NLC EXPRESS Standard Terms and Conditions
- All and any business undertaken, including any advice or information given or service provided, whether
gratuitously or not, is transacted subject to the Conditions set out hereinafter. Each Condition shall be deemed to be
incorporated in and to be a Condition of any agreement between the Company and its Clients.
- In these conditions of trading (hereinafter called “these conditions”) the expression “the Company” means and
(unless the context precludes the same) includes the Company’s servants, agents and any person or persons carrying
goods under the contract with the Company. “Client” means any person who contracts for the service of the Company
and includes the Client’s servants or agents or any persons carried as passengers on behalf of the Client.
- The Company is not a Common Carrier and will accept goods for carriage only on these Conditions.
- No agent or person employed by or under contract with the Company has any authority to alter or vary in any way
these Conditions, unless having been previously expressly authorised to do so by the Company in writing.
- If any legislation 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 part of these conditions be repugnant to such legislation to any extent, such part all as regards such
business be void to that extent but no further.
- Clients entering into transactions of any kind with the company for the carriage of goods expressly warrant that they
are either owners, or the authorised agent of the owners, of any goods to which the transaction relates and further
warrant that they are authorised to accept and are accepting these conditions, not only for themselves but also as agents
for and on behalf of all other persons who are or may thereafter become interested in the goods.
- Any instructions or business accepted by the Company may, in the absolute discretion of the company, be fulfilled
by the Company itself or by its own servants, performing part of all the relevant services or by the Company employing
or entrusting the carriage of goods to others to perform part or all the services.
- Subject to express instructions given by the Clients, the Company reserves to itself absolute discretion as to the
means route and procedure to be followed in the handling, storage and transportation of goods. Further if in the opinion
of the Company, it is at any stage necessary or desirable in the Client’s interest to depart from those instructions, the
Company shall be at liberty to do so.
- The Company warrants that all goods entrusted to the Company for carriage have been properly labelled and
- All offers and quotations by the Company for its services are given on the basis of prompt acceptance by the Client
and shall only remain open for acceptance for the period of seven days, unless revoked, withdrawn or verified by the
Company prior to such acceptance.
- All credit accounts are rendered at such periodic intervals as shall be the Company’s policy from time to time and
are subject to settlement within 30 thirty days of date of invoice. Where payment is not received by that date, any offer
made by the Company to give credit or discount for prompt settlement will automatically be deemed to be withdrawn
and the Company reserves the right to impose a surcharge on all outstanding balances at the rate of two per cent per
(i) The Company shall only be responsible for any loss or damage to goods or for any non-delivery or misdelivery
if it is proved that the loss, damage, non-delivery or mis-delivery was due directly to the negligence or
default of the Company and in the event of the Company providing transport for a Client of goods, the carriage of
such goods shall be solely at the risk of the Client and the Company shall incur no liability of any kind. In respect
thereof the Client is advised to insure against such risks.
(ii) The Company shall only be liable for non-compliance or in-compliance with instructions even to it if it is
proved that the same was caused by the negligence or default of the Company.