The following terms and conditions govern all services provided by A to Z Logistics Solutions. Please read these conditions carefully as they outline our responsibilities and limitations.
We carry the following, but they are not protected by our Liability Cover and must travel at the sender's own risk:
Note: Jewellery and watches can be sent on International Services which offer UK next day delivery with increased liability offering.
We cannot accept the following for carriage on APC Overnight or International Services:
(1) In these Conditions, the following words and expressions have the following meanings:
"ADR"
means the ADR European Agreement Concerning the International Carriage of Dangerous Goods by Road ("ADR") as in force from time to time;
"A to Z"
means A to Z Logistics Solutions (Company Number (14251451);
"A to Z Logistics Website"
shall mean www.atoz-logistics.co.uk
'Business Day'
means any day other than a Saturday or Sunday or public or bank holiday in England and Wales;
'Carrier'
means where A to Z Logistics Solutions is directly entering into a Contract with a Customer,
'Consignee'
means the person or company to whom A to Z Logistics Solutions is to deliver the Consignment in accordance with the Contract with the Customer.
'Consignment'
means goods, whether a single item or in bulk or contained in one parcel, package or container, as the case may be, or any number of separate items, parcels, packages or containers being carried under a Contract.
'Contract'
means the contract of carriage between the Customer and A to Z Logistics Solutions which incorporates these Conditions and any reference to the Contract shall mean the Contract and these Conditions.
'Customer'
means the person or company who contracts for the services of A-to-Z Logistics Solutions including any other carrier who gives a Consignment to A to Z Logistics Solutions for carriage;
'Dangerous Goods'
means goods of the type listed as dangerous goods in The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011 and the ADR;
"EPOD"
means a device which provides for electronic proof of delivery in accordance with Condition 5(2);
'Excluded Items'
means any substances, goods or items listed above as being prohibited from inclusion on any Consignments by the Customer;
'Insolvent'
means the Customer: (A) gives notice under section 84 Insolvency Act 1986 of, or proposes or passes a resolution for, its winding up (save for the purpose of a solvent reconstruction or amalgamation); (B) has a winding up petition presented against it; (C) has a winding-up order made or a notice of striking off filed in respect of it; (D) (i) has an administration order or an application for an administration order made in respect of it, (ii) has a notice of appointment of an administrator or a notice of intention to appoint an administrator filed in respect of it at any court; (E) proposes, makes or is subject to (i) a company voluntary arrangement, (ii) a composition with its creditors generally, (iii) an application to a court of competent jurisdiction for protection from its creditors generally, or (iv) a scheme of arrangement under Part 26 Companies Act 2006 (save for the purpose of a solvent reconstruction or amalgamation); (F) has a receiver or a provisional liquidator appointed over any of its assets, undertaking or income; (G) ceases to trade or appears, in the reasonable opinion of A to Z Logistics Solutions, to be likely to cease to trade; (H)(i) is unable to pay its debts as they fall due, or (ii) the value of its assets are less than its liabilities, including its contingent and prospective liabilities; or (I) is the subject of anything analogous to the foregoing under the laws of any applicable jurisdiction;
'In writing'
includes, unless otherwise agreed by the parties in writing, the transmission of information by electronic, optical or similar means of communication, including, but not limited to, facsimile, electronic mail or electronic data interchange, provided the information is readily accessible so as to be usable for subsequent reference.
'Liability'
means liability arising out of or in connection with the Contract, whether in contract, tort, misrepresentation, restitution, under statute or otherwise, in each case howsoever caused including if caused by negligence.
"Manifest System"
means A to Z Logistics Solutions's own system for the tracking and management of Consignments from time to time;
'Specified Items'
means items such as (but not limited to) living creatures, perishables and other goods liable to spoil, bullion, money, cheques, money orders, securities, tickets, vouchers, stamps, precious metals or precious stones, jewellery, works of art, antiques, memorabilia, watches, wines and spirits, furs, tobacco, glass, ceramics, pottery, porcelain, china, perspex, acrylics, fibre glass, television sets that are non- compatible freight", plasma screens; vehicle parts that are not boxed, bicycles that are not boxed, gearboxes, or any other mechanical part containing oil or invasive liquid, furniture unless in flat pack form, mattresses in plastic covers comprising the Consignment;
'Sub-Contractor'
means a carrier employed by A to Z Logistics Solutions or A to Z Logistics Solutions's Sub-Contractor;
'Transit'
means the period of time when the Consignment is in A to Z Logistics Solutions's possession or control, which shall commence and end in accordance with the provisions of Condition 6.
