TERMS AND CONDITIONS OF CARRIAGE (‘The Conditions’)
IMPORTANT NOTICE
When ordering Global Xpress Limited t/a Box Hub services you, as the "Shipper", are agreeing, on your behalf and on behalf of anyone else with an interest in the shipment that these Terms and Conditions shall apply from the time that Global Xpress Limited t/a Box Hub accepts the shipment unless otherwise agreed in writing by an authorised officer of Global Xpress Limited t/a Box Hub. Your statutory rights and entitlements under any defined service feature (for which additional payment has been made) are not affected.
"Shipment" and/or ‘Waybill and/or ‘Consignment’ means all documents or parcels that travel under one waybill and which may be carried by any means Global Xpress Limited t/a Box Hub chooses, including air, road or any other carrier. A "waybill" shall include any label produced by Global Xpress Limited t/a Box Hub automated systems, air waybill, or consignment note and shall incorporate these Terms and Conditions. Every Shipment is transported on a limited liability basis as provided herein. If the Shipper requires greater protection, then insurance may be arranged at an additional cost. (Please see below for further information). "Global Xpress Limited t/a Box Hub" means any member of the Global Xpress Limited t/a Box Hub Network, including suppliers and sub-contractors and other trading terms including:
1. Introduction
This is the current version as at the date of publication of this Guide. The latest version, which shall always be the applicable one for new shipments, may be found at www.box-hub.co.uk, www.box-hub.co.uk or obtained from a Global Xpress Limited t/a Box Hub Office. Global Xpress Limited t/a Box Hub can be contacted at their UK Registered address at: Suite 38 Europa House, Barcroft Street, Bury, United Kingdom.
These terms and conditions (referred to as “The conditions” in this document) sets out the terms on which Global Xpress Limited t/a Box Hub will transport packages, documents and envelopes (”packages”) within the UK and Worldwide. These conditions are supplemented by the shipping and support pages found at www.box-hub.co.uk www.box-hub.co.uk. These guidelines contain important details about the services of Global Xpress Limited t/a Box Hub limited, which the shipper should read and which form part of the agreement between Global Xpress Limited t/a Box Hub and ‘the shipper’ These conditions apply to all contracts between Global Xpress Limited t/a Box Hub Limited (without limitation whether goods are delivered within the UK or worldwide”) and customers (business and consumer customers) for delivery and/or collection services from Global Xpress Limited t/a Box Hub Limited and or its authorised agents, franchisees and/or subcontractors (the “Services”). By placing an order (and each successive order) which is accepted by Global Xpress Limited t/a Box Hub Limited for Services, you are agreeing to comply with all of the provisions contained within these Conditions which apply to Customers, and you acknowledge that you are entering into a contract governed by these Conditions
A) If the Shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention ("Warsaw"), if applicable, governs and in most cases limits Global Xpress Limited t/a Box Hub’s liability for loss or damage.
B) A shipment may be carried via any intermediate stopping places that Global Xpress Limited t/a Box Hub deems appropriate. Global Xpress Limited t/a Box Hub will engage sub-contractors to perform services and contracts both on its behalf and on behalf of its servants, agents and sub-contractors each of whom will have the benefit of these conditions.
C) Under these terms and conditions “Waybill” means a single Global Xpress Limited t/a Box Hub consignment note or the entries recorded against the same date, address and service level on a collection record. All packages covered under a Waybill shall be considered a single shipment.
D) The term ‘Global Xpress Limited t/a Box Hub will mean and the shipper’s contract will be with whichever of the following companies is applicable. That company will also be considered the (first) carrier of the goods for the purposes of the Conventions in paragraph A.
All of whom can be contacted at the registered address of: Suite 38 Europa House, Barcroft Street, Bury, BL9 5BT, United Kingdom.
2. Scope of service
Unless any special services are agreed, the service provided by Global Xpress Limited t/a Box Hub is limited to the pick-up, transportation, customs clearance and delivery of the shipment. The shipper acknowledges that shipments will be consolidated with those of other shippers for transport and that Global Xpress Limited t/a Box Hub may not monitor the inbound and outbound movement of individual shipments to all handling centres.
Global Xpress Limited t/a Box Hub is not a common carrier and reserves the right in its absolute discretion to refuse carriage to any package tendered for transportation.
