Same Day Courier Europe Ltd T/A Same Day Courier (hereinafter referred to as “the carrier”) is not a common carrier and accepts goods for carriage only upon that condition and the Conditions set out below. No servant or agent of the Carrier is permitted to alter or vary these Conditions in any way unless expressly authorised in writing to do so by a duly authorised person. If any part of these Conditions is incompatible with applicable legislation, such part shall, as regards the Contract, be overridden to that extent and no further.

1.            Definitions

2.            Application of Terms and Conditions

3.            Bookings and Quotes

4.            Parties and Sub-contracting

5.            Dangerous Goods

6.            Consignment and Delivery

7.            Loading and Unloading

8.            Consignment Notes

9.            Transit

10.          Obligations of the Customer

11.          Undelivered or Unclaimed Consignments

12.          Carrier’s Charges

13.          Cancellations

14.          Liability for Loss and Damage

15.          Fraud

16.          Our Freight Liability

17.          Compensation to the Carrier

18.          Time Limits for Claims

19.          Unreasonable Detention

20.          Confidentiality

21.          Law and Jurisdiction

22.          General

1. Definitions

In these Conditions:

“Booking” means a booking for the carriage of a Consignment placed by a Customer with the Carrier via telephone, email or messaging services (such as text, WhatsApp etc.).

“Customer” means the person, organisation or company who contracts for the services of the Carrier.

“Carrier” means Same Day Courier Europe Ltd T/A Same Day Courier.

“Contract” means the contract of carriage between the Customer and the Carrier.

“Consignee” means the person or company to whom the Carrier delivers the Consignment.

“Consignment” means goods or property, whether or not contained in separate parcels, packages, containers or envelopes including any paper and documents, to be delivered by the Carrier for the Customer to the Consignee.

“Dangerous Goods” means goods set out in the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (CDG) and the European agreement “Accord européen relatif au transport international des marchandises dangereuses par route” (ADR), which together regulate the carriage of dangerous goods by road including, explosives, radioactive material, and any other goods presenting a similar hazard.

“Delivery Address” means the address for delivery of the Consignment notified to the Courier at the time of booking.

“Demurrage” means any cost or expense the Carrier suffers as a result of the improper, excessive or unreasonable detention of any vehicle, trailer, container or other equipment belonging to or under the control of the Carrier.

“Force Majeure Event” shall have the meaning set out in Condition 14(c).

“In writing” includes, unless otherwise agreed, the transmission of information by electronic, optical or similar means of communication, including, but not limited to, facsimile, electronic mail or electronic data interchange (EDI), provided that the information is readily accessible and durable so as to be usable for subsequent reference.

2. Application of Terms and Conditions

Our terms and conditions shall apply to all Bookings placed by the Customer with the Carrier and prevail over any uncertain terms or conditions contained, or referred to, in the customer’s purchase order, confirmation of order, acceptance of a quote, or implied by law, trade custom, practice or course of dealing.

3. Bookings and Quotes

a)       All bookings shall be placed by the Customer to the Carrier by telephone, email or messaging services (such as text, WhatsApp etc.).

b)      All quotes provided by the Carrier to the Customer shall be valid for a period of 7 days or such other period as the carrier may specify.

c)       The Carrier reserves the right to refuse to accept any bookings.

4. Parties and Sub-contracting

a)       The Customer warrants that they are either the owner of the consignment or is authorised by such owner to accept these conditions on such owner’s behalf.

b)      The Carrier may employ the services of any other carrier for the purpose of fulfilling the contract in whole or in part and the name of every other such carrier shall be provided to the Customer upon request. The Carrier may at any time assign, mortgage, charge, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the contract, to the extent permitted by law.

