Fine Art Logistics
 

Terms and Conditions of Business 


1          Definition of terms used

1.1       You, your – the customer requesting provision of a courier service

1.2       We, us, our – 4usgroup Ltd, company number 12537451

1.3       They, them – the auction house or contact at the collection point

1.4       Consignment – any goods we transport for you ‘from one destination to another’

1.5       Contract – the agreement between the 4usgroup Ltd and the customer for the supply and purchase of the services incorporating these terms and conditions

1.6       Goods – items purchased by the customer
 


2          General points

2.1       This agreement supersedes all previous agreements, arrangements and undertakings between the parties and constitutes the whole agreement between the Customer and the Company.

2.2       We are a courier of fine arts and antiques and reserve the right to refuse consignments for delivery of items that are not considered to be in this category.

2.3       We regard your confirmation for using our services as an acceptance of these terms.

2.3.1    This contract is binding once we have accepted the consignment, either in writing or verbally.

2.4       Our liability to you is limited and explained in detail below.

 

3          Our Rights and Obligations

3.1       We reserve the right, at our discretion to:

-        subcontract any part(s) of a delivery by employing the services of another company.  Your rights will not be affected where subcontractors are used by us.

-        refuse any consignment, or parts thereof, for delivery

refuse to accept consignments containing potentially contaminating materials including oil; loose dirt/soil/sand; live creatures

-        refuse to accept dangerous goods for delivery

3.2       We will endeavour to deliver your consignment in the time frame you request.

3.2.1    Unless a delivery date is specified and agreed in writing, we will not be liable for any loss or expenses you might incur if the consignment is not delivered on time.

3.2.2    If we fail to deliver the consignment by the time you requested, and we are deemed at fault for this failure (a list of causes of delay that we will not accept responsibility for can be found below), we will reduce our charge to the actual service level provided

3.2.3    We will only deliver a consignment to the customer named on the contract or a dedicated recipient appointed by the customer.  Where it is not the customer, a signature may be required as proof of delivery.  We will not be liable for any loss or misdelivery where delivery has been made in good faith to a person claiming to be the customer or their appointed representative.

3.2.4    We will inform you of the planned delivery day and an estimated time of delivery in advance.  If the delivery day is not suitable for you and you are unable to arrange for someone to be available to receive your consignment at the time given by us, your delivery will need to be rescheduled.  This could mean a delay in when you will receive your item(s) and may incur a storage fee of a minimum of £5.00 per day per lot.

3.2.5    In the event of us being unable to deliver your consignment you can request delivery to an alternative address (additional costs to you may apply) or enter an agreed storage plan charged from the original date of delivery.  In circumstances where we are unable to communicate with the customer within a reasonable time, we have the right, at our discretion, to sell, to destroy or return the goods to the auctioneer (or other collection point) at your expense.

3.3       Where we are required to sign to acknowledge collection of your consignment, then that signature will not be regarded as evidence of the condition of the goods. We will inspect items collected and photograph any significant damage observed before removing the goods from the collection address.

3.4       If we are kept waiting or loading longer than 15 minutes at either the collection address or delivery address, we may charge you an additional amount.  This will be £25.00 per hour, or part thereof.

3.4.1    Additional expenses incurred when delivering your consignment, including tolls, parking charges or rubbish disposal, will be invoiced to you and payment will be expected in line with our payment terms.

3.5       We will not be liable for any consequential or economic loss or damage suffered by you or any third party. Our liability is limited to - whichever is the less - the invoice amount of, or cost of repair to, the goods sent in the consignment, subject to limits and conditions given below.

3.6       We will not be liable for any loss or damage to the consignment, or any delay or misdelivery if the cause was any of the following:-
a) War, terrorism, riot, strike, lockdown or any similar action.
b) Natural disasters (e.g. floods), poor or extreme weather conditions.
c) The consignment being seized or detained by any public authority.
d) Incorrect or insufficient address given on the consignment note or manifest. This includes any omission or ambiguity of information provided by you.
e) Incorrect or insufficient packaging of the consignment.
f) Traffic congestion or delay.
g) Any other event reasonable beyond our control.