3. Conditions of Carriage
This section sets out various restrictions and conditions which limit and govern the extent of the service Global Xpress Limited t/a Box Hub offers. It also explains what the consequences are of the shipper presenting packages for carriage which do not meet these requirements.
The express terms, conditions and warranties in these Conditions are in lieu of all warranties, conditions, terms, representations, statements, undertakings and obligations whether express or implied by statute, common law, custom, usage or otherwise all of which are hereby excluded to the fullest extent permitted by law. The parties hereby confirm that they have not relied upon any representations, communications or other matters which have not been expressly stated in these Conditions. Notwithstanding any provision to the contrary, nothing in these Conditions limits or excludes either party’s liability for fraudulent misrepresentations.
3.1 Prohibited articles and unacceptable shipments
The Shipper agrees that its Shipment is acceptable for transportation and is deemed unacceptable if:-
The goods are listed in the Global Xpress Limited t/a Box Hub prohibited articles list, which can be found at this link: http://www.box-hub.co.uk/prohibited-items/
it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), any applicable government department or other relevant organisation;
no customs declaration is made when required by applicable customs regulations; or
Global Xpress Limited t/a Box Hub Limited decides it cannot transport an item safely or legally (such items include but are not limited to: animals, bullion, currency, bearer form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, human remains, pornography and illegal narcotics/drugs).
Packages must not contain goods which might endanger human or animal life or any means of transportation, or which might otherwise taint or damage other goods being transported by Global Xpress Limited t/a Box Hub, or the carriage, export or import of which is prohibited by applicable law.
The shipper further declares that all packages presented for carriage under these terms have been prepared in secure premises, by the shipper (in the case of an individual shipper) Or by reliable staff employed by the shipper and have been protected against unauthorised interference during their preparation, storage and/ or transportation to Global Xpress Limited t/a Box Hub Limited.
3.2 Inspection
Global Xpress Limited t/a Box Hub has the right to, but is not obliged, to open and inspect, or x-ray any shipment without prior notice to Shipper.
3.3 Service Restrictions and Conditions
Global Xpress Limited t/a Box Hub does not offer carriage of packages which do not comply with the restrictions in paragraphs (i) to (ii) below.
(i) Packages must not weigh more than 1000 kilograms (or 2204 lbs) or exceed 350 centimetres in length, the second longest side must not exceed 150 cm; unless agreed prior to collection and confirmed in writing with the local Global Xpress Limited t/a Box Hub Office. Furthermore any packages exceeding 50 kg in weight, 270 cm in length or 330 cm in length and girth combined are not delivered with the same transit times, may incur delays and must be booked 24 hours in advance of shipping.
(ii) The value of any consignment may not exceed the local currency equivalent of GBP £20,000 unless agreed prior to collection and confirmed in writing with the local Global Xpress Limited t/a Box Hub Office. In addition the value of any jewellery or watches, including costume jewellery or costume watches, in a package shall not exceed the local currency equivalent of GBP £300.
The shipper shall be responsible for the accuracy and completeness of the particulars inserted in the Waybill and for ensuring that all packages set out adequate contact details for the shipper and receiver of the package and that they are so packed, marked and labelled, their contents so described and classified and are accompanied by such documentation as may (in each case) be necessary to make them suitable for transportation and to comply with the requirements set out at www.box-hub.co.uk, www.box-hub.co.uk and applicable law. Unless a different service level is clearly selected on the Waybill or other applicable Global Xpress Limited t/a Box Hub shipping documentation, shipments will be carried under the "Express" service (where available to the selected destination) and all applicable charges will be calculated accordingly.
3.4 Deliveries, undeliverable shipments and suspension of carriage
Global Xpress Limited t/a Box Hub may also suspend carriage if it cannot effect delivery after one third attempt, if the receiver refuses to accept delivery, if it is unable to effect delivery because of an incorrect address (having used all reasonable means to find the correct address) or because the correct address is found to be in another country from that set out on the package or Waybill or if it cannot collect amounts due from the receiver on delivery.
Where Global Xpress Limited t/a Box Hub is entitled to suspend carriage of a package or shipment, it is also entitled to return it to the shipper at its own discretion.
Shipments cannot be delivered to PO boxes. Shipments are delivered to the receiver’s address given by shipper but not necessarily to the named receiver personally, Global Xpress Limited t/a Box Hub may deliver to any other person appearing to have authority to accept delivery of the shipment on the receiver's behalf (such as persons at the same premises as the receiver or neighbours of the receiver) Shipments to addresses with a central receiving area will be delivered to that area. Global Xpress Limited t/a Box Hub may use an electronic device to obtain proof of delivery and the shipper agrees that it will not object to Global Xpress Limited t/a Box Hub relying on a printed copy of this as evidence merely on the grounds that the information concerned is obtained and stored in electronic form.
