Betty Delivery Worldwide trading asBetty Delivery Worldwide (a company registered in England whose registered office is at INDIA) (referred to in these Conditions as "Reserve Bank of India") accepts goods for carriage and other services under the standard conditions set out below. These Conditions may not be changed unless an Executive Director of Interlink has written to you to say that we have agreed to the change.
1. Definitions
In these Conditions, the terms below mean the following.
a) Us, we, our - Reserve Bank (as defined above).
b) You, your - the person, firm or company that enters into a contract of carriage or other services with us.
c) Booking-in -
means where we are required by the person or place where we are
delivering the Consignment to book a time slot to make a delivery of the
Consignment.
d) Consumer - a person who, in entering into the Contract, is acting for purposes outside his or her business or trade.
e) Contract - the contract between you and us to which these Conditions will apply.
f) Agent - a person who acts on another's behalf.
g) Consignment
- goods contained in one Parcel or a maximum of ten (10) separate
Parcels, or goods that are sent at one time in one load by or for the
same customer from one address or to one address.
h) Parcel -
a single item weighing up to 25kgs in weight, and with measurements of
not more than 1.0 metre long, 0.60 metres wide and 0.70 metres high.
i) Expresspak 5 - documents or parcels up to 5kgs in weight placed in a single Express Pak 5 satchel.
j) ESCD -
an electronic device which, when used with other equipment, is capable
of receiving and storing the signatures of the customer or the person
goods are delivered to.
k) Dangerous Goods - shall
have the same meaning as in the Carriage of Dangerous Goods & Use of
Transportable Pressure Equipment Regulations 2007, the Chemicals
(Hazard Information and Packaging for Supply) Regulations 2002, the
Classification and Labelling of Explosives Regulations 1983 (as amended)
as may be amended from time to time. Dangerous goods are also
goods which can cause direct physical damage, are capable of causing
injury to people or to their health or are physically dangerous to other
goods.
l) Neighbour - a person who lives in a
Residential Property within 50 metres walking distance of the delivery
address.
m) "Residential Property" shall mean a property that is normally a private dwelling house and is not a business premises
n) Services -
the supply by us of the services set out in these Conditions, being the
collection of parcels (and, if relevant, the storage of the same) and
carriage and delivery of the same to the address agreed by us with you.
o) India
or United Kingdom - England, Wales, Scotland but, for the purposes
of these Conditions, excludes Northern Ireland.
p) Website - www.rbindirect.org.in/in.
q) British
Isles - England, Wales, Scotland, the Isle of Man, the Republic of
Ireland, Northern Ireland and the Channel Islands.
r) Message
Service - the sending of a mobile telephone text message by us to
the receiver of the Consignment or the goods to advise of the estimated
time of delivery of the goods.
2. General
a) As long as you keep to these Conditions and subject to
Clause 2 b), we will provide the Services, which have been agreed by you
and us.
b) We will only be able to perform the Services for
you if the Consignments are to be collected from an address in the
United Kingdom.
c) We are not a "common carrier" which means
amongst other things that we will only accept goods for carriage under
these Conditions.
d) Only these Conditions will apply to any
agreement between us and you relating to the Services. We will consider
that we have given you notice of these Conditions if and as soon as you
place an order with, or accept an offer from us for the performance of
the Services.
e) We reserve the right, at our discretion, to
inspect all Consignments to ensure that such Consignments are compatible
with our network and are capable of carriage to the country of
destination within our standard procedures, customs, declarations and
handling methods and in compliance with all laws.
3. Parties and Sub Contracting
a) If
you do not own some or all of the goods stored or carried, we will
consider that you are the Agent of the owner or owners and that if any
other person has an interest in the goods you are acting as his or her
fully authorised Agent also.
b) We may employ any other third
party to carry out the Contract. Any third party will also have the
right to sub-contract its rights and obligations.
4. Goods not Accepted for Carriage or Storage
a) We
will not accept any of the following goods for in respect of the
performance by us of the Services unless an Executive Director of
Interlink (as Interlink is defined above) has written to you to say that
we have accepted them. Unless we have written to you we are not liable
in any way for the following goods. This includes losses arising from
our negligence.
