Menu Expertise Crew About Peak Planning Destinations FAQs News Contact Track My Parcel Terms and Conditions 1. INTRODUCTION 1.1 wnDirect Limited, a company incorporated in England and Wales with company number 07704460 and having its registered office at 2 A C Court, High Street, Thames Ditton, Surrey KT7 0SR ("wnDirect") accepts goods for carriage and provides services subject to these standard terms and conditions set out below (these "Conditions") only. 1.2 wnDirect is not a common carrier and shall only accept Consignments and provide services in accordance with these Conditions. The Customer is responsible for ensuring that Consignments are of the type that will be carried by wnDirect and that such Consignments are adequately and securely packed and the contents are properly and clearly identified. The Customer’s attention is particularly drawn to Condition 5 regarding wnDirect’s refusal to carry dangerous goods and other restricted and prohibited items. 1.3 These Conditions will apply from the moment that wnDirect accepts and order for carriage of goods and/or the provision of services and the placing of an order with wnDirect or otherwise requesting the carriage of goods and/or the provision of services shall be considered to be acceptance of these Conditions. 1.4 Subject to the following, these Conditions shall apply to all goods carried and services provided by wnDirect to the exclusion of all other terms and conditions including, but not limited to those which may be purported to apply under any purchase order, receipt, confirmation or similar document. 1.5 No agent or employee of wnDirect is permitted to alter or vary these Conditions in any way unless he is expressly authorised to do so by an Executive Director of wnDirect. In such circumstances, any alteration or variation shall only be effective when it is in writing and signed. 2. DEFINITIONS 2.1 In these Conditions the following terms will have the following meanings: 2.1.1 “Customer” shall mean the person, firm, company or other entity that enters into a contract of carriage or other services with wnDirect; 2.1.2 “Contract” shall mean the contract of carriage or other services between the Customer and wnDirect which shall be deemed to incorporate these Conditions; 2.1.3 “Consignment” shall mean, collectively, all Parcels sent at the same time in the same load by or for the same Customer; 2.1.4 “Dangerous Goods” means goods listed as dangerous in the Carriage of Dangerous Goods & Transportable Pressure Regulations 2009, the (Hazard Information and Packaging for Supply) Regulations 2009, Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011, the Classification and Labelling of Explosives Regulations 1983 (as amended), goods classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Authority), ADR (European Road Transport Regulation on dangerous goods) and any other goods which are considered as dangerous or hazardous by regulatory bodies governing transport by road or air in any applicable laws, regulations and/or guidelines or which wnDirect or its subcontractors are not otherwise entitled to transport due to restrictions placed by airline carriers; 2.1.5 “Illegal Items” means goods prohibited to be imported, exported, carried and/or used by the law or regulation of any government or public or local authority of any country where the goods are to be carried, stored or transported; 2.1.6 “Parcels” shall mean any parcel which the Customer requests that wnDirect shall transport which, in any case, must weigh less than 30kg; 2.1.7 “Restricted Items” means tobacco products, works of art, jewellery, cash, glass, negotiable instruments (including cheques and any vouchers with a face value), precious metals, antiques, non- food animal products, furs or any other valuables, wines, beer, spirits living or dead animals, fish, birds or any other living organism of any type, frozen or perishable food or other perishable items, perfume or cologne (in a total volume in the same Consignment of more than 100ml which will be carried by air), counterfeit goods, real or imitation firearms or other weapons, any Parcels which are over one metre in length (or which have any side over one metre in length) and any other items which wnDirect lists as a restricted item on its website from time to time; 2.1.8 “Taxes and Duties” means all taxes, charges, imposts, customs duties, levies, and other fees or charges of any kind payable to any governmental, fiscal or taxing authority anywhere in the World (but excluding any taxes in relation to wnDirect’s income); 2.1.9 “Third Parties” has the meaning set out in Condition 13; 2.1.10 “Transit” has the meaning set out in Condition 7; and 2.1.11 “wnDirect Group” means wnDirect together with each subsidiary and holding company of wnDirect, with a "subsidiary" or "holding company" to be construed in accordance with section 1159 of the Companies Act 2006. 3. GENERAL 3.1 wnDirect agrees, subject to the Customer's observance at all times of these Conditions, to arrange for the transport of Consignments agreed upon by wnDirect and the Customer, or to provide other services as agreed upon by wnDirect and the Customer (as applicable). Unless expressly agreed otherwise, wnDirect’s services will be limited to picking up and transporting Consignments for the Customer from the Consignment’s pick-up location for delivery to the destination address. 