Updated on: 13th April 2024
1. In these conditions NINO LOGISTICS LTD. trading as Moov Parcel shall include all associated and subsidiary companies and its employees, appointed agents & sub-contractors in the country of residence of the Customer.
1.1 Moov Parcel provides a range of Logistical Services. These Services include Booking, Collection, Injection, Distribution, Mailing and Freight services. This may also extend to other Services not listed in this document. These Terms and Conditions shall apply to the provision of Services by Moov Parcel to its Customers.
1.2 Moov Parcel is in the business of providing delivery and logistics solutions to its Customers.
1.3 The Customer agrees to obtain and Moov Parcel agrees to provide the Services on the terms set out in the Agreement.
2. Moov Parcel undertakes any business subject to the conditions hereinafter set out, each of which shall be deemed to be incorporated in and to be a condition of any agreement whether written or implied between Moov Parcel and the Customer. In the absence of a written agreement to the contrary these conditions shall constitute the entire agreement between Moov Parcel and each of its Customers. No agent, employee or representative of Moov Parcel has authority to alter, modify or waive any provision of these conditions.
3. If you object to any of these Terms You should not use any of the products or services on the Website and should leave the Website immediately.
3.1 By agreeing to these Terms, You agree to take full responsibility for any claims, expenses, liability, losses, costs including legal fees incurred by us arising from Your breach of these Terms.
The following definitions and rules of interpretation apply in this Agreement:
Agent: a person who acts on another’s behalf.
Agreement: these Terms and Conditions.
Applicable Laws: all applicable laws, statutes, regulations and codes from time to time in force.
Business day: any day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Business Hours: the period between 0830-1700 hours on any Business Day.
Charges: the sums payable for the Services.
Commencement Date: the date of signature of this Agreement.
Consignment: a shipment of Goods identified in a Recipient’s order.
Consignment Data: all information required by Moov Parcel in respect of each Consignment. Controller, processor, data subject, personal data, personal data breach, processing and appropriate technical measures: as defined in the Data Protection Legislation.
Collection: The Collection of Goods is defined in clause 10.
Correctly Packaged: Any Parcel that is packaged in accordance with the specifications of ourselves and the specific carriers being used. See Parcel Compliance.
Customer: The party procuring the Services of Moov Parcel, identified in the Agreement.
Customer Dashboard: the platform made available by Moov Parcel through which the Customer can book and track orders and deliveries.
Customer’s System: the Customer's computing environment, consisting of hardware, software and telecommunications networks, that is to be used by the Customer in connection with the use of the Services and which interfaces with software provided by Moov Parcel in order for the Customer to receive the Services.
Goods: items to be collected and delivered by Moov Parcel, where the Goods comprise more than one piece the expression shall, where the context so admits, refer to the whole or any part of the Goods. The Goods, whether or not contained in separate parcels, including containers and packaging or any paper documents are to be delivered by Moov Parcel for the Customer to the Recipient.
Intellectual Property Rights: patents, utility models, rights to inventions, copyrights and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress or goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use and protect the confidentiality of confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted. Renewals or extensions of and rights to claim priority from such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Item: refers to any Item which is not a Prohibited Item and ‘Items’ shall be construed accordingly.
Label: refers to a label that You have printed off from the Website, which includes details of the Recipient plus a barcode to identify the Parcel.
Neighbour: A person who lives in property within walking distance of the Delivery Address.
Parcel: refers to any Item/s that are Correctly Packaged with a Label attached and which are, may be, or are intended to be, received by Us from You, or on Your behalf, for Us to carry and deliver to any Recipient at the Delivery Point.
Parcel Compliance: the size, weight and content limitations as detailed for each specific carrier, subject to their individual Terms and Conditions.
Pickup Location: the address from which the parties agree that Moov Parcel will collect a Consignment from the Customer.
Prohibited Item(s): means any Item which cannot be carried on any Service, these vary and are specific to each carrier used.
Recipient: means the person to whom the label on the Parcel is addressed.