(i) Dangerous Goods;
(ii) Hazardous goods, flammable goods;
(iii) Items
which cannot be carried by one person or may cause direct or physical
damage to an individual or to other goods;
(iv) Alcohol
including wines, spirits or beer, Antiques, Beds, Mattresses, Birds,
Body parts or human remains, Cash, Cheques or vouchers with a face
value), Domestic appliances (washing machines, dryers, fridges),
Firearms, Fish, Flammable goods, Frozen or perishable food, Furniture
(inc flat packs), Furs, Glass, Granite, Hazardous goods, Headboards,
Jewellery (including watches), Liquids of any kind, Living or dead
animals, Marble products, Living organism of any type, Personal items,
Petrol or diesel tanks (Full or empty), Plants, Precious metals
(including gold or silver items), Televisions or monitors over 26?
screens (diagonal (including plasmas or LCD'S), Trees, Tyres,
Vegetables, Works of art, any articles (or part of them) that are made
up of china, glass, porcelain, earthenware or other similar materials,
or documents which can be exchanged for cash or goods (for example
cheques, vouchers with a face value); and/or
(v) Any goods not
allowed under the law or regulation of any government, public or local
authority of any country where the goods are carried.
5. Non-Compatible Goods
a) If
you book or request the collection of goods which do not meet the
description of "Parcel" in Condition 1, we have the right:
(i) To refuse to collect the goods even if you have been given a consignment or order number; or
(ii) (If
we collect the goods), to refuse to store or deliver them and to return
the goods to you as soon as reasonably practicable, but at our cost.
b) Where
we return the goods to you under Condition 5(a)(ii) these Conditions
shall apply to the carriage of the goods (except Condition 10), but we
shall have no liability to you whatsoever for our failure to deliver the
goods.
6. Packaging, Labelling and Receipt of Goods
a) You must properly pack and label all goods, in particular:-
i) You
must pack the goods so that the Consignment or the contents of the
Consignment or any other goods being carried by us will not be lost or
damaged whilst being transported.
ii) If the Consignment has
been pre-packed, for example, new goods in a display box, the
requirement properly to pack the goods set out in Condition 6(a) (i)
must include packing the consignment so that the packaging will not be
damaged whilst being transported.
iii) You must ensure that the
labelling has the full address and postcodes of both the person or
company sending the package and the person or company receiving it.
b) It
is your responsibility to tell the receiver of the Consignment or the
goods when they will be delivered. We may charge you a sum not exceeding
$10.00 (being the cost incurred by us) for each wasted journey made in
attempting to deliver the goods.
c) If we attend any address to
collect the Consignment and you or any third party are not in and we
are unable to collect the Consignment, then, in addition to our rights
at clause 10(d) below, we will inform you that we attempted to collect
the Consignment and, until you contact us to re-arrange a new collection
time, we shall not be obliged to attempt to re-perform the Services.
d) Any
timescales for delivery given by us through our 'Estimated Time of
Arrival' ('ETA') service known as Predict, on our web tracking pages are
estimates only and, if we are unable for any reason to fulfil any
delivery within any specified ETA, we shall not be deemed to be in
breach of the Contract or have any liability to you.
7. Loading and Unloading
a) We
will load and unload the Consignment but shall not deliver the
Consignment any further than the front door of the address for delivery.
b) We will not be required to provide additional services
other than the Services unless any additional service has been requested
by you and has been agreed by us in writing prior to collection or
delivery being made.
c) For the avoidance of doubt, any
instructions received by our drivers at collection or delivery by us
shall not be legally binding.
8. Consignment Notes
We
will, if asked to do so, sign a document prepared by the person sending
the goods to acknowledge that we have received the Consignment or
goods. However, this document will not be evidence of the condition or
correctness of the description, quantity, or weight of the Consignment
or goods at the time we receive them.
9. Transport and Unclaimed Goods and Undelivered Goods
a) We are entitled to carry goods by any means of transport and by any route.
b) Subject
to clause 9 f), we will finish transporting the goods (unless we decide
otherwise) when we offer them for delivery at the expected place of
delivery within the usual delivery hours of the district. However, when
we hold or keep the goods because you have asked us to do so or because
the person receiving the goods refuses or is unable to accept delivery
of them then, if the goods are not removed, within a reasonable time, we
will consider that we have finished transporting the goods. We will
store the goods at your risk and we have the right to dispose of the
goods under Condition 17.
