CONDITION OF TRADING
    1.All and any business undertaken, including any advice, or information given or services provided whether gratuitously or not by the firm, Vision Express, 22 Devonshire Road, London, W4 2HD, hereinafter called "the Firm" is transacted subject to the conditions hereinafter set out and each Condition shall be deemed to be incorporated in and be a Conditions of any agreement the Company and its Customers.

    2.In these conditions of trading (hereinafter called "these conditions" the Firm means and (unless the context precludes the same) includes the Company's servants, agents, and any person or persons carrying passengers or goods under contract with the Firm, "Customer" means any person who contracts for the services of the Firm and includes the Customer's servants or agents.

    3.The Firm is not a common carrier and will accept goods for carriage only on these conditions.

    4.No agent or person employed by or under contract with the Firm has any authority to alter or vary in any way these conditions unless previously expressly authorised to do so by the Firm in writing.

    5.If any legislation is compulsory 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 Firm 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 shall as regards such business be void to that extent but not further.

    6.Customers entering into transactions of any kind with the Firm for the carriage of goods expressly warrant that they are either the owners or the authorised agents 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 behalf of all other persons who are or may thereafter become interested in the goods.

    7.Any instructions or business accepted by the Firm may in the absolute discretion of the Firm be fulfilled by the Firm itself by its own servants performing part or all of the relevant services by the Firm employing or instructing or entrusting the carriage of goods or passengers to others to perform part or all of the services.

    8.To express instructions given by the Customer, the Firm reserves to itself absolute discretion as to the means, route and procedure to be followed in the carriage of passengers and in the handling, storage, and transportation of goods. Further, if in the opinion of the Firm it is at any stage necessary or desirable in the customer's interests to depart from those instructions, the Firm shall be at liberty to do so.

    9.The Customer warrants that all goods entrusted to it for carriage have been properly and sufficiently packed, labelled and/or prepaid.

    10.All offers and quotations by the Firm for its services are given on the basis of prompt acceptance by the customer and shall only remain open for acceptance for the period of seven days unless revoked, withdrawn or verified by the Firm prior to such acceptance.

    11.All credit accounts are invoiced 14 days, payable 14 days from date of invoice.

    12.(I) The Firm shall only be responsible for any loss or damage to goods for any non-delivery or misdelivery if it is proved that the loss, damage, non-delivery or misdelivery occurred whilst the goods were in the actual custody of the Firm and under its actual control and that such loss, damage, non-delivery or misdelivery was due to the negligence or default of the Firm and in the event of the Firm providing transport for a Customer of both a passenger or passengers and goods the carriage of such goods and any personal effects of any such passenger shall be solely at the risk of the Customer and the Firm shall incur no liability of any kind in respect thereof, and the Customer is advised to insure against such risks.

    (ii)The Firm shall only be liable for any non-compliance or miscompliance with instructions given to it if it is proved that the same was caused by the negligence or default of the Firm.

    (iii)Save as aforesaid the Firm shall be under no liability whatsoever however arising, and whether in respect of or in connection with any goods or any instruction, business, advice, information or service or otherwise.

    (iv)It shall be responsibility of the Customer to satisfy himself that any load that he wishes to have carried by the Firm shall be suitable for conveyance in the vehicle or machine ordered by the Customer and provided by the Firm, and if the Customer accepts the vehicle or machine offered by the Firm for the carriage of such load the Firm will accept no liability whatsoever for any loss or damage to such load arising from the unsuitability of such vehicle or machine.

    (v)Without prejudice to the generality of the foregoing, in the absence of express agreement by the Firm's Partner the Firm can under no circumstances whatsoever accept any responsibility for any delay to either passengers or goods not due to the negligence or default of the Firm.

    (vi)Further and without prejudice to the generality of the proceeding sub condition the Firm shall not, whether under sub conditions (I) or (ii) or otherwise, be under any liability whatsoever for any detention of goods or for any consequential loss, damage or deterioration arising there from except where (a) the Customer shall have specified to the Firm the nature of the goods and purpose of their transit and the Firm through its General Manager shall have agreed in writing with the Customer a time schedule and specification in respect of the transit of the said goods (b) it shall be proved that such detention, delay, loss or damage or deterioration was due to the negligence of the Firm.

    13.In no case whatsoever shall any liability of the Firm however arising and not withstanding any lack of explanation exceed the value or the relevant goods or a sum at the rate of £1,000 per single item or £1,000 per total consignment, or £1,000 per carriage.

    14.In any event the Firm shall be discharged from all liability for loss from a package or an unpacked consignment or for the damage or miss-delivery (however caused) unless the Firm is advised thereof in writing within seven clear days and a quantified claim is made in writing within 28 days after the end of the transit of the consignment.

    15.The Firm will not accept or deal with any anxious, dangerous, hazardous or inflammable or explosive goods likely to cause damage. Should the Customer nevertheless deliver any such goods to the Firm or cause the Firm to handle or deal with any such goods he shall be liable for all loss or damage whatsoever caused by or to in connection with the goods however arising and shall indemnify the Firm against all penalties, claims, damages, costs and expenses, whatsoever arising in connection therewith and the goods may be destroyed or otherwise dealt with at the sole discretion of the Firm or by any other person in whose custody they may be at the relevant time.

    16.Except under special arrangements previously made in writing the Firm will not accept or deal with bullion, coins, precious stones, jewellery, valuables, antiques, pictures (excluding commercial artwork), livestock or plants. Should any Customer nevertheless deliver any such goods to the Firm or cause the Firm to handle or deal with such goods otherwise than under special arrangement, previously made in writing the Firm shall be under no liability whatsoever for or in connection with the goods.

    17.The Firm will receive by Direct Bank Transfer from your Bank or by Credit Card Debit any outstanding sums overdue for payment.

    18.All agreements between the Firm and the Customers shall be governed by English Law and be within the exclusive jurisdiction of the English Courts.
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