If the receiver refuses delivery or to pay for delivery, or the shipment is deemed to be unacceptable, or it has been undervalued for customs purposes, or the receiver cannot be reasonably identified or located, Global Xpress Limited t/a Box Hub shall use reasonable efforts to return the shipment to the Shipper at the Shipper’s cost, failing which the Shipment may be released, disposed of or sold by Global Xpress Limited t/a Box Hub without incurring any liability whatsoever to the shipper or anyone else, with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to the shipper.
Save where Convention Rules or other mandatory national laws require otherwise, Global Xpress Limited t/a Box Hub accepts no responsibility in any circumstances to suspend carriage, redirect, deliver (whether to a different receiver or address from that named on the Waybill) or return a package to its shipper and, in the event that it should attempt but fail to do so, shall have no liability for any losses thereby occasioned.
If Global Xpress Limited t/a Box Hub is unable to start or continue with carriage of the shipper's package for a reason beyond its control, Global Xpress Limited t/a Box Hub will not be in breach of its agreement with the shipper but will take all steps that are reasonably practicable in the circumstances to commence or continue the carriage. Examples of events beyond Global Xpress Limited t/a Box Hub control are disruption to air or ground transportation due to bad weather, fire, flood, war, hostilities, civil disturbance, acts of government or other authorities (including, without limitation, customs) and labour disputes or obligations affecting Global Xpress Limited t/a Box Hub or some other party, but not limited to such examples..
3.5. Shippers Costs & Losses
The shipper will be responsible for the reasonable costs and expenses of Global Xpress Limited t/a Box Hub (including storage), for such losses, taxes and customs duties as Global Xpress Limited t/a Box Hub Limited may suffer and for all claims made against Global Xpress Limited t/a Box Hub Limited because a package does not meet any of the restrictions, conditions or representations in paragraph 3.1 and 3.3 above or because of any refusal or suspension of carriage or return of a package or shipment by Global Xpress Limited t/a Box Hub Limited which is allowed by this paragraph 3. In the case of the return of a package or shipment, the shipper will also be responsible for paying return transport charges calculated in accordance with the prevailing commercial rates of Global Xpress Limited t/a Box Hub.
Global Xpress Limited t/a Box Hub will not meet any losses which the shipper may suffer arising out of Global Xpress Limited t/a Box Hub carrying packages which do not meet the restrictions or conditions set out in paragraph 3.1 and 3.3 above and, if Global Xpress Limited t/a Box Hub does suspend carriage for a reason allowed by these terms, the shipper shall not be entitled to any refund on the carriage charges it has paid.
3.6. Perishable and temperature sensitive goods such shipments will be transported provided that the shipper accepts that this is at its risk. Global Xpress Limited t/a Box Hub does not provide special handling for such packages.
4. Customs, Exports and Imports
Global Xpress Limited t/a Box Hub may perform any of the following activities on the shipper’s behalf in order to provide its services to the shipper: (1) complete any documents, amend product or service codes, and pay any duties or taxes required under applicable laws and regulations, (2) act as shipper’s forwarding agent for customs and export control purposes and as the receiver solely for the purpose of designating a customs broker to perform customs clearance and entry and (3) redirect the shipment to receiver’s import broker or other address upon request by any person who Global Xpress Limited t/a Box Hub believes in its reasonable opinion to be authorised.
If any duties, taxes, penalties, charges or expenses are imposed or incurred as a result of any action by the customs authorities or as a result of any failure by the shipper or the receiver to provide correct documentation or any permits or licenses required in connection with carriage, the receiver will initially be charged by Global Xpress Limited t/a Box Hub with payment and, if Global Xpress Limited t/a Box Hub cannot collect payment from the receiver on request, it will be the shipper's responsibility to pay to Global Xpress Limited t/a Box Hub the amount in question.