Services: the services to be performed in accordance with this Agreement including:
(a) delivery services whereby Moov Parcel Collect, Transport and deliver Consignments as instructed by the Customer;
(b) the making available by Moov Parcel to the Customer of the Customer Dashboard.
Terms: the terms of this Delivery and Logistics Services Agreement.
Transport: shall have the meaning set out in clause 9.
UK Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended in 2018 and 2019.
Us, We or Our: means Moov Parcel, together with its directors, employees, any agents, subcontractors or couriers acting on its behalf.
VAT: value added tax chargeable in the UK.
You: means the Customer, who is contracted with Us.
4.2 Clause headings shall not affect the interpretation of this Agreement. References to clauses are to the clauses of this Agreement.
4.3 A person includes a natural person, corporate or unincorporated body (regardless of having separate legal personality). A reference to a company shall include any company, corporation or other corporate body, wherever and however incorporated or established.
4.4 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
4.5 This Agreement shall be binding on and ensure to the benefit of, the parties to this Agreement and their respective personal representatives, successors and permitted assigns and references to any party shall include that party's personal representatives, successors and permitted assigns.
4.6 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time. A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
4.7 A reference to writing or written includes email. Any obligation on a party not to do something includes an obligation not to allow that action to be done. A reference to this Agreement or to any other agreement or document referred to in this Agreement is a reference of this Agreement or such other agreement or document as varied or novated (in each case, other than in breach of the provisions of this Agreement) from time to time. Any words following the terms: including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
4.8 In any and all business undertaken, this Agreement prevails over any inconsistent terms or conditions contained or referred to by the Customer under their terms and conditions, in the Customer’s acceptance of quotation or specification, or implied by law, trade, custom, practice or course of dealing.
5.1 This agreement sets forth the main obligations and rights of each of the parties in connection with the collaboration they intend to carry out in order to implement a delivery service through which Moov Parcel will collect, transport and deliver Consignments as instructed by the Customer directly. (hereinafter, the "Service").
5.2 To this end, the parties have decided to develop the Service in order to offer it as a complementary option in the delivery of products purchased by consumers of the Customer’s customers (the Recipients).
5.3 This framework agreement governs the overall relationship of the parties in relation to the Services provided by Moov Parcel to the Customer.
5.4 Moov Parcel shall use reasonable endeavours to supply the Services and observe all health and safety and security requirements that apply at any of the Customer's premises and that have been communicated to Us, provided that it shall not be liable under this Agreement if, as a result of such observation, it is in breach of any of its obligations under this Agreement.
6.1 In consideration for the Customer paying to Moov Parcel the Charges, Moov Parcel shall provide the Services to the Customer in accordance with this Agreement.
6.2 The Customer will cooperate with Moov Parcel, including but not limited to our carrier partners, agents and subcontractors, in all matters relating to the Services.
6.3 The Customer shall provide to Moov Parcel all relevant necessary information for provision of the Services.
6.4 The Customer warrants to Moov Parcel that the description of Goods as shown on commercial invoices, or other paperwork, conforms accurately to the contents of the Goods. The Customer shall indemnify Moov Parcel for all claims, damages and expenses arising as a result of any incorrect description and that Moov Parcel shall thereupon have the right to deal with such items as it sees fit, including the right to abandon carriage of the same immediately upon Moov Parcel being aware that such items infringes these conditions.
6.5 The Customer warrants to Moov Parcel that all documentation, commercial invoices and customs declarations are truthful and accurate, with the correct value of goods and that all relevant information is provided. Upon failure to do so the Customer shall indemnify Moov Parcel for all claims, damages and expenses arising.
6.5 The Customer warrants that it is authorised to accept these conditions not only on behalf of itself, but also as agent for or on behalf of all other persons who are or may thereafter become interested in the Goods. The Customer hereby undertakes to indemnify Moov Parcel against damages, costs and expenses resulting from any breach of this warranty.