3.2 These Conditions shall apply to any agreement between wnDirect and the Customer relating to carriage or the provision of other services and the Customer shall be deemed to have notice of these Conditions if and as soon as he places an order with, or accepts a tender, from wnDirect for the carriage of goods or other services. 3.3 wnDirect reserves the right to update these Conditions from time to time and the Customer is advised to check wnDirect’s website regularly to ensure that the Customer is aware of the most up to date version of the Conditions. However, the variation of these Conditions will not affect any Contract which is already formed at the time of the variation. 3.4 wnDirect reserves the right, at its discretion, to inspect all Consignments to ensure that such Consignments are compatible with these Conditions and are capable of carriage to the country of destination within wnDirect's standard procedures, customs, declarations and handling methods and in compliance with all laws. 3.5 wnDirect shall, if so required, sign a document prepared by the consignor, acknowledging receipt of the Consignment or goods for other services, but no such document shall be evidence of the Condition or correctness of a declared nature, quantity or weight of the Consignment at the time it is received by wnDirect. 4. PARTIES AND SUB-CONTRACTING 4.1 Where the Customer is not the owner of some or all of the goods stored or carried he shall be deemed for all purposes to be the agent of the owner or owners and that if any other person has an interest in the goods the Customer is acting as his fully authorised agent also. Accordingly, the Customer hereby warrants that it has all necessary rights, licenses and permissions to allow wnDirect and its subcontractors to carry, store, export, import and deliver Parcels as requested by the Customer. 4.2 wnDirect may engage any third party to perform or fulfil any of wnDirect’s obligations under the Contract. Any such third party shall have the right to further sub-contract their own obligations. However, wnDirect shall remain responsible for the acts or omissions of its subcontractors which are contrary to these Conditions, subject always to Conditions 9 and 10. 5. UNACCEPTABLE GOODS 5.1 Subject to Condition 5.2, wnDirect shall not accept any of the following goods for carriage: 5.1.1 Dangerous Goods, or 5.1.2 Restricted Items, hazardous goods, flammable goods; or 5.1.3 Illegal Items. 5.2 The Customer shall only be permitted to include Restricted Items in a Consignment if an duly authorised executive of wnDirect has notified the Customer in writing that such items are accepted for carriage in that particular Consignment. 6. CUSTOMER OBLIGATIONS AND WARRANTY 6.1 The Customer will make Consignments available for collection by wnDirect at the agreed time and agreed location and will provide wnDirect with a safe and secure environment for such collection. 6.2 The Customer agrees that it is responsible for loading the Consignment into wnDirect’s vehicle at the pickup location. If the Customer fails to comply with this requirement, wnDirect shall be under no obligation to carry the Consignment although it may choose to assist the Customer by loading the Consignment. However, the Customer will be liable for and indemnify wnDirect for any loss, damage or liability arising from the Customer’s loading of the Consignment. 6.3 The Customer undertakes, warrants and represents that: 6.3.1 all goods have been properly and sufficiently packaged, labelled and accompanied with all necessary dispatch documentation (including, where applicable, in a manner specified by wnDirect) and that the labelling shall include the full postcode or equivalent for the relevant consignee; 6.3.2 no individual Parcel will be over 30kg in weight and that it will not send (or attempt to send) any Dangerous Goods, Restricted Items or Illegal Items using the services offered by wnDirect except as permitted under Condition 5.2; and 6.3.3 it will accurately complete all documentation and comply with all customs requirements as required to enable wnDirect to carry, export, import and deliver the Consignments. 7. TRANSIT AND UNCLAIMED GOODS AND UNDELIVERED GOODS 7.1 wnDirect is only responsible for and shall only be liable for Consignments whilst they are in “Transit”. For the purposes of these Conditions, Transit shall commence when the Consignment is physically within the possession of wnDirect (or its authorized subcontractor) whether at the point of collection or at wnDirect's premises. 