5. Dangerous Goods

a)       The Carrier shall not be obliged to carry any Dangerous Goods or Consignments.

b)      The Customer is responsible for ascertaining if the contents of any Consignment are Dangerous Goods, are prohibited or are subject to restrictions or specific requirements either within the UK or the country of destination for international deliveries.

c)       The Customer must not send or attempt to send a Consignment containing any Dangerous Goods, prohibited or restricted goods via the Carrier without disclosing this information to the Carrier.

d)      If the Customer does send or attempt to send Dangerous Goods, prohibited or restricted goods the Customer may be liable to prosecution and shall indemnify and keep indemnified the Carrier and its employees, contractors, subcontractors and agents, against any loss or damage suffered or liability incurred as a result of such actions.

e)      If a Consignment containing any Dangerous Goods, prohibited or restricted goods is sent by the Customer, the Carrier may deal with the Consignment in its sole and absolute discretion (without incurring any liability whatsoever to the Customer or Recipient) including destroying or otherwise disposing of such Parcel or Consignment in whole or in part or returning the Consignment to the Customer, and shall be entitled to charge the Customer the cost of disposal and all other costs reasonably incurred and additionally the sum of £20, (or such sum as specified by the Carrier on its website) if it chooses to return the Consignment or any part of it.

f)        The Carrier may, acting reasonably, add or remove items from the definition of prohibited goods or restricted goods (and may vary any applicable restrictions) without notice, by making the details of any such additions or deletions available on its website).

g)       The Customer shall be liable to the Carrier its employees, subcontractors and agents for all loss, damage or injury arising out of the carriage of Dangerous Goods, prohibited or restricted goods, whether declared as such or not and all goods not properly packed and duly labelled (or not in compliance with any other specific requirements) to the extent that such loss, damage or injury is caused by the nature of those goods.

h)      Dangerous Goods (prohibited and restricted goods) must be declared by the Customer and if the Carrier agrees to accept them for carriage they must be classified, packed, marked, labelled and documented in accordance with the statutory regulations for the carriage by road of the substance declared.

i)        Transport Emergency Cards (Tremcards) or information in writing in the manner required by the relevant statutory provisions must be provided by the Customer in respect of each substance and must accompany the Consignment. The Carrier will ensure that the cards are appropriate to the load.

j)        The Carrier reserves the right to open and inspect any Consignment.

6. Consignment and Delivery

a)       The Customer will ensure that the Consignment is properly and safely packed and secure and safe to be carried, stored and transported.

b)      The Customer shall ensure that the Consignment is securely and properly packed and labelled in accordance with any relevant legislation and in such a condition that it is not likely to cause injury or damage to person or property.

c)       The Carrier will use all reasonable efforts to ensure Consignments are delivered in accordance with the time notified to the Customer, however, it is agreed that such times are estimates only and time shall not be of the essence for the purpose of this agreement.

d)      When Consignments are to be collected from a Customer’s address the Customer will provide appropriate equipment and labour for loading the Consignment.

e)      Delivery shall be deemed to be completed when the Carrier completes unloading of the Consignment to the Delivery Address, and a proof of delivery is obtained and a signature is obtained (POD). The driver who delivers the Consignment shall scan the POD and upload photographic evidence as required by the Carrier.

7. Loading and Unloading

a)       Unless the Carrier has agreed in writing to the contrary with the Customer, The Carrier shall not be under any obligation to provide any plant, power or labour, other than that carried by the vehicle, required for loading or unloading the Consignment.

b)      The Customer warrants that any special appliances or instructions required for loading or unloading the Consignment which are not carried by the vehicle will be provided by the Customer or on the Customer’s behalf.

c)       The Customer shall ensure that any cranes, fork lift trucks, slings, chains or other equipment used in loading or unloading the vehicle are suitable for that purpose and will indemnify the Carrier against any and all consequences of failure of or unsuitability of such equipment.

d)      The Customer shall ensure that there is adequate access to the loading and the unloading points and that the roadways to and from the public highway are of suitable material and that unloading will take place on good sound hardstanding, where there will be sufficient space to load or unload the vehicle in safety.

e)      The Customer shall ensure that no loss or damage to any of the Carrier’s vehicles or trailers occurs whilst at the collection or delivery premises and shall be liable for any such damage.

f)        The Carrier shall under no circumstances be liable to the Customer for any loss of, or damage to the Consignment or any property of the Customer in connection with or arising out of the Carrier’s use of any special equipment in the loading or unloading of the Consignment (other than that carried by the vehicle used by the Carrier).

g)       The Customer shall indemnify the Carrier against all costs, expenses, injuries, losses, liability damages, claims, proceedings or legal costs which the Carrier may suffer as a result of the provision of assistance with loading or unloading.

h)      The Customer shall indemnify the Carrier against all liability or loss or damage suffered or incurred (including but not limited to damage to the Carrier’s vehicle) as a result of the Carrier’s personnel complying with the instructions of the Customer or the Consignee or their servants or agents.

i)        The Customer shall make available to the Carrier upon request details of any risk assessments which may have been carried out at the collection and/or delivery The responsibility for carrying out such risk assessments shall be that of the Customer and not of the Carrier.