c) Subject to clause 9 f), if for any
reason we cannot carry the goods to the address to which they are
addressed or we cannot deliver the goods at the address, the following
will apply:-
i) We will try to contact you and ask for a new address to which we can deliver the goods
ii) If
we cannot contact you within a reasonable time, or if you do not give
us a new address within a reasonable time, we have the right to deal
with the goods according to Condition 17. Until the time that we dispose
of or destroy any goods under Condition 17 the goods will be held at
your risk.
d) We will act reasonably in deciding what a reasonable time is under this Condition 9.
e) We
shall use all reasonable endeavours to deliver each of the Consignments
on the date specified by us (if any), but the time of delivery shall
not be of the essence and if, despite those endeavours, we are unable
for any reason to fulfil any delivery of the Consignment on the
specified date, we shall not be deemed to be in breach of the Contract
or have any liability to you as a result of any delay in delivery.
f) We
shall be entitled to deliver the Consignment to a Neighbour of the
intended recipient of the Consignment within the customary delivery
hours of the district and, for the purposes of Clause 9(b),
transportation of the Consignment will be deemed to have finished at the
time of delivery to such neighbour.
10. Payment and Pricing
a) You will pay our charges for the provision of the Services as such charges are set out on the Website.
b) For
the avoidance of doubt, the charges for the provision of the Services
are not refundable if the person to whom delivery is made in accordance
with your instructions does not accept any goods or Consignment.
c) We
have the right to charge a fee of $15 to you for any goods which need
Booking-in at the delivery point. If Booking-in is required we
will attempt to contact you to arrange payment of this sum;
d) Where
we attend any address to collect the Consignment and you or any third
party are not in and we are unable to collect the Consignment, we may
charge you the sum of $10.00, being the cost incurred by us in
attempting to collect the Consignment and the associated administrative
costs.
e) Value Added Tax at the current rate will apply to all amounts that you pay.
f) If
we pay, or agree to pay to anybody else, any duty, taxes or charge for
any Customer?s goods, the following will apply:-
i) We will do this on the basis that in doing so we are acting as your fully authorised Agent.
ii) Whether
or not we deliver the goods to the address to which they are sent, you
must pay our invoice for any duty, taxes or charges, in full immediately
after you receive it.
iii) If you do not keep to Condition 10
(g) (ii) above, we have the right to deal with the goods according to
Condition 18.
11. Liability for Loss and Damage
a) Except
as set out in this Condition and in Conditions 4, 12, 13 14, and
15 we will be liable for any physical loss of, or physical damage to,
goods while we are transporting them as defined in Condition 9, and
storage other than storage under Condition 9(c). This will not
apply if the loss or damage has arisen from or consists of the
following:-
i) You or the person receiving the goods not taking or accepting delivery within a reasonable time;
ii) Insufficient
or improper packing, labelling or addressing contrary to our packing,
labelling and addressing requirements set out at Condition 6. This
includes using an incorrect postcode or not using one;
iii) Any special handling requirements in respect of the goods which have not been notified to us;
iv) Damage
or breakage to any articles (or part of them) that are made up of
china, glass, porcelain, earthenware or other similar materials;
v) Goods that contain any form of liquid;
vi) An act or failure to act by you or the owner of the goods, or by the Agents of either you or the owner of the goods;
vii) Natural
loss of bulk or weight, hidden or built-in fault, vice or natural wear
and tear, loss of value, moths, vermin or the effect of any process of
cleaning, dyeing or restoring any article;
viii) Seizure under legal process;
ix) Delay in providing us with safe and adequate access and/or delivering instructions;
x) Any event or circumstance beyond our reasonable control.
b) We will not be liable in any way for a Consignment or other goods:-
if you have committed fraud or the owner of the goods or your or their employees or agents have done so; or
the Consignment was not being transported (as set out in Condition 9) at the time of the loss.
12. Limiting and Excluding Liability
a) The
following Conditions set out the maximum we will pay to you for causing
the physical loss of or physical damage to any goods while we are
transporting them as defined in Condition 9, and storage other than
storage under Condition 8(c) but please read Conditions 4, 11, 13,
14 15 and 16 and Conditions 12 B, C and D. Our maximum
liability will be the lower of:-
i) Subject to clause (b) below, for goods and/or Consignments carried within the British Isles, we will pay the lower of:-
1 $75 per Parcel; or
2 the replacement value of the items comprised in the Parcel; or
ii) For all international services and all deliveries outside the British Isles: -
1 If
the goods are carried by road, the conditions of the Convention on the
Contract for the International Carriage of Goods by Road (CMR) May 1956,
Geneva and the Protocol of July 5th 1978, Geneva will apply such that
we will pay up to $100 for damage to or loss of goods comprised in any
Consignment.