7.2 Transit shall (unless otherwise previously determined) end when the Consignment is offered for delivery at the address specified on the Parcel; PROVIDED THAT, when for any other reason whatsoever a Consignment is held by wnDirect "to await order" or "to be kept until called for" or upon any like instructions and such instructions are not given, or the Consignment is not called for and removed within a reasonable time, then Transit shall be deemed to end. wnDirect shall store such Consignment subject to all goods being solely at the Customer's risk and subject to disposal in accordance with Condition 14. A Consignment shall be considered to have been offered for delivery when wnDirect (or its designated subcontractor) attempts delivery at the relevant address in a manner which is customary by carriers of that nature in the location where the Consignment is to be delivered to. Accordingly, for example, where it is customary that a parcel may be left outside of premises if physical handover of that item to the consignee is not possible, leaving such item as described shall be considered to be delivery and Transit shall be deemed to have come to an end at that time. 7.3 wnDirect is entitled to convey goods by any means of conveyance and by any route whatsoever. Time shall not be of the essence in relation to any delivery time. 7.4 Where, for any reason whatsoever wnDirect is unable to convey the Consignment to the address to which it is consigned, or to effect delivery at the said address: 7.4.1 wnDirect shall endeavour to communicate with the Customer and request a new address to which the Consignment can be delivered in the country in which the Consignment is then lying; 7.4.2 if wnDirect is unable to communicate with the Customer within a reasonable time, or if it is not provided with a new address for delivery by the Customer within a reasonable time, wnDirect shall be at liberty to deal with the goods in accordance with Condition 14. Prior to any disposal or destruction in accordance with Condition 14 the goods shall be held solely at the risk of the Customer. 8. PAYMENT AND PRICING 8.1 wnDirect's charges for carriage and other services shall be payable by the Customer. However, wnDirect shall also have the right to demand and obtain payment from the sender or the consignee, if different from the Customer, or from any other person who may be liable to pay the charges. 8.2 The Customer will pay wnDirect's charges no later than the date specified on wnDirect's invoice/statement or such other period as may be expressly agreed with the Customer in writing. If no such time is specified, payment will be due within 7 days of the invoice being raised by wnDirect. 8.3 If the Customer disputes any amount invoiced by wnDirect, it must notify wnDirect in writing within 7 days of the invoice being raised. In such circumstances, the Customer will pay any undisputed amounts without delay in accordance with Condition 8.2. The Customer will provide reasoning and, where possible, evidence justifying the amount in dispute. wnDirect will act reasonably when considering such information and will inform the Customer within 14 days whether it agrees that the Customer has been incorrectly invoiced. If wnDirect agrees that the Customer has been incorrectly invoiced, it shall re-issue an invoice for the correct amount (taking into account any sums which have already been paid by the Customer). If wnDirect does not agree that the Customer has been incorrectly invoiced, such sums shall be deemed to have been payable within 7 days of the original invoice being raised by wnDirect (and Condition 8.4 shall be applicable accordingly). If the Customer does not notify wnDirect within 7 days of as invoice being raised by wnDirect, it shall be deemed to have accepted the invoice (and the sums indicated on the invoice shall be payable within the timescales described in condition 8.2). The Customer agrees that it will only dispute invoices in good faith. 8.4 If any payment under the Contract is overdue, then without prejudice to wnDirect's other rights and remedies, wnDirect reserves the right to place an account on hold and/or require the Customer to pay interest on the overdue amount (whether before or after judgment) at the statutory rate of interest payable on late payments from time to time, such interest to accrue on a daily basis, from the due date for payment until payment is made in full. 8.5 wnDirect may, at its discretion, require pre-payment by the Customer prior to the carriage of Consignments. 8.6 wnDirect shall be entitled to set-off any monies owed by the Customer to wnDirect from any sums which wnDirect owes the Customer (for any reason). The Customer has no right of set off against wnDirect. In addition, if any sums are owed by wnDirect under any Contract, wnDirect shall be entitled suspend its performance under that Contract or any other Contract placed by the Customer until such sums are paid. 8.7 wnDirect shall be entitled at any time and from time to time to increase wnDirect's charges for carriage or other services by giving to the Customer not less than 7 days prior written notice to accord with increases in relevant costs of wnDirect's business such as, but not limited to, fuel, licence fees, labour. 