Standard Terms and Conditions of Delivery These terms and conditions set out the terms on which A & N Media Channel Islands Distribution Limited, a company registered in England and Wales under company number 4223199 with a registered office at Northcliffe House, 2 Derry Street, London, W8 5TT (“Carrier”) will provide the delivery services to you, your company or organisation (“you”). A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Agreement but this clause 6 does not affect a right or remedy of a third party which exists or is available apart from that Act. 7. GOVERNING LAW AND JURISDICTION1.1 The Carrier shall deliver the goods to the address specified on the goods or in the dispatch documentation (“Delivery Services”) in accordance with this Agreement.
1.2 The Carrier may at its discretion attempt to deliver the goods to an alternative address being either:
(i) a neighbouring address; or
(ii) a local Post Office branch; or
(iii) any other delivery service or carrier depot,
and you agree that such delivery shall constitute delivery to the address specified as the delivery address on the goods.
1.3 The Carrier shall not be liable in respect of any goods delivered to the delivery address or other address specified by you, where any person misrepresents his authority to receive the goods on your or the recipient’s behalf.
1.4 After an attempted delivery, if the Carrier is unable to deliver the goods, you or the recipient may request that the goods are returned to the sender, a further attempt to deliver the goods is made, or the goods are otherwise redirected (and in the case of the recipient’s request, you hereby consent to the Carrier performing such action) and subject to payment of such additional charges notified by the Carrier to you or the recipient (as appropriate).
1.5 If any undelivered goods are held by the Carrier and are not claimed within 30 days of notification of our attempted delivery at the delivery address the Carrier shall be entitled to deal with or dispose of the goods as it sees fit.
1.6 The Carrier shall use reasonable endeavours to deliver within the time specified for delivery but any such times and dates shall be estimates only and time shall not be of the essence for performance of the Delivery Services.
1.7 The Carrier shall have the right to make any changes to the Delivery Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Delivery Services.
1.8 The Carrier warrants to the Customer that the Delivery Services will be provided using reasonable care and skill.
2.1 The Customer shall:
2.1.1 co-operate with the Carrier in all matters relating to the Delivery Services;
2.1.2 provide the Carrier with such information and materials as the Carrier may reasonably require in order to supply the Delivery Services, and ensure that such information is complete and accurate in all material respects;
2.2 If the Carrier's performance of any of its obligations under the Agreement is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):
2.2.1 the Carrier shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays the Carrier's performance of any of its obligations;
2.2.2 the Carrier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Carrier's failure or delay to perform any of its obligations as set out in this clause 2; and
2.2.3 the Customer shall reimburse the Carrier on written demand for any costs or losses sustained or incurred by the Carrier arising directly or indirectly from the Customer Default.
3. LIMITATION OF LIABILITY
3.1 Nothing in this Agreement shall limit or exclude the Carrier's liability for:
3.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
3.1.2 fraud or fraudulent misrepresentation; or
3.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
3.2 Subject to clause 3.1:
3.2.1 the Carrier shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under or in connection with the Agreement; and
3.2.2 the Carrier's total liability to the Customer in respect of all other losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the value of the goods.
3.3 Except as set out in this Agreement, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement.
3.4 This clause 3 shall survive termination of the Agreement.
4.1 Any variation of this Agreement shall be in writing and signed by duly authorised representatives of the parties.
4.2 Any waiver of any right under this Agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.
4.3 No failure to exercise or delay in exercising any right or remedy provided under this Agreement or by law constitutes a waiver of such right or remedy, nor shall it prevent or restrict any future exercise or enforcement of such right or remedy.
4.4 No single or partial exercise of any right or remedy under this Agreement shall prevent or restrict the further exercise of that or any other right or remedy.
5.1 This Agreement constitutes the whole agreement and understanding of the parties and supersedes any previous arrangement, understanding or agreement between them relating to the subject matter of this Agreement.
7.1 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction.