You can read the Terms & Conditions below or download a PDF version here: NPX Terms and Conditions
Please study the terms set out below as they apply to your contract. By these terms the Company its servants and agents are firstly NOT TO BE LIABLE AT ALL FOR CERTAIN LOSSES AND DAMAGE: and secondly, in respect of such losses or damage for which they are liable. THE AMOUNT OF LIABILITY IS IN ALL CIRCUMSTANCES LIMITED TO THE AMOUNT STATED.
The terms implied by section 39 of the Sale of Goods and Supply of Services Act 1980 are negatived or varied insofar as the terms set out below are inconsistent therewith. We recommend you check that your insurance cover is sufficient.
STANDARD TERMS OF CONTRACT FOR ROAD EXPRESS SERVICES
In these terms where the context so permits the following expressions shall have the following meanings:
(a)” The Company” means Nationwide Logistics Services Limited whose Registered Office is at 11a Parkmore Industrial Estate,
Longmile Road, Dublin 12.
(b)“Consignment” means any article or articles of any sort which may be, or be intended to be, received by the company from
any one consignor at any one address for carriage and delivery at any one time to any one consignee at any one other address.
(c) “The relevant collection point” means the address at which any Consignment is to be received by the Company for the
purpose of this Agreement.
(d) “The relevant delivery point” means the address at which any Consignment is to be delivered by the Company for the purpose
of this Agreement.
(e) “The excepted risks” mean:
(i) War, Invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection
or military or usurped power, or loot, sack or pillage in connection therewith, and/or
(ii)Ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of
nuclear fuel, and/or
(iii) Radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof,
(iv) Pressure waves caused by aircraft and other aerial devices travelling at sonic or supersonic speeds, and/or
(v)The absence, failure or inadequacy of packing or packaging;
(f)“The Service Order” means the Service Order and Schedule Form
(g)“The Agreement” means the Service Order together with these terms.
2. Company’s obligation
In consideration of the payments to be made to the Company by the Company shall (subject as hereinafter mentioned) during the
continuance of this agreement carry out the services described in the schedule.
3. Liability of the Company
(a) The value of the property intended to be carried and/or delivered under this Agreement and also that amount of any
consequential loss which might arise from damage or loss to or of the said property are matters which are better known to and/or
more readily ascertainable by the Customer than the Company: indeed to some extent they cannot be known to the Company but
are under the control of the Customer;
(b) The potential extent of the damage (as defined in (f) below) that might be caused to the Customer is disproportionate to the
sum that can reasonably be charged by the Company under this agreement.
(c) The company is not able to obtain insurance giving unlimited cover for its full potential liability to its customers under
agreements such as this and in any case even insurance giving unlimited cover for such liability is more difficult and more
expensive to obtain than insurance in respect of any loss of or damage to his own property or of loss arising therefrom which
insurance the Customer should be able to, and should, obtain;
(d) The company is concerned to keep down the costs of the services it provides to its Customers under agreements such as this;
(e)In the circumstances the Company intends to limit its liability for any damage caused to the Customer (as defined in (f) below)
to an amount, which is not out of proportion to its charges hereunder, namely the amount defined in (ii) below.
(f)In this Agreement “damage caused to the Customer” means any damage suffered by the Customer (including for the avoidance
of doubt any loss of or damage to any Consignment and loss of any other kind whether direct or consequential), howsoever
arising caused by any negligence, breach of duty or other wrongful act or omission (which phrase, wherever it appears in this
Agreement, includes any deliberately wrongful act or omission and any breach, howsoever fundamental, of any express or
implied term of this Agreement) on the part of the Company its servants or agents:
(g)It is difficult to investigate claims received weeks after the loss or damage is alleged to have occurred.
THE COMPANY AND THE CUSTOMER AGREE TO THE FOLLOWING LIMITATION OF LIABILITY
(i) Provision as to the liability of the Company, its servants or agent
So far as concerns damage caused to the Customer the Company shall be liable to the Customer (and then only to the limited
extent set out below) only if and in so far as such damage is caused by the negligence, breach of duty of other wrongful act or
omission of the company itself or its directors or servants acting within the course of their employment.
(ii) Provision as to limitation of the amount of liability of the company
If, whether pursuant to the provisions set out herein or otherwise, any liability to the Customer shall arrive on the part of the
Company, its servants or agents (whether under the express or implied terms of this Agreement, howsoever fundamental, or in
negligence or in any other way, however fundamental may be the breach of any duty) for any damage caused to the Customer,
such liability shall in all cases whatsoever be limited to the payment by the Company on its own behalf and on behalf of its
servants and agents by way of damages of a sum not exceeding €150 in respect of any one consignment.
