Part 1 : General Terms
1 : In these conditions Legion shall include all associated and subsidiary companies and its employees, appointed agents’ sub-contractors in the country of domicile of the customer.
2 : Legion undertakes any business subject to the conditions hereinafter set out each of which shall be deemed to be incorporated in and to be a condition of any agreement whether written or implied between Legion and the customer. In the absence of such written agreement to the contrary these conditions shall constitute the entire agreement between Legion and each of its customers. No agent, employee or representative of Legion has authority to alter, modify or waive any provision of these conditions.
3 : Definitions
Goods means the items listed on the Consignment Note, where the Goods comprise more than one piece the expression shall where the context so admits refer to the whole or any part of them.
Excluded Goods means explosive, combustible, inflammable, toxic, dangerous, corrosive or other injurious items, including paints, solvents, or other liquids save those goods which fall below the small load limit of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004; precious metals and stones; currency, stock, bonds, un-cancelled postage or revenue stamps, travellers cheques, human remains including human ashes, firearms, parts of firearms and ammunition, maroons, flares and like items; offensive smelling items capable of contaminating others by smell or otherwise; antiques and pictures; all other items by which possession or carriage by road, rail or sea, land or air is prohibited by law, I.A.T.A. prohibited articles; controlled drugs, pornographic items and prohibited publications of all kinds. Insurance cover is not available for glass, ceramics, liquids or items containing or comprised of said materials or any consignments that contain items that require manual handling due to their dimensions or weight.
Consignment Note means Legion’s official form of shipping note, or electronic record saved to a database provided by Legion for the purpose of shipping goods. Consignment Notes are issued on the basis that as between the parties to this Agreement all statements of facts on the Consignment Note should be conclusively presumed to be true. Where, for whatever reason, the Goods are accepted from the customer by Legion without creation of a Consignment Note and the customer and Legion have previously done business on the basis of these conditions then they shall apply to these transactions not withstanding absence or delay in the creation of the Consignment Note. Where Goods are accepted from Legion by the recipient and where, for whatever reason, the recipient neglects to mark the Consignment Note with the date and/or time of receipt of said Goods then they are deemed to have been delivered in good time. Where Goods are accepted from Legion by the recipient and where, for whatever reason, the recipient neglects to mark the Consignment Note without clause as to the condition of said Goods then they are deemed to have been delivered in good order.
4 : Legion shall have no liability for any failure to perform their obligations hereunder and insofar as that failure arises directly or indirectly from labour disputes or strikes, whether actual or threatened, refusal or withdrawal of any necessary authorisations or permits require in connection with the carriage of Goods pursuant hereto, the outbreak of war, hostilities, insurrection, civil commotion or rebellion, grounding of aircraft, vehicle breakdown or road traffic accident, unusual or severe weather, acts of God, or Queen’s enemies or, without prejudice to the before mentioned, other circumstances outside Legion’s reasonable control.
5 : Legion may arrange for any part of the carriage to be carried out by any sub-contractor, agency, agent, licensee, carrier or any other person, firm or company.
6 : For the avoidance of doubt, shipper and the Customer are one and the same in all circumstances.
7 : Legion will not carry living creatures without prior agreement thereof. However, the right to refuse to carry Goods is at the sole discretion of Legion.
PART II : LEGION
8 : Subject to the provisions of these conditions, Legion undertakes to deliver the Goods to the Customer named on the Consignment Note at the delivery address given in the Consignment Note with all reasonable despatch.
9 : Legion is not a common carrier and will only carry Goods subject to these conditions. The right to refuse or abandon carriage or transportation of any Goods from any person, firm or company and the carriage or transportation of any class of Goods is reserved at the discretion of Legion.
10 : Legion reserves the right to carry the Customer’s Goods by any route and procedure and by successive carriers according to its own methods of handling, storage and transportation.
11 : Legion is responsible for the Customer’s Goods whilst they are within its custody or control and should be liable, subject to Clause 19 hereof, for loss sustained by the Customer due to damage or loss of the Goods whilst under custody or control. Except as aforesaid, Legion shall be under no liability in respect of the Goods carried by it and shall not be liable for any consequential loss which shall be deemed to include without restriction, commercial, financial or other direct loss of interest in utility. Legion will endeavour to deliver Goods in accordance with any agreed schedule but will not be liable for delay or non-performance of any carriage.
12 : Legion shall have lien of the Goods for all freight charges, custom duties, advances or charges of any kind arising out of this contract of carriage and may refuse to surrender possession of the Goods until such charges are paid. If the lien is not satisfied within a reasonable time Legion reserve the right to sell the Goods privately or by auction and apply the proceeds in or towards the discharge of the lien and the expenses incurred of the sale.
13 : Legion shall retain title over all commercial data that is entered onto Consignment Notes or electronically recorded onto databases that Legion provides for the purpose of providing transport services. Data shall include company names, addresses and specific details of consignments despatched to or from commercial organisations. Legion reserves the right to use this data for any purpose it sees fit including, but not exclusive to, collection of freight charges, custom duties, advances or charges of any kind arising out of this contract of carriage. Any title to personal data, as defined under the Data Protection Act 1998, is excluded.
14 : The rates quoted by Legion, for carriage, are exclusive of value added tax and Customs duties where applicable. They are, where indicated in any quotes or correspondence, inclusive of local airport tax and such taxes constitute the total liability of Legion in connection with taxation duties, quotations are given on the basis of immediate acceptance subject to right or withdrawal or revision with or without notice.
15 : Legion reserves the right to inspect the Goods consigned by its Customers by X-ray, hand searching or otherwise to ensure that all such items are capable of carriage to the country of destination within the standard operating procedures, customs declarations and handling methods of Legion. Legion does not warrant that any particular item to be carried is capable of carriage without infringing the law of any country or state from to or through which the item may be carried.