8. Consignment Notes

a)       The Carrier shall, if so required, sign a document prepared by the sender acknowledging the receipt of the Consignment but no such document shall be evidence of the condition or of the correctness of the declared nature, quantity, or weight of the Consignment at the time it is received by the Carrier and the burden of proving the condition of the Consignment on receipt by the Carrier and that the Consignment was of the nature, quantity or weight declared in the relevant document shall rest with the Customer.

b)      The Customer shall, prior to or upon the completion of loading the Consignment, sign and forthwith deliver to the Carrier a consignment note stating; the Collection address, the Consignee and the Delivery Address; A complete and accurate description of the nature of the goods within the Consignment and the method of packing; The number of items, parcels, packages and/or containers in the Consignment; The gross weight of the goods within the Consignment or their quality otherwise expressed and any other information the Carrier may reasonably require.

9. Transit

a)       Unless otherwise agreed expressly between the parties, transit shall commence when the Carrier takes possession of the Consignment whether at the point of collection or at the Carrier’s premises.

b)      Transit shall end when the Consignment is tendered at the Delivery Address provided at the time of booking by the Customer

c)       Where a Consignment cannot be delivered (for whatever reason) or is held by the Carrier to await order or further instructions and such instructions are not given or the Consignment is not collected within 24 hours of notice being given to the Customer or such other time as the Carrier may nominate, then transit shall be deemed to end at the expiry of such time.

d)      The Carrier shall be entitled to recover its charges in full for any delivery, which is unsuccessful due to incorrect or inadequate information provided by the Customer and in addition recover any expenses or losses it suffered or incurred in attempting to effect delivery.

e)      The Consignment shall be at the sole risk of the Customer at all times when the Consignment is not in transit.

f)        The Customer understands and accepts that the Carrier shall be entitled to open and examine any Consignment that the Carrier reasonably considers to be a security or health and safety risk  and to take, at its sole discretion, such appropriate action thereafter.

10. Obligations of the Customer

a)       The Customer warrants that the Consignment does not and will not cause pollution of the environment or harm to human health; require any official consent or licence to handle, possess, deal with or carry; at any time whilst in the care or control of the Carrier constitute waste (unless the Carrier has been previously advised otherwise); and that the Consignment is of a nature that can be legally transported in the United Kingdom.

b)      The customer will comply, and will procure that all of its agents, employees and sub-contractors also comply, with any reasonable regulations of the Carrier relating to handling, health and safety, and security, of which they are notified or have been notified.

c)       The customer will provide the Carrier with such information and materials as the Carrier may reasonably require in order to comply with its obligations under the Contract, and will ensure that such information is complete and accurate in all material respects.

d)      If the Carrier’s performance of any of its obligations under the Contract is prevented, hindered or delayed by any act or omission of the Customer or by any failure by the Customer to perform any relevant obligation (“Customer Default”), then without limiting or affecting any other right or remedy available to it, the Carrier shall have the right to suspend performance of its obligations until the Customer remedies the Customer Default, and may rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents, hinders or delays the Supplier’s performance of any of its obligations.

e)      The Carrier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Carrier’s failure to perform or delay in performing any of its obligations as set out in this Condition 10(d); and

f)        The Customer shall on written demand reimburse the Carrier for any costs or losses sustained or incurred by the Carrier arising directly or indirectly from the Customer Default.

