Our responsibility to you. 13.1 Our liability to you is only as expressly set out in this clause 13 and wherever else expressly stated in this Agreement. 13.2 You must make a claim for loss or damage in writing, as soon as possible after the incident and in any case within 80 Days of the date we accepted the relevant Item providing satisfactory proof that you posted it and we received it (and we will accept a Collection Notification or email receipt which you have received after we have collected your Item from the Collection Point as ‘satisfactory proof’ – as well as any other forms of satisfactory proof). We will not accept responsibility for claims made after this time. To claim for the postage part of your purchase, please refer to the product specific terms at xxx.xxxxxxxxx.xxx 13.3 Our liability to you will be as per the specific terms relating to the Product. Further details on compensation can be found in our general terms and conditions; xxxxx://xxx.xxxxxxxxx.xxx/terms- and-conditions 13.4 We will have no liability (including for refusing to collect, accept, process or deliver Items) in respect of any Items which do not comply with this Agreement or where you have not complied with your obligations under this Agreement. 13.5 We will not pay you compensation if we collect outside of the Estimated Collection Window. 13.6 We will not be responsible to you in any circumstances for: 13.6.1 loss of profit, loss of business, loss of goodwill or loss of business opportunity; 13.6.2 any type of special or indirect loss; or 13.6.3 any loss as a result of something else happening, as a consequence of the loss, damage or delay to your Item. 13.7 We will make any compensation payments within 30 Days of the date when we agree your claim is valid. 13.8 Notwithstanding any other provision of this Agreement, we accept unlimited liability for personal injury or death caused by something we have done or failed to do (including negligence) or for any losses which are caused by our fraud or fraudulent misrepresentation.
Appears in 3 contracts
Samples: Royal Mail Specific Terms for Parcel Collect (Personal Customers), Royal Mail Specific Terms for Parcel Collect (Personal Customers), Royal Mail Specific Terms for Parcel Collect (Personal Customers)
Our responsibility to you. 13.1 11.1 Our liability to you is only as expressly set out in this clause 13 11 and wherever else expressly stated in this Agreement.
13.2 11.2 You must make a claim for loss or damage in writing, as soon as possible after the incident and in any case within 80 Days of the date we accepted the relevant Item providing satisfactory proof that you posted it and we received it (and we will accept a Collection Notification or email receipt Certificate of Posting which you have received after we have collected your Item from has been correctly stamped at the Collection relevant Drop Off Point as ‘satisfactory proof’ – as well as any other forms of satisfactory proof). We will not accept responsibility for claims made after this time. To claim for the postage part of your purchase, please refer .
11.3 Subject to the product specific terms at xxx.xxxxxxxxx.xxx
13.3 Our clause 11.9 our liability to you will be as per the specific terms relating limited to the Product. Further details on compensation can be found in our general terms and conditionslower of:
11.3.1 the market value of the Item (not including the market value of any message or information it carries) at the time the Item was damaged or lost; xxxxx://xxx.xxxxxxxxx.xxx/terms- and-conditions
13.4 11.3.2 one hundred pounds (£100).
11.4 We will have no liability (including for refusing to collect, accept, process or deliver Items) in respect of any Items which do not comply with this Agreement or where you have not complied with your obligations under this Agreement.
13.5 11.5 Notwithstanding any other provision of this Agreement but subject to clause 11.10, where we have made a Change under clause 3.17, we will not consider claims (including for refunds or compensation and will have no liability to you for such claims), which relate to the Change itself. For the avoidance of doubt this will not affect any claims that you may otherwise have under the Agreement which do not arise directly from the Change, for example for loss or damage to items.
11.6 We will not pay you compensation if we collect outside of the Estimated Collection Windowdeliver Items late.
13.6 We 11.7 Subject to clause 11.10, we will not be responsible to you in any circumstances for:
13.6.1 11.7.1 loss of profit, loss of business, loss of goodwill or loss of business opportunity;
13.6.2 11.7.2 any type of special or indirect loss; or
13.6.3 11.7.3 any loss as a result of something else happening, as a consequence of the loss, damage or delay to your Item.
