Parcel collection and delivery services standard Terms and Conditions
Your attention is drawn to Conditions 9 and 10 which limit the liability of ETrak, its employees and agents in certain circumstances.
Confidential Information includes the terms and pricing of the Contract and the content of all reports which have been produced pursuant to the Contract.
Confidential Information shall not include information which:
The Customer shall be deemed to have notice of and accepts these Conditions if and as soon as such Customer places an order with ETrak for the carriage of goods or other services.
Regulations 2009, Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011, the Classification and Labelling of Explosives Regulations 1983 (as amended), goods classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Authority), ADR (European Road Transport Regulation on dangerous goods, IMDG (International Maritime Dangerous Goods Code) or the UPU (Universal Postal Union Convention) and its regulations and any other goods which are considered as dangerous or hazardous or present a comparable hazard by regulatory bodies governing transport by road, air or sea in any applicable laws, regulations and/or guidelines or which ETrak or its subcontractors are not otherwise entitled to transport due to restrictions placed by airline or other carriers.
Dangerous Goods are also goods which can cause direct physical damage, are capable of causing injury to people or to their health, or are physically dangerous to other goods or that may cause damage to property.
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ETrak shall be relieved of its obligation to perform the Contract to the extent that performance thereof is prevented or delayed by riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not), acts of terrorism, seizure, hijacking, civil war, civil commotion, malicious damage, rebellion, revolution, insurrection of military or usurped power, fire, severe weather conditions, earthquake, flood, lightning, other natural physical disaster, pandemic outbreaks, industrial dispute, labour disturbance, delay by any government or public or local authority, any action of customs, governmental or regulatory authority including the customs of any country where the goods are carried and any other causes beyond the reasonable control of ETrak and for the avoidance of any doubt ETrak's charges shall be payable in full in such circumstances, without prejudice to ETrak's rights at common law to treat the Contract as frustrated.
If any of these Conditions are held to be invalid for any purpose, it shall for that purpose be deemed to have been omitted, but shall not prejudice the effectiveness of the rest of these Conditions. Failure to enforce or exercise at any time or for any period any provision of these Conditions or the Contract does not constitute and shall not be construed as a waiver of such provision and shall not affect the right later to enforce such provision or any other provision contained in these Conditions or the Contract.
The Contract shall in all respects be subject to and construed in accordance with English Law and the parties to the Contract hereby submit to the exclusive jurisdiction of the Courts of England and Wales. Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
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