5. Shipment Charges & Billing
Global Xpress Limited t/a Box Hub’s shipment charges are calculated according to the higher of actual or volumetric weight and any shipment may be re-weighed and re-measured by Global Xpress Limited t/a Box Hub to confirm this calculation. Shipper shall pay or reimburse Global Xpress Limited t/a Box Hub for all shipment charges, storage charges, duties and taxes owed for services provided Global Xpress Limited t/a Box Hub or incurred by Global Xpress Limited t/a Box Hub on shipper’s or receiver’s or any third party’s behalf and all claims, damages, fines and expenses incurred if the shipment is deemed unacceptable for transport as described in Section 3.1 and 3.3. If the shipper does not declare the correct weight or dimensions, or enters other inaccurate information at the time of shipping, then additional charges may be applied to the shipment after collection. In such circumstances Global Xpress Limited t/a Box Hub reserves the right to debit the card used to pay for the original shipment, with any applicable ‘adjustment charges’ in an addition to an administration charge as detailed in the Global Xpress Limited t/a Box Hub surcharges, the most copy of which is published at all times on the Global Xpress Limited t/a Box Hub website.
6. Payment
6.1. If Global Xpress Limited t/a Box Hub Limited is required to pay any taxes, duties or levies on behalf of the shipper, receiver or some other party, and Global Xpress Limited t/a Box Hub is unable to recover such amount on request from the relevant person, that amount will be payable by the shipper on demand. This also applies in cases where the receiver or, in the case of third party billing, the third party fails to pay any charges which they are due to pay.
6.2. Any sum payable to Global Xpress Limited t/a Box Hub which is overdue, according to sections 4 and 5 above, will at the discretion of Global Xpress Limited t/a Box Hub bear interest at the rate of 4% above the UK Base Rate as recorded by HSBC Bank plc (UK) calculated on a daily basis from the due date (as shown on the invoice) to the date Global Xpress Limited t/a Box Hub Limited receives cleared funds in payment whether before or after judgment. In addition, Global Xpress Limited t/a Box Hub reserves the right to charge a late payment administration fee up to a maximum of £60.
6.3. If any sum is not paid by the shipper, receiver or some other party under these terms, Global Xpress Limited t/a Box Hub may hold any packages it is carrying until it receives payment in full or may sell such packages and use the proceeds to make good the debt to it in accordance with applicable local law. Any unpaid balance will remain payable.
7. Global Xpress Limited t/a Box Hub offers no Money Back Guarantee for certain services and destinations.
8. Liability
Global Xpress Limited t/a Box Hub Limited contracts with the shipper on the basis that Global Xpress Limited t/a Box Hub’s liability is strictly limited to direct loss only and to the per kilo/Ib limits in this Section 8. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to Global Xpress Limited t/a Box Hub’s attention before or after acceptance of the Shipment since special risks can be insured by Shipper. If a Shipment combines carriage by air, road or other mode of transport, it shall be presumed that any loss or damage occurred during the air period of such carriage unless proven otherwise. Global Xpress Limited t/a Box Hub’s liability in respect of any one Shipment transported, without prejudice to Sections 9. is limited to its actual cash value and shall not exceed the greater of £50 or:
8.1 Where the Warsaw or CMR Conventions or any national laws implementing or adopting these conventions apply (for convenience referred to as Convention Rules) or where (and to the extent that) other mandatory national law applies, the liability of Global Xpress Limited t/a Box Hub Limited is governed by and will be limited according to the applicable rules.
8.2 Where Convention Rules or other mandatory national laws do not apply, Global Xpress Limited t/a Box Hub will only be liable for failure to act with reasonable care and skill and its liability shall be exclusively governed by these terms and (save in the case of personal injury or death) limited to proven damages not exceeding the greater of either:
(a) £50 per shipment in the case of goods presented in the UK to Global Xpress Limited t/a Box Hub for carriage or
(b) 8.33 Special Drawing Rights ("SDRs") per kilo of the goods affected, unless a higher value has been declared by the shipper under paragraph 9.4 below. An SDR is a unit of account adopted by the International Monetary Fund and its current value is regularly published in major financial newspapers. As at the date of publication of these terms 8.33 SDRs was equal to approximately £7.
8.3 If the claimant (or any person from whom he derives his right to claim) has caused or contributed to any loss, damage or delay to a shipment or package, any liability Global Xpress Limited t/a Box Hub may incur in respect thereof (limited as above) may be reduced or extinguished in accordance with the law applicable to such contributory negligence.
