1 "Excluded Goods"
means: (a) Dangerous Goods; (b) explosive and flammable articles or substances, meaning any article, substance or preparation (mixture of substances) with the potential to create a risk to persons from energy-releasing events, fires and explosions, including petrol, paints, varnishes, etc but excluding ordinary combustible materials such as office equipment; (c) firearms including part of any firearms, ammunition and/or detonators; (d) bullion, bank notes, coins, precious metals, precious stones, jewelry, valuables, antiques; (e) securities, stamps, legal or business documents; (f) hazardous, temperature-sensitive and/or perishable goods; (g) living creatures or plants; (h) dead animals or parts thereof; (i) tobacco products; (j) illegal or contraband materials, items or substances, or other items the storage or transportation of which in accordance with the terms hereof would be deemed in violation of any applicable law, rule or regulation; (k) any written printed or pictorial matter which is obscene, blasphemous, scandalous, defamatory, proscribed or prohibited; or (n) any art (including paintings, pictures or photographs);
"Goods"
any goods or property, the subject matter of an Order;
"Intellectual Property Rights"
all rights in the nature of patents, designs, copyright, trade marks, rights in databases and utility models and all other rights of a similar nature (whether registered or unregistered and whether capable of registration or not) in the Products and/or arising out of the performance of the Services;
"Order"
the Customer's order once accepted by the Company;
"Product"
any item manufactured and/or sourced by the Company, on behalf of the Customer including but not limited to any type of packaging, case, crate, parcel, carton (whether single or banded into one unit), skid pallet or other base type used by the Company to deliver the Goods; and
"Services"
the services provided by the Company to the Customer (including but not limited to Carriage of the Goods) as more particularly detailed in an Order.
2 Basis of Sale
2.1 These Terms apply to all contracts for the sale of goods and/or the provision of services (including without limitation an Agreement) to the exclusion of all other terms or conditions including, without limitation, any terms and conditions appearing on the Customer's purchase order or implied by trade or a course of dealing. By placing an order, the Customer agrees to deal with the Company on these Terms (whether for its own benefit, or where acting as an authorized agent, on behalf of the owner of the Goods).
2.2 Each Agreement contains all the terms agreed by the parties in relation to its subject matter and supersedes all prior agreements, understandings, statements, representations and arrangements whether oral, in writing, express or implied or arising from a course of dealing. Each party acknowledges that in entering into an Agreement it has not relied upon any matter not set out therein.
2.3 The Customer acknowledges that in respect of any transaction entered into between the parties (including but not limited to an Agreement) the Company's obligations and liabilities shall be as stated in these Terms, unless otherwise agreed in writing and signed by a director of the Company.
2.4 The Company may make changes to these Terms from time to time. Any such change shall apply to all Orders placed by the Customer after the date of the change. The Customer is reminded of the need to periodically check these Terms for changes.
2.5 All Orders are subject to acceptance at the Company's absolute discretion and are not binding upon the Company until accepted by the Company in writing. Unless otherwise expressly agreed in writing and signed by a director of the Company, the Company shall not act (i) as a carrier by sea within the meaning of the rules scheduled to the Carriage of Goods by Sea Act 1981; or (ii) as a common carrier.
2.6 Unless otherwise specified in writing, quotations are valid for 30 days from the date of issue.
2.7 In the event of a conflict between these Terms and an Order, the terms of the Order shall take precedence but only to the extent that such term is unambiguously and expressly stated to vary these Terms.
2.8 The Customer may not cancel or vary any Order which the Company has accepted orally or in writing without the Company's express written consent. The Company reserves the right to charge the Customer reasonable cancellation charges in the event of such cancellation.
3 Performance
3.1 The Company shall be entitled to perform any obligations under an Agreement itself or to sub-contract such obligations to any third party. The Customer acknowledges that the Company may from time to time appoint third party carriers, packer, transport or storage contractor, wharfinger, lighterman, ship owner, carrier by sea or air or road or rail or any other person in connection with the provision of the Services.
3.2 Unless otherwise expressly agreed in writing the Company shall be entitled in its sole discretion to deliver the Services how it sees fit and to arrange the means, routes and procedure to be followed in the handling, packing and transportation of the Goods and in the method and place of storage if required including but not limited to:
3.2.1 consigning the Goods by any route and to allow deviation from the usual or intended route, and/or a stoppage at any place on route;
3.2.2 arranging storage, warehousing or holding of the Goods in any place, store or warehouse (regardless of location or other goods which are stored there); and
3.2.3 changing the day or time of intended movement of the Goods without prior notice.
