Terms & Conditions

THE CUSTOMER’S ATTENTION IS DRAWN TO SPECIFIC CLAUSES HEREOF WHICH EXCLUDE OR LIMIT THE COMPANY’S LIABILITY AND THOSE WHICH REQUIRE THE CUSTOMER TO INDEMNIFY THE COMPANY IN CERTAIN CIRCUMSTANCES AND THOSE WHICH LIMIT TIME BEING CLAUSES 8, 10, 12-14 INCLUSIVE, 18-20 INCLUSIVE, AND 24-27 INCLUSIVE

Insurance may only be affected by the Company under clause 11(A) if so authorised by the Financial Services Authority or its successor

All headings are indicative and do not form part of these conditions.

DEFINITIONS AND APPLICATION

1. In these conditions the following words shall have the following meanings: -

“Company” Follow Your Bag, a wholly owned subsidiary of Speedlink NI Ltd, trading under these conditions

“Consignee” the Person to whom the goods are consigned

“Customer” any Person at whose request or on whose behalf the Company undertakes any business or provides advice, information or services

“Direct Representative” the Company acting in the name of and on behalf of the Customer and/or Owner with H.M. Revenue and Customs (“HMRC”) as defined by Council Regulation 2193/92 or as amended

“Goods” the cargo to which any business under these conditions relates

“Person” natural person(s) or any body or bodies corporate

“SDR” are Special Drawing Rights as defined by the International Monetary Fund

“Transport Unit” packing case, pallets, container, trailer, tanker, or any other device used whatsoever for and in connection with the carriage of Goods by land, sea or air

“Owner” the Owner of the Goods or Transport Unit and any other Person who is or may become interested in them

2.(A) Subject to sub-paragraph (B) below, all and any activities of the Company in the course of business, whether gratuitous or not, are undertaken subject to these conditions.

2.(B) If any legislation, to include regulations and directives, is compulsorily applicable to any business undertaken, these conditions shall, as regards such business, be read as subject to such legislation, and nothing in these conditions shall be construed as a surrender by the Company of any of its rights or immunities or as an increase of any of its responsibilities or liabilities under such legislation, and if any part of these conditions be repugnant to such legislation to any extent, such part shall as regards such business be overridden to that extent and no further.

3. The Customer warrants that he is either the Owner, or the authorised agent of the Owner and, also, that he is accepting these conditions not only for himself, but also as agent for and on behalf of the Owner.

Web site www.followyourbag.com Follow Your Bag is a wholly owned division of Speedlink ltd, a company limited by guarantee. Registered in Northern Ireland NI 601425.

THE COMPANY

4.(A) Subject to clauses 11 and 12 below, the Company shall be entitled to procure any or all of the services as an agent, or, to provide those services as a principal.

4.(B) The Company reserves to itself full liberty as to the means, route and procedure to be followed in the performance of any service provided in the course of business undertaken subject to these conditions.   

5. When the Company contracts as a principal for any services, it shall have full liberty to perform such services itself, or, to subcontract on any terms whatsoever, the whole or any part of such services. 

6.(A) When the Company acts as an agent on behalf of  the Customer, the Company shall be entitled, and the Customer hereby expressly authorises the Company, to enter into all and any contracts on behalf of the Customer as may be necessary or desirable to fulfil the Customer’s instructions, and whether such contracts are subject to the trading conditions of the parties with whom such contracts are made, or otherwise.

6.(B) The Company shall, on demand by the Customer, provide evidence of any contract entered into as agent for the Customer.  Insofar as the Company may be in default of the obligation to provide such evidence, it shall be deemed to have contracted with the Customer as a principal for the performance of the Customer’s instructions.

7. In all and any dealings with HMRC for and on behalf of the Customer and/or Owner, the Company is deemed to be appointed, and acts as, Direct Representative only.

8.(A) Subject to sub-clause (B) below,

 The Company:

  (i) Has a general lien on all Goods and documents relating to Goods in its possession, custody or control for all sums due at any time to the Company from the Customer and/or Owner on any account whatsoever, whether relating to Goods belonging to, or services provided by or on behalf of the Company to the Customer or Owner. Storage charges shall continue to accrue on any Goods detained under lien;

  (ii) Shall be entitled, on at least 28 days notice in writing to the Customer, to sell or dispose of or deal with such Goods or documents as agent for, and at the expense of, the Customer and apply the proceeds in or towards the payment of such sums;

  (iii) Shall, upon accounting to the Customer for any balance remaining after payment of any sum due to the Company, and for the cost of sale and/or disposal and/or dealing, be discharged of any liability whatsoever in respect of the Goods or documents. 