13.7 11.8 We will make any compensation payments by cheque within 30 Days of the date when we agree your claim is valid.
13.8 11.9 We may be required to carry out security checks of Items. This may involve X-ray screening, decompression and/or in exceptional circumstances, the opening of an Item which fails any of the security checks. We will have no liability to you for any losses or claims resulting from any loss, damage or delay to your Items as a result of carrying out the security checks even if such loss, delay or damage arises from our negligence.
11.10 Notwithstanding any other provision of this Agreement, we accept unlimited liability for personal injury or death caused by something we have done or failed to do (including negligence) or for any losses which are caused by our fraud or fraudulent misrepresentation.
11.11 We will not be liable for any Item if you, the owner of the Item or anyone acting on their behalf have been fraudulent or dishonest in any way in respect of that Item. We will not be liable for any Item where any person misrepresents their authority to receive an Item on the Intended Recipient's behalf or on your behalf even if such loss, delay or damage arises from our negligence.
11.12 Regardless of any other term in this Agreement, but subject to clause 11.3 and 11.10, our total combined aggregate liability to you in any Contract Year under and/or in connection with this Agreement whether in contract, tort (including negligence), misrepresentation, restitution, for breach of statutory duty or otherwise arising under or in connection with this Agreement will under no circumstances exceed the amount of postage you paid for the Item you presented at Handover.
Appears in 3 contracts
Samples: Royal Mail Specific Terms for Non Account Tracked 24 and Tracked 48, Royal Mail Specific Terms for Non Account Tracked 24 and Tracked 48, Royal Mail Specific Terms for Non Account Tracked 24 and Tracked 48
Our responsibility to you. 13.1 14.1 Our liability to you is only as expressly set out in this clause 13 these General Terms and wherever else expressly stated in this Agreementthe Additional Terms.
13.2 You 14.2 Unless stated otherwise in the Additional Terms, you must make a claim for loss or damage in writing, as soon as possible after the incident and in any case within 80 Days of the date we accepted the relevant Item (or 14 Days if you have consequential loss compensation) providing satisfactory proof that you posted it and we received it (and we will accept a Collection Notification or email receipt which you have received after we have collected your Item from the Collection Point as ‘satisfactory proof’ – as well as any other forms of satisfactory proof)it. We will not accept responsibility for claims made after this time. To claim for the postage part of your purchase.
14.3 Subject to clause 14.11, please refer to the product specific terms at xxx.xxxxxxxxx.xxx
13.3 Our our liability to you for the contents of any Item will be based on the actual loss you suffer and will under no circumstances exceed:
14.3.1 in relation to Products listed in Appendix C (Compensation Matrix): the compensation limits relevant to each Product as per set out in that matrix; or
14.3.2 in relation to Products not listed in Appendix C (Compensation Matrix), the specific terms relating amount you paid to the Product. Further details on compensation can be found us in our general terms and conditions; xxxxx://xxx.xxxxxxxxx.xxx/terms- and-conditionsrelation to that Item.
13.4 14.4 We will have no liability (including for refusing to collect, accept, process or deliver Items) in respect of any Items which do not comply with this Agreement or where you have not complied with your obligations under this Agreement.
13.5 14.5 We will not be responsible for any Items you post under this Agreement once we have delivered them to a foreign postal service which delivers post in that country.
14.6 We will not pay you compensation if we collect outside of deliver Items late unless you have sent the Estimated Collection WindowItems by a Product which specifically includes compensation for delay.
13.6 We 14.7 Subject to clause 14.11, we will not be responsible to you in any circumstances for:
13.6.1 14.7.1 loss of profit, loss of business, loss of goodwill or loss of business opportunity;; or
13.6.2 14.7.2 any type of special or indirect loss; or
13.6.3 14.7.3 any loss as a result of something else happening, as a consequence of the loss, damage or delay to your Item.
13.7 14.8 We will make any compensation payments by crediting your account with us or, if your account has been closed, by cheque within 30 Days of the date when we agree your claim is valid.
13.8 14.9 We will only keep detailed records of your Items and of us delivering your Items if the relevant Additional Terms expressly state this service is provided in relation to a particular Product and, in all other circumstances, we will not keep detailed records of you posting, or us delivering, the Item.