3.3 Unless otherwise expressly agreed in writing the Company shall not:
3.3.1 in relation to Goods to be carried by sea attempt to agree with the carrier by sea that goods packed in a container, package or other article of transport capable of being carried on deck are carried otherwise than on deck;
3.3.2 take any steps to provide that the Goods are forwarded other than at the owner's risk; and
3.3.3 be responsible for arranging customs clearance for the import of the Goods for or on behalf of the Customer (which, for the avoidance of doubt shall remain the sole responsibility of the Customer).
3.4 The timescales for delivery of the Goods or performance of the Services stated in an Agreement are commercial estimates which the Company shall use its reasonable efforts to achieve.
4 Documentation and Description of Goods
4.1 The Company shall or shall procure that all relevant documentation is issued (including, but not limited to a Bill of Lading, House Bill of Lading, combined Transport Document, Combined Transport Bill of Lading, House Air Waybill, or Certificate of Shipment (together "the Documents”)).
4.2 If the Company issues one or more Documents it will, where appropriate, insert therein the matters set out in Article 6 (1) (insofar as the same are required) and the matters set out in Article 6 (2) when applicable of the Convention on the Contract for the International Carriage of Goods by Road.
4.3 The value of the Goods will not normally be stated in the Documents. If the value is stated, such value will not constitute a declaration of value within the meaning of any convention applying to the contract of Carriage or any law and such statement of value will not, unless otherwise expressly agreed in writing (and subject to payment by the Customer of any relevant surcharge) constitute instructions to the Company to make any declaration of value so as to vary any limit on the Company’s liability.
4.4 In all cases the Customer shall provide the Company with description values and particulars of all the Goods in a Consignment. The Customer warrants that all descriptions values and other particulars supplied to the Company for customs or any other purpose for any document evidencing a transport transaction shall be true and accurate. The Customer shall indemnify the Company and keep the Company indemnified against all losses, damages, payments expenses, fines and claims suffered or incurred by the Company arising from any inaccuracy or omission of the description values or particulars of the Goods (regardless of whether such inaccuracy or omission is innocently made).
4.5 The Customer shall ensure that:
4.5.1 individual packages are clearly and marked with all necessary information to enable proper process of the delivery, including the consignee's address and international shipping marks; and
4.5.2 all documentation is duly and accurately completed including the transport order, four copies of the commercial invoice, export customs documents or other necessary accompanying documents (if applicable). Completion of documents by the Company will be subject to additional charges.
4.6 If so requested by a Customer in writing, the Company shall, at the Customer's cost return all transport packaging material. The Company reserves the right to impose a reasonable administrative charge for returning such transport packaging material.
5 Loading and Unloading
5.1 Where the Customer delivers the Goods to the Company, the Company shall give the Customer (or consignor) reasonable access to the vehicle to enable proper loading and unloading, however the Company shall not be required to provide additional services other than the Services 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 Company in writing prior to collection or delivery being made.
5.2 The Customer shall be responsible for providing and safely operating any equipment that may be required for loading the Consignment on or unloading the Consignment from the vehicle unless other arrangements are agreed between the parties in writing prior to dispatch.
5.3 The Company shall not be liable for any loss or damage caused as a result of:
5.3.1 any such voluntary assistance in loading or unloading a Consignment;
5.3.2 the use of defective equipment supplied by the consignee or consignor, or
5.3.3 negligent acts committed by the consignor or consignee in assisting with loading and/or unloading.
5.4 The Customer shall indemnify the Company against any losses, damages, payments, fines, expenses or claims suffered or incurred by the Company arising pursuant to the circumstances detailed in clause 5.3.
5.5 The Customer shall provide the Company, upon request, details of any risk assessments which may have been carried out at the collection and/or delivery addresses. The Customer shall be solely responsible for carrying out such risk assessments.
5.6 If the Company (or its nominated carrier) is unable to deliver the Goods because the information provided by the Customer is insufficient, the Goods are incorrectly or insufficiently addressed or because they are not collected or accepted by the consignee and/or the consignee cannot be reasonably found then the Company may give the Customer 21 days' written notice that the Goods shall be disposed of at the Company’s sole discretion. The Company shall pay the net proceeds of any such sale (less charges, sales taxes, duties and expenses) to the Customer and such payment shall be deemed to be delivery of such Goods. All charges and expenses incurred by the Company in connection with the sale of or disposal of the undelivered Goods shall be paid by the Customer.