11. Undelivered or Unclaimed Consignments

a)       Where the Carrier is unable to effect delivery as requested by the Customer when making a Booking, or where transit has come to an end, the Carrier shall use its reasonable endeavours to notify the Customer and the Consignee of any undelivered or unclaimed Consignment. Unless the Consignment is collected from the Carrier by the Customer, or instructions are given for the disposal, onward carriage or return to the Customer of the Consignment, within 7 days of such notice being given (or such other time as the Carrier may nominate), title to the Consignment shall transfer to the Carrier and the Carrier may destroy or sell the Consignment as if it were the absolute owner. Where a Consignment is returned to the Customer by the Carrier or a Customer arranges for the onward carriage and delivery of the Consignment by the Carrier (excluding any return to the Customer), that return or onward carriage (as the case may be) shall be at the Customer’s sole cost and expense and shall be charged to the Customer (and the Customer shall pay) at the Carrier’s standard rates.

b)      The Carrier shall use its reasonable endeavours to obtain what is in its view a reasonable price for the Consignment and shall use the proceeds of sale to discharge the Carrier’s expenses incurred in relation to the carriage, storage and sale or disposal of the Consignment. Any remaining amounts will be charged to the Customer and any proceeds will be paid over to the Customer upon its written request, upon which the Carrier shall be discharged from all liability in respect of the Consignment.

12. Carrier’s Charges

a)       Charges shall be payable when due without deduction or deferment on account of any claim, counterclaim or set-off. The Customer shall pay the Carrier within the agreed payment terms agreed when setting up the respective accounts and the Carrier shall be entitled, without prejudice to any other right, the Carrier shall be entitled to charge interest and legal costs on any overdue sum from the due date until payment of the overdue sum, whether before or after judgement. Interest under this clause will accrue each day at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 as amended from time to time.

b)      If the Customer becomes insolvent or any sums owed by the Customer on any invoice or account with the Carrier become overdue for payment, any credit terms shall be cancelled with immediate effect and all invoices or accounts issued by the Carrier shall immediately be deemed due for payment and thereupon become payable.

c)       Unless otherwise agreed with the Customer at the time of the booking, the Carrier shall not be required to obtain a signed or any other type of proof of delivery (including photographic proof) of the Consignment from the Consignee. Where the Carrier does agree at the time of booking to obtain such proof of delivery no payment shall however be withheld by the Customer where the Carrier is unable to provide a proof of delivery unless notification of non-delivery is received by the Carrier no more than 48 hours after the expected time of delivery of the Consignment and the Carrier is subsequently unable to evidence proof of delivery.

d)      The Customer is entitled to cancel the collection of a Consignment at any time before the agreed collection time. If the Customer cancels the collection less than an hour before the agreed time, the Carrier reserves the right to charge a cancellation fee equivalent to 100% of the total agreed charge.

e)      All bookings are subject to the following loading and unloading times, 30 minutes (van consignments) and 60 minutes (lorry consignments) each for collection and delivery. After the above allocated loading and unloading times end and the vehicle is still on site, the carrier reserves the right to charge waiting time fees as notified within our terms or service.

f)        In the event that the Carrier provides services in addition to those originally agreed including (without limitation) providing services outside working hours, making deliveries to locations other than the Delivery Address or outside the time at which the Carrier is to collect or deliver the Consignment, the Carrier shall be entitled to be paid by the Customer such additional amount as represents the additional cost incurred together with a management charge.

g)       The Customer shall not be entitled to withhold, deduct or set off against any amount due to the Carrier any sum which it alleges is due to it from the Carrier.

h)      The Customer is responsible for ensuring that it has paid the appropriate charges. If at any time the Carrier determines that the Customer has not paid the appropriate charges then the Customer shall be liable to the Carrier for the difference between what the Customer initially paid and the amount which the Customer should have paid. The Carrier may at is discretion suspend any account that the Customer has with the Carrier until any unpaid amount is repaid, as well as take any other legal action the Carrier is entitled to in order to recover any unpaid amounts.

13. Cancellations

a)       The Customer may cancel the order up to 24 hours before and receive a full refund by contacting the Carrier and providing the relevant order number connected to the Consignment.

b)      If an order is cancelled within 24 hours of collection, the Carrier will endeavour to cancel the order and issue a refund where possible. If however, the Carrier is unable to cancel delivery without incurring costs, those costs shall be passed on to the Customer and in any case the Customer shall be unable to cancel the order and shall not be entitled to a refund if the Carrier has collected the Consignment or it has been dropped off/the label has been used.

