TERMS AND CONDITIONS
Meanings of the terms defined in this article are used in the conditions of the Shipping Contract concluded between the Clients and Alfaparcel.
Alfaparcel shall mean, a company registered in England and Wales, number 06698023, VAT number GB993332987. Registered office and trading address is at 11 Gold Leaf Industrial Park, Sandall Road, Wisbech, Cambridgeshire, PE13 2GA, United Kingdom.
Parcel and/or cargo shall mean goods transported within the framework of ground transportation, using an electronic information system for transportation organizing and tracking (www.alfaparcel.co.uk) for the purpose of delivery of such goods to the consignee, in accordance with the individual waybill, within the minimum possible and/or fixed expected timeframe.
The Consignor shall mean legal or physical entity who handed over the cargo to Alfaparcel for shipping.
The Consignee shall mean a consignee specified in writing on the individual waybill of Alfaparcel.
The Client shall mean a consignor or a consignee, a bearer of an individual waybill of Alfaparcel, an owner of the contents of cargo, or any other person who holds the rights in respect of said cargo.
Prohibited items shall mean things or materials not accepted for shipment by law in or through any countries territory which the cargo is shipped.
2. SHIPPING CONTRACT
2.1. These terms and conditions represent a public offer and constitute the Shipping Contract of parcels and/or cargo between the Client and Alfaparcel.
2.2. Placement of the application for delivery of parcel and/or cargo by the client shall mean conclusion of the Shipping Contract between the Client and Alfaparcel, as well as consent of the Client with these terms and conditions of shipment and customs escort.
2.3. The Clients agree that Alfaparcel is entitled to enter into contractual relations with third parties under any acceptable conditions, for the purpose of performance of this contract or part thereof, or rendering other services, including customs clearance services.
3. ACCEPTANCE OF TERMS OF SHIPMENT AND CUSTOMS ESCORT
3.1. The Clients shall accept the terms of this Contract, if they hand over parcel and/or cargo to Alfaparcel on their behalf or on behalf of another person who has the right to parcel and/or cargo, independent of the fact whether the Clients signed the individual waybill of Alfaparcel or not.
3.2. These terms and conditions of shipment apply to all persons involved or entered into a contract by Alfaparcel to receive, send, transport and deliver parcels and/or cargo, customs escort, and can be applied by said persons, customs representatives, employees, directors and agents.
3.3. Any additional instructions of the Client regarding the shipped parcel and/or cargo not included in this Contract shall be effective only in the case of signing a supplementary contract between Alfaparcel and the Client.
4. DANGEROUS CARGO
4.1. Hazardous Cargo
4.1.1. Alfaparcel does not accept parcels and/or cargo for transportation, which in its discretion are determined to be dangerous and can cause harm to parcels and/or cargo of other Clients.
4.2. Items Prohibited for Shipment
4.2.1. Alfaparcel does not accept parcels and/or cargo for transportation, containing items prohibited by the laws of countries of destination.
4.2.2. The Consignor, physical or legal entity, ensures personal preparation of parcel and/or cargo for shipment or provision of other services in a safe place, as well as ensuring that parcel or cargo was prepared by the appointed officer of the consignor and that there was no unauthorized access to parcel and/or cargo during such preparation, storage and transportation before acceptance of parcel and/or cargo for shipment.
5. RIGHT OF INSPECTION
5.1. The Clients agree with the right of Alfaparcel, as well as the right of customs representatives and authorized government agencies including customs, to open and check parcels and/or cargo in order to comply with legislation or eliminate possible harm to other parcels and/or cargo, including in cases of suspicion of inadmissible or dangerous items within.
5.2. The Clients agree with the right of Alfaparcel and/or subcontractors of Alfaparcel to have an appointed customs representative present during customs examination and conduct of other customs procedures and formalities, for and on behalf of said Clients.
6. Penalties for incorrect information
6.1. Upon arrival of all parcels we check the weight and dimensions to make sure that everyone has paid the correct price. If Client provides the incorrect information when booking the parcel then they will penalised with a £10 fee, as well as the outstanding price for the difference in actual weight price bracket.
All outstanding payments must be paid via Bank Transfer and cleared before we can process with the order.
7. CUSTOMS ESCORT
7.1. If customs authorities require additional documents to confirm customs declarations for import/export of goods or parcels, the required documentation shall be provided by the Client upon their own account.
7.2. The Clients undertake to provide complete and accurate information relating to exportation and importation of parcels and/or cargo. The Clients should be aware that in cases of providing false or misleading information about the parcel or cargo or its contents, a civil suit may be brought against them and/or they may be held criminally liable, and therefore, they may be punished in the form of confiscation and sale of said parcel and/or cargo belonging to the Clients. Alfaparcel may assist on a voluntary basis in the implementation of customs clearance and other procedures, but all risk will be accepted and assigned to the Client. The Client shall indemnify Alfaparcel against losses and protect it from claims which may arise in connection with the information provided by them, as well as any costs that may be incurred by Alfaparcel in connection with the aforementioned provisions, as well as pay any administrative costs associated with rendering of services provided herein.
7.3. Any customs duties, taxes, including but not limited to, value added tax,( if payable), fines, storage costs or other expenses that Alfaparcel (including customs representatives) may bear as a result of actions of customs or other government authorities, or in connection with the fact that the Clients are not able to provide a properly verifiable list of documents, and/or obtain the necessary license and/or permits, shall be repayable by the Client. The Consignor shall assume the payment of customs duties and taxes, as well as administrative costs associated with additional work and any other additional costs incurred if Alfaparcel invoices the Consignee and the Consignee refuses to pay the aforementioned customs duties and taxes.