6 Ownership of Goods
6.1 The Customer warrants and represents that it is the owner or authorized agent of the owner of any Goods which are the subject of an Agreement.
6.2 The Customer shall indemnify the Company and keep the Company indemnified against all losses, damages, payments expenses, fines and claims suffered or incurred by the Company arising out of or in connection with any dispute as to the ownership of the Goods or as to the person entitled in law to possession thereof.
7 Packaging of Goods
7.1 Unless otherwise specified in an Agreement, the Customer shall be responsible for ensuring the Goods are adequately packed.
7.2 Where the Customer or its agent has packed the Consignment (including but not limited to stowing or stuffing Goods into a vehicle crate package or container), the Customer warrants that the Goods are properly and effectively packaged.
7.3 The Customer shall indemnify the Company and keep the Company indemnified against all losses, damages, payments expenses, fines and claims suffered or incurred by the Company arising from any defective stowage, packing or stuffing of the Goods including, but not limited to, overloading unsafe or imbalanced stowing, packing or stuffing or damaging the vehicle crate package or container.
8 Inspection of Goods
8.1 The Company may in its sole discretion (but is under no obligation to) open and inspect any or all Consignments. The Customer acknowledges that this may involve the Company opening sealed containers and/or packaging.
8.2 The Company may refuse to carry any Consignment which it has reasonable grounds to believe contains Excluded Goods or which are required to be opened for purpose of customer clearance or which are inadequately packaged for the purposes of Carriage, but is under no obligation to do so.
9 Type of Goods
9.1 The Customer shall ensure that no Consignment contains any Excluded Goods unless otherwise expressly agreed in writing by the parties prior to transportation.
9.2 Where the Company agrees to provide Services in respect of Excluded Goods, the Customer shall provide to the Company in writing precise and correct identification of the substances in the relevant Consignment and where applicable it shall provide completed, Transport Emergency Cards in respect of Dangerous Goods in the form prescribed by the appropriate statutory authority.
9.3 The Company reserves the right to impose additional charges for the transport of Excluded Goods.
9.4 The Customer shall be responsible for ensuring that all Excluded Goods are properly and safely packaged and labelled with the identities of the substances and all other relevant information as specified by any statutory requirements.
9.5 The Customer shall indemnify the Company against all losses, damages, payments, expenses, fines and claims suffered or incurred by the Company in respect of any injury to persons or damage to property arising from the non-compliance of the Customer with any of the provisions of these Terms in relation to the Carriage of Excluded Goods.
9.6 If the Company agrees to provide Services in relation to Excluded Goods which are perishable and: i) in the opinion of the Company, such Goods are likely to perish during transit; or ii) the Company (or its nominated carrier) is unable to deliver the Goods because the information provided by the Customer is insufficient, the Goods are incorrectly or insufficiently addressed; or iii) because the Goods are not immediately collected or accepted on arrival at the Delivery Address; then the Company shall be entitled without any notice to the Customer, the owner of the Goods or consignee to whom the Goods are delivered, to sell such perishable Goods. The Company shall pay the net proceeds of any such sale (less charges, sales taxes, duties and expenses) to the Customer and such payment shall be deemed to be delivery of such Goods. All charges and expenses arising in connection with the sale of or disposal of the perishable Goods shall be paid by the Customer.
10 Storage of Goods
10.1 The Company may warehouse or otherwise store the Goods in its sole discretion prior to the transit or delivery of the Goods. All storage of Goods shall be at the Customer's risk and expense.
10.2 In respect of all Goods which it stores, the Company may:
10.2.1 charge storage for a minimum period of 7 days (and any storage for part of that 7 days shall be treated as if had been the whole of such period);
10.2.2 give written notice requiring the removal of the Goods within 7 days after which time the Company may increase the rent or charges for storing the Goods; and
10.2.3 charge 5% more than its normal rate if the Customer requires the Goods or any part of them to be available for immediate collection delivery or inspection.
11 Packaging Services
11.1 Save as provided in clause 11.2, all Intellectual property Rights in the Products (including but not limited to all drawings, cutting lists, load plans, packing specifications or any other document relating to the Products) created by or on behalf of the Company and supplied to the Customer shall remain the property of, and vested in, the Company (or its licensor) unless otherwise agreed in writing with the Customer.