8.8 All amounts payable by the Customer are subject to Value Added Tax and any other applicable taxes at the current rate. 8.9 wnDirect shall pay any Taxes and Duties in respect of the export and/or import of the Consignment during Transit, unless agreed otherwise. Where any amount of Taxes and Duties are payable in respect of such Transit: 8.9.1 wnDirect shall do so on the sole basis that in doing so it is acting as the Customer's fully authorised agent and the Customer shall fully reimburse wnDirect for all such Taxes and Duties plus an amount equivalent to 4% of such Taxes and Duties as a processing fee; 8.9.2 whether or not delivery of the goods is made to the address to which they are consigned, immediately upon receipt of wnDirect's invoice in respect of such Taxes and Duties the Customer shall settle such invoice in full no later than seven (7) days after the issues of that invoice or such other period as may be expressly agreed with the Customer; and 8.9.3 in the event of any Customer failing to comply strictly with Sub-Condition 8.9.2 above, wnDirect shall be at full liberty to deal with the goods in accordance with Condition 14. 8.10 If the goods are not ready for collection by wnDirect at the place and time agreed wnDirect will make a charge for "Nothing to Collect" at wnDirect’s prevailing rates. 9. LIABILITY FOR LOSS AND DAMAGE 9.1 Subject to the provisions of this Condition and of Conditions 6, 10, 11 and 13. wnDirect shall not be liable for any physical loss of, or physical damage to, Consignments or other non- compliance with the these Conditions if such loss, damage or non-compliance has arisen from: 9.1.1 the Customer or consignee not taking or accepting delivery within a reasonable time; 9.1.2 insufficent or improper packing, labelling or addressing, including incorrect or missing postcode information; 9.1.3 any breach of the Customer warranties set out in Condition 6; 9.1.4 damage or breakage of articles of, or for that part of any articles that comprises of china, glass, porcelain, earthenware or other similar materials, unless the Customer has properly declared the contents of the relevant Parcel and the Parcel is correctly packaged in a manner that would reasonably prevent such damage or breakage; 9.1.5 damage caused by Consignments containing any form of liquid, or damage to containers containing liquids or loss of liquids themselves, unless the Customer has properly declared the contents of the relevant Parcel and the Parcel is correctly packaged in a manner that would reasonably prevent such loss or damage; 9.1.6 any other act or omission of the Customer or owner of the goods or of the servants or agents of either; 9.1.7 inherent liability to wastage in bulk or weight, latent defect or inherent defect, vice or natural deterioration of the goods, wear and tear, depreciation, moths, vermin, or the effect of any process of cleaning, dyeing or restoring any article; and 9.1.8 seizure of goods under legal process or refusal to allow the goods through Customs. 9.2 In addition wnDirect shall not be under any liability of any kind for a Consignment or other goods: 9.2.1 where there has been fraud by the Customer or the owner of the goods or the servants or agents of either; and/or 9.2.2 when the Consignment is not in Transit. 10. LIMITATION AND EXCLUSION OF LIABILITY 10.1 Subject to Conditions 6, 10.3, 11 and 13 hereof, and to the extent permitted by law, wnDirect's aggregate liability (whether in contract, tort, negligence or otherwise) for the loss of or damage to any Consignment or any other breach of these Conditions and under and in relation to each Contract shall be limited to the lesser of the following: 10.1.1 the declared value of the Consignment; 10.1.2 an amount equivalent to £50; 10.1.3 where any or all of (i) the Convention on the Contract for the International Carriage of Goods by Road (CMR) May 1956 (as amended); (ii) the Warsaw Convention of 1929 (as amended); and/or (iii) the Montreal Convention 1999 (as amended) (the “Conventions”) allow wnDirect to limit its liability for the type of loss or damage in question, the amount described in the applicable Convention(s) or any applicable national law which has implemented such Convention(s). 10.2 Notwithstanding Condition 10.1, but subject to 10.3, above, wnDirect shall, in no circumstances whatsoever, (unless required by the Conventions), be liable to the Customer for any of the following (whether in contract, tort, negligence or otherwise): 10.2.1 any indirect or consequential loss or damage of any kind (including, without limitation, loss of business and loss of goodwill), or 10.2.2 for any loss of profits, loss of business or future custom, loss of contracts, loss of anticipated savings, loss of goodwill, or loss of revenue or any wasted expenditure (regardless of whether any of these types of loss or damage are direct, indirect or consequential). 10.3 Nothing in these Conditions shall operate so as to exclude or limit the liability of either party to the other for death or personal injury arising out of negligence, or for any other liability which cannot be excluded or limited by law. 11. CLAIMS FOR COMPENSATION 11.1 The Customer must notify wnDirect of any loss or damage giving rise to a claim within 14 days of the date of commencement of Transit and confirm it by notice in writing within 28 days of the date of commencement of Transit. If the Customer fails to do so, wnDirect shall not be liable for any loss or damage, save and except where the Customer proves that: 11.1.1 it was not reasonably possible for the Customer to advise wnDirect or make such claim in writing within the time limit applicable; and 11.1.2 such advice or claim was made within a reasonable time. 11.2 In the event of a claim for damage, the Customer must ensure that the Consignment or relevant Parcel (as applicable) and its packaging is held for inspection at the delivery point or is otherwise is made available for inspection by wnDirect. 