1.1 Box/es means a packed box or any other item which Trexco agrees in writing may be transported by Trexco in accordance with these Terms;
Collection Address means the address notified by the Customer to Trexco and which Trexco in its entire discretion agrees is where the Boxes are to be collected from;
Contract means the contract between the Customer and Trexco for the Services;
Customer means the person who accepts Trexco quotation for the Services;
Delivery Address means the address or port notified by the Customer to Trexco and which Trexco in its entire discretion agrees is where the Boxes are to be delivered to or such substituted address as Trexco shall in its entire discretion decide;
Force Majeure Event means any event beyond the reasonable control of Trexco including, without limitation, fire, flood, storm, tempest, inclement weather, acts of God, war, civil war or national emergency, protests, riot, civil commotion, acts of terrorism, malicious damage, compliance with law or governmental order, rule or regulation or direction, accident, fuel shortage, lock-out, strikes and other industrial disputes (whether or not relating to Trexco workforce) and restraints or delays affecting carriers.
Prohibited Item means any single item which value exceeds £500.00 Sterling, perishable goods, food stuffs of any description, liquids of any description, tobacco or similar products, hazardous materials or substances included but not limited to paint, matches, aerosol cans, gas canisters or other flammable materials, firearms and ammunition, plants or soil samples of any kind, live or stuffed animals, non-prescription drugs or medicines, corrosive materials or substances and explosives or pornography of any description, or any other article where importation of the article is restricted or prohibited at the destination by law or regulation;
Services means the collection of the Boxes from the Collection Address and the transportation of Boxes from the Collection Address to the Delivery Address;
Terms means these Terms and Conditions;
Trexco means Trexco International Limited, its agents, subcontractors and employees;
Website means www.trexco.net
2.1 These Terms shall govern and be incorporated in every Contract made by or on behalf of Trexco and the Customer. They shall apply in place of and prevail over any terms and conditions (whether or not in conflict or inconsistent with these Terms) contained or referred to in any documentation submitted by the Customer or in correspondence or elsewhere or implied by trade, custom, practise or course of dealing.
2.2 These terms do not affect your statutory rights as a consumer.
3.1 The price of the Services shall subject to clause 4.5 be Trexco’s stated price, or where no price has been stated (or where a stated price is no longer valid), such price as Trexco shall notify to Customer. Where the Customer provides to Trexco a collection date more than 30 days from placing the order for shipping, Trexco shall be entitled to increase any price stated.
3.2 Trexco reserves the right, by giving written notice to the Customer to increase the price of the Services to reflect any increase which is due to any factor beyond the control of Trexco (such as without limitation, changes in the Delivery Address or any changes instigated by the Customer any foreign exchange rate fluctuation, currency regulation, alteration of duties, significant increase in the cost of labour, duties or taxes levied by any governmental authority or statutory body), and any change in delivery date or Delivery Address.
3.3 Trexco offer no guarantee to the charges applicable at the destination. Destination charges are outside of Trexco’s control and any figures quoted by Trexco are an indication only.
3.4 Unless otherwise specified insurance (where opted for by the Customer), VAT and any other tax, duty or charge payable by the Customer shall be added to the price stated.
4. Terms of Payment
4.1 All prices are in UK £ Sterling. A non refundable payment, the amount of which shall vary according to the number of Boxes to be shipped,
4.2 Trexco may provide the Customer with an invoice for the price of the Services on or at any time after delivery of the Boxes.
4.3 No payment shall be deemed to have been received until Trexco has received in full cleared funds in UK £ Sterling.
4.4 Trexco is entitled to offset any amount owing to it from the Customer against any amount owed to the Customer by Trexco.
4.5 If the Customer fails to make any payment in whole or in part on the due date or is otherwise in breach of these Terms, then without limiting any other right or remedy available to Trexco, Trexco may:
4.5.1 cancel the Contract or suspend or withhold delivery of the Boxes;
4.5.2 charge the Customer interest (both before and after any judgement) on the amount unpaid, at the rate of 4% per annum above HSBC plc base rate from time to time, until payment in full is made (a part month being treated as a full month for the purpose of calculating interest);
4.5.3 apply the provisions of clause 9.6 where payment remains outstanding.
5. Additional Charges
5.1 Trexco reserves the right to make and the Customer hereby authorises Trexco to make a charge or charges to the Customer's credit card or debit card where payment is required in the following circumstances (24 hours notice of such a charge will be given):
5.1.1 a Box exceeds the dimensions and cubic volume set out in these terms a charge of 30% above the rate for the whole consignment of Boxes shall apply. Minimum charge £20.00;
5.1.2 a Box requires re-packing by Trexco because the Customer has packed a Prohibited Item or has failed to pack the Box in a manner prescribed by Trexco, a charge of 30% above the premium rate charged in respect of the first Box shall apply. Minimum charge £20.00;
5.1.3 any additional Boxes not declared to Trexco on the destination details form, each box will be charged at the premium rate charged in respect of the first Box;
5.1.4 the Customer has lost their packing list prior to collection of the Boxes and requests a further copy, a charge of £15 shall apply plus an additional charge of £2.50 per page if the packing list is sent by fax;
5.1.5 an administration fee of £15 for refunds;
5.1.6 storage and/or disposal costs where delivery has been detained by a government or regulatory authority or where the Customer was not at the Delivery Address at the time of delivery or delivery could not be made due to reasons beyond Trexco’s control,
5.1.7 the Customer’s cargo is incurring charges for storage prior to shipment being made, storage will be charged at £1.98 + VAT per m3 per day.
