The terms on which Wacpack provides freight forwarding, courier and logistics services.
These Terms and Conditions ("Terms") govern all services provided by Wacpack ("the Company", "we", "us") to its customers ("the Customer", "you"). All business is undertaken subject to the current edition of the BIFA Standard Trading Conditions (British International Freight Association), which are incorporated into and form part of these Terms. A copy is available on request. Where these Terms and the BIFA Conditions conflict, the BIFA Conditions prevail unless expressly stated otherwise.
In these Terms: "Goods" means the cargo the Company is instructed to handle; "Carrier" means any party performing carriage; "BIFA Conditions" means the current edition of the BIFA Standard Trading Conditions; and related expressions have the meanings given in those Conditions.
These Terms apply to every quotation, booking and contract for services and override any terms the Customer may put forward, unless we agree otherwise in writing. Placing a booking is acceptance of these Terms.
The Company contracts as an agent arranging transport and related services, except where it expressly agrees in writing to act as principal. Our liability differs depending on the capacity in which we act, as set out in the BIFA Conditions.
Quotations are valid for the period stated and are based on the information supplied and the rates, costs and exchange rates prevailing at the time. We may adjust charges to reflect changes in carrier rates, fuel, currency, duties, taxes or surcharges outside our control.
The Customer warrants that all descriptions, weights, dimensions, values, marks and other particulars supplied are complete and accurate, that the Goods are properly packed and labelled, and that it is authorised to give instructions for the Goods.
Dangerous, hazardous or restricted goods must be declared in writing before booking and comply with all applicable regulations. We may refuse, hold, or arrange safe disposal of undeclared or non-compliant goods at the Customer's expense.
Unless specifically agreed, we may select the route, carrier, mode of transport and procedures at our discretion, having regard to the Customer's interests.
Invoices are payable within 30 days of invoice date unless otherwise agreed in writing, without deduction, set-off or counterclaim. We reserve the right to charge interest and reasonable costs on overdue amounts in accordance with applicable law.
We have a general lien over all Goods and documents in our possession for all sums due from the Customer, and may sell or dispose of such Goods to satisfy unpaid amounts, giving notice where required.
We do not arrange cargo insurance unless expressly instructed in writing and in time to do so. Any insurance arranged is subject to the terms of the relevant policy.
Where we handle customs formalities we do so as the Customer's agent. The Customer is responsible for all duties, taxes, fines and charges, and will reimburse us for any we pay on the Customer's behalf.
Quoted collection, transit and delivery dates are estimates only and are not guaranteed unless expressly agreed in writing. We are not liable for delay unless such a guarantee has been given.
Goods held in storage are subject to our storage terms and charges, and to the BIFA Conditions relating to warehousing.
Our liability is limited in accordance with the BIFA Conditions and any applicable international convention (for example the limits by weight or per package that apply to the relevant mode of transport). We are not liable for loss or damage except as provided in those Conditions.
The Customer must give written notice of any loss or damage within the periods set out in the BIFA Conditions, and any claim must be brought within the time limit specified there, failing which the claim is barred.
We are not liable for any indirect or consequential loss, loss of profit, loss of market or similar, however arising.
We are not liable for any failure or delay caused by events beyond our reasonable control, including but not limited to weather, strikes, congestion, carrier failure, war, or government action.
The Customer indemnifies us against all claims, liabilities, duties, taxes, fines and costs arising from the services, save to the extent caused by our own established liability.
We may subcontract any part of the services. Every exemption, limitation and defence in these Terms extends to our servants, agents and subcontractors ("Himalaya" protection).
We handle personal data in accordance with our Privacy Policy and applicable data-protection law.
These Terms are governed by the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
If any provision is found to be invalid, the remainder continues in force. No variation is effective unless agreed in writing. These Terms, together with the BIFA Conditions, form the entire agreement between the parties.
Questions about these Terms? Contact us at hello@wacpack.com or call +44 (0) 1491 818788.