8.4 Subject to the provisions of paragraph 8.5, the shipper may obtain the benefit of a greater limit of liability than Global Xpress Limited t/a Box Hub provides under paragraph 8.2 above or than may be provided by Convention Rules or other mandatory national law. The shipper may do so by declaring a higher value on the Waybill and paying an additional charge as stated at www.box-hub.co.uk. If the shipper declares a higher value for carriage and pays the applicable charge, then Global Xpress Limited t/a Box Hub liability shall be limited to proven damages not exceeding the sum so declared. The value of the goods concerned shall not in any event exceed the limits specified in paragraph 3.3(ii).
8.5 Save where Convention Rules or other mandatory national laws require otherwise, Global Xpress Limited t/a Box Hub does not accept responsibility for purely economic losses, such as the costs of any alternative means of transport, loss of profits, loss of business opportunities or loss of revenue resulting from loss of use, arising from any loss of or damage or delay to a shipment or package, whether or not a value has been declared in respect of the relevant shipment under paragraph 8.4. Global Xpress Limited t/a Box Hub shall not be liable for any damage to or loss of any packaging.
Claims are limited to one claim per shipment settlement of which will be full and final settlement for all loss or damage in connection therewith.
Void claims:
Claims will be deemed to be void if:
In the case of damaged goods, if the receiver has not signed for goods as damaged, any claim will be rendered void.
If the packaging has no signs of damage but the goods inside are damaged, the packaging shall be deemed to be inadequate for the goods being transported.
Were the goods have been unpacked from their original package or moved to another location prior to a damage inspection taking place.
9. Claims Procedure All claims against Global Xpress Limited t/a Box Hub must be notified in writing as soon as reasonably practicable and in any event within 7 days of receipt in the case of damage (including partial loss of a shipment), in the case of delay within 14 days of the goods being placed at the disposal of the person entitled to deliver and in the case of loss within 14 days of the goods being consigned with Global Xpress Limited t/a Box Hub for carriage. In addition, Global Xpress Limited t/a Box Hub will have no liability in connection with any shipment unless legal proceedings are brought and written notice of them is given to it within eight months after Delivery of the goods concerned or, in the case of non-delivery, within eight months from the scheduled date for Deliver. This term shall not affect any rights the shipper may have under Convention Rules or other mandatory national laws.
10. Shipper’s Warranties and Indemnity
Shipper shall indemnify and hold Global Xpress Limited t/a Box Hub harmless for any loss or damage arising out of Shipper’s failure to comply with any applicable laws or regulations and for Shipper’s breach of the following warranties and representations:-
- All information provided by Shipper or its representatives is complete and accurate;
- The Shipment was prepared in secure premises by Shipper’s employees;
- Shipper employed reliable staff to prepare the Shipment;
- Shipper protected the Shipment against unauthorised interference during preparation, storage and transportation to Global Xpress Limited t/a Box Hub;
- The Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling;
- All applicable customs, import, export and other laws and regulations have been complied with; and
- The waybill has been signed by Shipper’s authorised representative and the Terms and Conditions constitute binding and enforceable obligations of Shipper.
11. Routing
Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.
12. Governing Law
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of Global Xpress Limited t/a Box Hub, to the non-exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the shipment and shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.
13. Severability
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.
14. Data Protection The shipper agrees that Global Xpress Limited t/a Box Hub and other companies in the Global Xpress Limited t/a Box Hub group of companies worldwide, including companies in countries which may not have the same level of data protection as the country where the shipment is presented to Global Xpress Limited t/a Box Hub for carriage, may use any data provided by the shipper to Global Xpress Limited t/a Box Hub for management analysis and monitoring, the purchase and supply of customer materials, administration of customer accounts and the advertising of services and products provided by Global Xpress Limited t/a Box Hub Limited companies. The shipper has certain rights under the law (exercisable by contacting Global Xpress Limited t/a Box Hub) to have access to, rectify, object to the use for direct marketing of, or delete personal data held by Global Xpress Limited t/a Box Hub about it.
15. Entire Agreement & Severability It is the intention of Global Xpress Limited t/a Box Hub that all the terms of the contract between it and the shipper are contained in this document and at www.box-hub.co.uk, www.box-hub.co.uk If the shipper wishes to rely on any variation to these terms, it must ensure that that is recorded in writing and signed by the shipper and on behalf of Global Xpress Limited t/a Box Hub before the shipment is accepted for carriage by Global Xpress Limited t/a Box Hub. If any part of these terms is not enforceable, this will not affect the enforceability of any other part.