(1) These Conditions set out the rights and obligations on A to Z Logistics Solutions and the Customer when the parties enter into a Contract for the carriage of goods. A to Z Logistics Solutions accepts goods for carriage only upon the understanding that A to Z Logistics Solutions is not a common carrier and only upon the terms and conditions set forth in these Conditions. These Conditions will apply to all Contracts to the exclusion of all other terms and conditions, including any terms and conditions which may otherwise be implied by trade, custom, practice or course of dealing.
(2) A to Z Logistics Solutions may employ the services of a Sub-Contractor and any such Sub-Contractor may employ the services of a Sub-Contractor for the purpose of fulfilling the Contract in whole or in part.
(3) A to Z Logistics Solutions contracts for itself and as agent of and trustee for its employees and agents and all Sub-Contractors referred to in Condition 2(2) above and such other carriers' employees and agents.
(4) The Sub-Contractors and APC referred to in Condition 2(3) above shall have the benefit of the Contract, shall be entitled to enforce the Contract in accordance with Condition 15(5)(a) and collectively and together with A to Z Logistics Solutions shall be under no greater liability to the Customer or any other party than is A to Z Logistics Solutions.
(1) The Customer warrants and represents that:
(a) the Customer is either the owner of the Consignment or is authorised by such owner to accept these Conditions on such owner's behalf; and
(b) the Customer has all rights, licences, and title to submit the Consignment for carriage under the Contract.
(2) Subject to Condition 3(3), the Customer shall not include, and A to Z Logistics Solutions shall not be obliged to accept for carriage, any Dangerous Goods, or any other Excluded Items in any Consignment under the Contract.
(3) Dangerous Goods may be accepted for carriage by A to Z Logistics Solutions at its sole discretion, but in any event A to Z Logistics Solutions will not do so unless:
(a) the amount carried is under the limited quantity ("LQ") provisions of chapter 3.4 of the ADR; and
(b) carriage of the Consignment is to be made within the UK mainland.
(4) The Customer shall refer to the A to Z Logistics Solutions website for, and shall comply with, all restrictions relating to Consignments, including, but not limited to details of all consignment parameters, including, but not limited to, the permitted size and weight of consignments.
(5) Any delivery times and dates provided by A to Z Logistics Solutions shall be according to A to Z Logistics Solutions's rate tariff and shall be estimates only. A to Z Logistics Solutions shall use reasonable endeavours to deliver Consignments within any estimated timescales provided by A to Z Logistics Solutions to the Customer, but time for delivery of the Consignment will not be of the essence of the Contract.
(1) Subject to the remaining provisions of this Condition 4, A to Z Logistics Solutions shall be responsible for any loading and unloading of the Consignment.
(2) Unless otherwise agreed in advance in writing between A to Z Logistics Solutions and the Customer:
(a) A to Z Logistics Solutions shall not be under any obligation to provide any additional labour, other than one individual driving the vehicle, for loading or unloading the Consignment.
(b) the Customer warrants that any additional labour required for loading or unloading the Consignment will be provided by the Customer or on the Customer's behalf. Whether additional labour is necessary shall be assessed by A to Z Logistics Solutions in its sole discretion;
(c) if additional labour is required for loading or unloading of a Consignment, and the Customer, in breach of the warranty in Condition 4(2)(b) above, does not provide, or provides insufficient, labour, A to Z Logistics Solutions shall:
(i) have the right to refuse to load or unload the Consignment in its sole discretion and the Customer shall be responsible for any additional costs of re-delivery with the appropriate labour; or
(ii) if A to Z Logistics Solutions is instructed to load or unload any Consignment despite the insufficient additional labour and A to Z Logistics Solutions agrees to do so, A to Z Logistics Solutions shall be under no liability whatsoever to the Customer for any damage whatsoever, howsoever caused; and
(d) A to Z Logistics Solutions shall not be required to provide service beyond the agreed place of collection or delivery, and may refuse to provide such service at its sole discretion. If any such service is agreed to be given by A to Z Logistics Solutions, it shall be at the sole risk of the Customer.
