Falcon Express Ltd: Terms and Conditions of Carriage

Effective Date: 2024

These Terms and Conditions govern the services provided by Falcon Express Ltd (“the Carrier”) and apply to all transactions between the Carrier and the Customer. By booking or using our services, the Customer acknowledges and agrees to these Terms and Conditions. These Terms aim to clearly outline the responsibilities, liabilities, and rights of all parties involved and ensure compliance with applicable laws.

1. Definitions

1.1 “Carrier”: Falcon Express Ltd, including its employees, subcontractors, and agents.
1.2 “Customer”: The individual, company, or legal entity using the services of the Carrier.
1.3 “Consignment”: Any parcel, package, or goods accepted by the Carrier for transportation under these Terms.
1.4 “Prohibited Items”: Items that the Carrier does not transport, including hazardous materials, liquids, and other restricted goods as specified in Clause 5.
1.5 “Force Majeure”: Events beyond the Carrier’s reasonable control, including but not limited to natural disasters, strikes, war, terrorism, and government restrictions.
1.6 “Proof of Delivery (POD)”: Documentation or electronic evidence of delivery, such as signatures, photographs, or timestamps.
1.7 “Special Handling Items”: Goods that require specific handling or transport arrangements, such as fragile, high-value, or temperature-sensitive items.

2. Contractual Basis

2.1 These Terms and Conditions form the entirety of the agreement between the Carrier and the Customer, superseding any prior agreements or representations.
2.2 Any variation to these Terms must be explicitly agreed in writing by an authorized representative of the Carrier.
2.3 If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

3. Services Provided

3.1 The Carrier offers the following services:

• Same-day delivery services.
• Next-day delivery services.
• Specialized delivery services, including white-glove handling for fragile and high-value items.
  3.2 The availability of specific services is subject to operational capacity and location constraints.
  3.3 The Carrier reserves the right to refuse any Consignment without obligation to provide a reason.

4. Customer Responsibilities

4.1 Accuracy of Information:
The Customer must provide accurate and complete details regarding:

• The Consignment’s contents, dimensions, weight, and value.
• Collection and delivery addresses, including recipient contact information.

4.2 Packaging and Labelling:

• The Customer is responsible for ensuring that all items are securely packaged and properly labelled to withstand normal transportation conditions.
• Improper packaging or labelling voids the Carrier’s liability for any resulting damage or delay.

4.3 Compliance:

• The Customer warrants that the Consignment does not include Prohibited Items as defined in Clause 5.
• The Customer indemnifies the Carrier against all liabilities arising from the transportation of Prohibited or Restricted Items.

4.4 Payment:

• The Customer must ensure payment is made in full at the time of booking unless otherwise agreed in writing.

5. Prohibited and Restricted Items

5.1 Prohibited Items: The following items are strictly prohibited and will not be transported under any circumstances:

• Hazardous materials, including flammable, toxic, or corrosive substances.
• Explosives, ammunition, or firearms.
• Illegal substances or contraband.
• Perishable goods unless prior arrangements are made.
• Currency, bearer bonds, negotiable instruments, or valuable jewelry unless prior arrangements are made.

5.2 Restricted Items: The following require prior written approval and may incur additional fees or conditions:

• Fragile goods, such as glassware or ceramics.
• High-value items exceeding £150.
• Temperature-sensitive goods requiring controlled transport.

5.3 Indemnity:
The Customer indemnifies the Carrier against any claims, penalties, or damages arising from the inclusion of Prohibited or Restricted Items in a Consignment.

6. Delivery Terms

6.1 Timeframes:
The Carrier endeavors to meet agreed delivery schedules but does not guarantee specific delivery times due to potential delays caused by traffic, weather, or other unforeseen factors.

6.2 Failed Deliveries:
If delivery cannot be completed due to:

• Incorrect or incomplete address information.
• Recipient unavailability.
  The Carrier reserves the right to charge for redelivery or return services.

6.3 Proof of Delivery (POD):
The Carrier provides POD upon request, which may include electronic signatures, photographs, or timestamps.

7. Charges and Payment

7.1 Charges:

• Pricing is based on the Carrier’s rate schedule or as agreed in writing.
• Additional charges apply for misdeclared weights, oversized items, failed deliveries, or special handling requirements.

7.2 Payment Terms:

• Payment must be made in full at the time of booking unless credit terms are agreed in writing.
• Late payments incur interest at 14.4% per annum above the Bank of England base rate.

7.3 Cancellation:

• Bookings may be cancelled without penalty if notice is provided within 5 hours prior to scheduled pickup.

8. Liability and Limitations

8.1 Standard Liability:
The Carrier’s liability for loss or damage is limited to £[Insert Amount], up to a maximum of £[Insert Maximum Value].

8.2 Exclusions:
The Carrier is not liable for:

• Damage caused by inadequate packaging.
• Delays due to Force Majeure events.
• Loss of profits, business opportunities, or indirect damages.

8.3 High-Value Items:
The Carrier accepts no liability for high-value goods unless agreed in writing and subject to additional insurance coverage.

9. Claims and Complaints

9.1 Notification:
Claims must be submitted in writing within [Insert Timeframe] of the delivery date.

9.2 Required Documentation:
Claims must include:

• Proof of the item’s value (e.g., invoices).
• Photographic evidence of damage, if applicable.
• Proof of Delivery (POD).

9.3 Inspection:
The Carrier reserves the right to inspect damaged goods and packaging before processing claims.

10. Insurance

10.1 Standard insurance is included for Consignments up to £[Insert Amount].
10.2 Additional insurance is available for high-value or special-handling items upon request and subject to additional fees.
10.3 Claims exceeding the insured value will not be entertained.

11. Force Majeure

The Carrier is not liable for delays or non-performance caused by Force Majeure events, including but not limited to natural disasters, strikes, and regulatory restrictions.

12. Data Protection

12.1 Falcon Express complies with the General Data Protection Regulation (GDPR) and ensures the confidentiality and security of all Customer data.
12.2 Customer data will be used solely for the provision of services and will not be shared with third parties without explicit consent.

13. Amendments

13.1 Falcon Express reserves the right to amend these Terms and Conditions at any time. Updated Terms will be published on the Carrier’s website, and continued use of services constitutes acceptance of the revised Terms.

14. Governing Law and Jurisdiction

14.1 These Terms and Conditions are governed by the laws of England and Wales.
14.2 Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

15. Contact Information

For any questions or concerns, please contact Falcon Express:
📧 Email: support@falconexpress.uk
📞 Phone: 03333356416