8.(B) When the Goods are liable to perish or deteriorate, the Company's right to sell or dispose of or deal with the Goods shall arise immediately upon any sum becoming due to the Company, subject only to the Company taking reasonable steps to bring to the Customer's attention its intention to sell or dispose of the Goods before doing so.

9. The Company shall be entitled to retain and be paid all brokerages, commissions, allowances and other remunerations customarily retained by, or paid to, freight forwarders.

10.(A) Should the Customer, Consignee or Owner of the Goods fail to take delivery at the appointed time and place when and where the company is entitled  to deliver, the Company shall be entitled to store the Goods, or any part thereof, at the sole risk of the Customer or Consignee or Owner, whereupon the Company’s liability in respect of the Goods, or that part thereof, stored as aforesaid, shall wholly cease. The Company’s liability, if any, in relation to such storage, shall be governed by these conditions. All costs incurred by the Company as a result of the failure to take delivery shall be deemed as freight earned, and the Customer shall upon demand, pay such costs.

10.(B) The Company shall be entitled at the expense of the Customer to dispose of or deal with (by sale or otherwise as may be reasonable in all the circumstances):-

 

 (i) After at least 28 days notice in writing to the Customer, or (where the Customer cannot be traced and reasonable efforts have been made to contact any parties who may reasonably be supposed by the Company to have any interest in the Goods) without notice, any Goods which have been held by the Company for 90 days and which cannot be delivered as instructed; and

 (ii) Without prior notice, any Goods which have perished, deteriorated, or altered, or are in immediate prospect of doing so in a manner which has caused or may reasonably be expected to cause loss or damage to the Company, or third parties, or to contravene any applicable laws or regulations.

11.(A) No insurance will be effected except upon express instructions given in writing by the Customer and accepted in writing by the Company, and all insurances effected by the Company are subject to the usual exceptions and conditions of the policies of the insurers or underwriters taking the risk. 

Unless otherwise agreed in writing, the Company shall not be under any obligation to effect a separate insurance on the goods, but may declare it on any open or general policy held by the Company.

 

11.(B) Insofar as the Company agrees to effect insurance, the Company acts solely as agent for the Customer, and the limits of liability under clause 26(A) (ii) of these conditions shall not apply to the Company’s obligations under clause 11.

12.(A) Except under special arrangements previously made in writing by an officer of the Company so authorised, or made pursuant to or under the terms of a printed document signed by the Company, any instructions relating to the delivery or release of the Goods in specified circumstances (such as, but not limited to, against payment or against surrender of a particular document) are accepted by the Company, where the Company has to engage third parties to effect compliance with the instructions, only as agents for the Customer.

12.(B) Despite the acceptance by the Company of instructions from the Customer to collect freight, duties, charges, dues, or other expenses from the Consignee, or any other Person, on receipt of evidence of proper demand by the Company, and, in the absence of evidence of  payment (for whatever reason) by such Consignee, or other Person, the Customer shall remain responsible for such freight, duties, charges, dues, or other expenses. 

12.(C) The Company shall not be under any liability in respect of such arrangements as are referred to under sub-clause (A) and (B) hereof save where such arrangements are made in writing, and in any event, the Company’s liability in respect of  the performance of, or arranging the performance of, such instructions shall not exceed the limits set out in clause 26(A) (ii) of these conditions.

13.  Advice and information, in whatever form it may be given, is provided by the Company for the Customer only. The Customer shall indemnify the Company against all loss and damage suffered as a consequence of passing such advice or information on to any third party.

14. Without prior agreement in writing by an officer of the Company so authorised, the Company will not accept or deal with Goods that require special handling regarding carriage, handling, or security whether owing to their thief attractive nature or otherwise including, but not limited to bullion, coin, precious stones, jewellery, valuables, antiques, pictures, human remains, livestock, pets, plants.

Should any Customer nevertheless deliver any such goods to the Company, or cause the Company to handle or deal with any such goods, otherwise than under such prior agreement, the Company shall have no liability whatsoever for or in connection with the goods, howsoever arising.

15. Except pursuant to instructions previously received in writing and accepted in writing by the Company, the Company will not accept or deal with Goods of a dangerous or damaging nature, nor with Goods likely to harbour or encourage vermin or other pests, nor with Goods liable to taint or affect other Goods. If such Goods are accepted pursuant to a special arrangement, but, thereafter, and in the opinion of the Company, constitute a risk to other goods, property, life or health, the

Company shall, where reasonably practicable, contact the Customer in order to require him to remove or otherwise deal with the goods, but reserves the right, in any event, to do so at the expense of the Customer.