(3) The Customer shall indemnify, keep indemnified, and hold A to Z Logistics Solutions, APC and the Sub-Contractors harmless against all Liability (including but not limited to claims, demands, proceedings, fines, penalties, damages, expenses and loss of or damage to the carrying vehicle and to other goods carried) whatsoever which arises as a direct or indirect result of
(a) the instructions given by the Customer under Condition 4(2)(c) or
(b) such service as set out in Condition 4(2)(d).
(1) In relation to the collection of Consignments into Transit, A to Z Logistics Solutions shall either, sign a hard copy document which will then be held and inputted on to A to Z Logistics Solutions's system or signed or scan onto an electronic record on an EPOD acknowledging the receipt of the Consignment by A to Z Logistics Solutions into Transit.
(2) In relation to delivery of Consignments to Consignees, the Consignee will be required to sign either a hard copy document (which will then be held and inputted on to A to Z Logistics Solutions's system by A to Z Logistics Solutions or electronic record on an EPOD acknowledging the receipt of Consignment(s) at the time of delivery – such signature shall form the proof of delivery. Following COVID the signature capture or customer to sign will not be mandatory.
(3) A to Z Logistics Solutions shall not inspect the Consignment at any point before or during Transit, and accordingly the existence of A to Z Logistics Solutions's signature shall not act as evidence of the condition of the Consignment and its nature, quantity or weight declared in the relevant document; the signature is merely proof of collection. The burden of proving the condition of the Consignment and its nature, quantity or weight in a case of dispute, shall rest with the Customer.
(1) Subject to Conditions 9 and 10, risk in the Consignment will be with A to Z Logistics Solutions during Transit.
(2) Unless otherwise agreed, the Consignment shall be delivered to A to Z Logistics Solutions's premises by the Customer. Transit shall commence at the point when either:
(a) A to Z Logistics Solutions takes possession of the Consignment from the Customer at A to Z Logistics Solutions's premises; or
(b) A to Z Logistics Solutions takes possession of the Consignment from the Customer at the location designated in advance by the Customer for the collection of the Consignment by A to Z Logistics Solutions; and
(c) A to Z Logistics Solutions has provided a Proof of Delivery and/or signature for the Consignment in accordance with Condition 5(1).
(3) Subject to Condition 6(5), Transit shall (unless otherwise previously determined) end when the Consignment is unloaded at the address provided in writing by the Customer to the Member Depot at the time the Customer drops the Consignment off or, if specified by the Customer, at the address detailed on A to Z Logistics Solutions's Manifest System for that Customer from time to time and subject to Condition 6(4) below the Consignee has provided a signature for the Consignment in accordance with Condition 5(2) above.
(4) In the event that the consignee is not at the requested delivery point and the Customer has provided A to Z Logistics Solutions with any specific instructions for delivery which mean that the Consignee's signature shall not be required on delivery then provided that A to Z Logistics Solutions, or it's relevant agent carries out such instructions then Transit will be deemed to have ended and A to Z Logistics Solutions shall no longer be liable for the Consignment.
(5) Subject to Condition 7(1) if delivery cannot be made, then the following provisions shall apply:
(a) If the Consignee is not available to take delivery of the Consignment, or no safe and/or adequate access or no adequate unloading facilities exist at the Consignee's address then A to Z Logistics Solutions shall:
(i) leave A to Z Logistics Solutions's form of written notice for the Consignee providing instructions for arrangement of redelivery by A to Z Logistics Solutions or collection by the Consignee; and
(ii) return the Consignment to A to Z Logistics Solutions premises (as will be detailed on the written notice detailed in Condition 6(5)(a)(i) above).
(b) In the circumstances as outlined in this Condition 6(5) Transit shall be deemed to end at the expiry of three (3) Business Days after the notice in Condition 6(5)(a)(i) has been given to the Consignee. For the purpose of this Condition 6(5), written notice will be deemed to have been given at the time the notice is left at the Consignee's address.
