1. Definitions
In these conditions: - “Company,” “We,” “Us,” “Our,” and TOLF means TOLF LIMITED - “Goods,” “Shipment” means any document or commodity consigned by a customer from one address to another. - “Customer,” “You” and “Your” means any individual, firm, corporate body, incorporate association or any other body that uses the any or all the facilities that the company provides.
2. Advice
The contents of our website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
3. Carriage of Goods
a. The company is not a common carrier and accepts goods for conveyance on a subject exclusive to these conditions. No servant or agent of the company has any authority to alter, vary or waive any provisions of this contract in any aspect.
b. The company accepts goods for conveyance on the basis that all below conditions are fulfilled and the customer accepts that they are by signing any type of delivery or collection note which has been provided by the company.
c. That the customer is either the owner of or acting as a fully authorised agent for the owner of the goods and that if any other person or company has a stake in the goods, the person is acting as his fully authorised agent.
d. That the goods do not comprise of weapons, ammunition, or explosives
e. That the goods do not comprise or include a letter or letters which the United Kingdom post office has an exclusive right to convey.
f. That the goods do not comprise or include drugs, documents or other commodities that are illegal to have in possession in the country or countries the goods have arrived, departed from or been in transit from and or to.
g. That the company has given prior written notice of toxic corrosive, combustibility or the flammable nature of his / her or the companies goods.
h. That, unless packed by the company the goods are packed to the customers complete satisfaction and in strict compliance with all relevant packing regulations.
4. Capital Liability
a. The customer shall pay the company in respect to each consignment of the customers goods in accordance with the companies tariff charges in force at the time of each consignment; details of which are available from the company upon request. Payments shall be made promptly and where agreed in advance, within 30 days from the date of the company’s invoice. Payment details such as your credit card number and other financial details are not stored on our servers. All payment transactions use industry standard security to protect you.
b. No deductions on payments or post-dated payments will be accepted. You agree to pay our charges for the carriage of the shipment between the locations specified on the consignment note/contract of carriage and any value added taxes for the carriage within 30 days from the date of our invoice or in advance, as agreed prior to accepting the job. You wave all your rights to challenge our invoice if you do not contest our invoice within 7 days from the date of the invoice. Our carriage charges are calculated in accordance with the rates applicable to your shipment as set out in the provided rates contract. We may check the weight and dimensions of your shipment and if we find that there is a discrepancy between your declared weight and/or volume you agree that the weight and/or volume that we determine may be used for the purpose of our calculations.
c. As a matter of course all import duties, value added taxes on good and all other charges levied on the shipment in the destination country shall be payable to us by the receiver upon delivery of the shipment and if the receiver refuses to pay you agree to pay us the amounts in full immediately upon us notifying you that the receiver has not paid.
d. You agree that we charge interest on all invoices not paid within 30 days from the invoice date at the 5% above the Bank base rate at the time. You agree to pay our reasonable and proper cost of collection of invoices not paid within 30 days from the invoice.
5. Change of Use
TOLF LIMITED reserves the right to: change or remove (temporarily or permanently) the website or any part of it without notice and you confirm that TOLF LIMITED shall not be liable to you for any such change or removal.
change these Terms and Conditions at any time, and your continued use of the website following any changes shall be deemed to be your acceptance of such change.
6. Customs Clearance
a. You hereby appoint us as your agent solely for the purpose of clearing and entering the shipment through customs and you hereby certify that we are the consignee for the purpose of designating a customs broker to perform customs clearance and entry if we subcontract this work. If any customs authority requires additional documentation for the purpose of confirming the import / export declaration of our customs clearance status it is your responsibility to provide the required documentation at your expense.
b. You certify that all statements and information you provide relating to the importation and exportation of the shipment will be true and correct.
c. You acknowledge that if you make untrue or fraudulent statements about the shipment or any of its contents you risk a civil claim and / or criminal prosecution the penalties for which include forfeiture and / or sale of your shipment.
d. To the extent that we may voluntarily assist you in completing the required customs and other formalities, such assistance will be rendered at your sole risk.