14. Liability for Loss and Damage

a)       The Carrier shall only be liable for loss or damage to or in connection with the Consignment howsoever or whensoever caused and whether or not caused or contributed to directly or indirectly by any act, omission, neglect, default or other wrongdoing on the part of the Carrier, its employees, contractors, subcontractors or agents if and to the extent that the Carrier has been negligent.

b)      Subject to these Conditions the Carrier shall be liable for: physical loss, mis-delivery of or damage to living creatures, bullion, money, securities, stamps, precious metals or precious stones comprising the Consignment only if: the Carrier has specifically agreed in writing to carry any such items; and the Customer has agreed in writing to reimburse the Carrier in respect of all additional costs which result from the carriage of the said items; and the loss, mis-delivery or damage is occasioned during transit and is proved to be due to the negligence of the Carrier, its employees, contractors, subcontractors or agents;

c)       Physical loss, mis-delivery of or damage to any other goods comprising the Consignment unless the same has arisen from a “Force Majeure Event” which shall mean any act(s), event(s), circumstances(s) or cause(s) the occurrence of which is beyond the reasonable control of the Carrier, including but not limited to: any consequences of war, invasion, act of foreign enemy, hostilities (whether war or not), civil war, rebellion, insurrection, terrorist act, military or usurped power or confiscation, requisition, or destruction or damage by or under the order of any government or public or local authority; seizure or forfeiture under legal process; error, act, omission, mis-statement or misrepresentation by the Customer or other owner of the Consignment or by servants or agents of either of them; inherent liability to wastage in bulk or weight, faulty design, latent defect or inherent defect, vice or natural deterioration of the Consignment; any special handling requirements in respect of the Consignment which have not been notified to the Carrier; insufficient or improper packing, labelling or addressing; riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labour from whatever cause; fire, flood, storm, earthquake, pandemic, or epidemic; road congestion, road accidents, delays incurred at any delivery location or lack of delivery instructions from the Customer, vehicle breakdown; Consignee not taking or accepting delivery within a reasonable time after the Consignment has been tendered.

d)      The Carrier shall not in any circumstances be liable for loss or damage arising after transit is deemed to have ended within the meaning of these conditions, whether or not caused or contributed to directly or indirectly by any act, omission, neglect, default or other wrongdoing on the part of the Carrier, its servants, agents or sub-contractors.

e)      The Carrier shall not be liable for any loss or deterioration of, or damage to, or non-delivery, mis-delivery of any property (including the Consignment) or any other claim in any circumstances whatsoever, howsoever caused save to the extent that the same is caused by its wilful default or negligence.

f)        Unless agreed otherwise, the Carrier shall not be obliged to insure the Consignment, and where it does so, will insure on the conditions set out by the Road Haulage Association and CMR. The Customer is responsible for insuring against all risks for the full insurable value.

15. Fraud

The Carrier shall not in any circumstances be liable in respect of a Consignment where there has been fraud on the part of the Customer or the owner, or the servants or agents of either, in respect of that Consignment, unless the fraud has been contributed to by the complicity of the Carrier or of any servant of the Carrier acting in the course of his employment.

16. Our Freight Liability

a)       You are covered to the extent provided by our Policy for the following losses and liabilities arising from the provision of an Insured Service under an Insured Contract and / or Insured Convention, as specified in the Schedule, occurring within the Geographical Limits during the Period of Insurance.

b)      Loss or Damage; You are covered for Your liability to any third party for physical loss of or damage to Goods or Mis-delivery of Goods, other than Consequential Loss and accidental delay.

c)       Consequential Loss and Accidental Delay; You are covered for Your liability for Consequential Loss arising from: physical loss of or damage to Goods or Mis-delivery of Goods, provided that You are covered under this Policy; and accidental delay in the delivery of any Goods. We will not pay more than four (4) times the amount charged by You under the Insured Contract and / or Insured Convention or GBP 250,000, whichever is the least.

d)      Contract Conditions Set Aside; You are covered for Your liability where You are not legally entitled to rely on all or any part of any defence or limitation of liability in the Insured Contract under which You contracted with Your customer. We will not pay more than GBP 500,000 any one Event.

