The contractual terms below are the standard terms set out by a Locovan registered driver for providing Courier Services to their customers. Any additional Courier specific terms will be detailed to their customers prior to accepting the job.
COURIER TERMS BETWEEN CUSTOMER AND COURIER
1.1 The parties to these Courier Terms are the person ordering courier services by means of the Locovan mobile application (“Customer”) and the person who accepts such order by means of the Locovan Mobile application (“Courier”). References to the “App Terms” shall mean the terms to which these Courier Terms are appended, being (in the case of the Customer) the App Terms, and (in the case of the Courier) the Platform Service Terms. Terms defined in the App Terms shall bear the same meaning in these Courier Terms. The Customer and the Courier acknowledge that Locovan Ltd is not a party to these terms and is neither providing, receiving, buying or selling the Courier Services.
2.1 The expression 'the Goods' means the items listed on the Locovan Booking Record and where the Goods comprise more than one separate item or package the expression shall where the context so admits refer to the whole or any part of them.
2.2 The expression 'Excluded Goods' means:
2.2.1 explosive inflammable toxic corrosive and other dangerous items;
2.2.2 firearms parts of firearms (including imitation firearms and parts thereof) and ammunition, flares and like items;
2.2.3 living creatures of all descriptions;
2.2.4 controlled waste;
2.2.5 offensive or noisome items and items capable of contaminating others by smell or otherwise unless securely packed in airtight containers;
2.2.6 all other items the possession or carriage by road of which is prohibited by law.
2.3 The Courier is not a common courier and does not contract as such.
2.4 The expression 'Locovan Booking Record' means the record of the Courier Services as stored by Locovan Ltd in the App.
2.5 The expression ‘Consignee’ is the recipient of the Goods as specified in the Locovan Booking Record.
3. Courier's obligations
Subject to the provisions of these terms the Courier undertakes as follows:
3.1 to deliver the Goods to the Consignee named in the Locovan Booking Record at the delivery address given in the Locovan Booking Record with all reasonable dispatch;
3.2 where the Goods cannot be delivered to the consignee within a reasonable time to advise the Customer and follow any subsequent instructions of the Customer.
4. Liability of the Courier
4.1 Nothing in these Terms shall limit or exclude the Courier's liability for:
4.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; or
4.1.2 fraud or fraudulent misrepresentation; or
4.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
4.2 The Courier shall not be liable for any loss damage error or omission if the Courier establishes that on the balance of probabilities this was substantially caused by one or more of the following:
4.2.1 act of God;
4.2.2 war or hostile military action rebellion riot or civil commotion;
4.2.3 orders of any government public or local authority;
4.2.4 strike lockout or other industrial action;
4.2.5 lack of or defective condition of packaging;
4.2.6 any act or matter occurring prior to the Courier taking possession of the Goods or subsequent to the delivery of the Goods by the Courier;
4.2.7 any act of the Customer or consignee or any person acting on behalf of either of them in relation to the handling loading stowage or unloading of the Goods;
4.2.8 the nature of the Goods exposing them to total or partial loss or damage to breakage rust decay desiccation leakage wastage inherent or latent defect or vice or natural deterioration;
4.2.9 insufficiency or inadequacy of marks or numbers on the Goods or their packaging;
4.2.10 other act or omission of the Customer the consignee or their respective employees agents and contractors.
4.3 The Courier shall not be liable for any loss damage error or delay unless notice is given to the Courier in writing:
4.3.1 in the event of damage or partial loss within 3 days of actual delivery;
4.3.2 in any other case within 14 days of the date on which delivery was due.
4.4 Subject to clause 4.1, the Courier shall not be liable, whether in tort (including for negligence, conversion or breach of statutory duty), contract, misrepresentation or otherwise for:
4.5 loss of profits; or
4.6 loss of business; or
4.7 depletion of goodwill or similar losses; or
4.8 loss of anticipated savings; or
4.9 loss of contract; or
4.10 loss of use; or
4.11 loss or corruption of data or information; or
4.12 any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
4.13 The Courier's liability in respect of any loss, damage to Goods, or misdelivery or delay in delivery of Goods shall not exceed the greater of £1000 per package or the value of the Goods damaged lost delayed or misdelivered.
4.14 Subject to clause 4.1, the Courier shall not be responsible for any loss of profit or loss of business, or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
5 Customer's obligations
Subject to the provisions of these terms the Customer undertakes as follows:
5.1 that in relation to the Goods the Customer is either solely beneficially entitled to the Goods or has the authority of all those interested in the Goods to enter into the Booking on these terms and to bind them to its terms;
5.2 that in the event of any claim by any third party against the Courier arising out of these terms to indemnify the Courier against that claim and all legal and other costs incurred except to the extent that the Customer establishes that the Courier would have been liable to the Customer had the original claim been made by the Customer but on the assumption that the Customer had retained title to the Goods;
5.3 not to tender any Excluded Goods for carriage and to indemnify the Courier against any loss suffered by the Courier and all claims made against the Courier arising out of any breach of this undertaking together with all legal and other costs incurred by the Courier in connection with such a breach;
5.4 to specify accurately the weight of the Goods.
6.1 Payment for delivery of the Goods is pre-authorised by means of the App and is due on delivery of the Goods by the Courier to the Consignee.
The Courier may carry the Goods by any route.
8.1 The Customer shall pay to the Courier the amount required to indemnify the Courier against any claim arising out of the custody or carriage of the Goods in pursuance of or in connection with these terms by any person or entity having an interest in the Goods and any costs and expenses associated with such a claim.
8.2 The Courier shall hold any sum paid in respect of any such claim against any of the Courier's employees agents or sub-contractors and in respect of their costs and expenses associated with such a claim in trust for such persons.