8.1. Responsibility of Alfaparcel for loss or damage to the cargo, or part thereof, is dependent upon the shipping method and is determined by the provisions of international conventions or national laws.
8.1.1. Road Transportation.
If shipping of express cargo is carried out by way of road transport to the country, across the country or from the country, which is party to the Convention on the Contract for the International Carriage of Goods by Road of 1956, then the responsibility of Alfaparcel for loss or damage to the cargo or parcel, or part thereof, shall be governed by said Convention.
8.1.2. If these international conventions are not enforced and Alfaparcel is responsible for breach of the contract, negligence or intent in the actions (or inactions), Alfaparcel’s responsibility for loss, damage, delivery to the wrong specified address, non-delivery of a parcel, cargo, or part thereof, in any case, shall be limited to the declared value of the parcel and/or cargo at the time of transportation, but the amount of compensation in each case cannot exceed 600 GBP per one parcel and/or cargo.
8.1.3. Cost of delivery of each parcel and/or cargo shall include insurance in the amount of up to 50 GBP. Upon the client’s request, parcel or cargo may be further insured against loss with a maximum amount of compensation from between 50 GBP to 600 GBP. The cost for extra insurance against loss is 3% of the value of the contents of the parcel and/or cargo. Extra insurance shall only be valid in case of loss of the parcel and/or cargo and shall not be valid in case of damage to the parcel and/or cargo or loss or theft of contents of said parcel and/or cargo. Insurance shall be paid if the parcel and/or cargo is not delivered to the client within 90 days from dispatch of the parcel and/or cargo from the warehouse of Alfaparcel. The parcel and/or cargo shall be deemed delivered if they have been assigned a “Handed in” status on the website of the Post Office of destination country. When the status is designated as“Unsuccessful attempt of handing in” to the consignee, the parcel and/or cargo cannot be considered lost.
9. ELIMINATION OF RESPONSIBILITY
9.1 Alfaparcel shall not be responsible for loss of income, profits, sales markets, customer reputation or any opportunity to use the content or any other opportunities, even if Alfaparcel knew that the Client may have such losses, as well as for consequential losses, incidental costs, special damages, which were in anyway related, inter alia, with breach of the contract or carelessness in regards to actions, negligence or intent.
9.2 Alfaparcel shall not be responsible for failure to fulfill obligations to the Clients occurring due to:
- natural disasters: earthquakes, cyclones, hurricanes, floods, fires, epidemics, fogs, snowfall, frost, i.e. extreme weather;
- Force majeure, including but not limited to: wars, disasters, acts of public enemies, strikes, embargoes, occurrence of risks specific for air transportation, local conflicts and acts of civil disobedience;
- Service interruptions in the networks of local or national air and ground transportation, technical failures in transport and equipment;
- Latent defects or congenital defects of cargo contents;
- Criminal acts of third parties such as theft, arson, etc.
- Acts or omissions of customs authorities, airline employees and airport or government officials.
- The fact that the content of the parcel and/or cargo is a prohibited item, including if Alfaparcel has accepted the parcel and/or cargo for shipment due to error.
- Damage to the parcel and/or cargo being due to insufficient or poor packaging, or the absence of packaging labels prescribing a certain mode of handling during transportation/transloading of the parcel and/or cargo.
10. CLAIMS BY THE THIRD PARTIES
The Client warrants that it will not allow any third parties interested in the parcel and/or cargo to present claims to Alfaparcel or take any legal actions if Alfaparcel has not performed or has improperly performed its obligations. If a claim or action does take place, the Client undertakes to indemnify Alfaparcel from consequences of such claims, actions and associated costs.
11.1. In case of claims on the part of the Client for loss, damage or delay of the parcel and/or cargo, or additional claims for damages, the Client shall strictly observe the regulations of applicable Conventions,and the following procedural rule; in any case of non-compliance, Alfaparcel reserves the right to refuse the Client an examination of the claim:
11.1.1. The Client shall notify Alfaparcel in writing about the loss or delay of the parcel and/or cargo within twenty (20) days after delivery or from the date when the parcel and/or cargo was expected to be delivered, or from the date when the Client has been notified of such loss, damage or delay in delivery. The Client shall submit all documents related to the parcel and/or cargo and/or its loss, damage or delay. Alfaparcel shall not take action to satisfy any claim until transportation services are paid. The Client shall not be entitled to retain the amount of damage from the amount/cost of transportation services.
11.1.2. Upon delivery of the parcel and/or cargo, the Client and/or the consignee recipient shall make a record in the delivery list or its official analogue equivalent of damage to the parcel and/or cargo. Otherwise, Alfaparcel shall deem the parcel and/or cargo delivered in satisfactory condition. To consider the claim for damage to the parcel and/or cargo, Clients shall submit a verifiable video record of the primary/initial opening of the parcel and/or cargo upon receipt.
12. RATES AND PAYMENT
12.1. Payment for the transportation services rendered from point of departure to destination point according to the completed form on the website of Alfaparcel, shall be made in full by the Clients, according to the rates and prices in force. The Client agrees that the weight and/or number of seats defined by Alfaparcel when accepting the parcel and/or cargo shall be used for the purposes of calculating the cost.
12.2. Obligation to pay import duties, taxes and other charges that may arise in the country of destination falls upon the consignee.
12.3. Payment for services rendered can be made by third parties on behalf of Clients.
13. PERSONAL INFORMATION
By handing over the cargo for delivery to Alfaparcel, the Clients, on their own accord and behalf and on behalf of Alfaparcel, shall confirm consent to collection, storage, transfer, disposal and processing of personal and confidential information.