Sky Couriers International “the carrier” have set out conditions below. No alterations of these conditions are permitted unless authorised in writing from the appropriate personnel.
Definitions
- “Customer” means the person, company or other using services as contract to the carrier or its agents for the carriage of consignments.
- “Carrier” means the company Sky Couriers International or subcontractors working on behalf of Sky Couriers International.
- “Contract” means the contract services between the customer and the carrier.
- “Consignment” means goods packed or unpacked as agreed by customer sent from location to location.
- “Dangerous goods” means goods or substances listed or classified in legislation and any goods similar that can cause in hazard.
Agreement/Contract
All agreements and contracts shall be carried out between the customer and the carrier using these terms and conditions. The customer, its employees or any sub-contractors on behalf of the customer has no consent to alter these terms and conditions.
Subcontractors
The carrier may employ another carrier for the services of a contract or contracts in part or full in order to fulfil a contract, I respect of this any agents, subcontractors or other carriers will carry out under the carrier’s contract/ terms and conditions.
Charges
All charges may vary, depending on the size and weight of the consignment. Distance travelled from address to address may also be taken into account when generating quotes. Sky Couriers International deliver 24 hours a day, 7 days a week, however out of hours charges may apply. Once confirmation has been agreed by carrier and customer, this will be considered as terms and conditions being read and price set. The carriers’ charges may change if the consignment details are not confirmed (i.e change of address, waiting time, change in weight or dimensions). The customer will always be notified of any changes made to their booking, amended charges and confirmation will be set between customer and carrier.
Waiting time
Delaying or detaining carriers’ vehicles shall be liable by the customer and shall cover the costs of what will be considered as excessive or unreasonable delays, preventing the carrier from carrying out the agreed tasks. The customer will be notified of this extra charge unless it is proven the carrier is at fault.
Dangerous, Prohibited or excluded items
The carrier must be notified of any consignment that is listed under the above categories, all consignments must be labelled as such, they must also be packed suitable for transport by road under the regulation in which the dangerous goods fall under. If the carrier is not fully satisfied with the how the consignment is packaged, delivery may be cancelled. The customer will be contacted immediately if this arises. All items, goods or articles prohibited or listed as excluded such as explosives, firearms, illegal documentation etc may be left, abandoned at any stage in transport. The customer may be notified but the carrier shall not be liable for the responsibility of these goods, the relevant authorities may also be notified depending on the severity of the situation.
Loss or Damage
The carrier shall be liable for loss, damage, non-delivery or mis delivery of goods whilst in the carrier’s possession or under its control. In cases as such, this must be proven to be default, wrongdoing or neglect of the carriers or subcontractors working on behalf of the carrier. However, the carrier shall not be liable for:
- Any consignments/goods not packed in accordance with accepted standards.
- Consignments mis labelled in regard to its contents, size and weight
- Insufficient information on addresses for the collection or delivery of consignments
- Final destination recipient failing to accept goods within an adequate timeframe
- Extreme weather conditions causing “acts of God”
- After consignment is considered as delivered but the recipient fails to act in an adequate timely fashion.
- Consignment is left at designated area agreed by customer via email, text message etc but actual hard copy of delivery docket is not signed or accepted in good condition in part or full or thereof.
Liability claims
If the carrier accepts liability after due process, the liability limit of any one consignment shall be limited to the sum of €250.00 or the value of the consignment is lower. Partly or wholly damaged consignments if possible, may be fixed/replaced up to the sum of €250.00 or whichever is the lower cost. The company must provide proof of cost or repair of consignment. The limit of liability may exceed the carriers limited amount, if the contract in extraordinary circumstances is agreed in writing between the customer and the carrier prior to any pick up or delivery made.
Times for Liability of claims
Times for liability of claims for any loss, non or mis delivery of a consignment or part of consignment is 42 days from the actual drop off delivery date. Once a claim has been lodged within this time frame, the time of the end solution of the claim may vary depending on the circumstances of the claim.