11.2 Any packing design services provided by the Company to the Customer (as detailed in the relevant Agreement), shall not be deemed to have been completed (and/or the Product suitable for use) unless and until the design/specification has been validated in writing by the Customer as suitable and acceptable. All Intellectual Property Rights in the bespoke Product which has been designed for the Customer shall be assigned to the Customer upon receipt, by the Company, of payment in full for the relevant Services.
11.3 Where the Company manufactures and supplies (or procures the manufacture and supply of) Products to a Customer specification (or mutually agreed specification) in assembled or shook form and such Products are accepted (by signature of a delivery note), the Company's sole liability in respect of any subsequent failure of the Products shall be the cost of replacing and/or repairing the allegedly defective Product.
11.4 Where the Company manufactures and supplies (or procures the manufacture and supply of) Products to a Customer specification and packs the Goods in accordance with a packing process dictated by the Customer, the Company's sole liability in respect of any subsequent failure of the Products shall be the cost of replacing and/or repairing the allegedly defective Product.
11.5 The Company shall have no liability for any subsequent failure or rejection of any Goods or packing, carton, case, crate or pallet, by the consignee where the packaging materials and Goods for packing are supplied by the Customer.
12 Warranties
12.1 The Company warrants that:
12.1.1 it shall provide the Services using reasonable skill and care; and
12.1.2 the Products shall comply in all material respects with their specifications upon delivery provided that the Customer stores the Products in accordance with the specification, uses the Products in accordance with all instructions notified to it from time to time and in accordance with any industry standards and practices.
12.2 The Company shall not be liable for any breach a breach of these warranties to the extent caused by:
12.2.1 any defects in the Products arising from any drawing, design or specifications supplied by the Customer;
12.2.2 any defect arising from fair wear and tear, wilful damage or negligence by the Customer or persons using the Products;
12.2.3 the inadequacy or insufficiency of any loading, packing or securing of any Goods undertaken by the Customer or any third party or by the Company following the specification or direction of the Customer or such third party; or
12.2.4 any parts, materials, equipment, Products or Goods not manufactured by the Company, in respect of which the Customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Company and which the Company hereby assigns to the Customer so far as it is able.
12.3 The Customer shall notify the Company of any alleged breach of warranty in writing as soon as reasonably possible and, in any event, within 14 days of performance of the relevant Services.
12.4 The Customer's only remedy in the event of any valid warranty claim will be (at the Company's sole discretion) (i) repair or replacement of the Products; (ii) re-performance of the Services; or (ii) a refund of the price and any other costs or expenses invoiced by the Company in respect of the portion of defective Services and/or Products.
12.5 All warranties, conditions, guarantees and representations that may be implied by statute, common law or otherwise are hereby excluded by the Company to the fullest extent permitted by law.
13 Insurance
Unless otherwise expressly agreed in writing between the parties, the Customer shall be solely responsible for obtaining relevant insurance and the Company shall not effect any insurance for the benefit of the Customer.
14 Charges and Payment
14.1 The charges for the Services and/or Products shall be as set out in the Order or, if not specified, the charges set out in the quotation, or if no charges are stated or the quote is no longer valid, the price specified in the Company's price list at the date a binding Agreement comes into existence in accordance with clause 2.5. The charges are exclusive of any VAT and other duties or taxes payable which shall be also payable by the Customer in addition to the charges.
14.2 The Company reserves the right to increase its charges at any time to reflect any change in the rate of freight, rates of exchange of currencies, insurance premiums (where applicable), charges levied due to circumstances beyond the Company's control (including but not limited to customer examination fees, quarantine fees and storage fees) or other fees which affect the costs incurred by the Company in providing the Services.
14.3 The Customer shall be liable to pay the Company’s, charges rates, and other remunerations notwithstanding any term of the Agreement that a third party will pay such costs if, and to the extent, that other person fails to pay within the period specified in the Company's demand for payment (or, if greater, 28 days from the date of the demand).
14.4 The Company is entitled to retain and be paid all brokerages, commissions, allowances and remunerations customarily retained by or paid to freight forwarders and (but only where insurance is arranged) insurance brokers.
