Terms and Conditions

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SkilledLine.com LTD

Conditions of Carriage

1 Definitions 

1.1 Antique:An object over 100 years old.

1.2 Collectable:An item that has appreciated in value due to scarcity or discontinued production. 

1.3 Consignment:One or more items sent at one time to one address. 

1.4 Consignment Charges: Charges specified and payable in accordance with Condition 8. 

1.5 Despatch:When you give us a consignment to deliver. 

1.6 Despatch Documentation: Paper or electronic record of a consignment. 

1.7 Item:Any package, parcel, or other item to be conveyed by us. 

1.8 Prohibited Goods: All items that are illegal or restricted by law. Customers are liable to inform us of the contents and ensure no illegal goods are included. 

1.9 Services:The courier services provided by SkilledLine.com LTD. 

1.10 We, Us, or Our: SkilledLine.com LTD, a private limited company registered in England and Wales No. 15668195, whose registered office is at 7 Harris Road, Armthorpe, DN3 2FE. 

1.11 You or Your: The person or organization identified as the customer.

2 Loading and Unloading of Consignments 

2.1 We are not obliged to provide any plant, machinery, equipment, power, or labour (in addition to our collecting personnel) at the points of collection or delivery. 

2.2 Any consignment requiring special appliances for loading or unloading is accepted for carriage only if you provide such appliances at the relevant points. If you do not provide these appliances and we agree to load or unload a consignment, we shall be under no liability for any damage resulting from our loading or unloading, whether or not caused by our negligence. You agree to indemnify us against any claims or demands arising out of such loading or unloading.

3 Collections and Delivery

3.1 If requested, we will sign a document provided by you acknowledging receipt of the consignment on collection. This document is not evidence of the condition or correctness of the consignment's nature, quantity, or weight at the time it is received by us. 

3.2 If we are unable to make a collection through no fault of our own, we will charge you a cancellation fee to cover any travel costs incurred. 

3.3 We will attempt to deliver the consignment to the address specified on the despatch documentation but not to an addressee in person. 

3.4 Upon delivery, we will request the person who accepts the delivery to sign an acknowledgement receipt, which may include an electronic signature. Copies of these receipts will be available for one year from the date of delivery, subject to any applicable charges. 

3.5 It is your duty to ensure someone is available to receive and accept the consignment at the estimated time of arrival.

4 Service Standards and Undelivered Consignments

4.1 Delivery will be deemed to have taken place when a consignment is:
4.1.1 Accepted at the addressee’s address.
4.1.2 First presented at the addressee’s address if we attempt but fail to make a delivery for any reason.
4.1.3 Made available for collection by the addressee at a designated collection point.
4.1.4 Accepted at an alternative address close to the addressee’s address if we cannot obtain an acknowledgement receipt at the original address and you consent to this alternative delivery. We will notify you of the alternative address.
4.2 If we are unable to deliver a consignment and cannot contact you to agree on a reasonable course of action, we will hold the consignment at your cost and risk. If an undelivered consignment is held by us and is not claimed within a reasonable time, we may deal with it as we reasonably see fit.

5 Termination

5.1 This Agreement will commence on the Commencement Date set out in the Front Sheet and may be terminated by either of us giving the other 30 days prior written notice.
5.2 Either of us may terminate this Agreement immediately by notice in writing if the other is in material breach of its obligations under this Agreement and fails to remedy the breach (if capable of
remedy) within 30 days of written notice to do so.
5.3 Termination of this Agreement will not affect any of our rights or obligations accruing up to the date of termination.
5.4 We may terminate this Agreement immediately by notice in writing to you if:
5.4.1 you fail to pay any invoice due under this Agreement within 15 days of the due date for payment subject to us having notified you that the invoice has not been paid;
5.4.2 you become unable to pay your debts as they fall due;
5.4.3 you become bankrupt, insolvent, or, in the case of a company, pass
a resolution for winding up;
5.4.4 a court makes an order that you will be wound up;
5.4.5 a receiver, manager or administrator is appointed over any or all
of your assets; or
5.4.6 you make any composition or arrangement with or for the benefit of your creditors or
5.4.7 we reasonably believe that you have breached clause 15.12
5.5 Where we are in breach of clause 15.12 you may terminate this Agreement immediately by notice in writing unless the breach of
clause 15.12 was by an employee of ours who was not a director
or senior officer nor acting with the consent or connivance of a
director or senior officer or was by an agent or subcontractor of
ours and we arrange for that person to be removed from all
involvement with this Agreement and any related services within
30 days of us becoming aware of the breach.

