Terms &. Conditions
1. Definitions
The following terms shall have the following meanings unless the context requires otherwise: -
1.1 "PZP means Point 2 Point Transport whose office is at 42 Chapeldown Rd, Torpoint. Cornwall PL11 2HU and (unless the context precludes the same) includes P2P'S drivers, agents and any person or persons carrying passengers or goods under any contract with P2P.
1.2 ~Conditions~ means the standard terms and conditions of trading set out in this document.
1.3 '7he customer" means any person firm company or organisation to whom P2P agrees to provide any of its services and includes the Customer's servants or agents.
1.4 "Loss" means loss or damage to goods, or non-delivery or mis-delivery.
1.5 " Consignee" means the person to whom P2P delivers the Goods.
1.6 "Goods" means goods or property, whether or not contained in separate parcels, packages, containers or envelopes to be delivered by P2P for the Customer from one
address to another, including any papers and documents.
1.7 "Dangerous Goods" means dangerous goods as defined in the Carriage of Dangerous Goods by Road Regulations 1996 (as amended, re-enacted or extended ITom time to
time), and any other noxious, dangerous, hazardous, inflammable, or explosive goods likely to cause or encourage disease, vermin, pests or other hazard., or any goods likely
to cause damage.
2. General
2.1 All and any business undertaken, including any advise, or information given, or service provided, whether gratuitously or not by P2P is subject to these Conditions and
each Condition shall be deemed to be incorporated in, and to be a condition of, any agreement between P2P and the Customer.
2.2 P2P is not a common carrier and accepts at its sole discretion Goods for carriage subject only t o these Conditions. These Conditions shall apply to the exclusion of any
other terms and conditions (including those of the Customer). Unless agreed in writing by P2P, no employee, agent or sub contractor of P2P is authorised to alter or vary
these Conditions.
2.3 It is agreed by the Customer and P2P that the Contracts (Rights of third Parties) Act 1999 ("the Act") shall not apply to these conditions.
3. Quotations
3.1 All offers and Quotations by P2P are given on the basis of prompt acceptance by the Customer and shall only remain for acceptance for a period of seven days unless
revoked, withdrawn, or verified by P2P prior to such acceptance.
4. Price and Value Added Tax
4.1 Prices quoted are based on the cost of labour, transport, duties, levies, currency, exchange rates and statutory obligations ruling at the date of the quotation and if, before
delivery of the goods, there occurs any increase in any of such costs, the price payable may be increased to allow for such increase. P2P shall also be entitled to increase such
price in the event of any error or omission affecting it or its calculation.
4.2 VAT will be charged to and paid by the Customer in addition to the price referred to in clause 4.1 above at the rate [n force at the appropriate tax point
5. Basis of Trading
5.1 Any Instructions or business accepted by P2P may, in its absolute discretion be fulfilled by P2P itself by its own servants performing part or all of the relevant services, or
by P2P employing or instructing or entrusting the carriage of goods to others to perform part or all of the services.
5.2 Subject to express instructions given by the Customer and accepted by an authorised officer of P2P reserves to Itself absolute discretion as to the means, route and
procedure to be followed in the carriage of passengers, and in the handling, storage and transportation of goods. If in the opinion of P2P it is at any stage necessary or
desirable in the customer's interests to depart from those instructions, P2P shaft be at liberty to do so.
6. Customer's warranties
6.1 Any Customer entering into transactions of any kind with P2P for the carriage of goods expressly warrants that:
6.1.1 It Is either the owner, or the authorised agent of the owner of any goods to which the transaction relates; and
6.1.2 It is authorised to accept and is accepting these Conditions not only for itself, but also as agent for and on behalf of ali other persons who are or may thereafter become
interested in the goods; and
6.1.3 All goods entrusted to it for carriage have been properly and sufficiently packed and labelled.
7. Terms of Payment
7 .1 All sums shown to be due to P2P In its invoices sent to the Customer shall be paid to P2P immediately when due, normally 30 days, without any deductions or payments
and shall not be withheld or deferred on account of any claim, counterclaim or set-off.
7.2lf full payment is not received by the due date for payment:-
7.2.1 Interest shall be payable by the Customer from the date by which payment should have been made on the unpaid amount on a dally basis at the rate of 4% per annum
above the base lending rate of Barclays Bank Plc from time to time in force unless otherwise specified.