(c) when a Consignment is held by A to Z Logistics Solutions for collection from A to Z Logistics Solutions's premises by the Consignee (for example, under instructions such as 'to await order' or 'to be kept till called for') or upon any like instructions and the Consignment is not called for and removed by the Customer or Consignee within three (3) Business Days following the date of collection, or such later date as may be set out in the respective instructions then Transit shall be deemed to end; and
(d) Where A to Z Logistics Solutions delivers a Consignment, but the Consignee does not accept the Goods, A to Z Logistics Solutions may agree, at its sole discretion, to return the Consignment to the Customer free of charge. In such circumstances, A to Z Logistics Solutions does not accept any liability for or in relation to the Consignment for such return service.
(6) Notwithstanding Condition 2(3), if carriage of any Consignment by rail, sea, inland waterway or air is required, this is arranged by A to Z Logistics Solutions as agent of the Customer and such carriage shall be subject to the conditions of the rail, shipping, inland waterway or air carrier contracted to carry the Consignment. A to Z Logistics Solutions shall be under no liability whatsoever to whomsoever and howsoever arising in respect of such carriage except where the Consignment is carried partly by road and partly by such other means of transport, in such circumstances any loss, damage or delay shall be deemed to have occurred while the Consignment was being carried by road, unless the contrary is proved by A to Z Logistics Solutions.
(1) Where A to Z Logistics Solutions is unable to deliver a Consignment to the Consignee, as the Consignee of a Consignment is unidentifiable for whatever reason, A to Z Logistics Solutions shall send such Consignment to any of APC's National Sortation Centres for investigation without delay. The same conditions apply for International consignments via subcontracted suppliers.
(2) In the case of Consignments held at A to Z Logistics Solutions's premises due to the circumstances of Condition 6(5)(a) arising, if the Consignment has not been collected or appropriate delivery re-arranged within [3] Business Days following the date of attempted delivery the Consignment shall be returned to the Customer. A to Z Logistics Solutions reserves the right to charge for such return of the Consignment to the Customer.
(3) Subject to Condition 7(4) below, in the case of Consignments held at A to Z Logistics Solutions's premises due to the circumstances of Condition 6(5)(b) arising, when Transit is deemed to end, the Consignment shall be returned to the Customer A to Z Logistics Solutions reserves the right to charge for such return of the Consignment to the Customer.
(4) If having followed the procedures outlined in Conditions 7(1) to 7(3) (as applicable) the Customer also cannot be identified the Consignment will be held at either A to Z Logistics Solutions premises or APC's National Sortation Centre (as applicable) for a further three (3) calendar months, during which time the Consignment shall be held in accordance with APC's Unidentified Freight policy.
(1) A to Z Logistics Solutions's charges shall be payable by the Customer in accordance with the A to Z Logistics Solutions respective payment terms without prejudice to A to Z Logistics Solutions's rights against the Consignee or any other person.
(2) Charges shall be payable by the Customer in accordance with Condition 8(1) above without reduction or deferment on account of any claim, counterclaim or set-off.
(3) If the Customer becomes Insolvent or any sums owed by the Customer on any invoice or account with A to Z Logistics Solutions become overdue for payment, then
(a) any credit terms shall be cancelled with immediate effect;
(b) A to Z Logistics Solutions will be entitled to invoice all charges incurred which have not yet been invoiced; and
(c) all invoices or accounts issued by A to Z Logistics Solutions shall immediately be deemed due for payment and thereupon become payable.
(4) If any sum payable under this Agreement is not paid on or before the due date for payment A to Z Logistics Solutions will be entitled to charge the Customer interest on that sum at five per cent (5%) per annum above the base lending rate for Bank of England base rate prevailing at the date of A to Z Logistics Solutions's invoice or account, from the due date until the date of payment (whether before or after judgment), such interest to accrue on a daily basis.
The Company reserves the right to vary this price list without any prior warning whatsoever to any customer or party.
Any price list in respect of carriage internationally is purely for the purpose of guidance and shall not ever form part of the Contract.
When goods are accepted or dealt with upon instructions to collect freight, duties, charges or \ /' other expenses from the consignee, or any other person, the Customer shall remain responsible for the same if they are not paid by such consignee or their person immediately when due.
We may vary our rates and/or prices for Services on an annual basis. Prices will be increased each year in line with regard to the UK RPI increase.
