About Us - Terms and Conditions
All orders placed on Menzies Parcels are processed by Parcel2Go.com Limited on our behalf. TERMS AND CONDITIONS
The registered office address of Parcel2go.com is Coe House, Coe Street, Bolton, BL3 6BU, United Kingdom.
Please read these Terms and Conditions with care and particularly clauses 3.2, 6, and 9, which set out the extent of our liability under these terms and conditions and provide for an indemnity by you in certain circumstances.
Please note that certain items are Prohibited Items and cannot be sent by any of our Services. Check your item against the prohibited item list here:http://www.menziesparcels.com/prohibited-items#prohib. 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 containing the Prohibited Item(s). We have the right to dispose of any 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.
Certain other items are carried without parcel protection for damage or loss and at your risk. We do not accept any liability for loss of these items or damage to or made by these items caused through the use of our Service. Check your item against the item list not protected here: http://www.menziesparcels.com/prohibited-items#unins. For further details it is important that you read clause 6.11.
Certain other items require more detail from you before they can be sent using our Service. Check your item against the more information required list here:http://www.menziesparcels.com/prohibited-items#moreinf.
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(s) of any sort which are, may be, or are intended to be, received by us from any one sender at an address for us to carry and deliver to any recipient at any other 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) “Out of Gauge” a Consignment is deemed Out of Gauge if it is outside of the weight and dimensions that we carry on a particular service.
(d) “Prohibited Items” means cannot be carried on any Service.
(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 the summary of the order displayed during the ordering process which is confirmed to you in the confirmation e-mail that is sent once acceptance of the order has occurred.
(j) “This Agreement” means these terms and conditions, together with the Service Order.
(k) “Us, We or Our” means Parcel2go.com Limited, 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” A 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 Out of Gauge 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.
2. Our Obligations
2.1 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 set out in the Service Order and in accordance with the terms of this Agreement.
2.2 We shall have the right to make any changes to the Service(s) which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the Service(s) and we shall notify you of any such changes.
2.3 We warrant that the Service(s) will be provided using reasonable care and skill.
3. Loading and Unloading
3.1 If collection or delivery of a Consignment takes place at your premises, 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.
3.2 Any Consignment (or part of a Consignment) requiring any special 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.
4. Collection and Deliveries
4.1 We will make one attempt to deliver a Consignment during normal working hours. If we cannot obtain a delivery receipt at the Delivery Point you agree that we shall be authorised to attempt to deliver the Consignment to, or obtain a delivery receipt from, an alternative address close to the Delivery Point and (if successful) we agree that we will leave at the Delivery Point details of the address to which we have delivered the Consignment. If we are unable to deliver, either to the Delivery Point or a nearby address, we shall return the Consignment to our premises and leave a request for the recipient of the Consignment to contact us to make alternative delivery arrangements to the Delivery Point. If the recipient does not contact us to arrange the alternative delivery within 7 days we will return the Consignment to you at your cost (such cost to be discharged before delivery to you).
4.2 If we consider that the Consignment has become a Damaged Consignment and cannot be delivered because it is or in our reasonable opinion is likely to be unsafe hazardous or harmful we reserve the right to dispose of the Damaged Consignment immediately. If the Consignment becomes a Damaged Consignment because of our actions and we have to dispose of it we will only be liable to you up to the amounts specified in 6.7.
5.1 You agree that we may use another carrier in order to support our provision of the services to you (this will be at our own expense) and you agree that both we and this other carrier shall be entitled to the protection of all of the terms of this Agreement which exclude or limit liability for any losses or damage.
6. Our Liability
YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE AND THE LIMITS OF OUR LIABILITY WITHIN IT.
6.1 Where you deal with us as a consumer, nothing within these terms and conditions shall be deemed to affect your rights under the Unfair Contract Terms Act 1977. For the avoidance of any doubt, when 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 clients set out below.
6.2 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.
6.3 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 may still occur as a consequence of our handling of it and in such circumstances, our liability shall be limited as set out in these Terms and Conditions. The 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 ascertain 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) The potential amount of loss that might be caused or alleged to be caused to you is likely to be disproportionate to the sum that we could reasonably be expected to charge you for providing the Service(s) under this Agreement;
(c) It is not possible for us to obtain protection which would give unlimited protection for our full potential liability to all of our customers and, even if it were, such protection would be much cheaper if taken out by you (rather than us taking out such protection and passing the cost on to you) and on that basis, it is more appropriate for you to take out such protection, though you are able to purchase increased extra protection from us for your Consignment, during the ordering process;
(d) We wish to keep the costs of providing the Service(s) to you as low as possible;
(e) In light of the above we wish to limit our liability for any damage caused to you to levels which we consider proportionate to our low charges for providing the Services. These amounts are set out in clause 6.5;
(f) In these Terms and Conditions, damage to you means any damage suffered by you (including any loss of, or damage to, a Consignment and any other loss, whether or not known to you or us or in either of our contemplation at the time of entering into this Agreement), 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);
(g) We investigate all claims received by us in a fair and speedy manner, but such investigations are more accurate and are easier to perform soon after the loss or damage is alleged to have incurred and on that basis, the timescales set out in this Agreement are necessary to ensure that such investigations can be performed fairly.
