This document sets out our delivery terms and conditions . . .
Shipper agrees that its Shipment is acceptable for transportation and is deemed unacceptable if:-
it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), any applicable government department or other relevant organisation; or
Cycle 4 U decides it cannot transport an item safely or legally (such items include but are not limited to: animals, bullion, currency, precious metals and stones, firearms, part thereof and ammunition, human remains, pornography, illegal drugs).
2. Deliveries and Undeliverables
Identification is worn by riders at all times. ID must be checked prior to signing for release or delivery of any shipments.
Shipments cannot be delivered to PO boxes.
Shipments are delivered to Receiver's address given by the Shipper but not necessarily to the named Receiver personally unless on specific request of the shipper.
Shipments to addresses with a central receiving area will be delivered to that area unless on specific request of the shipper.
If Receiver refuses delivery or to pay for delivery, or Shipment is deemed to be unacceptable, or Receiver cannot be reasonably identified or located, Cycle 4 U shall use reasonable efforts to return the Shipment to Shipper at Shipper's cost, failing which the Shipment may be released, disposed of or sold by Cycle 4 U without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against the service charges and related administrative costs and the balance of the proceeds returned to the Shipper.
3. Shipment Charges and Billing
Cycle 4 U's charges are based on a combination of fixed cost, and/or mileage from collection address to delivery address, and/or time taken from arrival at collection address to departure from delivery address.
Shipper shall pay or reimburse Cycle 4 U for all Shipment charges, storage charges, duties and taxes owed for services provided by Cycle 4 U or incurred by Cycle 4 U on Shipper's or Receiver's or any third party's behalf and all claims, damages, fines and expenses incurred if the Shipment is deemed unacceptable for transport as described in Section 1.
Cycle 4 U will charge 8% over base rate for any invoices that are not paid within 30 days.
4. Cycle4U's Liability
Cycle 4 U contracts with the Shipper on the basis that Cycle 4 U's liability is strictly limited to direct loss only and to the monetary value in this Section 5. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to Cycle 4 U's attention before or after acceptance of the Shipment since special risks can be insured by Shipper.
If a Shipment combines carriage by air, road or other mode of transport, it shall be presumed that any loss or damage occurred during the air period of such carriage unless proven otherwise.
Cycle 4 U's liability in respect of any one Shipment transported, without prejudice to Sections 5-8, is limited to its actual cash value and shall not exceed GB£200.00.
Claims are limited to one claim per Shipment settlement of which will be full and final settlement for all loss or damage in connection therewith.
If Shipper regards these limits as insufficient the Shipper assumes all risks of loss or damage.
5. Time Limits for Claims
All claims must be submitted in writing to Cycle 4 U within thirty (30) calendar days from the date that Cycle 4 U accepted the Shipment, failing which Cycle 4 U shall have no liability whatsoever.
6. Shipment Insurance
Shipment Insurance is the responsibility of the Shipper, although we do cover items with Goods in Transit to GB£200.
7. Delayed Shipment
Cycle 4 U will make every reasonable effort to collect and deliver the Shipment according to any estimate given but this is not guaranteed and does not form part of the contract.
Cycle 4 U is not liable for any damages or loss caused by delays.
Should a waiting period of more than 15 minutes be requested from a collection, further charges will apply.
8. Circumstances beyond Cycle 4 U's control
Cycle 4 U is not liable for any loss or damage arising out of circumstances beyond Cycle 4 U's control.
These include but are not limited to:- "Act of God" - e.g. earthquake, cyclone, storm, flood, fog; "Force Majeure" - e.g. war, acts of terrorism, plane crash or embargo; any defect or characteristic related to the nature of the Shipment, even if known to Cycle 4 U; riot or civil commotion; any act or omission by a person not employed or contracted by Cycle 4 U e.g. Shipper, Receiver, third party, Customs or other government official; industrial action; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.
9. Shipper's Warranties and Indemnity
Shipper shall indemnify and hold Cycle 4 U harmless for any loss or damage arising out of Shipper's failure to comply with any applicable laws or regulations and for Shipper's breach of the following warranties and representations:-
all information provided by the Shipper or its representatives is complete and accurate;
the Shipment was prepared in secure premises by the Shipper and/or its employees;
Shipper employed reliable staff to prepare the Shipment;
Shipper protected Shipment against unauthorised interference during preparation, storage and transportation to Cycle 4 U
the Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling; and
all applicable laws and regulations have been complied with
Shipper agrees to all routing and diversion, including the possibility that the occasionally, shipment may be carried via intermediate stopping places.
11. Governing Law
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of Cycle 4 U, to the non-exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the Shipment and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.
Business Address :
Cycle 4 U, 54-57 Allison Street, Digbeth, Birmingham, B5 5TH
Cycle 4 U is registered under the Data Protection Act - Z1735193
Regulated by OFCOM