6.6 The Customer accepts full responsibility that all Goods and deliveries abide by the policies and procedures of the carriers used. This includes but is not limited to Parcel Compliance, documentation, Excluded Goods and carrier specific geographical scope of service. The Customer accepts that they are liable in the case of carrier issues and errors that arise from this. Any Carrier related advice provided by Moov Parcel should only be treated as provisional, as carrier policies and procedures are subject to change.
6.6 The Customer must ensure that all shipments tended to Moov Parcel for carriage are prepared and packed sufficiently to ensure safe transportation with ordinary care in handling. Moov Parcel shall not be liable for any loss or damage as a result of inadequate packing by the Customer. Any article susceptible to damage as a result of any conditions that may be encountered in air transportation, collection or delivery must be adequately protected by the Customer by proper packaging.
6.7 The Customer must mark and Label each shipment legibly and durably with the full name and address, including the full postal code of the Recipient. No responsibility is accepted by Moov Parcel for inadequate Recipient information which may result in delayed delivery. All liability for losses, damages and expenses arising as a result of failure to comply with obligations hereunder or as a result of its negligence is a liability of the Customer and is accepted by the Customer. Moov Parcel will use all reasonable care to effect Customs clearance. However, Moov Parcel will not be liable for any penalties imposed or losses incurred due to the Customer’s Goods being impounded by Customs or similar authorities and against any such penalty or loss the Customer indemnifies.
6.8 In the event that any Customer should consign Excluded Goods without the knowledge of Moov Parcel the Customer shall indemnify Moov Parcel for all claims, damages and expenses arising in connection therewith and Moov Parcel shall have the right to deal with such items as it shall see fit which shall include the right to abandon carriage of such items immediately upon Moov Parcel having knowledge that such items infringes these conditions.
6.9. In the event that any consent, licences, signatures, or other permissions are needed from any third parties acting on the Customer’s behalf, it shall be the Customer’s responsibility to obtain these in advance of the provision of the Services (or the relevant part thereof).
7.1 The restrictions on liability in this clause 7 apply to every liability arising under or in connection with this Agreement including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
7.2 Nothing in this Agreement limits any liability which cannot legally be limited, including liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; and (c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
7.3 Moov Parcel does not accept any liability under the following types of loss, including through use of third parties and carriers: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (v) loss of use or corruption of software, data or information; (vi) loss of or damage to goodwill; and (vii) indirect or consequential loss.
7.4 The terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this Agreement.
8.1 The Customer must properly and sufficiently pack and label all Goods for the intended Consignment, in particular:
a) The Customer must pack the Goods so that the Consignment or the contents of the Consignment or any other Goods being Transported by Moov Parcel will be durable, and will not be lost or damaged whilst being Transported, and will not cause injury or damage to any person, any property, or other goods.
b) The Customer must ensure that the labelling has the full address and postcodes of both the person or company sending the package and the Delivery Address.
c) If the Customer wishes to combine a number of discrete packages the Customer must do this within an outer box or packaging fully encompassing each discrete package. If the Customer fails to do this and any individual discrete package(s) come apart in Transportation resulting in one or more of them being lost, then once the remaining package(s) are signed for by the Customer, the Customer accepts that they cannot make a claim for loss or partial loss of that Consignment.
8.2 The Customer must ensure that the Goods in any Consignment are not subject to any licences, permits, certificates, restrictions, or anti-dumping or countervailing laws or regulations.
8.3 Moov Parcel will not carry living creatures without prior agreement thereof. The right to refuse to carry Goods remains at the sole discretion of Moov Parcel.
8.4 Moov Parcel is not a common carrier and will only carry Goods subject to the Agreement. The right to refuse or abandon carriage or transportation of any Goods from any person, firm or company and the carriage or transportation of any class of Goods is reserved at the discretion of Moov Parcel.
9.1 Moov Parcel will load and unload the Consignment, but Moov Parcel will not deliver the Consignment any further than the front door of the Delivery Address.
9.2 Moov Parcel will not be required to provide any service(s) other than the Services unless Moov Parcel has agreed to provide the additional service(s) in writing before the collection or delivery is made.