14.10 We may be required to carry out security checks of Items. This may involve X-ray screening, decompression and/or in exceptional circumstances, the opening of an Item which fails any of the security checks. We will have no liability to you for any losses or claims resulting from any loss, damage or delay to your Items as a result of carrying out the security checks even if such loss, delay or damage arises from our negligence.
14.11 Notwithstanding any other provision of this Agreement, we accept unlimited liability responsibility for personal injury or death caused by something we have done or failed to do (including negligence) or for any losses which are caused by our fraud or fraudulent misrepresentation.
14.12 We will not be liable for any Item if you, the owner of the Item or anyone acting on their behalf have been fraudulent or dishonest in any way in respect of that Item. We will not be liable for any Item where any person misrepresents their authority to receive an Item on the Intended Recipient's behalf or on your behalf even if such loss, delay or damage arises from our negligence.
14.13 Regardless of any other term in this Agreement, but subject to clause 14.3 and 14.11, our total combined aggregate liability to you in any Contract Year under and/or in connection with this Agreement whether in contract, tort (including negligence), misrepresentation, restitution, for breach of statutory duty or otherwise arising under or in connection with this Agreement will under no circumstances exceed the amount of Charges you have paid and are payable in that Contract Year.
Appears in 1 contract
Samples: General Terms and Conditions
Our responsibility to you. 13.1 11.1 Our liability to you is only as expressly set out in this clause 13 11 and wherever else expressly stated in this Agreement.
13.2 11.2 You must make a claim for loss or damage in writing, as soon as possible after the incident and in any case within 80 Days of the date we accepted the relevant Item providing satisfactory proof that you posted it and we received it (and we will accept a Collection Notification or email receipt Certificate of Posting which you have received after we have collected your Item from has been correctly stamped at the Collection relevant Drop Off Point as ‘satisfactory proof’ – as well as any other forms of satisfactory proof). We will not accept responsibility for claims made after this time. To claim for the postage part of your purchase, please refer .
11.3 Subject to the product specific terms at xxx.xxxxxxxxx.xxx
13.3 Our clause 11.9 our liability to you will be as per the specific terms relating limited to the Product. Further details on compensation can be found in our general terms and conditionslower of:
11.3.1 the market value of the Item (not including the market value of any message or information it carries) at the time the Item was damaged or lost; xxxxx://xxx.xxxxxxxxx.xxx/terms- and-conditions
13.4 11.3.2 one hundred pounds (£100).
11.4 We will have no liability (including for refusing to collect, accept, process or deliver Items) in respect of any Items which do not comply with this Agreement or where you have not complied with your obligations under this Agreement.
13.5 11.5 We will not pay you compensation if we collect outside of the Estimated Collection Windowdeliver Items late.
13.6 We 11.6 Subject to clause 11.9, we will not be responsible to you in any circumstances for:
13.6.1 11.6.1 loss of profit, loss of business, loss of goodwill or loss of business opportunity;
13.6.2 11.6.2 any type of special or indirect loss; or
13.6.3 11.6.3 any loss as a result of something else happening, as a consequence of the loss, damage or delay to your Item.
13.7 11.7 We will make any compensation payments by cheque within 30 Days of the date when we agree your claim is valid.
13.8 11.8 We may be required to carry out security checks of Items. This may involve X-ray screening, decompression and/or in exceptional circumstances, the opening of an Item which fails any of the security checks. We will have no liability to you for any losses or claims resulting from any loss, damage or delay to your Items as a result of carrying out the security checks even if such loss, delay or damage arises from our negligence.
11.9 Notwithstanding any other provision of this Agreement, we accept unlimited liability for personal injury or death caused by something we have done or failed to do (including negligence) or for any losses which are caused by our fraud or fraudulent misrepresentation.
11.10 We will not be liable for any Item if you, the owner of the Item or anyone acting on their behalf have been fraudulent or dishonest in any way in respect of that Item. We will not be liable for any Item where any person misrepresents their authority to receive an Item on the Intended Recipient's behalf or on your behalf even if such loss, delay or damage arises from our negligence.