Fragile goods
All goods to be accepted as satisfactory for transport must be properly packaged with noticeable “fragile”, “handle with care”, “this way up” labelling. The package, box, container in which the goods are placed in must be suitable in good strength and condition. Although great care is and always should be taken during transport, the carriers’ driver may determine or decide at any given time that the consignment may not be suitable for transport and breakages may occur unless adjustments are made.
Loading and unloading
Unless prior agreement is made in writing between carrier and customer, the carrier will not provide any extra lifting equipment for goods or consignments other than what the vehicle in question is carrying. It would be expected that the customer or parties acting on the customers behalf would be responsible for the loading and unloading of heavy goods, rare items, “awkward” or “special” items as they must be unloaded using proper plant machinery or manpower. Although the carriers’ driver may be asked to provide assistance in the manoeuvre of the unloading/loading, he/she shall not be held liable for the damage or part damage whatsoever.
Signature of accepting consignments
The carrier on occasion may be required to sign upon receiving goods or consignments, however actual amounts within a wrapped, packed consignment may not be determined by the carrier. Weight and size of goods at the time received may also not be determined. These conditions must be specified and agreed in writing by carrier and customer before prior contract is carried out.
Consignment Transit
Transit shall commence when the carrier is handed the consignment. Transit shall end when the consignment is presented at the place of delivery at the consignee’s address. If the consignees given address is closed, access is unavailable, no facilities to unload and all options to safely unload are exhausted the transit shall be deemed to end. If possible at the end of one clear day the consignment will be returned to sender and the customer will be responsible for return charges. In which case, the customer will be notified by phone or in writing. If the consignment is held by the carrier at the customers request an additional charge will incur. If therefore after no further instruction is given for the said consignment after a reasonable period of time the transit will be deemed at an end.
If the goods are not collected by customer for whatever reason then goods may be sold to pay for the costs and outstanding charges that may have occurred, the carrier shall not be responsible for any liability in respect of such goods. The carrier shall only recover its outstanding costs. All other proceeds shall be returned to the customer.
Disputes of claims
Any dispute, difference or question which shall at any time hereafter arise between the customer and the company or their respective representatives, touching any claims or counter claim put forward on the part of the customer against the company in connection with or arising out of the contract or any extension thereof shall be referred to the arbitration of a single arbitrator to be agreed by the parties or in default of agreement to be appointed by the President for the time being of the incorporated Law Society of Ireland.
Data Protection
The customer is in control of any personal data that the carrier processes during any time that services are provided. When the customer is the data processor then the carrier is the sub processor only under written instruction from the customer shall personal data be processed. This will be in accordance with the carrier’s privacy policy statement, the appropriate data protection legislation and including the adequate technical measures against accidental disclosure, loss or destruction of personal data. The customer will be notified immediately of any accidental disclosure, loss or destruction of personal data. In the unlikely event of this, the carrier would agree not to communicate with any third party or any individuals regarding any security incident without the direct consent of the customer. The customer may request the carrier to make available information to demonstrate the carrier is in compliance with this clause. The carrier within reason may accommodate this request once per year once given reasonable notice. Any discrepancies during the “audit” that may arise between the carrier and customer will need a reasonable amount of time agreed to rectify any such non-compliance. If requested in writing, the carrier will make available such information to the customer in response to request for exercising the data subjects’ rights, report personal data breaches and conduct data protection impact assessments with protection authorities. This such request will come at the cost of the customer. In order to carry out services the customer acknowledges that the carrier shall transfer personal data third party subcontractors and provide general authorisation to such transfers. Any third party giving such data will ensure to have the same data protection obligations. On termination of contracts with written instruction from the customer, the carrier shall return all personal data processed or permanently remove from our systems unless legally required to retain such data.
All terms defined in the Irish Data Protection Acts and Regulation 2016/679, may be amended or re enacted from time to time. On special categories of data, the customer must inform or instruct us during delivery in best safeguarding personal data. Under Data Protection legislation you have the following rights in respect of personal data:
- personal data accessed upon request
- right to object, restriction of processing
- right to data portability or erasure of personal data.