1. In these conditions 'The Company' shall mean Gillards Worldwide Warehousing and Distribution Ltd. in its own name or under any business Name and unless the context otherwise requires its successors, assigns, servants and agents; and “sub-contractors” shall mean any person, firm or company with whom the Company may arrange the carriage, handling or storage of any goods subject to this contract. The Company reserves the right to refuse the carriage or storage of goods at its discretion. All goods are carried and all storage and other services are performed by the Company subject only to these conditions. The Company does not accept responsibility for or make any admission in relation to the accuracy of any of the matters contained in any Receipt given for the goods and in particular the accuracy of any weight, measurement, quality, quantity, gauge, strength or value endorsed on the Receipt.
2. The Company may arrange with a subcontractor or others for the carriage or storage of any goods subject to this contract
3. (a)The customer (which expression shall mean the person or persons to whose order or in whose name or names the goods are from time to time being held) warrants that the goods comply with the requirements of any applicable law relating to the nature, condition and packaging of the goods and the expenses and charges of the Company in complying with the provision of any such law or with any order or requirement there under or, with the requirements of any Harbour, Dock, Railway, Shipping Customs, Warehouse of other Authority or person, firm or organization shall be paid by the customer.
(b) If any of the goods are subject to the control of the Customs then the customer hereby agrees to hold the Company harmless and indemnified in respect of all Customs Duty, Excise Duty and costs which the Company may become liable to pay and shall pay in respect of such goods pursuant to any law relating to Customs or Excise.
4. The goods are stored entirely at the risk of the customer and the Company will not be liable to any person or persons for any loss or damage to the goods or part thereof or for any death or injury caused to any person arising out of the storage of the goods and whether caused wholly or partly directly or indirectly by such storage and whether such loss, damage, death or injury arises from the negligence of the Company or otherwise and this indemnity extends to any consequential loss arising there from. Nothing herein contained shall constitute the Company as insurers of the goods herein referred to.
5. The customer hereby authorises the Company to:
(a) Handle carry or store the goods or cause the same to be handled carried or stored by any method. And
(b) Carry or cause to be carried the goods by any route in the absolute discretion of the Company and the Company shall be entitled to ignore any instructions in relation thereto.
(c) Deliver the goods at the address nominated to the Company by the sender for that purpose and without prejudice to the foregoing it is expressly agreed that the Company shall be conclusively presumed to have delivered the goods in accordance with this contract if it obtains from the receiver a signed receipt.
6. If the nominated place of delivery should be unattended or if delivery cannot otherwise be effected by the company, the Company may at the Company's option deposit the goods at that place (which shall be conclusively presumed to be due delivery hereunder) or store the goods and if the goods are stored by the Company the customer shall pay or indemnify the Company for all costs and expenses incurred in or about such storage, in the event that the goods are stored by the Company the Company shall be at liberty to re-deliver them to the customer from the place of storage at the customers cost at the then applicable rates of carriage and storage.
7. The customer hereby indemnifies and keeps indemnified the Company from all claims and liabilities of whatsoever nature in connection with any loss, damage, death or injury as aforesaid.
8. The goods are accepted subject to general lien for all charges now due or to which hereafter becomes due to the Company from the customer on any account whether in respect of the goods comprised herein or in respect of any other goods for which the Company provides transport or any other service. This right is additional to any right or rights conferred upon the Company by statute.
9. Upon notice in writing being given by or on behalf of the Company to the customer requiring the customer to remove such goods or any part of them the customer must within one month from the date of the giving of such notice pay any charges to which the general lien of the Company extends and remove and take away such goods or part thereof. Such notice must be given by sending the same through the post to or by leaving it at the clients last known place of business. If upon the expiration of one month from the giving of such notice the customer has failed to pay such charges as aforesaid and to remove the goods or part thereof the Company may remove such goods or part thereof and store them in such place and in such manner as it thinks proper at the risk and expense of the customer.
10. The customer hereby warrants that he has full power and authority to deal with the goods and hereby indemnifies and shall keep indemnified the Company against any claim of whatever nature by any person or persons in respect of the goods.
11. All monies due to the Company shall be paid within 30 days of invoice. Thereafter any outstanding balance shall attract interest at 4% above the National Westminster Bank PLC base lending rate as published from time to time, or as such rate shall cease to be published such nearest equivalent rate at the relevant time.
12. If the rent or charges in respect of the goods or part thereof shall be in arrears and unpaid for three months the Company may give seven (7) days notice in writing to the customer requiring the customer to pay the rent or charges in arrears and unpaid. Such notice may be given in the same manner as provided for in Clause 5 hereof. If upon the expiration of seven (7) days from the giving of such notice the customer has failed to pay such rent or charges the Company may open any package or container in which the goods are contained and may sell such goods or any part thereof and the Company shall not be liable to any person for any loss or damage thereby caused.
13. The Company will endeavour to arrange for insurance of goods as the sender's agent if the sender requests the Company to do so in writing (in a form prescribed by the Company) and notifies the value of the goods for the purposes of such insurance. The said insurance shall be at the sender's expense both as to premium and as to the Company's administration charges and in accordance with the insurer’s terms of business. The conditions of insurance are obtainable from the offices of the Company and include conditions in relation to exemptions and claims and expenses.
14. These conditions shall be governed by English law and the courts of England alone shall have jurisdiction in any dispute between the Company and the customer.