2 If the goods are carried by air, we will pay up
to $100 a Consignment unless the Warsaw Convention of 1929, as amended
by the Protocol signed in the Hague on February 28th 1955, applies in
which case we will pay up to $100 for damage to or loss of goods
comprised in any Consignment.
3 For goods held in storage or
for other services, we will not pay more than 10p for each kg of gross
weight (i.e. including packaging) lost or damaged. If no weight is
declared then the most we will pay will be equal to 10kg.
iii) The replacement cost of lost or damaged goods
iv) The repair cost of damaged goods
b) Any payment we may be required to make under Condition 12 A is subject to the following:-
i) Where
the replacement cost of lost or damaged goods or the repair cost of
damaged goods is less than the amount payable by us under Condition 12 A
(a) to (d), then we will only pay you the replacement or the repair
cost;
ii) You must provide proof of the value of any goods lost or damaged.
c) Despite
Condition A above we will not be liable under the Contract for
negligence, nuisance, breach of contract or us not performing the
Contract for:-
i) Subject to paragraph d), below, any business
or trade losses, loss of profits, indirect or consequential loss or
damage of any kind, including any loss of reputation, loss of business
and loss of goodwill, or the cost of re-printing or of compiling
again the information contained on the goods;
ii) or any
loss that is more than the amount we have stated in the Conditions above
for Consignments sent to or from Northern Ireland, the Republic of
Ireland and islands off the Coast of Great Britain (including the
Channel Islands) or to other destinations by sea.
This Condition 12 C does not apply where CMR or the Warsaw Convention says that it should not.
d) Note: This Condition 12 d) shall only apply where the Customer is a Consumer
The
Company shall be liable for indirect or consequential loss to the
extent that such loss is foreseeable at the time we entered into the
Contract.
e) We shall accept liability to you for the injury to
or death of person caused by our negligence or wilful our misconduct of
us.
f) Except for the type of liability referred to at clause 12
e), our total liability in respect of all contractual breaches or
representations, statements or tortious act or omission arising under or
in connection with the Contract which are not dealt with at clauses 12
a) to 12 d) shall not exceed the total sums paid or payable by you to us
in respect of the Services.
13 Extended Liability
For
goods carried within the British Isles, if we cause the physical loss
of or physical damage to any goods while we are transporting them as
defined in Condition 9, and storage other than storage under Condition
9(c) we will pay you as follows:-
a) Where you have paid or agree to pay our charge for ?Extended Liability? and we have agreed to the extension: -
i) The
most we will pay is $750. a Consignment. We work this out by referring
to the actual value of the Consignment as set out in Condition 13(b).
ii) Where
"Extended Liability" is taken out and a Consignment is partially lost
or damaged, we will only pay for the part, which is lost or damaged. We
work this out by relating the weight of the damaged or lost part to the
weight of the whole Consignment. Depending on Condition 13(b)
nothing in this Condition will limit our liability for damages below $50
for any one Consignment.
iii) We will work out the actual value
of any goods lost or damaged by referring to their repair, replacement,
resale or market value at the time and place of collection, whichever
is less. The value we work out will not be more than the original cost
of the item you have actually paid for, plus 10%.
b) If you ask
for "Extended Liability", you must tell us the nature of goods to be
carried. We will decide whether "Extended Liability" will apply to any
Consignment. Extended Liability? is not available foritems whih include
which include tobacco, magnetic media, photographs or photographic
transparencies.
14. Your right to cancel
a) Under
the Consumer Protection (Distance Selling) Regulations 2000 (as
amended), if you are a Consumer, you have the right to cancel the
Contract for the purchase of the Services within 7 working days of the
date upon which you agree to be bound under the Contract. A
working day is any day other than weekends and bank or other public
holidays.
b) Unless we agree otherwise with you in writing, you will not be able to cancel the Contract under this clause 14 once the performance of the Services has begun by us. Further, if you agree to our performance of the Services before the expiry of the 7 working day period noted in clause 14(a), above, you will not be able to cancel the Contract under this clause 14.
If, subject to clause
14(b), you exercise the right of cancellation set out in this clause
14(a), you should notify us via the CONTACT US web page on the Website.