14.5 The Company may suspend performance of the Services (including but not limited to collection or delivery of the Goods) if any sum due to the Company by the Customer remains unpaid for more than 28 days. For so long as such sum remains due, any delivery of the Goods by the Company shall be on trust for the Company and the Company shall be entitled to re-take the Goods and treat the same as subject to a lien (in accordance with clause 15).
14.6 Customer shall pay the charges without set off, deduction or counterclaim within 28 days of the date of the Company's invoice.
14.7 Any sum not paid within 28 days shall bear interest from the due date at 5% above the National Westminster Bank base rate from time to time calculated on a daily basis from the due date until the date of payment.
15 Lien over Goods
15.1 Without prejudice to any other rights the Company may have, all Consignments shall be received by the Company and held by it subject to a lien for all monies properly due and owing to the Company from the Customer under any Agreement or contract between the parties.
15.2 If such a lien is not satisfied by the Customer's payment of the unpaid monies within one (1) month of the Company's demand for payment, then the Company may sell or otherwise dispose of the goods as it sees fit without further notice, and it may apply any proceeds towards satisfaction of this or any other applicable lien.
15.3 The Company may charge the Customer the cost of loading and unloading the Goods whilst a lien is being exercised together with the warehouse rent and any other expenses incurred during all periods in which the lien over the Goods (or any part of them) is being asserted and these Terms shall continue to apply whilst the lien is being exercised.
15.4 If a Consignment is not the Customer's property, the Customer warrants that it has the authority to grant to the Company a particular lien against the owner. The Company may hold the Goods against the owner for any unpaid monies applicable to those Goods only, but it may not sell or dispose of the Goods without the express consent of the owner.
16 Liability
16.1 If the Company undertakes a contract of Carriage by:
16.1.1 road or rail to which the Convention on the Contract for the International Carriage of Goods by Road or the Convention Concerning International Carriage by Rail, as applicable, the provisions of that Convention shall apply and the liability of the Company shall be limited in accordance with those provisions; and
16.1.2 by air to which the Warsaw Convention, the Amended Warsaw Convention and the Carriage by Air Acts 1932, 1961 and 1962 apply the provisions thereof shall apply and the liability of the Company shall be limited in accordance with those provisions.
16.2 In all other circumstances, unless otherwise expressly agreed in writing, the Company's liability arising out of an Agreement (whether in contract, strict liability, tort (including, without limit, negligence), misrepresentation or any other matter for which the Company is liable) in respect of the provision of the Services shall be as follows:
16.2.1 in the event of any delay in delivery, the Company’s liability for any loss or damage whatsoever (whether direct, indirect or consequential) shall be limited to the Carriage charges;
16.2.2 where the claim arises from a failure to provide the Products in accordance with the Agreement, the Company's maximum liability shall be limited to the total fees paid by the Customer in respect of the defective Products;
16.2.3 where the claim arises from a failure to provide the packaging Services in accordance with the Agreement, the Company's maximum liability shall be limited to the total fees paid by the Customer in respect of the packaging Services;
16.2.4 where the loss or damage occurs during transportation or storage by the Company's sub-contractor, the Company's aggregate liability is limited to the amount the Company recovers from that sub-contractor. If the Goods have been delivered or stored as part of a mixed consignment containing goods belonging to other clients, the Company's liability to the Customer shall be limited to a proportion of the amount recovered by the Company from the sub-contractor which the value of the Customer's Goods bear to the total consignment sent by the Company;
16.2.5 where the Goods are furniture, plate, china, glass and household effects of any kind, the Company's liability for any damage or loss to the Goods is limited to £100 per article. For the purpose of this 16.3.2(b) a suite of furniture, a set of plates and glass and items in one package or unit shall constitute an article; and
16.2.6 in all other circumstances, the Company's liability shall be limited to the value of the Goods up to a maximum figure of £800 per tonne (1000 kilos).
16.3 Any claim by the Customer in respect of an alleged breach of an Agreement must be brought within 12 months of the performance of the Services.
16.4 Save as otherwise specified in these Terms or an Agreement, in no event shall the Company's aggregate liability be greater than the liability of a carrier pursuant to the Convention on the Contract for International Carriage of Goods by Road whether or not the contract between the Company and the Customer is a contract of the type described in Article 1 (1) of the Convention.