11.11 Regardless of any other term in this Agreement, but subject to clause 11.3 and 11.9, our total combined aggregate liability to you in any Contract Year under and/or in connection with this Agreement whether in contract, tort (including negligence), misrepresentation, restitution, for breach of statutory duty or otherwise arising under or in connection with this Agreement will under no circumstances exceed the amount of postage you paid for the Item you presented at Handover.
Appears in 1 contract
Samples: Royal Mail Specific Terms for Non Account Tracked 24 and Tracked 48
Our responsibility to you. 13.1 11.1 Our liability to you is only as expressly set out in this clause 13 11 and wherever else expressly stated in this Agreement.
13.2 11.2 You must make a claim for loss or damage in writing, as soon as possible after the incident and in any case within 80 Days of the date we accepted the relevant Item providing satisfactory proof that you posted it and we received it (and we will accept a Collection Notification or email receipt Certificate of Posting which you have received after we have collected your Item from has been correctly stamped at the Collection relevant Drop Off Point as ‘satisfactory proof’ – as well as any other forms of satisfactory proof). We will not accept responsibility for claims made after this time. To claim for the postage part of your purchase, please refer .
11.3 Subject to the product specific terms at xxx.xxxxxxxxx.xxx
13.3 Our clause 11.9 our liability to you will be as per the specific terms relating limited to the Product. Further details on compensation can be found in our general terms lower of:
11.3.1 the market value of the Item (not including the market value of any message or information it carries) at the time the Item was damaged or lost; and
11.3.2 one hundred and conditions; xxxxx://xxx.xxxxxxxxx.xxx/terms- and-conditionsfifty pounds (£150).
13.4 11.4 We will have no liability (including for refusing to collect, accept, process or deliver Items) in respect of any Items which do not comply with this Agreement or where you have not complied with your obligations under this Agreement.
13.5 11.5 Notwithstanding any other provision of this Agreement but subject to clause 11.11, where we have made a Change under clause 3.17, we will not consider claims (including for refunds or compensation and will have no liability to you for such claims), which relate to the Change itself. For the avoidance of doubt this will not affect any claims that you may otherwise have under the Agreement which do not arise directly from the Change, for example for loss or damage to items.
11.6 We will not pay you compensation if we collect outside of the Estimated Collection Windowdeliver Items late.
13.6 We 11.7 Subject to clause 11.11, we will not be responsible to you in any circumstances for:
13.6.1 11.7.1 loss of profit, loss of business, loss of goodwill or loss of business opportunity;
13.6.2 11.7.2 any type of special or indirect loss; or
13.6.3 11.7.3 any loss as a result of something else happening, as a consequence of the loss, damage or delay to your Item.
13.7 11.8 We will make any compensation payments by cheque within 30 Days of the date when we agree your claim is valid.
13.8 11.9 We may be required to carry out security checks of Items. This may involve X-ray screening, decompression and/or in exceptional circumstances, the opening of an Item which fails any of the security checks. We will have no liability to you for any losses or claims resulting from any loss, damage or delay to your Items as a result of carrying out the security checks even if such loss, delay or damage arises from our negligence.
11.10 All of the packaging and contents of damaged Items or Items subject to part loss must be retained and made available to us to enable us to assess any claim for compensation. If not made available to us we reserve the right not to pay compensation.
11.11 Notwithstanding any other provision of this Agreement, we accept unlimited liability for personal injury or death caused by something we have done or failed to do (including negligence) or for any losses which are caused by our fraud or fraudulent misrepresentation.
11.12 We will not be liable for any Item if you, the owner of the Item or anyone acting on their behalf have been fraudulent or dishonest in any way in respect of that Item. We will not be liable for any Item where any person misrepresents their authority to receive an Item on the Intended Recipient's behalf or on your behalf even if such loss, delay or damage arises from our negligence.
11.13 Regardless of any other term in this Agreement, but subject to clause 11.3 and 11.11, our total combined aggregate liability to you in any Contract Year under and/or in connection with this Agreement whether in contract, tort (including negligence), misrepresentation, restitution, for breach of statutory duty or otherwise arising under or in connection with this Agreement will under no circumstances exceed the amount of postage you paid for the Item you presented at Handover.