16. Where there is a choice of rates according to the extent or degree of the liability assumed by the Company and/or third parties, no declaration of value will be made and/or treated as having been made except under special arrangements previously made in writing by an officer of the Company so authorised as referred to in clause 26(D).

THE CUSTOMER

The Customer warrants:

17.(A) (i) That the description and particulars of any Goods or information furnished, or services required, by or on behalf of the Customer are full and accurate, and 

  (ii) That any Transport Unit and/or equipment supplied by the Customer in relation to the performance of any requested service is fit for purpose, and

17.(B) That all Goods have been properly and sufficiently prepared, packed, stowed, labelled and/or marked, and that the preparation, packing, stowage, labelling and marking are appropriate to any operations or transactions affecting the Goods and the characteristics of the Goods.

17.(C) That where the Company receives the Goods from the Customer already stowed in or on a Transport Unit, the Transport Unit is in good condition, and is suitable for the carriage to the intended destination of the Goods loaded therein, or thereon, and

17.(D) That where the Company provides the Transport Unit, on loading by the Customer, the Transport Unit is in good condition, and is suitable for the carriage to the intended destination of the Goods loaded therein, or thereon.

18. Without prejudice to any rights under clause 15, where the Customer delivers to the Company, or causes the Company to deal with or handle Goods of a dangerous or damaging nature, or Goods likely to harbour or encourage vermin or other pests, or Goods liable to taint or affect other goods, whether declared to the Company or not, he shall be liable for all loss or damage arising in connection with such Goods, and shall indemnify the Company against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith, and the Goods may be dealt with in such manner as the Company, or any other person in whose custody they may be at any relevant time, shall think fit. 

19. The Customer undertakes that no claim shall be made against any director, servant, or employee of the Company which imposes, or attempts to impose, upon them any liability in connection with any services which are the subject of these conditions, and, if any such claim should nevertheless be made, to indemnify the Company against all consequences thereof.

20. The Customer shall save harmless and keep the Company indemnified from and against: -

(A) All liability, loss, damage, costs and expenses whatsoever (including, without prejudice to the generality of the foregoing, all duties, taxes, imposts, levies, deposits and outlays of whatsoever nature levied by any authority in relation to the Goods) arising out of the Company acting in accordance with the Customer's instructions, or arising from any breach by the Customer of any warranty contained in these conditions, or from the negligence of the Customer, and

(B) Without derogation from sub-clause (A) above, any liability assumed, or incurred by the Company when, by reason of carrying out the Customer's  instructions, the Company has become liable to any other party, and

 

(C) All claims, costs and demands whatsoever and by whomsoever made or preferred, in excess of the liability of the Company under the terms of these  conditions, regardless of whether such claims, costs, and/or demands arise from, or in connection with, the breach of contract, negligence or breach of duty of the Company, its servants, sub-contractors or agents, and 

(D) Any claims of a general average nature, which may be made on the Company.

21.(A) The Customer shall pay to the Company in cash, or as otherwise agreed, all sums when due, immediately and without reduction or deferment on account of any claim, counterclaim or set-off.

(B) The Late Payment of Commercial Debts (Interest) Act 1998, as amended, shall apply to all sums due from the Customer

22. Where liability arises in respect of claims of a general average nature in connection with the Goods, the Customer shall promptly provide security to the Company, or to any other party designated by the Company, in a form acceptable to the Company.

LIABILITY AND LIMITATION

23. The Company shall perform its duties with a reasonable degree of care, diligence, skill and judgment.

24. The Company shall be relieved of liability for any loss or damage if, and to the extent that, such loss or damage is caused by: -

(A) Strike, lockout, stoppage or restraint of labour, the consequences of which the Company is unable to avoid by the exercise of reasonable diligence; or

(B) Any cause or event which the Company is unable to avoid, and the consequences of which the company is unable to prevent by the exercise of reasonable diligence.

25. Except under special arrangements previously made in writing by an officer of the Company so authorised, the Company accepts no responsibility with regard to any failure to adhere to agreed departure or arrival dates of Goods.

26. (A) FOLLOW YOUR BAG ® RETAINS NO LIABILITY FOR ANY LOSS IN EXCESS OF ITS MAXIMUM LIABILITY OF GBP£50. IN ALL EVENTS, FOLLOW YOUR BAG'S MAXIMUM LIABILITY IN CONNECTION WITH THIS SHIPMENT IS LIMITED TO THE LESSER OF ACTUAL DAMAGE OR GBP£50 PER ITEM SHIPPED.