e. You agree to identify us and hold us harmless from any claim that may be bought against us arising from the information you provide to us and any cost we will incur regarding this and pay any administration fee we may charge you for providing the service described in this article.
f. Any customs duties, taxes, penalties, storage charges or other expenses we incur because of the actions of customs or other government authorities or your failure and / or the receiver’s failure to provide proper documentation and / or to obtain the required license or permit will be charged to you or the receiver of the shipment. If we decide to charge the receiver and the receiver refuses to pay the incurred charges you agree to pay them to us together with our fee for the administration involved as well as any extra costs, we will incur. Upon our first request you will provide a proper guarantee for any of the duties, taxes, penalties, storage charges or any other charges set out by this article.
g. We will endeavour to expedite all customs clearance formalities for your shipment but are not liable for any delays, losses or damage caused by interference from customs officers or other government authorities.
7. Compliance with Laws and Regulations
The shipper shall comply with all applicable laws, customs and government regulations of any country to and, from through or over which the consignment may be carried, including those relating to the packing, carriage or delivery of the consignment, and shall furnish such information and attach such documents to the air/road/sea consignment note as may be necessary to comply with such laws and regulations. Carrier is not liable to the shipper or any other persons for loss or expenses due to the shipper’s failure to comply with this provision.
8. Entire Agreement
These Terms and Conditions constitute the entire agreement between you and TOLF LIMITED with regards to your use of the website. For any further information please email us at info@tolf.com
9. Copyright
Copyright All copyright, trademarks and all other intellectual property rights on the website and its content (including without limitation the website design, text, graphics and all software and source codes connected with the website) are owned by or licensed to TOLF LIMITED or otherwise used by TOLF LIMITED as permitted by law.
10. Limited Liability
a. We will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of customers, loss of use, loss of an opportunity or for any indirect, incidental, special or consequential damages or loss howsoever arising including but not
limited to the loss, damage, delay, miss delivery or non-delivery of your shipment even if we had knowledge that such damages or loss might arise.
b. We are not liable if your shipment or any part of it is lost, damaged, delayed or miss-delivered or not delivered or if we do not fulfil any obligations towards you at all because of:
1. Circumstances beyond our control such as (but limited to) - Acts of God including, but not limited to, earthquakes, cyclones, storms, flooding, fire, disease, fog, snow, or frost. - Any major force including, but not limited to, war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes, or civil commissions. - National or local disruptions in air, ground or sea transportation networks and mechanical problems to modes of transport or machinery. - Latent defects or inherent vice in the contents of the shipment. - Criminal acts of third parties such as but not limited to theft or arson.
2. Your acts or emissions or those of third parties such as: - You are being in breach of (or any other party claiming an interest in the shipment causing you to breach) your obligations under these terms and conditions and in particular those warranties set out in condition 2. An act or emission of any customs, airline, airport, or government official. - The contents of the shipment consisting of any article that is a prohibited item even though we may have accepted the shipment by mistake.
c. We are not a common carrier and do not accept from you any liabilities of a common carrier. Subject to the conditions above we limit our liability for any loss, damage or delay to your shipment or any part of it.
11. Links to Third Party Websites
TOLF LIMITED website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
12. Restrictions
The following are not acceptable for carriage:
1. Livestock 2. Perishable Goods 3. Dangerous Goods (as defined in the current IATA Dangerous Goods Regulations) 4. Valuable Goods (i.e., those which require special security) 5. Goods in bond or goods subject to customs License regulations
13. Rights Reserved
a. No person or company has the right to copy or alter this agreement in any form without the consent of the majority stakeholders within the TOLF LIMITED. It is an offence to copy or all or any part of this contract for any other use.
b. The company reserves the right to revise the rates, review these terms & conditions, any amendments, additions or deletions of any clause/s or paragraph/s to suit the ever-changing scenario from time to time and/or as required by the competent authorities.
c. This letter of business agreement comes into force as it is mutually agreed by both the parties the terms & conditions set forth herein and affix their signatures as a token of acceptance of the same.
14. Severance
If any of these Terms and Conditions should be determined to be invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed, and the remaining Terms and Conditions shall survive and remain in full force, effect, and continue to be binding and enforceable.
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