(iii) Provision as to notification of claims
The Company its servants or agents shall not be liable to the Customer in any circumstances or to any extent whatever in respect
of damaged caused to the customer unless written notice is received by the Company at its Head Office (stated overleaf) within
14 days, in case of damage to the whole or part of a Consignment and, in all other cases, 28 days of the date upon which the
Consignment was collected or received by the Company.
(iv) Special Provision as to the excepted risks and as to strikes etc.
(a) The Company and its servants or agents shall not in any circumstances whatever be liable for any damage caused to the
customer unless written notice is received by the Company at its Head Office (stated overleaf) within 14 days, in the case of
damage to the whole or part of a Consignment or loss of part of a Consignment, and, in all other cases, 28 days of the date upon
which the Consignment was collected or received by the Company.
(b) If the Company shall at any time be prevented from or delayed in starting, carrying out or completing any services described
in the Schedule by reason or strikes, lockouts, labour disputes, weather conditions, traffic congestion, mechanical breakdown or
obstruction of any public or private road or highway or any cause whatever beyond the Company’s control, the Customer shall
have no claim for damages or otherwise against the Company its servants or agents for any consequential loss as a result thereof
PROVIDED that in the case of mechanical breakdown of one of the Company’s vehicles the Company shall use its best
endeavours to provide a replacement vehicle with the minimum predictable delay.
(c) Special provision as to labelling
The Company its servants or agents shall not in any circumstances Whatever be liable for any late delivery or misdelivery or
non-delivery caused or contributed to by any deficient or ambiguous labelling of the Consignment.
4. Loading and unloading
When collection or delivery takes place at the Customer’s premises the Company shall not be under any obligation to provide
any plant, power or labour which apart from the Company’s servant, may be required for loading or unloading at such premises.
Any assistance in loading or unloading given by the Company other than at the recognised place of collection or delivery shall be
at the sole risk of the Customer, who will save harmless and keep the Company indemnified against any claim or demand
(whether or not arising out of the negligence of the Company its servants or agents) which could not have been made if such
assistance had not been given.
Any consignment (or part thereof) requiring special appliances for loading and/or unloading is accepted for carriage only on
condition that such appliances are available at the relevant collection and/or delivery points. Where such special appliances are
not available as aforesaid and if the Company agrees to load or unload such Consignment (or part thereof) the Company shall be
under no liability whatsoever to the Customer for any damage however caused, in the course or as a result of loading or
unloading such Consignment without such special appliances, whether or not by the negligence of the Company or its servants or
agents, and the Customer shall save harmless and keep the Company indemnified against any claim or demand arising out of
such loading or unloading.
The Company will make one attempt to deliver a Consignment during normal working hours i.e. between 9am and 5pm on a
working day. If the Consignment cannot be delivered and a receipt obtained the Company will have the option either to make a
further attempt to deliver or to return the Consignment to the Cosignor at the Customer’s cost. Deliveries, which cause waiting
time in excess of fifteen minutes will be subject to a surcharge.
(a) In the case of services where the Company is required to collect goods from or deliver goods to a country outside the Republic
of Ireland, the Company’s liability (subject to (b) below) is governed by the relevant conditions of the Convention on the
Contract for the International Carriage of Goods by Road (CMR) signed in Geneva in May 1956 (as may be amended from time
to time) (the CMP Regulations) and in particular Articles 17 and onwards, which provisions will be incorporated into the
Agreement and will apply in place of any inconsistent terms above written. A copy of such provisions will be supplied if
(b) In relation to that part of any carriage performed by air and if the transit by air involves an ultimate destination or stop in a
country other then the country of departure, the Warsaw Convention as amended may be applicable and the Convention governs,
and in most cases limits, the liability of the Company in respect of loss or damage to consignments.
No objection will be taken to the use by the Company at its own expense of any other carrier and in such circumstances both the
Company and such other carrier shall be entitled to the protection of all the terms hereof which exclude or limit the liability of
8.Provision for indemnify by the Customer
The Customer shall for all purposes be treated by the Company and its servants or agents as sole beneficial owner of any and
every Consignment and it is agreed that if any other person shall in respect of any Consignment, or part thereof, make any claim
against the Company it servants or agents arising out of the subject-matter of this Agreement, whether arising out of any
negligence, breach of duty or other wrongful act or omission by the Company its servants or otherwise, in respect of any loss or
damage (including loss of any kind whether direct or consequential) outside or beyond the liability of the Company to the
Customer, as limited herein, then the Customer shall indemnify the Company its servants or agents against any such claim (and
all costs incurred therein) in respect whereof the Company is by the Agreement declared to be under no liability to the Customer,
or in so far as any such claim shall cause the total liability of the Company to the Customer and all such claimants to exceed the
limited sum set out in Clause 3 above PROVIDED NEVERTHELESS that if any servant or agent of the Company shall have
been guilty of any deliberately wrongful act or omission (relevant to such loss or damage in respect of which any such claim is
made) such servant or agent shall not be, as between himself and the Customer, entitled to the benefit of this indemnity.