7.2.2 P2P shall have the right to suspend any further deliveries under the particular contract or any other contract or accepted order until payment is made in full and in
addition shall have the right to cancel the particular contract in relation to such further deliveries and any other contract with the Customer or accepted order and no time or
indulgence granted by P2P to the Customer shall prejudice any right or remedy which it any have in any manner whatsoever.
8. Liability
8.1 Subject to clauses 8.2 and 8.3 P2P shall be under no liability whatsoever, howsoever arising, whether in respect of or in connection with any goods or any instructions,
business, advice, information or service or otherwise.
8.2 P2P shall only be responsible for any Loss if it is proved that the loss occurred whilst the goods were In the actual custody of P2P and under Its actual control and that
such loss was due to the negligence of P2P.
8.3 P2P shall not be liable for any detention of goods or deJay in delivery of goods or any consequential loss or damage of deterioration arising there from unless:
8.3.1 The customer shall have specified in writing to P2P the nature of the goods and purpose of their transit; and
8.3.2 P2P have agreed In writing with the Customer a time schedule and specification In respect of the transit of the said goods; and
8.3.3 It is proved that such detention; delay, loss, damage or deterioration was due to the negligence of P2P.
8.4 It shall be the responsibility of the Customer to satisfy itself that any load that it wishes to have carried by P2P shall be suitable for transport in the vehicle or machine
ordered by the customer and provided by P2P, and if the Customer accepts the vehicle or machine offered by P2P for the carriage of such load, P2P will accept no liability
whatsoever for any 105S or damage to such load arising from the unsuitability of such vehicle or machine.
8.5 In no case whatsoever shall any liability of P2P, howsoever arising, and notwithstanding any lack of explanation exceed the value of the relevant goods or £25,000 per
consignment, whichever is the lesser.
8.6 In the event of a liability claim the Customer must:
8.6.1 Advise P2P In writing within 7 clear days of any loss from a package Of an unpacked consignment or any Loss: and
8.6.2 Send a quantified claim in writing to P2P within 28 days after the end of the transit of the consignment.
8.7 If the Customer falls to comply with clause 8.6 P2P shall be discharged from all liability whatsoever.
8.8 All Dangerous Goods must be disclosed by the Customer in advance and unless otherwise agreed, P2P will not accept or carry Dangerous Goods.
8.9 If the Customer delivers any such goods to P2P, or causes P2P to handle or deal with any such goods without complete documentation and declarations as may be
necessary the Customer shall be liable for all loss or damage whatsoever caused by or in connection with the goods, howsoever arising, and shall indemnify P2P against all
penalties, claims, damages, costs and expenses whatsoever arising in connection therewith. Furthermore, the goods may be destroyed or otherwise dealt with at the sole
discretion of P2P, or by any other person In whose custody they may be at the relevant time.
B.10 Unless prior written arrangements are made between the Customer and P2P, P2P will not accept or deal with bullion, coins, precious stones, jewellery, valuables,
antiques, pictures (excluding commercial artwork), livestock or plants. If the Customer delivers any such goods to P2P or causes P2P to handle or deal with any such goods
without such prior written arrangements P2P shall be under no liability whatsoever for or in connection with the goods howsoever arising.
9. Force Majeure
Both P2P and the Customer shall be released from the respective obligations in the event of the national emergency, war, prohibitive government regulations or if any cause
beyond the Customer's or P2P's reasonable control renders the performance of any order impossible. This provision shall not relieve the Customer of its obligation to pay for
aU goods delivered pursuant to any instructions.
10. Delivery
Dates for delivery are estimates given in good faith and as accurately as possible but are not guaranteed and P2P cannot accept responsibility for any failure to deliver or late
delivery due to circumstances beyond its control.
11. General
11.1 The headings are for convenience only and do not limit or otherwise affect the interpretation of these conditions.
11.2 These Conditions shall be governed by and construed in accordance with English law and P2P and the Customer agree to submit to the exclusive jurisdiction of the English courts
11.3 If any provision of these Conditions is held by any court or competent authority to be invalid or unenforceable in whole or in part, the validity of the remainder of these
conditions and of such provision shall continue in full force and effect.
VAT REG NO; 10108487472.