(1) Subject always to the limitations of Condition 10 and the remaining provisions of this Condition and save where may be agreed in writing to the contrary between the parties prior to Transit, A to Z Logistics Solutions shall be liable for the physical loss, mis-delivery of or damage to any goods comprising the Consignment caused during transit, except if any of the following occurs, and, where possible, A to Z Logistics Solutions has used reasonable care to minimise the effects of such:
(a) force majeure including, but not limited to, act of God, any consequences of war, invasion, act of foreign enemy, hostilities (whether war or not), civil war, rebellion, insurrection, terrorist act, military or usurped power or confiscation, requisition, or destruction or damage by or under the order of any government or public or local authority riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labour howsoever caused;
(b) insufficient or improper packing;
(c) seizure or forfeiture under legal process;
(d) error, act, omission, mis-statement or misrepresentation by the Customer, the Consignee or other owner of the Consignment or by employees or agents of any of them;
(e) inherent liability to wastage in bulk or weight, faulty design, latent defect or inherent defect, vice or natural deterioration of the Consignment;
(f) insufficient or improper labelling or addressing;
(g) Consignee not taking or accepting delivery within a reasonable time after delivery of the Consignment has been attempted;
(h) the circumstances as set out in Condition 4(2)(c)(ii) or 4(2)(d);
(i) the circumstances as set out in Condition 6(4); or
(j) other circumstances beyond A to Z Logistics Solutions's reasonable control.
(2) A to Z Logistics Solutions shall not be liable for any physical loss, mis-delivery of or damage to Specified Items.
(3) A to Z Logistics Solutions shall not in any circumstances be liable for loss or damage arising after Transit is deemed to have ended within the meaning of Condition 6(3), whether or not caused or contributed to directly or indirectly by any act, omission, neglect, default or other wrongdoing on the part of A to Z Logistics Solutions, its employees, agents or sub-contractors.
Physical Loss, Mis-delivery and Damage
(1) Except as otherwise provided in these Conditions and subject to the other provisions of this Condition 10, the liability of A to Z Logistics Solutions, Sub-Contractors and APC in respect of claims for physical loss, mis-delivery of or damage to goods comprising the Consignment, howsoever arising, shall in all circumstances, subject always to the overall liability cap in Condition 10(1)(C), be limited to the lesser of:
(a) the value of the goods actually lost, mis-delivered or damaged (and the value of the goods actually lost, mis-delivered or damaged shall be taken to be the replacement cost to the Customer at the commencement of Transit, and shall include any Customs and Excise duties or taxes payable in respect of those goods); or
(b) the cost of repairing any damage to or reconditioning the goods; or
(c) a maximum of £100 in respect of a Parcel Consignment and £50 for Mail pack (MP), Courier pack (CP) and Lightweight Consignments (LW) actually lost, mis-delivered or damaged subject to Condition 10(2)
(2) A to Z Logistics Solutions's liability under Condition 10(1)(c) above shall be subject to the following:
(a) the maximum liability to be taken into consideration shall be only the value of the good(s), or part thereof, actually lost, mis-delivered or damaged regardless of whether the loss, mis-delivery or damage affects the value of other parts of the Consignment;
(b) A to Z Logistics Solutions shall be entitled to proof of the value of the whole of the Consignment and of any part which is alleged lost, mis-delivered or damaged;
(c) the Customer shall be entitled to give A to Z Logistics Solutions written notice prior to commencement of Transit requesting that the limitations in 10(1)(c) above be increased. Any increased limit proposed by the Customer shall not exceed the value of the Consignment. A to Z Logistics Solutions shall consider the Customer's request and, if A to Z Logistics Solutions agrees to the increased liability cover, A to Z Logistics Solutions shall notify the Customer of the revised carriage charges that the Customer will be liable for in consideration of the increased limit. A to Z Logistics Solutions shall be entitled to offer the Customer a different increase to the liability cover than requested by the Customer. If the revised carriage charges and increased limit is not acceptable to the Customer, then the aforementioned limitations in 10(1)(c) shall continue to apply; and
(d) in attempting to reach an agreement pursuant to Condition 10(2)(c) above the Customer shall provide A to Z Logistics Solutions with all such information regarding the Consignment as A to Z Logistics Solutions shall need to assess any suggested new limit and charges.
