the transit of the said Goods (b) it shall be proved that such detention, delay, loss, damage or deterioration was directly due to the negligence of the Company.
1.6 Any claim for direct loss or damage made by the Customer resulting from any delayed delivery, misplaced delivery, non-delivery, other breach of contract negligence or for any other reason shall be notified in writing to the Company as soon as reasonably practicable and in any event within 7 days of the date when any information giving rise to a possible claim comes to the attention or ought reasonably to have come to the attention of the Customer. Subject to conditions 1.5, 1.7 and 1.8 and except in respect of death or personal injury caused by the Company’s negligence where any such claim is proven to be due to the fault or negligence of the Company the Company’s liability shall be limited as follows:
(a) Where the Customer has accepted one of the guaranteed delivery services offered by the Company from time to time other than those specified in conditions (b) and (c) below, the Company shall only be required to credit the Customer’s account with the difference in value between the quoted charge for guaranteed delivery service selected by the Customer, and the value of the actual service provided by the Company which credit shall be applied to the Customer’s account with the Company;
b) where the Customer has selected the Same Day or Couriers ground courier service within mainland Britain the Company’s liability to the Customer in respect of any one consignment, shall not exceed the value of Goods carried on such service or £13 per kg whichever is less;
1.7 where the Customer has selected the International or Overnight courier service within mainland Britain the Liability of the Carrier, Sub-Contractors and Simpsons in respect of claims for physical loss, mis-delivery of or damage to goods comprising the Consignment, howsoever arising, shall in all circumstances, subject always to the overall maximum Liability set out in Condition 1(1)(c), be limited to the lesser of:(a) the value of the goods actually lost, mis-delivered or damaged (andthe value of the goods actually lost, mis-delivered or damaged shall be taken to be the replacement cost to the Customer at the commencement of Transit, and shall include any Customs and Excise duties or taxes payable in respect of those goods); or(b) the cost of repairing any damage to or reconditioning the goods; or(c) a maximum of £50 in respect of a “Parcel Consignment” (each of the aforementioned terms being the names of Simpsons’ products, as specified on the Simpsons Website) actually lost, mis-delivered or damaged, as set out in, and subject to Condition 1(2).
1.8. The Carrier’s Liability under Condition 1.6 above shall be subject to the following:(a) the maximum Liability to be taken into consideration shall be only the value of the good(s), or part thereof, actually lost, mis-delivered or damaged regardless of whether the loss, mis-delivery or damage affects the value of other parts of the Consignment;(b) the Carrier shall be entitled to proof of the value of the whole of the Consignment and of any part which is alleged lost, mis-delivered or damaged;(c) the Customer shall be entitled to give the Carrier written notice prior to commencement of Transit requesting that the limitations in 10(1)(c)above be increased. Any increased limit proposed by the Customer shall not exceed the value of the Consignment. The Carrier shall consider the Customer’s request and, if the Carrier agrees to the increased Liability cover, the Carrier shall notify the Customer of the revised carriage charges that the Customer will be liable for in consideration of the increased limit. The Carrier shall be entitled to offer the Customer a different increase to the Liability cover than requested by the Customer. If the revised carriage charges and increased limit is not acceptable to the Customer, then the aforementioned limitations in 1(1)(c) shall continue to apply; and(d) in attempting to reach an agreement pursuant to Condition 1(2)(c) above the Customer shall provide the Carrier with all such information regarding the Consignment as the Carrier shall need to assess any suggested new limit and charges.(3) The Carrier reserves the right to view any Consignment to which a claim is made by the Customer or Consignee within its original packaging. Failure to provide the original packaging will invalidate the claim.
(4) Subject to the other provisions of this Condition 1, including the increased Liability cover cap in Condition(5), the Liability of the Carrier in respect of claims for any other loss whatsoever (including indirect, economic or consequential loss or damage and loss of market), and howsoever arising in connection with the Consignment, shall not exceed the amount of the carriage charges in respect of the Consignment or the amount of the claimant’s proved loss, whichever is the lesser, unless;(a) at the time of entering into the Contract with the Carrier the Customer declares to the Carrier a special interest in delivery in the event of physical loss, mis-delivery or damage or of an agreed time limit being exceeded and agrees to pay a surcharge calculated on the amount of that interest; and(b) at least five (5) Business Days prior to the commencement of transit the Customer has delivered to the Carrier written confirmation of the special interest, agreed time limit and amount of the interest.
The following items (or any item similar in description or content) cannot be carried on any service.
Any person sending such an item may be subject to their order being cancelled or delayed without notice: