Key Terms & Standard Terms of Contract — Clauses 1 to 4
KEY TERMS
Please read these Terms and Conditions with care and particularly clauses 3.2, 6, and 9, which set out the extent of our liability under these terms and conditions and provide for an indemnity by you in certain circumstances.
Prohibited Items
Please note that certain items are Prohibited Items and cannot be sent by any of our Services. Check your item against the prohibited item list here: https://rwex.uk/prohibited-items/ We reserve the right to deal with any Prohibited Items at our sole discretion without being liable in any way to you or the recipient of the Consignment containing the Prohibited Item(s). For the avoidance of doubt, this means that if these items are carried, they are carried without parcel protection for damage or loss. We have the right to dispose of any Prohibited Items, in whole or in part, as we decide and reserve the right to charge you for any reasonable costs we incur in doing so.
No Protection Items
Certain other items are carried without parcel protection for damage or loss and at your risk. We do not accept any liability for damage to or loss made by these items caused through the use of our Service (the No Protection Items). Check your item against the item list not protected here: https://rwex.uk/special-provisions-no-protection-items/ For further details it is important that you read clause 6.11.
Standard Terms of Contract
1. Definitions
In these Terms and Conditions where the following terms are used, they shall have the following meanings:
(a) “Consignment” means any item(s) of any sort which are, may be, or are intended to be, received by us from any one sender at an address for us to carry and deliver to any recipient at any other address.
(b) “Damaged Consignment” means a Consignment that is no longer in the condition in which it was received by us, or which is or becomes a health and safety risk.
(c) “No Protection Items” means items that are carried without parcel protection for damage and at your risk.
(d) “Out of Gauge” a Consignment is deemed Out of Gauge if it is outside of the weight and dimensions that we carry on a particular service.
(e) “Prohibited Items” means cannot be carried on any Service.
(f) “Purchased” means when you accept the Service Order.
(g) “TheCollection Point” means the address at which a Consignment is received or collected by us.
(h) “The Delivery Point” means the address to which any Consignment is delivered by us.
(i) “The Excepted Risks” means:
(i) war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power, or loot, sack or pillage in connection, and/or
(ii) ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, and/or
(iii) radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component of the same, and/or
(iv) pressure waves caused by aircraft and other aerial devices travelling at the speed of sound or faster, and/or
(v) the absence, failure or inadequacy of the packing or packaging used for a Consignment.
(j) “The Service Order” means the summary of the order displayed during the ordering process which is confirmed to you in the confirmation e-mail that is sent once acceptance of the order has occurred.
(k) “ThisAgreement” means these terms and conditions, together with the Service Order.
(l) “Us, We or Our” means RWorld Express UAE Limited, together with its directors, employees any agents subcontractors or couriers acting on its behalf.
(m) “You” means the customer who is contracted with us as set out in the Service Order.
(n) “Returned to Sender” A Consignment may be returned to sender (i.e. to us) if the recipient sends it back to us and you:-
(i) do not accept receipt of that item;
(iii) do not pay any outstanding charges; and/or
(iii) if the item is delivered and is an Out of Gauge item for which you nor the recipient pay the underpayment.
(o) “Service” means the service and carriage of a Consignment by us in accordance with the particulars set out in the Service Order.
2. Our Obligations
2.1 We will carry out the Service(s) for you whilst this Agreement is in force, in return for the payment by you to us of the price set out in the Service Order and in accordance with the terms of this Agreement.
2.2 We shall have the right to make any changes to the Service(s) which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the Service(s) and we shall notify you of any such changes.
2.3 We warrant that the Service(s) will be provided using reasonable care and skill.
3. Loading and Unloading
3.1 If collection or delivery of a Consignment takes place at your premises, we shall not be under any obligation to provide any equipment or labour which, apart from the driver collecting the Consignment, may be required for loading or unloading of a Consignment.
3.2 Any Consignment (or part of a Consignment) requiring any special equipment for loading and unloading shall be accepted by us for transportation only on the understanding and condition that such special equipment will be made available at the Collection Point and the Delivery Point as required. Where such equipment is not available and if we agree to load or unload the Consignment (or part of the Consignment) we shall be under no liability or obligation of any kind to you for any damage caused (however it may be caused) during the loading or unloading of the Consignment. This includes any damage caused whether or not by our negligence and you shall agree to indemnify and hold us harmless against any claim or demand from any person arising out of our agreeing to load or unload the Consignment in these circumstances.
4. Collection and Deliveries
4.1 We will make one attempt to deliver a Consignment during normal working hours. If we cannot obtain a delivery receipt at the Delivery Point you agree that we shall be authorised to attempt to deliver the Consignment to, or obtain a delivery receipt from, an alternative address close to the Delivery Point and (if successful) we agree that we will leave at the Delivery Point details of the address to which we have delivered the Consignment. If we are unable to deliver, either to the Delivery Point or a nearby address, we shall return the Consignment to our premises and leave a request for the recipient of the Consignment to contact us to make alternative delivery arrangements to the Delivery Point. If the recipient does not contact us to arrange the alternative delivery within 7 days we will return the Consignment to you at your cost (such cost to be discharged before delivery to you).
4.2 If we consider that the Consignment has become a Damaged Consignment and cannot be delivered because it is or in our reasonable opinion is likely to be unsafe hazardous or harmful we reserve the right to dispose of the Damaged Consignment immediately. If the Consignment becomes a Damaged Consignment because of our actions and we have to dispose of it we will only be liable to you up to the amounts specified in 6.7.