12. CUSTOMER INDEMNITY 12.1 The Customer shall indemnify the wnDirect against: 12.1.1 losses suffered by the wnDirect arising from any negligent act, negligent omission, negligent misdirection or negligent misstatement by the Customer, consignor or consignee, and each of their servants and agents; 12.1.2 claims and demands of any nature for loss or damage resulting from the carriage of Dangerous Goods, Prohibited Goods and/or Illegal Goods; 12.1.3 claims and demands of any nature in respect of loss of or damage to the goods made by the Customer and/or any third party additional to or in excess of the limits of liability of wnDirect set out in these Conditions; 12.1.4 any claims made, penalties imposed or sums payable by wnDirect to any customs, governmental or regulatory authority as a result of carrying or delivering the Consignments, including but not limited claims made by Her Majesty's Revenue and Customs and/or the Commissioners of Customs and Excise in respect of dutiable goods; and 12.1.5 claims and demands made by any third party attributable to lack of authority on the part of the Customer to enter into the Contract upon these Conditions. 13. RIGHTS OF THIRD PARTIES 13.1 The Customer acknowledges and agrees that the provisions of Conditions 4, 6, 9, 10, 11 and 12 shall extend to protect the members of the wnDirect Group and their respective employees, subcontractors and agents (collectively the “Third Parties”). Accordingly, any reference to “wnDirect” in Conditions 4, 6, 9, 10, 11 shall also be deemed to be a reference to the Third Parties. 13.2 Each of the Third Parties shall be entitled to enforce any right granted to them in these Conditions pursuant to the Contracts (Rights of Third Parties) Act 1999 directly against the Customer. In addition such Conditions shall be enforceable by wnDirect for itself and as trustee or agent for such Third Parties. 14. LIEN AND DISPOSAL OF GOODS 14.1 wnDirect shall have a lien on all goods carried for the Customer for any amount due to wnDirect whether pursuant to these Conditions or otherwise and for the cost of recovering the same. 14.2 If the amounts owing to wnDirect in respect of which it has a lien are not satisfied within a reasonable time of the commencement of Transit, then without prejudice to any other rights available to wnDirect, wnDirect shall be at full liberty to: 14.2.1 sell the goods either privately or by auction and to apply the proceeds of any such sale in or towards any monies owing to it and the expense of the sale and shall account to the Customer for the balance remaining if any; or 14.2.2 destroy the goods if any sale under sub-Condition 14.2.1 is impractical in the opinion of wnDirect due to the value or saleability of the goods in question, or otherwise; and such sale or destruction as the case may be shall be a full discharge of any liability of wnDirect in respect of the goods. The Customer shall indemnify wnDirect for any claims made by third parties which result from wnDirect’s exercise of it stated rights pursuant to this Condition 14. 15. FORCE MAJEURE wnDirect shall be relieved of its obligation to perform the Contract to the extent that performance thereof is prevented or delayed by riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not), acts of terrorism, seizure, hijacking, civil war, civil commotion, malicious damage, rebellion, revolution, insurrection of military or usurped power, fire, severe weather Conditions, earthquake, flood, lightning, other natural physical disaster, pandemic outbreaks, industrial dispute, labour disturbance, delay by any government or public or local authority, any action of customs, governmental or regulatory authority including the customs of any country where the goods are carried and any other causes beyond the reasonable control of wnDirect and for the avoidance of any doubt wnDirect's charges shall be payable in full in such circumstances, without prejudice to wnDirect's rights at common law to treat the Contract as frustrated. 16. SEVERABILITY If any of these Conditions are held to be invalid for any purpose, it shall for that purpose be deemed to have been omitted, but shall not prejudice the effectiveness of the rest of these Conditions. 17. INTERPRETATION AND JURISDICTION The Contract and these Conditions shall in all respects be subject to and construed in accordance with English Law and the parties to the Contract hereby submit to the exclusive jurisdiction of the Courts of England and Wales. Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re- enacted or extended at the relevant time. Expertise Crew Cases Peak Planning Destinations FAQs News Contact Track Parcel subscribe Follow us on © 2014 wnDirect, All rights reserved. Terms & Privacy Admin | Web designers Knibbs