The Extent of our Liability
6.4 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 clause 6 and clause 7;
6.5 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.
6.6 We shall not be liable to you:
a) under any circumstances where there are any material discrepancies (meaning more than 10% difference) 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; Special Provisions items and No Protection items lists, unless otherwise stated by us.
The Limitation on the Amount of our Liability
6.7 If we are liable to you for any reason, we shall (subject always to clause 7) only be liable to you up to the following amounts in the following circumstances, subject to you purchasing any extra protection for your Consignment from us:
(a) If we lose or damage all of a Consignment we will be liable for a maximum of £50. If however this maximum figure is greater than the actual value of the Consignment then we shall only be liable for the full value of that Consignment;
(b) If we lose or damage part of a Consignment, the amount of the sum determined under clause 6.7(a) above shall be pro rated down to represent the proportion that the actual value of that part of the Consignment bears to the actual value of the whole Consignment (so, by way of an illustrative example, if the whole Consignment was worth £50 ,and we lost or damaged one quarter of it, we would only be liable for 25% of the figure worked out under clause 6.7(a) above, i.e. £12.50 for the £50 service)
(c) If we cause you loss or damage arising in any other way, a maximum of £50 in respect of any Consignment.
If you consider that the potential loss to you caused by the loss or damage of all (or part) of a Consignment would exceed the figures set out above you must arrange separate protection for such potential loss. For the avoidance of doubt, this includes any additional protection you may require in respect of any items listed on the “Special Provisions” and “No Protection Items” lists. The items on the “Prohibited Items” list are prohibited and no level of protection taken out by you will change whether these items will be allowed. If you do not do this then we shall not be liable to you for more than the amounts set out above and you shall be responsible for the risks in any amounts not protected through such protection (or lack of). Where the value of any Consignment is above the value of the protection set out in clause 6.7(a) to (c), you are able to purchase extra protection during our ordering process from us. Where you do not purchase the extra protection from us during our ordering process, you confirm that you accept the risks of not doing so.
We will not be liable to repay you the value of the Consignment as at the time it was purchased by you. Consignments by their nature are subject to depreciation. You are advised to take out a “new for old” protection policy should you wish to be protected in this way. Our liability to you is limited to the amounts set out within this clause 6 and based on the actual value at the date of loss.
6.8 In order to ascertain the extent of our liability above, we shall require 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 of the Consignment, you have a record of these. For the avoidance of any doubt, and without affecting clause 6.5, we shall only be liable for the replacement value of the Consignment and not for any sums that would amount to profit on the Consignment or applicable value added tax (or like tax) on such profit.
6.9 If a claim arises as a result of damage to the whole or part of a Consignment and if we settle the claim for a sum equal to or greater than the value of the Consignment, then we shall be entitled to claim ownership of the Consignment and deal with it as we see fit. For the avoidance of any doubt, we shall be responsible for the cost of recovery of the Consignment.
6.10 If you wish to combine a number of discrete packages you must do this within an outer box or packaging fully encompassing each discrete package. If you do not do this and any individual discrete package(s) come apart in transit resulting in one or more of them being lost, then once the remaining parcel(s) are signed for by the recipient, you accept that you cannot make a claim for loss or partial loss of that consignment.
Prohibited Items, Special Provisions Items and No Protection Items
6.11 Certain other items are carried without parcel protection for damage or loss and at your own risk. A list of these can be found at: http://www.menziesparcels.com/prohibited-items#unins.
For the avoidance of doubt, we do not accept liability for any loss, damage to or damage caused by any of the items on these lists, whatsoever and howsoever such loss or damage is caused, whether in contract, breach of statutory duty, tort (including negligence) or otherwise.
Please note that whilst you may be able to take out protection in respect of any of these items, this does not alter the provisions set out in this clause 6.11 in any way.
6.12 (a) We shall not, in any circumstances, be liable to you for any damage caused arising directly or indirectly as a result of any of the Excepted Risks.
(b) If at any time we are prevented or delayed from starting, carrying out or completing any of the Services because of a strike, lock out, labour dispute, weather conditions, traffic congestion, mechanical breakdown or obstruction of any public or private road or highway or any other cause beyond our control, you shall have no claim for damages against us for any loss that you may suffer as a result PROVIDED that, where the delay is caused by the mechanical breakdown of one of our vehicles, we shall use our best endeavours to provide a replacement vehicle with the minimum delay practicable.
(c) We shall not in any circumstances be liable for any late delivery or 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.
6.13 If our performance of any of our obligations under this Agreement is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (“Your Default”):