6 Prohibited Goods and Restricted Goods

6.1 You must not send Prohibited Goods or Restricted Goods in any
Consignment. If you are unsure if any items are Prohibited Goods
or Restricted Goods please visit our website or give us a call. If
Prohibited Goods or Restricted Goods are sent:
6.1.1 we may deal with such goods as we see fit and you will pay our
reasonable costs and expenses incurred;
6.1.2 and they cause injury or damage, you may be liable to prosecution;
and
6.1.3 you will indemnify us and keep us and our employees, subcontractors and agents indemnified against all loss, damage or
injury howsoever arising out of the carriage of Prohibited Goods or
Restricted Goods.
6.2 We may treat any Consignment or Item that we consider may be
hazardous or may present a danger (for example because we are
suspicious of what it might be or contain) as Prohibited Goods or
Restricted Goods and deal with it as we see fit.
6.3 In the absence of written notice to the contrary given at the time
of Despatch, you confirm that all Items are fit to be carried or
stored. You also confirm that if any Items are not your own
property, you have the authority of all persons owning or
interested in the Items to request the Services on their behalf.

7 Addressing, packaging and documentation

7.1 You must ensure that each Item is appropriately packaged and
labelled with the full postal address, including the postcode (or
local equivalent) of both you and the addressee. Each
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Consignment must be accompanied at Despatch by fully completed
despatch documentation in the form specified or provided by us.
7.2 You must retain copies of Despatch documentation for your
records and we may require these from time to time.
7.3 For international Deliveries you must prepare and attach all
documentation as required by HM Revenue and Customs or as
required by any overseas customs authority. Your failure to fully
complete and sign any customs declaration may result in
clearance delays.
7.4 International customs authorities may have the power to inspect
Items and documentation and to instruct us to open any Item for
examination. You authorise us to complete any necessary
documentation for the purpose of customs clearance either in the
UK or abroad, but also accept that we may not be legally
permitted to complete and/or sign individual customs declarations.

8 Charges

8.1 You agree to pay us the Consignment Charges together with any
supplements, costs, charges or surcharges specified below that
may be payable in respect of the Services.
8.2 All amounts due to us under this Agreement will be paid in full
without any deduction, set off or withholding irrespective of the
absence of, or discrepancy on, any delivery acknowledgement.
8.3 We may:
8.3.1 vary the Consignment Charges from time to time by giving you not
less than seven days notice; and
8.3.2 introduce and revise any surcharges at any time to reflect any
surcharges we incur relating to your Consignment.
8.4 You will reimburse us for any customs charges and for duties we
pay in respect of any Consignment together with any unforeseen
and incidental expenses incurred by us in the provision of the
Services in addition to the Consignment Charges.
8.5 If an addressee refuses to pay any customs charges and duties
due and as a result the Consignment or a part of it is not
delivered, we will not incur any liability and the Consignment (or
relevant part) will only be returned to you if you pay those charges
plus return postage. If you refuse to pay the charges the
Consignment (or relevant part) will be disposed of.
8.6 We will send invoices to you at the address shown in the table on
the Front Sheet. All charges are exclusive of VAT and any other
taxes, which will be charged at the applicable rate.
8.7 If you have an account with us you must pay invoices within 30
days of the date of the invoice.
8.8 If you think we have made an administrative mistake in the
amount of an invoice you must tell us within seven days of the
date of the invoice and give us all relevant information to support
your claim. If we agree with you we will make an adjustment to
your invoice as necessary.
8.9 If you fail to make any payment on the due date, in addition to any
other right or remedy available to us, we may suspend the
performance of the Services without liability to you. We may also
charge you daily interest on all outstanding amounts from the date
they are due until we receive the payment in full at a yearly rate
equal to [4%] above the base lending rate of The Bank of England.
8.10 To maintain an account with us you must pay Consignment
Charges in excess of £3,000 per year. If in any 12 month period
your spend is or is forecast to be below £3,000 we may require
Consignment Charges to be paid up front using a credit or debit
card. We reserve the right to withdraw your account at any time.
Consignment Charges may increase or decrease depending on
your annual spend.