9.Provision extending protection to servants or agents of the Company
The Customer agrees with the Company, contracting as agent and/or trustee on behalf of its servants and agents, that in
consideration of the said servants and agents carrying out for the benefit of the Customer the obligations under their contracts of
employment with or otherwise to the Company, such servants and agents shall be entitled to the protection of all the terms and
conditions hereof in any claim by the Customer against such servants or agents (except, in so far as relates to Deliberately
wrongful acts or omissions for which, as between the Customer and the servants or agent, the agents shall be fully liable at law).
(a)The Customer shall during the continuance of the Agreement make payments to the Company monthly in advance in
accordance with the Schedule the first of such payments to be made not later than the date of commencement. The charges stated
in the Schedule are exclusive of Value Added Tax.
(b)(i)During any week in which the fulfilment of this Agreement would require the Company to perform the services prescribed
herein on a bank or public holiday the company shall be entitled to make a reasonable extra charge to reflect any additional costs
thereby incurred by the Company.
(ii)If, on account of the incidence of Bank or Public Holidays or exceptional circumstances, the Customer shall request the
Company and the Company shall agree to carry out the services herein prescribed on any day other than that specified in the
Schedule the Company shall also be entitled to make a reasonable extra charge to reflect any additional costs thereby incurred by
11 Items not carried
The Customer undertakes that the Company shall not be required or caused to carry or convey anything if such carriage or
conveyance would be unlawful including the conveying of any letter contrary to the provisions of the Post Office Act 1908 (as
may be amended from time to time). The Company will not, without its specific agreement, carry livestock, liquids, perishable
goods, glass, gases, pyrotechnics, arms and ammunition or corrosive, toxic, flammable, explosive, oxidizing or radioactive
materials. The Company reserves the right to refuse any parcels which are neither the property of, nor sent on behalf, of the
12 Customer Undertakings
The Customer undertakes that:-
(a)The Consignment shall be accepted at the relevant delivery point and an appropriate receipt therefore shall be given to the
Company’s representative escorting such Consignment, and such receipt, shall be conclusive evidence of delivery save where
such receipt is obtained as a result of any fraud, collusion or dishonesty on the part of the Company’s representative.
(b)In the event of a strike of employees of the Customer or of the employees at the relevant collection or delivery points the
Company’s servants or agents will not be asked to perform any additional duties or any duties of a strike-breaking nature.
(c)During the subsistence of the Agreement and within one year next after the termination thereof (howsoever the same may be
determined) the Customer will not knowingly employ any firm or company which is offering a service similar to that provided
by the Company hereunder and which is managed or Controlled by any person who shall be or shall have been an officer or
servant of the Company during the subsistence of this Agreement and who shall have worked on services provided to the
13 Miscellaneous Provisions
(a)Unless specifically agreed to the contrary, “working days” do not include Saturdays, Sundays or Public Holidays.
(b)No reduction of charges will be made if the Company receives less then the number of parcels for which the Customer has
(c)Consignments travelling more the 250 miles may be subject to delay.
14 Nature of Agreement
This Agreement and the CMR Regulations and Warsaw Convention (if applicable)
(a)Shall constitute the entire contract between the Company and the Customer and shall not incorporate or be deemed to
incorporate the provisions of any extraneous document.
(b)Shall supersede the provisions of any previous contract, warranty or representation made or given relating to the same services
as are described in the Schedule.
No variation, extension or cancellation of the expressed terms of this Agreement (other then the Schedule) shall be binding upon
the Company unless and until it is confirmed in writing under the hand of a Director of the Company and, for the avoidance of
doubt, it is declared that no person other then such Director has authority to negotiate or enter into any commitment on behalf of
the Company the effect of which would or might (but for this present clause) involve the Company in any legal liability
This Agreement may be determined by either party giving to the other one months previous notice in writing to that effect or
forthwith if the other party shall commit any breach of its obligations hereunder or (being an individual) shall commit an act of
bankruptcy or (being a corporate) shall go into liquidation other than for the purposes of reconstruction or amalgamation, or shall
suffer the appointment of a Receiver of any of his or its property or income or make any deed or arrangement with or
composition for the benefit of any of his or its creditors
This Agreement shall be construed in accordance with the laws Of the Republic of Ireland and the Courts of the Republic of
Ireland shall have exclusive jurisdiction in relation to any matters arising out of this Agreement. Any claims payable hereunder
shall be paid in the Republic of Ireland in Euros.