16 : Legion reserves the right to charge for goods according to their volumetric weight and/or impose a minimum charge per parcel based on the traffic profile of the Customer. Methods for charging volumetric weights may vary from time to time and are subject to change without notice.
Part III : Customer
17 : The Customer warrants to Legion that the description of Goods as shown on the Consignment Note conforms accurately to the contents of the Goods and the Customer shall indemnify Legion for all claims, damages and expenses arising as a result of any incorrect description and Legion shall thereupon have the right to deal with such items as it sees fit, including the right to abandon carriage of the same immediately upon Legion being aware that such items infringes these conditions.
18 : The Customer warrants that it is authorised to accept these conditions not only on behalf of its self but also as agent for or on behalf of all other persons who are or may thereafter become interested in the Goods. The Customer hereby undertakes to indemnify Legion against damages, costs and expenses resulting from any breach of this warranty.
19 : The Customer must ensure that all shipments tended to Legion for carriage are prepared and packed sufficiently to ensure safe transportation with ordinary care in handling. Legion shall not be liable for any loss or damage as a result of inadequate packing by the customer. Any article susceptible to damage as a result of any conditions that may be encountered in air transportation collection or delivery must be adequately protected by the Customer by proper packaging.
20 : The Customer must mark each shipment legibly and durably with the full name and address including the full postal code of the addressee. No responsibility is accepted by Legion for inadequate addressee information which may result in a delayed delivery. All liability or losses, damages and expenses arising as a result of failure to comply with obligations hereunder or as a result of its negligence is a liability of the Customer and is accepted by the Customer. Legion will use all reasonable care to effect Customs clearance, however, Legion will not be liable for any penalties imposed or losses incurred due to the Customer’s Goods being impounded by Customs or similar authorities and against any such penalty or loss the Customer indemnifies.
21 : It is hereby acknowledged by the Customer that they have been given an opportunity to make a declaration of the value for insurance purposes of the delivery of Goods prior to shipment and that the sum declared on the Consignment Note in Special Instructions for Delivery constitutes such declaration. No claim may be made against Legion for damage or loss of Goods in excess of this declaration, subject to clause 22 hereof. Any claim must be notified by the Customer to Legion within 7 days of the date when the Goods were accepted by Legion for carriage or within 3 working days of delivery, whichever is the greater. Claims made outside this time frame will have no validity. In cases of damage claims, the signatory must have clearly signed for the goods as “Damaged” or words to that effect. “Unchecked” or similar wording is not considered to imply damage and does not validate any claim.
22 : On the written request of the Customer and upon receipt of payment of the prescribed premium Legion undertakes to effect all risk insurance on behalf of the Customer to insure its Goods against loss or damage. The liability under the insurance is limited to a sum not exceeding £10,000.00 per consignment. Legion acts as the Customers agent in effecting such insurance and will use reasonable endeavours to assist its Customer in pursuing claims under policies effected hereunder. The liability of Legion in cases where the Customer does not purchase insurance as aforesaid shall be limited to a sum not exceeding £10 per kilo weight of the consignment, or using the aggregated weight of lost or damaged Goods in cases where only part of a consignment is claimed for, or, if a lesser amount, the liability shall be the replacement value of the goods being claimed for. If the replacement value is not ascertainable a 40% deduction from a valid copy of the sales invoice for the damaged or missing goods will be used to calculate the replacement value. All claims are settled net of VAT and on the provisions that the goods are not excluded from insurance cover (see clause 3) and the loss or damage to goods is proven to have occured in transit. For clarity, Legion reserve the right to reject any claims that are fraudulent or in cases where the address information and/or packaging of goods provided by the customer are deemed by Legion to be inadequate.
23 : Claims for loss or damage will only be accepted when all transportation charges thereon have been paid. The amount of a claim may not be deducted from the transportation charges. The value of the Goods shall be ascertained by reference to their replacement or reconstruction value at the time and place of shipment without reference to their commercial utility to the Customer and other items of consequential loss. Claims for damage will not be accepted if the consignee has signed for the Goods without indicating damage on the Consignment Note to the aforementioned Goods.
24 : In the event that any Customer should consign Excluded Goods with Legion the Customer shall indemnify Legion for all claims, damages and expenses arising in connection therewith and Legion shall have the right to deal with such items as it shall see fit which shall include the right to abandon carriage of the same immediately upon Legion having knowledge that such items infringes these conditions.
25 : All payments are to be made in pounds sterling and are due within the agreed credit terms as set out in any sales agreement, email, letter or other correspondence issued by Legion. Credit terms may be limited by amount, days outstanding or both of the aforementioned. All payments must include any applicable duties and/or taxes that remain outstanding.
26 : Data Protection Consent. Legion are committed to protecting your privacy. However, in order for Legion to manage your account and carry out its business effectively Legion require consent to use your personal information as follows; To help Legion to make credit decisions about you, to prevent fraud and to check your identity Legion may search the files of credit reference agencies who will record any credit searches on your file. Legion may also disclose details of how you conduct your account to such agencies, who may be empowered to register these details and make them available to their associates and members. This information may then be used by other credit grantors for making credit decisions about you, for fraud prevention and occasionally for tracing debtors. If you would like details of these credit reference agencies please contact Legion, you have a legal right to these details. Legion may pass your personal information outside the UK to other countries. Legion are responsible for making sure that your personal information continues to be protected during this type of transfer.
27 : These Terms and Conditions can vary from time to time, and to alleviate the need for Legion to provide written updates, Legion will do this by altering the terms and conditions on the Website and the alteration will be of immediate effect. Please refer to : www.legionexpress.co.uk/full-terms-and-conditions
28 : All parties submit any disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of the Courts of England & Wales