9 Notices
9.1 Any notice we ask you to provide under this Agreement must be
given in writing in English.
9.2 We will send notices to you at the address to which you ask us to
send invoices, unless you tell us otherwise. You should send
notices to us at the address shown on the invoice or any address
we give you.
9.3 You must send notices either by first-class post or by fax. You can
also deliver them in person.
9.4 Unless Condition 9.5 applies, we will treat any notice to have been
given:
9.4.1 if it was sent by fax or delivered by hand, when received at the
place it was sent to (if the time you or we receive the notice is
after 5pm on any working day, we will treat the notice as having
been received at 9am the following working day); or
9.4.2 if it was sent by post, two working days after the date it was
posted.
9.5 Notices sent by fax and for which the sender has received an
automatic report that the fax was not successful are classed as
having not been received.

10 Liability, loss or damage

10.1 Nothing in this Agreement will limit or exclude our liability to you
for death or personal injury resulting from our negligence, fraud or
fraudulent misrepresentation.
10.2 Subject to the remaining provisions of this Condition 10 our
liability to you whether in contract, tort (including negligence),
breach of statutory duty or otherwise for:
10.2.1 death or personal injury resulting from our negligence or our
fraud or fraudulent misrepresentation is unlimited;
10.2.2 loss of or damage to any Consignment shall not exceed £2,500;
10.2.3 loss or damage to multiple Consignments (regardless of number)
arising out of one event or a series of connected events shall not
exceed £10,000;
10.2.4 delay (other than delay caused beyond our reasonable control)
shall not exceed the Consignment Charges you have paid for the
relevant Consignment; and
10.2.5 loss of, or damage to property not being or forming part of a
Consignment shall not exceed £100,000 per event or a series of
connected events.
10.3 Except as otherwise expressly stated in this Condition 10 we will
not be liable to you or any other person for any delay or any loss
of or damage to any Consignment, nor for any loss or damage
arising from delay in the collection, conveyance or delivery of any
Consignment howsoever any such loss, damage or delay was
caused whether by our negligence or the negligence of our
officers, employees, contractors, agents or otherwise.
10.4 We will not be liable to pay compensation for delay, loss of or
damage to a Consignment:
10.4.1 if we deliver it in accordance with instructions from, or purporting
to be from, you or the addressee;
10.4.2 due to latent or inherent defect, vice or natural deterioration of
Items;
10.4.3 containing precious stones or metals, real fur, jewellery (other
than imitation), watches, Antiques, stamps, negotiable documents,
bearer bonds, money or money’s equivalent; or
10.4.4 containing tickets, or tickets which are exchangeable for goods and
services (including without limitation, airline tickets or tickets for
any mode of transportation).
10.5 We will be liable to pay compensation for losing, but not other loss
or damage to any Consignment containing, ceramics or glass.
10.6 Any compensation payable for loss or damage under this
Agreement is subject to Condition 12 and is limited to:
10.6.1 the repair costs of the Items damaged or, if lost or damaged
beyond repair, their replacement cost (excluding VAT, unless you
are not registered for VAT);
10.6.2 (at our option) repairing or replacing the Items with an equivalent
item, taking account of depreciation for wear and tear; or
10.6.3 in the case of Collectables, the actual price paid for the
Collectables.
10.7 We will not be liable to pay any compensation for loss or damage
(where otherwise payable) in respect of any Item(s) occurring
because of:
10.7.1 the absence, inadequacy or failure of any packaging, labelling or
addressing;
10.7.2 Prohibited Goods or Restricted Goods being sent in any
Consignment; or
10.7.3 Items being sent in contravention of these Conditions of Carriage.
10.8 You agree to indemnify us from and against any loss, damage or
claims suffered or incurred by us by virtue of any lack of authority
by you to Despatch any Consignment under this Agreement.
10.9 We will not be liable in respect of any Consignment where you or
the owner of the Consignment or anyone acting on their or your
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behalf have been fraudulent or dishonest in any way, nor shall we
be liable in respect of any Consignment where any person
misrepresents his authority to receive a Consignment on the
addressee’s or your behalf.
10.10 We will not be liable to you for any loss of contracts, sales,
turnover, goodwill, opportunity, reputation, business, profits,
revenue, anticipated savings or any other economic loss
(regardless of whether any of these losses or damages are direct,
indirect or consequential) or any indirect, consequential or special
losses in each case regardless of how they arise.