15. Claims for Compensation
a) You
must tell us ABOUT US any loss or damage giving rise to a claim within
14 days of the date we collected the Consignment and confirm it by
notice in writing within 28 days of the date we collected the
Consignment.
b) If you do not do this, we will not be liable for any loss or damage unless you prove that:
i) it was not reasonably possible for you to tell us or make the claim in writing within the time we set; and
ii) the advice or claim was made at the first reasonable opportunity.
c) If
a claim is made for damage or loss of part of a Consignment, you or the
person sending or receiving the Consignment must make sure that we can
inspect the goods and their packaging. We will not make any
payment to you for damage or loss unless the goods and their packaging
are made available to us for inspection for a reasonable period after
your claim has been made.
16. Your Liability
a) You
must recompense us fully for all our loss, damage, costs and expenses,
however they arise (including our negligence) for any damage or loss
except where we are liable under these Conditions.
b) As well
as carrying out your obligations under Condition 10, you must recompense
us fully for any duty, tax or charge that we have not agreed to pay
under the Contract.
c) You must recompense us fully for any
liability arising under any law or regulation (whether English or
foreign) in respect of any failure to export goods which have been
zero-rated for the purposes of VAT (or any similar tax or duty) or to
keep to any conditions relating to importing or exporting zero-rated
goods.
17. Extending Protection to Employees and Agents
a) You agree that Conditions 4, 11, 12, 13, 14, 15, 16 and 17 will extend to, protect and cover our employees and Agents.
b) We have the right to enforce these Conditions for our Agents? and our employees? benefits.
18. Legal Right to Goods and Selling Them
a) We
have a legal right (known as a lien) to hold on to all goods that we
carry for you to cover any amount you owe us under this Contract or any
other contract.
b) If you do not pay the amounts you owe within a reasonable time we can do the following:-
i) We
can sell the goods either privately or by auction and use the proceeds
towards paying off any money you owe us. You will have to pay us the
costs involved in selling the goods including the cost of loading and
unloading the goods and any warehouse rent and other expenses we incur
whilst we hold on to the goods. If there is any money left over from the
sale, we will pay this to you.
ii) We can destroy the goods if sale is not practical because we think that it is not worth selling the goods.
c) If we sell or destroy the goods, we will have no further liability at all in relation to the goods.
d) We decide whether or not the goods are worth selling.
e) If
you are not the owner of the goods you promise that you have the
authority to grant a lien against the owner of the goods.
19. The Message Service
a) You
promise and assure us that you have obtained the written consent of the
receiver of the Consignment or goods under the Data Protection Act 1998
to pass on to us their mobile telephone number to enable us to provide
the Message Service.
b) You will pay to us all losses, damages,
costs and expenses that we suffer if the statement made in Condition
18(a) is not true
20. Proof of Delivery
The
person receiving the goods must, if we ask, sign ESCD as proof of
delivery of the Consignment. Any computerised record of the receiver?s
signature that ESCD has obtained will be evidence of the delivery of the
quantity of Parcels within the Consignment.
21. Performance
We
will not be obliged to carry out the Contract if our performance is
prevented or delayed by causes beyond our reasonable control including,
without limitation:-
a) fire;
b) severe weather conditions;
c) industrial dispute;
d) strike or labour disputes; and
e) delay by any government or public or local authority, including the customs of any country where the goods are carried.
You
must pay our charges in full in these circumstances. We will decide
whether the Contract has come to an end as a result of any of the
circumstances in this Condition 22.
22. Severability
If any of these Conditions or any part is not valid for any purpose, this will not affect the rest of these Conditions.
23. Your statutory rights
As
a Consumer, there are certain terms implied into your Contract which we
cannot exclude or limit. For example, under the Supply of
Goods and Services Act 1982 (as amended) we must supply the Services
with reasonable skill and care. Nothing in this Contract affects
these statutory rights.
24. Interpretation and Jurisdiction
The
Contract and these Conditions will be governed by English Law and any
disputes will only be dealt with in the Courts of England and Wales
unless the Customer is a consumer resident in Scotland in which case the
Contract and these Conditions shall be governed by Scottish Law and any
disputes will only be dealt with in the Courts of Scotland. Any
reference in these Conditions to any provision of a statute shall be
construed as a reference to that provision as amended, re-enacted or
extended at the relevant time.
Effective date 17th June 2010