Business Terms and Conditions of 2b2 Motorcycle Couriers

IMPORTANT NOTICE

2b2 Motorcycle Couriers is operated by 2b2 Motorcycle Couriers.

When ordering 2b2 Motorcycle Couriers's services you, as "Shipper", are agreeing on your behalf and on behalf of anyone else with an interest in the Shipment, that the Terms & Conditions shall apply from the time that 2b2 Motorcycle Couriers accepts the Shipment unless otherwise agreed in writing by an authorised officer of 2b2 Motorcycle Couriers.

"Shipment" means all documents or parcels that travel under one Contract Number and may be carried by any means that 2b2 Motorcycle Couriers chooses, including any other carrier. Every Shipment is transported on a limited liability basis as provided herein. If Shipper requires greater protection, then insurance is the Shipper's responsibility.

1. Unacceptable Shipments

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
  
• 2b2 Motorcycle Couriers decides it cannot transport an item safely or legally (such items include but are not limited to: animals, bullion, currency, bearer form negotiable instruments, precious metals and stones, firearms, part thereof and ammunition, human remains, pornography, illegal drugs, plants and eggs).

2. Deliveries and Undeliverables

Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to Receiver's address given by the Shipper but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area. If Receiver refuses delivery or to pay for delivery, or Shipment is deemed to be unacceptable, or Receiver cannot be reasonably identified or located, 2b2 Motorcycle Couriers 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 2b2 Motorcycle Couriers 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. Inspection

2b2 Motorcycle Couriers has the right to open and inspect a Shipment without prior notice to the Shipper.

4. Shipment Charges and Billing

2b2 Motorcycle Couriers's Shipment 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 2b2 Motorcycle Couriers for all Shipment charges, storage charges, duties and taxes owed for services provided by 2b2 Motorcycle Couriers or incurred by 2b2 Motorcycle Couriers 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.

5. 2b2 Motorcycle Couriers's Liability

2b2 Motorcycle Couriers contracts with the Shipper on the basis that 2b2 Motorcycle Couriers'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 2b2 Motorcycle Couriers'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. 2b2 Motorcycle Couriers's liability in respect of any one Shipment transported, without prejudice to Sections 6-9, is limited to its actual cash value and shall not exceed GB£75.00.
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.

6. Time Limits for Claims

All claims must be submitted in writing to 2b2 Motorcycle Couriers within thirty (30) calendar days from the date that 2b2 Motorcycle Couriers accept the Shipment, failing which 2b2 Motorcycle Couriers shall have no liability whatsoever.

7. Shipment Insurance

Shipment Insurance is the responsibility of the Shipper.

8. Delayed Shipment

2b2 Motorcycle Couriers 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. 2b2 Motorcycle Couriers is not liable for any damages or loss caused by delays.

9. Circumstances beyond 2b2 Motorcycle Couriers's control

2b2 Motorcycle Couriers is not liable for any loss or damage arising out of circumstances beyond 2b2 Motorcycle Couriers'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 2b2 Motorcycle Couriers; riot or civil commotion; any act or omission by a person not employed or contracted by 2b2 Motorcycle Couriers 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.

10. Shipper's Warranties and Indemnity

Shipper shall indemnify and hold 2b2 Motorcycle Couriers 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 2b2 Motorcycle Couriers
  
• 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

11. Routing

Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.

12. Governing Law

Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of 2b2 Motorcycle Couriers, 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.

13. Severability

The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.