6. Box specifications
6.1 Boxes must not unless agreed in writing by Trexco:
6.1.1 contain a Prohibited Item.
6.1.2 have any single dimension exceeding 1.5 metres.
6.1.3 have a girth (L + W + H) exceeding 1 metre.
7.1 The Customer shall accurately complete Trexco’s on line destination details form.
7.2 The Customer must ensure that all Boxes are placed on the ground at the front of the Collection Address, as near to the road as possible ready for collection. Collection may be refused or additional charges may be charged to the Customer if this condition is not met.
7.3 No refunds will be paid to the Customer once the Boxes have been collected from the Collection Address.
7.4 Trexco must receive notification from the Customer of any change to the Delivery Address before Trexco collects the Boxes.
7.5 The Customer shall ensure that:
7.6 The Customer shall provide the collection receipt to the carrier for signing when the Boxes are collected. The carrier shall return the collection receipt to the Customer confirming the number of Boxes collected. Should any collection receipt not be presented to the Carrier, Trexco shall be entitled to rely on the evidence of the carrier as to the number of Boxes collected.
7.7 Trexco retains the right to refuse collection of any Box which:
7.7.1 does not meet the box specifications set out in clause 6.1; or
7.7.2 Trexco in its entire discretion deems unsuitable for transportation.
8.1 Trexco shall deliver the Boxes to the Delivery Address.
8.2 The Customer shall inspect the Boxes on their delivery at the Delivery Address. The Customer must record any damage to the Boxes or missing Boxes on the delivery note. If the Customer fails to sign [and annotate] the delivery note confirming all Boxes are present and undamaged, Trexco are unable to claim against the carrier and the Customer will be responsible for any replacement costs where damage has been caused to the Boxes.
8.3 Trexco must receive notice in writing of any claim within 5 days of delivery of the Boxes, if the Customer fails to do so Trexco will not be responsible for any loss suffered by the Customer.
8.4 Where Trexco is unable to deliver the Boxes to the Delivery Address, Trexco shall inform the Customer in writing and shall have the right to:
8.4.1 store the Boxes at the Customers expense; and:
8.4.2 destroy or dispose of the Boxes and their contents at the Customer's expense within 30 days of notifying the Customer of the failure to deliver.
8.5 The Customer shall pay Trexco on demand any storage fees and associated costs that arise under clauses 6 and 7.
8.6 The Customer shall at all times act in good faith in its dealings with Trexco.
9.1 The following provisions set out the entire financial liability of Trexco (including any liability for the act or omissions of its employees, agents and subcontractors) to the Customer in respect of any breach of these Terms and any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
9.2 Nothing in these Terms excludes or limits the liability of Trexco for death or personal injury caused by the Trexco’s negligence or loss arising from fraudulent misrepresentation.
9.3 Subject to clauses 10.2 and 10.4
9.3.1 Trexco’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this Contract shall be limited to £25 per Box subject to a maximum of the Contract price; and
9.3.2 Trexco shall not be liable to the Customer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
10. Force Majeure
10.1 If Trexco is prevented or hindered or delayed from providing the Services in accordance with these Terms by a Force Majeure Event, Trexco may in it's entire discretion;
10.1.1 suspend delivery of the Boxes to the Delivery Address while the Force Majeure Event continues; or
10.1.2 terminate the contract with immediate effect by written notice to the Customer and Trexco shall not be liable to the Customer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) as a result.
11.1 Trexco may in its absolute discretion subcontract all or any part of the Services to a third party.
12.1 If any Term of a Contract (or part of a Term), is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other Terms shall remain in force.
12.2 If any invalid, unenforceable or illegal Term of a Contract would be valid, enforceable or legal if some part of it were deleted, the Term shall apply with whatever modification is necessary to give effect to the commercial intentions of Trexco.
13.1 The failure by Trexco to exercise or delay by Trexco in exercising any right, power or remedy provided by a Contract or by law does not constitute a waiver of such right, power or remedy or a waiver of any other rights, powers, or remedies. No single or partial exercise of a right, power or remedy provided by a Contract shall prevent any further exercise of the right, power or remedy or the exercise of another right, power or remedy,
14. Third Party Rights
14.1 Nothing in a Contract is intended to confer on any person any right to enforce any Term of Contract which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999.
15. Governing Law and Jurisdiction
15.1 A Contract is governed by, and shall be construed in accordance with, English law.
15.2 The courts of England have exclusive jurisdiction to hear and decide any suit, action or proceedings and to settle any disputes, which may arise out of or in connection with a Contract and, for these purposes, each party irrevocably submits to the jurisdiction of the courts of England.
16.1 A Notice required or permitted to be given by the Customer to Trexco under these terms shall be in writing.
14 August 2012