Terms of Business

THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 9 FOR CONSUMER CUSTOMERS AND CLAUSE 10 FOR BUSINESS CUSTOMERS

Interpretation

1.1 Definitions:

Account:: An account between the Company and the Customer under which …
Account Booking:: A Booking made by a Customer using an Account.
Additional Charges:: The charges payable for the Customer for additional Services, as set out in clause 8.3.
App Booking:: A Booking made on the Company's mobile application.
Booking:: The Customer's order for Services in whatever form the same is communicated to the Company, and by whatever method the same is communicated to the Company, in each case as evidenced by the records of the Company.
Business Customer:: The person or firm who purchases Services from the Company who is not a Consumer Customer.
Business Day:: A day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Cancellation Fees:: Sums payable by a Customer for the cancellation of a Booking by the Customer as set out in clause 8.4, 8.5 and 8.6.
Central London:: Under these terms are following postcode areas: W1, W2, NW1, N1, WC1, WC2, EC1, EC2, EC3, EC4, E1, SE1, SW1.
Charges:: The charges payable by the Customer for the supply of the Services in accordance with clause 8.
Company, Genii Logistics or We:: Means a company incorporated in England and Wales with company number 10660408 and having its registered office at 65a Station Road, Edgware, Middlesex, HA8 7HX and any company which is a subsidiary of it.
Company's Website:: means http://geniilogistics.co.uk
Consumer Customer:: The person who purchases Services from the Company being an individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft or profession.
Consignment:: Any article received by the Company from a person at one address for carriage and delivery to a person at another address.
Contract:: The contract: a) between the Company and the Customer;
Core Business Hours:: 7am to 7pm on a Business Day.
Courier Services:: The carriage and delivery of a Consignment in accordance with these Terms.
Customer:: A Business Customer or a Consumer Customer.
Customer Account Number:: The unique reference number allocated by the Company to the Customer in respect of that Customer's Account.
Customer Default:: Has the meaning set out in clause 7.2.
Highway Code:: The Highway Code published by the Department for Transport from time to time.
Minimum Charge:: The minimum Charge in respect of the relevant Vehicle Type.
Multidrop:: The carriage and delivery of Consignments that are collecting from one pickup location and delivering to different locations.
Multireturn:: The carriage and delivery of Consignments that are collecting from different postcode locations and delivering to one location.
Non-Account Booking:: A Booking which is not an Account Booking.
Prohibited Items:: Any item specified as being a dangerous good in the UN Recommendations on the Transport of Dangerous Goods – Model Regulations; any item which is illegal; any item which has a value in excess of £10,000 (ten thousand pounds) in any one package; any animals, livestock, pyrotechnics, fireworks, firearms, ammunition, corrosive, toxic, flammable, explosive, oxidising or radioactive materials; any item marked with a diamond-shaped hazard symbol or pictogram; any item bearing metal; or any other item which the Company may in its absolute discretion consider inappropriate for carriage as part of the provision of Services.
Regions:: Central London, Greater London and the surrounding home counties together with, at the Company's discretion, other parts of the United Kingdom.
Same Day Courier:: The carriage and delivery of a Consignment to be delivered on the same day as a Booking is made in respect of the same day and in accordance with these Terms.
Sender's Risk Items:: Any item which is perishable or fragile; any cheques, money orders, securities, stamps, precious metals, precious stones, jewellery, works of art, antiques, watches; any liquids, furs, tobacco, glass, ceramics or pottery; and any items with a plasma screen.
Services:: The services supplied by the Company to the Customer as set out in the Specification and include Courier Services.
Specification:: The description or specification of the Services as set out on the Company's Website or as otherwise provided in writing by the Company to the Customer.
Standard Fee Rates:: Details of the Company's Charges as notified to the Customer from time to time and a copy of which is provided to the Customer by email on the opening of an Account or when a Customer otherwise registers with the Company.
Terms:: These terms and conditions as amended from time to time in accordance with clause 16.4.
VAT:: Value added tax chargeable under the Value Added Tax Act 1994 and any similar replacement or additional tax.
Vehicle Type:: The type of vehicle to be used in respect of a Booking as set out in the Standard Fee Rates.

1.2 Interpretation:

A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
Any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
A reference to writing or written includes fax and email.
References to clauses are to the clauses of these Terms.

2 Basis of contract

In consideration of performance of Services in relation to Bookings, the Customer shall pay the Charges and any applicable VAT with no set off or deduction.
Bookings can be made online, by email, by telephone or by using the App. The method by which a Customer makes a Booking constitutes an invitation to treat.
The Booking constitutes an offer by the Customer to purchase Services in accordance with these Terms.
The Contract shall come into existence at the point and on the date that the Booking is accepted by the Company.
These Terms apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Any quotation given by the Company shall not constitute an offer and is only valid for a period of 5 (five) Business Days from its date of issue.
The Company may, in its absolute discretion, decline to accept any Booking without specifying a reason.
Where a Booking is an Account Booking the Customer shall use such booking procedure as may be specified from time to time by the Company for Customers with Accounts and the Customer shall provide its Customer Account Number when making the Booking.
Where a Booking is a Non-Account Booking the Company may require payment to be made in advance or at the end of the provision of Services.

3 Accounts

The Company may, in its absolute discretion, agree to operate an Account for a Customer and may perform such credit and other checks as it may reasonably require in deciding whether or not to agree.
The Company may, in its absolute discretion, set a credit limit in respect of any Account and reserves the right to require advance payment in respect of any Account.

4 Courier Services

The Company shall not be required to carry any Consignment which it, in its absolute discretion, considers to contain a Prohibited Item.
The Customer must notify the Company when Booking if a Consignment has a value of £1,000 (one thousand pounds) or more.
It is the responsibility of the Customer to ensure that all Consignments are correctly labelled with the address to which they are to be delivered and are appropriately packaged.
The Company accepts no responsibility for any Consignment which is provided to the Company by a Customer with no address or with an invalid address or which is inadequately packaged. When a Consignment is collected from a Customer the courier performing such Booking will keep a record of the number of packages which comprise the Consignment and upon delivery the recipient shall be asked to confirm receipt of the same.
Save where a Customer has specified that the Company may post a package or leave in a safe place, upon delivery of a Consignment a proof of delivery shall be obtained by the Company. Signatures obtained upon delivery can be viewed by Customers online where there was an Account Booking or by email upon request. The Company does not accept any liability where a proof of delivery has been obtained and the Customer subsequently claims that the number of packages delivered was incorrect.
Sender's Risk Items may not be transported by motorcycle, unless agreed in advance with the Company or must be sent by car or van. The Customer must notify the Company at the time of Booking if a Consignment is a Sender's Risk Item.
Where upon pickup a courier in their absolute discretion considers a Consignment to be too large for the Vehicle Type which was Booked the Company reserves the right to use a larger vehicle and apply the Charge applicable as a new Booking. The original Booking will be classed as Cancelled with a Cancellation Fee applicable as set in clauses 8.4, 8.5 and 8.6.
Where a Booking is for a time which is outside Core Business Hours the Booking must be made in advance during Core Business Hours. Exceptions will be made for any Customer requirements as agreed with the Company in advance.
If it is not possible for a Consignment to be delivered the Company will contact the Customer who will be subject to an Additional Charge in respect of any additional drop off or waiting time. If the Company is unable to contact the Customer in such circumstances the Consignment will be delivered to the Company to hold securely and retained by it until such time as the Customer can be contacted. In such circumstances further delivery, storage and waiting time will be payable by the Customer as Additional Charges.