16.5 The Company will not be liable:
16.5.1 for any loss or damage or expense arising from or in any way connected with marks, weight numbers, brands, contents, quality, or description of any Goods;
16.5.2 for any loss or damage (whether direct, indirect or consequential) occurring during any transportation, loading, unloading or storage which has not been arranged or procured by the Company;
16.5.3 for any failure to enter the requisite particulars in any Consignment note or any other document evidencing a transport transaction unless such details were supplied to the Company in writing and received by the Company prior to transport save to the extent such failure arises from the wilful default or negligence of the Company;
16.5.4 for any damage caused to private roadways, mains, pipes, manholes, weighbridges, bridges or approaches of any kind to such premises or property thereon when collecting or delivering Goods at the premises of the Customer or the consignee or at any premises visited while carrying out the instructions of the Customer or the consignee by reason of the weight or the vibration of any vehicle or load or the nature of the Goods; and
16.5.5 for loss of profits, goodwill, business opportunity or anticipated savings, injury to reputation, third party losses or indirect, consequential or special loss or damage regardless of the form of action, whether in contract, tort (including, but not limited to, negligence) or strict liability and regardless of whether the Company knew or had reason to know of the possibility of the loss or damage in question unless the Company has expressly warranted in writing that the packing, loading and any securing thereof is adequate, sufficient or correct.
16.6 Nothing in these Terms or under any Agreement shall exclude or limit the Company's liability for:
16.6.1 death or personal injury caused by its negligence;
16.6.2 fraud or fraudulent misrepresentation;
16.6.3 damage suffered as a result of the breach of the warranties as to title and quiet enjoyment implied under English law; and/or
16.6.4 any other loss or damage the exclusion or limitation of which is prohibited by English law.
17 Customer's Indemnity
17.1 The Customer shall indemnify the Company and keep the Company indemnified against any:
17.1.1 losses suffered by the Company arising from any negligent act, negligent omission, negligent misdirection or negligent misstatement by the Customer, the consignor, consignee or any person acting on behalf of the Customer;
17.1.2 claims and demands of any nature in respect of loss of or damage to the goods made by any third party (including the consignee) additional to or in excess of the limits of liability of the Company set out in clause 16;
17.1.3 claims made or penalties imposed by the Commissioners of Customs and Excise in respect of dutiable goods;
17.1.4 loss, damage, payments, fines, expenses or claims suffered or incurred by the Company in respect of any duty, tax imposed or outlays of whatever nature levied by the authorities at any port or place for or in connection with the Goods (including but not limited to their Carriage);
17.1.5 claims and demands made by a third party attributable to lack of authority on the part of the Customer to enter into an Agreement upon these Terms; and
17.1.6 any claims and demands arising from any damage caused to private roadways, mains, pipes, manholes, weighbridges, bridges or approaches of any kind to such premises or property thereon when collecting or delivering goods at the premises of the Customer or the consignee or at any premises visited while carrying out the instructions of the Customer or the consignee by reason of the weight or the vibration of any vehicle or load or the nature of the Goods.
18 Force Majeure
18.1 The Company will not be deemed to be in breach or otherwise be liable or any delay in performing or any failure to perform any of its obligations under an Agreement by reason of any cause or event beyond the Company's reasonable control, including without limitation any direction or order of government, strike, industrial dispute, consequence of war, invasion, hostilities (whether war or not) civil war, rebellion, insurgency, terrorist act, military or usurped power or confiscation, seizure or destruction on the order of any government or public authority, seizure or forfeiture under legal process, piracy or act of God.
19 General
19.1 The Customer may not transfer, assign or otherwise part with the whole or any part of any Agreement without the Company's prior written consent. The Company may transfer, assign or otherwise part with the whole or any part of any Agreement at any time.
19.2 All notices shall be given in writing and sent by first class post, to the recipient's address detailed in the Order (or as may be notified to the other party in accordance with this clauses from time to time) and shall be deemed to have been served upon delivery or when returned to the sender marked "gone away" or similar. The Company may send notices to the Customer, its consignee or agent.
19.3 Neither party's failure to enforce or rely on or delay in enforcing or relying on any right will prevent that party from later enforcing or relying upon that or any other right.
19.4 If a court or other regulatory body finds that any part of this Agreement is invalid or unenforceable, the remainder of the Agreement shall not be affected and shall be construed as if such invalid or unenforceable part did not exist.
19.5 Nothing in any Agreement shall confer any rights upon any person who is not a party to it, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
19.6 These Terms and each Agreement (including any non-associated contractual claims or disputes) shall be governed by English law, and the parties irrecoverably submit to the exclusive jurisdiction of the English courts.
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