Appears in 1 contract
Samples: Royal Mail Specific Terms for Non Account Tracked 24 and Tracked 48
Our responsibility to you. 13.1 14.1 Our liability to you is only as expressly set out in this clause 13 these General Terms and wherever else expressly stated in this Agreementthe Additional Terms.
13.2 You 14.2 Unless stated otherwise in the Additional Terms, you must make a claim for loss or damage in writing, as soon as possible after the incident and in any case within 80 Days of the date we accepted the relevant Item (or 14 Days if you have consequential loss compensation) providing satisfactory proof that you posted it and we received it (and we will accept a Collection Notification or email receipt which you have received after we have collected your Item from the Collection Point as ‘satisfactory proof’ – as well as any other forms of satisfactory proof)it. We will not accept responsibility for claims made after this time. To claim for the postage part of your purchase, please refer .
14.3 Subject to the product specific terms at xxx.xxxxxxxxx.xxx
13.3 Our clause 14.11 our liability to you for the contents of any Item will be based on the actual loss you suffer up and will under no circumstances exceed:
14.3.1 in relation to Products listed in Appendix C (Compensation Matrix): the compensation limits relevant to each Product as per set out in that matrix; or
14.3.2 in relation to Products not listed in Appendix C (Compensation Matrix), the specific terms relating amount you paid to the Product. Further details on compensation can be found us in our general terms and conditions; xxxxx://xxx.xxxxxxxxx.xxx/terms- and-conditionsrelation to that Item.
13.4 14.4 We will have no liability (including for refusing to collect, accept, process or deliver Items) in respect of any Items which do not comply with this Agreement or where you have not complied with your obligations under this Agreement.
13.5 14.5 We will not be responsible for any Items you post under this Agreement once we have delivered them to a foreign postal service which delivers post in that country.
14.6 We will not pay you compensation if we collect outside of deliver Items late unless you have sent the Estimated Collection WindowItems by a Product which specifically includes compensation for delay.
13.6 We 14.7 Subject to clause 14.11, we will not be responsible to you in any circumstances for:
13.6.1 14.7.1 loss of profit, loss of business, loss of goodwill or loss of business opportunity;; or
13.6.2 14.7.2 any type of special or indirect loss; or
13.6.3 14.7.3 any loss as a result of something else happening, as a consequence of the loss, damage or delay to your Item.
13.7 14.8 We will make any compensation payments by crediting your account with us or, if your account has been closed, by cheque within 30 Days of the date when we agree your claim is valid.
13.8 14.9 We will only keep detailed records of your Items and of us delivering your Items if the relevant Additional Terms expressly state this service is provided in relation to a particular Product and, in all other circumstances, we will not keep detailed records of you posting, or us delivering, the Item.
14.10 We may be required to carry out security checks of Items. This may involve X-ray screening, decompression and/or in exceptional circumstances, the opening of an Item which fails any of the security checks. We will have no liability to you for any losses or claims resulting from any loss, damage or delay to your Items as a result of carrying out the security checks even if such loss, delay or damage arises from our negligence.
14.11 Notwithstanding any other provision of this Agreement, we accept unlimited liability responsibility for personal injury or death caused by something we have done or failed to do (including negligence) or for any losses which are caused by our fraud or fraudulent misrepresentation.
14.12 We will not be liable for any Item if you, the owner of the Item or anyone acting on their behalf have been fraudulent or dishonest in any way in respect of that Item. We will not be liable for any Item where any person misrepresents their authority to receive an Item on the Intended Recipient's behalf or on your behalf even if such loss, delay or damage arises from our negligence.
14.13 Regardless of any other term in this Agreement, but subject to clause 14.3 and 14.11, our total combined aggregate liability to you in any Contract Year under and/or in connection with this Agreement whether in contract, tort (including negligence), misrepresentation, restitution, for breach of statutory duty or otherwise arising under or in connection with this Agreement will under no circumstances exceed the amount of Charges you have paid and are payable in that Contract Year.
Appears in 1 contract
Samples: General Terms and Conditions