9.3 Moov Parcel cannot be required to provide any equipment or labour, other than the driver collecting or delivering the Consignment, which may be required for loading or unloading a Consignment.
9.4 Any Consignment, or part of a Consignment, requiring any additional equipment or labour for loading or unloading shall be accepted by Moov Parcel for Transportation only on the understanding and condition that such additional equipment or labour shall be made available by the Customer or the Customer at the address for collection, or the Delivery Address as required. Where such equipment is not available and if Moov Parcel agrees to load or unload the Consignment (or part of the Consignment) Moov Parcel shall be under no liability or obligation of any kind to the Customer for any damage caused (however it may be caused) during the loading or unloading of the Consignment. This includes any damage caused whether or not by Moov Parcel’s negligence and the Customer shall agree to indemnify and hold Moov Parcel harmless against any claim or demand from any person arising out of Moov Parcel’s agreeing to load or unload the Consignment in these circumstances.
9.5 To be clear, any instructions the Customer gives to Moov Parcel’s drivers are not legally binding on Moov Parcel and Moov Parcel has the right to reject the Customer’s instructions.
9.6 Moov Parcel reserves the right to inspect the Goods consigned by its Customers by X-ray, hand searching or otherwise to ensure that all such items are capable of carriage to the country of destination within the standard operating procedures, customs declarations and handling methods of Moov Parcel. Moov Parcel does not warrant that any particular item to be carried is capable of carriage without infringing the law of any country or state from, to or through which the item may be carried.
10.1 Moov Parcel will, if asked to do so, sign a document prepared by the Customer to acknowledge that Moov Parcel has received the Consignment or Goods. However, this document will not be evidence of the condition or correctness of the description, quantity, or weight of the Consignment or Goods at the time Moov Parcel receives them.
10.2 The Collection of Goods and use of Labels act as the confirmation of booking upon the physical transfer of goods to the Collection Agent.
11.1 This clause sets out when "Transport" of a Consignment, and as such Moov Parcel’s responsibility for said Consignment, begins and ends.
11.2 Transport will begin when the Consignment is Labelled and accepted by way of physically taking possession of the Consignment.
11.3 Unless Moov Parcel informs the Customer otherwise, Transport will end either:
(a) when Moov Parcel offers the Consignment for delivery at the Delivery Address; or
(b) when, on the Customer's or the Recipient’s instructions, the Consignment is left in a safe place; or
(c) when the Consignment is delivered to a Neighbour of the Recipient’s address or a concierge at the Recipient’s building.
11.4 Where for any reason Moov Parcel cannot Transport the Consignment to the Delivery Address or Moov Parcel cannot complete delivery at the Delivery Address, the following will apply:
(a) Moov Parcel may deliver the Goods to a Neighbour of the Customer’s address or a concierge at the Recipient’s building, or otherwise in accordance with any amended or updated instructions Moov Parcel may have received from the Recipient;
(b) if Moov Parcel is unable to complete delivery at the Delivery Address within the Recipient’s chosen time slot upon its first attempt in accordance with clause 11.4(a), Moov Parcel shall inform the the Recipient and reattempt the delivery the next day between Monday to Saturday, or otherwise in accordance with any amended or updated instructions Moov Parcel may have received from the Recipient; and
(c) if Moov Parcel is unable to complete delivery at the Delivery Address upon its second attempt in accordance with clause 11.4(b), it will return the Consignment to the Pickup Location.
11.5 Where Moov Parcel holds Goods in its own storage facility following a failed delivery, the Goods are held entirely at the Customer’s risk.
11.6 Where Moov Parcel is unable to complete delivery at the Delivery Address upon its second attempt in accordance with clause 11.4(b), other than as a result of Moov Parcel’s negligence or wilful misconduct, Moov Parcel will be entitled to charge the Customer in respect of that particular Consignment.
11.7 Moov Parcel may require the recipient of a Consignment to sign an electronic signature capture device as proof of delivery of the Consignment. The recipient's signature and/or Scan Record shall be conclusive evidence of delivery of the Consignment (including the quantity of items) comprised in the Consignment.
