1. These conditions shall be incorporated into all contracts and other relationships between SDB Express Ltd of Borehamwood Herts and the customer specified on each signed account application (The Customer).
2. These conditions shall not be varied save in writing signed by an official of SDB Express.
3. SDB Express Ltd is not a common carrier.
4. The Customer hereby warrants with SDB Express: a. that they are either owners or authorised agents of the owners of any goods to which the transaction relates and are fully authorised to accept and are accepting these conditions for themselves and where applicable as agents for and on behalf of all other persons who are or may hereafter become interested in the goods. b. that the goods are not of a noxious or dangerous nature and do not consist of any living animal or organism, livestock, plant, explosive substance, bullion, coins, precious stones, jewellery, valuables, antiques, pictures (excluding commercial artwork) or any radioactive substance. c. that the goods are properly packaged.
5. Any quotation given by SDB Express Ltd may be withdrawn by them at any time prior to its acceptance.
6. SDB Express Ltd reserves the right to deliver the goods either by itself or by the use of agents and in particular The Customer hereby authorises SDB Express Ltd to enter into any agreement it thinks proper with any other courier or shipping agent in connection with the delivery of the goods.
7. Unless arrangements have been made for credit SDB Express Ltd reserves the right not to perform any of its obligations hereunder until such time as payment has been made in full. Where credit arrangements have been agreed all invoices are to be settled by The Customer within thirty days of the same being rendered. In the event of payment not being made within these terms, The Customer agrees to pay interest at the rate of 5% per month.
8. a. The liability of SDB Express Ltd in respect of any loss or damage to goods shall be whichever is the lower of the value of the goods or the sum of ten thousand pounds in respect of goods specified to be delivered. This figure can be increased on prior arrangement and following confirmation of acceptance of the increase in writing by SDB Express.
b. SDB Express Ltd shall not be liable for any consequential loss arising out of any of the events specified in sub-clause (a) hereof.
c. In any event SDB Express Ltd shall not be responsible for any losses as specified in sub-clause (a) hereof unless The Customer shall have notified SDB Express Ltd by email within 24 hours and in writing of the loss within 14 days of the event giving rise to the claim therefor.
9. The Customer will indemnify and keep indemnified SDB Express Ltd and its servants and agents and employees from and against all actions, claims, costs and proceedings arising out of any breach of these conditions or any failure by The Customer to adequately specify the goods carried or to complete or provide information to lead to the completion of any bill of lading or customs documentation.