£8.00 per kg up to a maximum of £60.00 unless the shipper declares a higher value and pays the applicable charge equalling 1% of the value of goods with a minimum charge of £5.00.
Up to a maximum of £5000.00 per consignment whichever is the less with a £250.00 excess.
(4) Subject to the other provisions of this Condition 10, including the increased liability cover cap in Condition 10(5), the liability of A to Z Logistics Solutions in respect of claims for any other loss whatsoever (including indirect, economic or consequential loss or damage and loss of market), and howsoever arising in connection with the Consignment, shall not exceed the amount of the carriage charges in respect of the Consignment or the amount of the claimant's proved loss, whichever is the lesser, unless;
(a) at the time of entering into the Contract with A to Z Logistics Solutions the Customer declares to A to Z Logistics Solutions a special interest in delivery in the event of physical loss mis-delivery or damage or of an agreed time limit being exceeded and agrees to pay a surcharge calculated on the amount of that interest, and
(b) at least five (5) Business Days prior to the commencement of transit the Customer has delivered to A to Z Logistics Solutions written confirmation of the special interest, agreed time limit and amount of the interest.
(5)(a) Except in relation to the items specified in Condition 5(b), A to Z Courier Service's Sub-Contractor's and APC's liability in respect of each Consignment manifested on the Increased Liability Cover option shall be limited to the value declared by the Customer for that Consignment or £15,000 (whichever is the lesser).
(b) In the case of computer equipment, peripherals, software, mobile telephones and accessories, or other audio - visual equipment, A to Z Courier Service's Sub-Contractor's and APC's liability shall not be greater than £3,000 per Consignment.
(6) A to Z Logistics Solutions shall not in any circumstances be liable in respect of a Consignment, whether such Consignment has been delivered or not, where:
(a) there has been fraud on the part of the Customer, Consignee, or the employees or agents of any, in respect of that Consignment. or
(b) where there has been criminal activity on the part of the Customer, Consignee, or the employees or agents of any, in respect of that Consignment.
(7) For the avoidance of doubt, A to Z Logistics Solutions enters into these Conditions with the Customer and the Customer's remedies are solely against A to Z Logistics Solutions. The Customer shall not have any claim against any other party in respect of a breach of these Conditions but A to Z Logistics Solutions shall be liable for any and all claims from Customers in relation to any Consignment.
(8) The provisions of Condition 12 shall apply to all claims by the Customer.
(1) The Customer shall indemnify, keep indemnified and hold A to Z Logistics Solutions, harmless against:
(a) all Liability incurred by A to Z Logistics Solutions (including but not limited to claims, demands, proceedings, fines, penalties, damages, expenses and loss of or damage to the carrying vehicle and to other goods carried) by reason of:
(i) any error, omission, mis-statement or misrepresentation by the Customer or other owner of the Consignment or by any servant or agent of either of them,
(ii) insufficient or improper packing, labelling or addressing of the Consignment; or
(iii) fraud or criminal activity as in Condition 10(6);
(b) all claims and demands whatsoever (including for the avoidance of doubt claims alleging negligence), by whomsoever made and howsoever arising (including but not limited to claims caused by or arising out of the carriage of Dangerous Goods and claims made upon A to Z Logistics Solutions by HM Revenue and Customs in respect of dutiable goods consigned in bond) in excess of the liability of A to Z Logistics Solutions under these Conditions in respect of any loss or damage whatsoever to, or in connection with, the Consignment whether or not caused or contributed to directly or indirectly by any act, omission, neglect, default or other wrongdoing on the part of A to Z Logistics Solutions, its employees, agents or sub-contractors.
(1) Subject to Condition 12(2), A to Z Logistics Solutions, APC and the Sub-Contractors shall not be liable for:
(a) damage to the whole or any part of the Consignment, or physical loss, mis-delivery or non-delivery of part of the Consignment unless advised of such loss, mis-delivery or non-delivery in writing by the Customer within three (3) Business Days, and proof of the claim is provided within ten (10) Business Days, after the end of Transit,
(b) any other loss unless advised of such loss in writing by the Customer within twenty (20) Business Days and proof of the claim is provided thirty (30) Business Days, after the commencement of Transit.