e)      Non-incorporation of Insured Contracts; You are covered for Your liability arising under the common law of England and Wales as a result of the provision of an Insured Service where; you inadvertently failed to incorporate an Insured Contract into the contract for the Insured Service with Your customer and where no Insured Convention applied; and you had an effective system in continuous use throughout the Period of Insurance to contract with Your customers under such Insured Contracts and the failure was the direct result of an isolated error or omission by You or any Employee. Where You did not have such a system in continuous use or You contracted on terms other than an Insured Contract, You are still covered but only to the extent that liability would have attached under the Insured Contract or the Insured Convention considered by Us to be the most appropriate. We will not pay more than GBP 500,000 any one Event.

17. Compensation to the Carrier

a)       The Customer shall compensate the Carrier against all liabilities and costs incurred by the Carrier (including but not limited to claims, demands, proceedings, fines, penalties, damages, expenses and loss of or damage to the carrying vehicle and to other goods carried) by reason of any error, exclusion, inaccuracy or misrepresentation by the Customer or other owner of the Consignment or by any employee, contractor, subcontractor or agent, insufficient or improper packing, labelling or addressing of the Consignment or fraud as in Condition 15.

b)      All claims and demands whatsoever (including for the avoidance of doubt claims alleging negligence), by whomsoever made and howsoever arising (including but not limited to claims caused by or arising out of the carriage of Dangerous Goods and claims made upon the Carrier by HM Customs and Excise in respect of dutiable goods consigned in bond) in excess of the liability of the Carrier under these Conditions in respect of any loss or damage whatsoever to, or in connection with, the Consignment whether or not caused or contributed to directly or indirectly by any act, omission, neglect, default or other wrongdoing on the part of the Carrier, its servants, agents or sub-contractors.

c)       Any sensitive personal data, information and documents contained within a Consignment, including but not limited to names, addresses, bank details, signatures and dates of birth is entirely at the Customer ‘s risk and no compensation is available for these items. Data stored on electronic media, for example data disks, hard drives, magnetic tapes or pen drives must be suitably encrypted. The Customer shall compensate the Carrier against all actions, claims, proceedings and judgments together with costs incurred relating to loss, damage or disclosure of such data documents.

18. Time Limits for Claims

The Carrier shall not be liable for damage to the whole or any part of the Consignment, or physical loss, mis-delivery or non-delivery of part of the Consignment unless the Carrier has been negligent and the Customer has advised the Carrier in writing of the issue within seven days after completion of said consignment.

19. Unreasonable Detention

The Customer shall be liable to pay Demurrage for unreasonable detention of any vehicle, trailer, container or other equipment but the rights of the Carrier against any other person in respect thereof shall remain unaffected.

20. Confidentiality

a)       Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by these Conditions.

b)      Each party may disclose the other party’s confidential information: to its employees, officers, representatives, sub-contractors or advisers who need to know such information for the purposes of carrying out the party’s legal obligations; and as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

21. Law and Jurisdiction

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

22. General

a)       Nothing in these Conditions (nor anything else), shall confer on any third party any benefit, nor the right to enforce any of these Conditions which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999.

b)      These conditions, and the documents and information on the websites referred to, constitute the entire agreement between the Carrier and the Customer. The Customer acknowledges that in agreeing to these conditions it has not relied on any representation or undertaking, whether oral or in writing, save as expressly incorporated therein.

c)       If any provision of these conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the provisions of these Conditions which shall remain in full force and effect.

d)      If any provision or part-provision of these Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part- provision shall be deemed deleted. Any modification to or deletion of a provision or part- provision under this clause shall not affect the validity and enforceability of the rest of these Conditions.

e)      The Carrier and the Customer agree that they and/or anyone they employ and/or for who they are responsible will comply with any applicable anti-bribery or anti-money laundering laws and/or regulations in connection with these Conditions or related services.

f)        The Carrier shall not be liable to the other for any delay or non-performance of the Services to the extent that such non-performance is due to a Force Majeure Event (including but not limited to any genuine circumstances outside of the reasonable control of either of the parties which were not reasonably foreseeable at the date of execution hereof which include war, insurrection, earthquake, riot, fire and flood, but excluding any change to guidelines, industry codes or regulations or industrial dispute).