(B) IN NO EVENT SHALL FOLLOW YOUR BAG ® BE LIABLE TO USER FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS USER AGREEMENT, REGARDLESS OF THE ACTIVE OR PASSIVE NEGLIGENCE OR SOLE, JOINT, CONCURRENT, OR COMPARATIVE NEGLIGENCE OF FOLLOW YOUR BAG ®. 

(C) USER EXPRESSLY ACKNOWLEDGES THAT FOLLOW YOUR BAG ® IS NOT LIABLE FOR (A) ANY CARRIER'S FAILURE TO MAKE TIMELY DELIVERY ON A SPECIFIED DELIVERY DATE, (B) ANY DELAYS IN PARCELS OR DELIVERIES BY FOLLOW YOUR BAG ® OR ITS CARRIERS, OR (C) FOLLOW YOUR BAG's ® DELETION OR FAILURE TO STORE SHIPPING REQUESTS OR SHIPPING RECORDS. 

(D) FOLLOW YOUR BAG ® WILL NOT BE LIABLE FOR LOSS, DAMAGE OR DELAY CAUSED BY EVENTS BEYOND OUR CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, WAR OR CIVIL UNREST, OR ACTS OF GOVERNMENT. 

(E) FOLLOW YOUR BAG ® IS ONLY LIABLE FOR LOSS OF OR PHYSICAL DAMAGE TO PACKAGE AT ACTUAL CASH VALUE AND NOT REPLACEMENT COST, UP TO GBP£50. FURTHER, FOLLOW YOUR BAG'S ® LIABILITY IS NOT APPLICABLE TO ADDITIONAL COSTS INCURRED BY THE CUSTOMER IF A SHIPMENT IS LATE, OR ANY OTHER COSTS OUTSIDE OF THE ACTUAL CASH VALUE OF A LOST OR DAMAGED PACKAGE, UP TO GBP£50. IN NO EVENT SHALL FOLLOW YOUR BAG ® BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST OPPORTUNITY COSTS.

CLAIMS

27.(A) Claims may be filed after a shipment is officially declared lost, which is defined as not having been delivered within ten (10) business days of the delivery date. Customer must document any loss in a timely manner and must make all claims in writing within 10 business days after such loss.

(B) All claims must be made in writing and within the time limits set forth above.

(C) Failure to provide us with notice in the manner and within the time limits set forth above will result in denial of your claim, and we will have no liability or obligation to pay your claim. The filing of a lawsuit does not constitute compliance with these notice provisions.

(D) Written documentation supporting the amount of your claim must be delivered to us within thirty (30) business days after we receive your notice of a claim. Such documentation may include original purchase invoices, estimates, invoices for repair, expense statements, appraisals, pictures, or other records. These documents must be verifiable to our satisfaction.

(E) We are not obligated to act on any claim until all transportation charges have been paid. The claim amount may not be deducted from these charges or from any outstanding balance from these charges or from any outstanding balance owed to us.

28. FOLLOW YOUR BAG and its delivery partners reserve the right to inspect a damaged item on the recipient’s premises as well as the right to retrieve the damaged package for inspection. The terms and conditions applicable to the original delivery (including any declared value) will govern the disposition of all claims in connection with the delivery, including any claim relative to the retrieval, inspection or return of the package. When an item is picked up for inspection, a receipt for the damaged item will be provided if requested by the recipient. All of the original delivery cartons, labels, packing and contents must be made available for our inspection and retained until the claim is concluded.

29. Except in the case of concealed damage, receipt of the delivery by the recipient without written notice of damage on the delivery receipt is prima facie evidence that the item was delivered in good condition.

30. Only one claim can be filed in connection with a delivery. Acceptance of payment of a claim shall extinguish any further right to recover in connection with that delivery.

31. FOLLOW YOUR BAG ® cannot provide for and in no manner will be liable for the loss of or physical damage to certain packages, including but not limited to, jewellery, electronic equipment, personal keepsakes, antiques, art, fragile items (including glass), unique or one-of-a-kind items or items of unusual value (including, but not limited to, precious metals, or currency). Such items are shipped expressly at your own exclusive risk. 

WEB SITE

32. The information, products and services contained or referred to on this web site may change or be updated without notice. There are links on this site, which allow you to visit the sites of other companies, neither these sites nor the companies to whom they belong are controlled by FOLLOW YOUR BAG ®.

JURISDICTION AND LAW

33. These conditions and any act or contract to which they apply shall be governed by Northern Ireland law and any dispute arising out of any act or contract to which these Conditions apply shall be subject to the exclusive jurisdiction of the Northern Ireland courts.