(2) If the Customer proves that:
(a) it was not reasonably possible for the Customer to advise A to Z Logistics Solutions or make a claim in writing within the time limit applicable, and
(b) such advice or claim was given or made within a reasonable time,
A to Z Logistics Solutions shall not have the benefit of the exclusion of liability afforded by Condition 12(1).
(3) A to Z Logistics Solutions shall in any event be discharged from all liability, whatsoever and howsoever arising, in respect of the Consignment unless proceedings are commenced and notice in writing is given to A to Z Logistics Solutions within one (1) year of the date when Transit commenced.
(1) A to Z Logistics Solutions shall have:
(a) a particular lien on the Consignment, and
(b) a general lien against the Customer for sums unpaid on any invoice, account or Contract whatsoever.
If such lien, whether particular or general, is not satisfied within a reasonable time, A to Z Logistics Solutions may sell the Consignment, or part thereof, as agent for the Customer and apply the proceeds towards any sums unpaid and the expenses of the retention, insurance and sale of the Consignment and shall, upon accounting to the Customer for any balance remaining, be discharged from all liability whatsoever in respect of the Consignment.
(2) The Customer shall provide A to Z Logistics Solutions with details of any lien which it wishes to exercise on any Consignment.
(3) A to Z Logistics Solutions may, at its absolute discretion, exercise its lien at any time, including in circumstances where the Customer has appointed an administrator, liquidator, receiver or supervisor, or has entered into an arrangement with its creditors or is unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or any amendment or re-enactment thereof.
The Customer shall be liable to pay demurrage for unreasonable detention of any vehicle, trailer, container or other equipment at A to Z Logistics Solutions's current rates of demurrage but the rights of A to Z Logistics Solutions against any other person in respect thereof shall remain unaffected.
(1) These Conditions and all Contracts shall be governed by English law.
(2) Any proceedings whatsoever against A to Z Logistics Solutions, APC or the Sub-Contractors, whether based in contract or tort, shall be notified in writing to A to Z Logistics Solutions within the time limit detailed in Condition 12(3) and instituted only in the English courts, and without prejudice to the foregoing, A to Z Logistics Solutions, APC and the Sub-Contractors shall continue to be subject to the exclusive jurisdiction of the English courts.
(3) For the avoidance of doubt, the Contract shall be deemed to have been made in England.
(1) A to Z Logistics Solutions shall be entitled to process the Customer's personal data in accordance with the terms of A to Z Logistics Solutions's privacy policy.
(2) The Customer shall comply with all applicable data protection legislation, including the Data Protection Act 2018 and the UK GDPR, in relation to any personal data (as defined in such legislation) that it provides to A to Z Logistics Solutions.
(3) The Customer warrants that it has obtained all necessary consents from data subjects for the provision of their personal data to A to Z Logistics Solutions for the purposes of A to Z Logistics Solutions performing the Contract.
(4) The Customer shall indemnify A to Z Logistics Solutions against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by A to Z Logistics Solutions arising out of or in connection with any breach by the Customer of this Condition 16.
(1) Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by Condition 17(2).
(2) Each party may disclose the other party's confidential information:
(a) to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under or in connection with the Contract. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party's confidential information comply with this Condition 17; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
(3) No party shall use any other party's confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with the Contract.
(1) Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
(2) In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for four (4) weeks, the party not affected may terminate the Contract by giving seven (7) days' written notice to the affected party.
(3) A to Z Logistics Solutions shall not be liable for any delay or failure to perform any of its obligations under the Contract due to the Customer's failure to provide A to Z Logistics Solutions with adequate delivery instructions or any other instructions that are relevant to the supply of the Services.
(1) If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract.
(2) If any provision or part-provision of the Contract is deemed deleted under Condition 19(1), the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
(1) A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
(2) A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
At A to Z Logistic Solutions, based in Orpington, we are dedicated to providing exceptional logistics services. To uphold our commitment, we periodically review and update our terms and conditions to ensure compliance with regulations, increase transparency, and enhance operational efficiency.
Any modifications to our terms and conditions will be promptly communicated via suitable channels, including notifications on our website or direct emails to you.
We encourage all our clients to regularly review our terms to maintain a seamless partnership with A to Z Logistic Solutions. Continued use of our services following updates indicates your acceptance of the revised terms.