11 Matters beyond our reasonable control

11.1 Sometimes we may not be able to provide the Services because of
something beyond our reasonable control (such as war, acts of
terrorism, extreme weather conditions, earthquakes, fire, floods,
traffic congestion, mechanical breakdown (including of machinery,
equipment and vehicles), and any public or private road being
blocked, or industrial action and the outcomes of it if this prevents
us from providing our usual services).
11.2 If this happens, we will not be responsible to you.

12 Compensation

12.1 You must substantiate a compensation claim by providing any
relevant information about the Consignment including proof of
despatch, proof of value, estimates for repair costs, cost price,
invoices (excluding VAT), weight and nature of the Item(s) lost or
damaged and (in the case of damage) provide the Consignment
and its packaging for inspection. We may make such investigations
as we deem necessary to satisfy ourselves of the validity of any
claim.
12.2 All claims for compensation must be made on a completed claim form which must be received by us within 30 days ofthe date of Despatch of the Consignment.
12.3 Compensation payments will be credited to your account or the
credit or debit card upon which you have paid. On our request you
will repay to us monies paid in compensation if Items are
subsequently delivered or recovered.
12.4 If any payments due to us are outstanding, we reserve the right to
withhold compensation until such payments are made in full.

13 Sub-contractors

We may engage agents and/or sub-contractors to perform all or
any part of the Services and such agents and/or sub-contractors
will be entitled to the protection of all the terms in this Agreement
which exclude or limit our liability

14 Dispute escalation

If any dispute between us arising out of this Agreement cannot be
resolved amicably through ordinary discussions by our respective
representatives within 21 days, either you or we may refer the
dispute to mediation in accordance with the Centre for Dispute
Resolution (CEDR) Model Mediation Procedure. Neither of us will
commence court proceedings (other than for interim or
interlocutory relief) until we have attempted to settle the dispute
by mediation and that mediation has terminated. We both agree
to co-operate fully with any mediation, provide such assistance as
is necessary to enable the mediator to discharge its duties, and to
bear equally between us the fees and expenses of the mediator.
Any mediation will be conducted in London in English and will be
without prejudice to the rights of either of us in future
proceedings.

15 General

15.1 The terms of this Agreement shall be treated as confidential by both of us and shall not be disclosed to any other party by you unless required by lawful authority.
15.2 We may vary any of the provisions of this Agreement at any time upon giving you thirty days’ notice in writing.
15.3 All rights, title, and interest in the names and logos of SkilledLine.com belong to SkilledLine.com LTD. The use of these names and logos by you for any purpose without our written agreement is strictly prohibited. Any goodwill arising from your use of these names and logos shall automatically accrue to SkilledLine.com LTD, and you will sign a confirmatory assignment of such goodwill if requested.
15.4 We may set-off any liability you have to us under or in relation to this Agreement against any liability we have to you under or in relation to this Agreement.
15.5 The failure of either of us to enforce or to exercise any term of, or right arising under, this Agreement is not and will not be a waiver of that term or right and will not affect that party’s right to enforce or exercise it at a later date.
15.6 This Agreement contains the entire understanding between us in relation to the Services and supersedes any prior agreements between us in this respect. In entering into this Agreement neither of us have relied upon, and will have no rights or remedies in respect of any statements, collateral or other warranties, assurances, undertakings or representations by the other party in relation to the subject matter of this Agreement.
15.7 You may not assign or transfer the whole or any part of this Agreement without our prior written consent which we shall not unreasonably withhold.
15.8 If any part of this Agreement is likely to become or is found to be invalid, illegal or unenforceable, that validity, illegality or unenforceability will not affect the other parts of this Agreement, all of which will remain in full force and effect.
15.9 A person who is not a party to this Agreement may not enforce any of its provisions under the Contracts (Rights of Third Parties) Act 1999.
15.10 In the event of any conflict between any Condition of this Agreement and the Front Sheet, the Conditions of Carriage will prevail.
15.11 This Agreement will be governed by and construed in accordance with the Laws of England and Wales. We both agree to submit to the exclusive jurisdiction of the courts of England and Wales.
15.12 You and we respectively agree that we and you and/or anyone that we or you employ and/or for whom we or you are responsible will comply with any applicable anti-bribery or anti-money laundering laws and/or regulations in connection with this Agreement and/or any related services.