                 Please note: presently there may be delays due to COVID-19 restrictions

3.7       If we are to consider any claim for non-delivery, late delivery, or loss or damage to the consignment, you must notify us in writing within 7 days of delivery. We will require written evidence to establish the value of the loss or damage (for example, a copy of your invoice).  We may also ask you to obtain an estimate for repair if appropriate. 

3.8       If the consignment differs from the description when a quotation was offered, we reserve the right to amend the cost of delivery.  Quotations are given taking into consideration size; weight and value of items in the consignment.  Where we have arrived to collect an item that does not fit on the van because of an incorrect description, you will still be required to pay the contracted fees.  You will then need to agree a new contract for collection of your item where the cost may be higher.

3.9       If you do not pay us within 7 days of the invoice date, we will be entitled to charge you a late fee of £50. If, after this, payment is still outstanding without an agreement made with ourselves, we may issue court proceedings.  If we are required to take legal action to recover payment from you, our claim will include interest and all associated costs of such action.  All items collected by ourselves remain the property of the 4us Group Ltd until delivery fee is paid and we reserve the right to sell these items to recover costs if the delivery fee is not paid.

 

4          Your Rights and Obligations

4.1       Before asking us to deliver a consignment, you must make sure of the following:-

-        If you are not the owner of the goods, you have the owner’s permissions to arrange for the delivery

-        The goods in the consignment are not hazardous or in breach of any laws

The goods do not contain potentially contaminating substances including, but not limited to, oil; living creatures; loose dirt/soil/sand

-        Have a copy of the invoice for the goods that can be forwarded to us

-        Goods will be appropriately packaged unless you have asked for a quotation that includes packaging

-        You have provided a complete address and contact phone number

-        You have made any necessary insurance arrangements (either with us or a third party) to provide the level of cover required, having regard to these items.

-        You have informed the collection point that you have employed our services and/or have supplied written confirmation that you agree that they can release the goods to us.

-        For licenced firearms, you have provided a copy of a valid firearms certificate. 

 

4.2       You will pay our invoices, including any VAT, in full and in sterling within 7 days unless an extension has been agreed.

4.2.1    You will raise any query you may have on our invoice within 5 days of the invoice date.  After that time you will be deemed to have accepted out invoice as correct and will make payment within our agreed terms.

4.3       If you are in breach of any of these terms, you will be liable for any loss or expenses suffered by us as a result

4.4       Unless we are shown to be at fault, you will be liable for any claims or losses arising from our delivering consignments to you.  This includes failure to provide the correct delivery address.

4.5       Where a consignment is large or heavy, you may be asked to ensure there is someone available to assist with lifting and moving the goods. You must make sure someone is at the delivery address at the time we have told you we will deliver. Failure to do so could result in our refusal to deliver or the accrual of waiting charges of £25.00 per hour, or part thereof, until you’re assistance arrives which will be invoiced and paid in line with these terms. Unless we are at fault, we will not be held liable for any injury sustained by you or your handler.

4.6       You will provide a contact number on which we can reach you with updates regarding your delivery. We will give you an estimated time of delivery in advance of the intended delivery day to ensure you will be available to accept delivery of the consignment. We will endeavour to inform you of significant changes or delays on the delivery day. We will not accept liability of costs incurred by you for late delivery where the delays we encounter are due to circumstances outside of our control.

4.7       You must be available to contact on the day of delivery, or have provided an alternative contact number in case we require assistance in locating the delivery address. You could be charged waiting fees of £25.00 per hour, or part thereof, in the event of us being delayed in delivering to you because we are unable to contact you on the number(s) provided to us. We could also refuse to deliver the consignment should we be unable the contact you and you will still be charged. You would then need to agree a new contract of delivery with us.

4.8       If you make a claim for damage to your consignment, you will keep (or arrange to keep) that consignment and all its packaging in a safe place and to one side in case we, or our loss adjusters, need to make inspection in the course of an investigation.

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