11.8 We shall endeavour to meet the timeframes stipulated in communications, but any such time frames shall only be estimates. Timeframes are carrier and service specific, and as such, Moov Parcel will not be liable for the performance of carriers.
12.1 If the Customer does not own some or all of the Goods making up the Consignment, Moov Parcel will treat the Customer as the Agent of the owner(s), and as though the Customer is acting as the fully authorised Agent of any other person that has an interest in the Goods.
12.2 Moov Parcel may subcontract any part of this Agreement. Any third party will also have the right to delegate their rights and obligations.
12.3 Moov Parcel reserves the right to carry the Customer’s Goods by any route and procedure and by successive carriers according to its own methods of handling, storage and transportation.
12.4 You agree that We may use another carrier in order to support Our provision of the Services to You (this will be at Our own expense) and You agree that both We and such other carrier shall be entitled to the protection of all of the terms of this Agreement which exclude or limit liability for any losses or damage.
12.5 We endeavour that third party providers are fully licensed, insured and compliant with the relevant authorities being subject to stringent internal and external reviews. However, we do not accept liability for lack thereof, of our Agents.
13.1 We will carry out the Services for You whilst this Agreement is in force, in return for the payment by You to Moov Parcel of the Charges set out and in accordance with these Terms.
13.2 Moov Parcel shall be under no liability in respect of the Goods carried by it and shall not be liable for any consequential loss which shall be deemed to include without restriction, commercial, financial or other direct loss of interest in utility. Moov Parcel will endeavour to deliver Goods in accordance with any agreed schedule but will not be liable for delay or non-performance of any carriage.
13.3 Moov Parcel have the right to make any changes to the Service(s) which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the Service(s) and We shall notify You of any such changes.
13.4 We warrant that We will provide the Service(s) using reasonable care and skill. However, Moov Parcel will not be responsible for any physical loss of, or physical damage to, Goods while Moov Parcel is Transporting them. This includes, but is not limited to, if the loss or damage has arisen from or consists of the following:
(a) the Customer, Recipient or the person receiving the Consignment not taking or accepting delivery within a reasonable time;
(b) insufficient or inadequate packing, labelling or addressing which does not comply with Clauses 6 and 8 or an incorrect Delivery Address is provided;
(c) the Customer failing to notify Moov Parcel of any special handling requirements for the Goods;
(d) the loss, damage or breakage of Goods or any part of them which Moov Parcel does not accept for Transportation as set out in clause 11;
(e) any act or omission of the Customer or the owner of the Goods, or the Agents of either the Customer or the owner of the Goods;
(f) the natural loss of bulk or weight, any hidden or latent defect or weakness, natural wear and tear, loss of value, or deterioration of perishable goods;
(g) a seizure under any legal process;
(h) a delay in providing Moov Parcel with safe and adequate access to the Goods or Delivery Address and/or delivery instructions;
(i) any event or circumstance beyond Moov Parcel’s reasonable control as set out in clause 16;
(j) any defect of any equipment supplied by the Customer, the recipient or the person otherwise receiving the Consignment or any negligence of the Customer’s Agents.
13.4 Moov Parcel will not be responsible in any way for a Consignment or other goods:
(a) if the Customer has committed fraud or the owner of the Goods or the Customer’s or their employees or Agents have done so; or
(b) the Consignment was not in Transport at the time of the loss and/or where the Consignment has no record showing that the Goods were provided to Moov Parcel.
14.1 Unless otherwise agreed in writing, all shipments dispatched by Moov Parcel on the behalf of the Customer travel under the relevant carrier partner’s standard terms and conditions, with no additional insurance. For incidents where loss or damage in transit occurs, it is the Customer’s responsibility to liaise with the Moov Parcel to resolve the loss, as per the individual carriers’ terms and conditions. The Customer must accept the decision of the carrier as final. Moov Parcel accepts no responsibility for loss or damage incurred because of service failure from our carrier partners. The Customer signs this Agreement with the understanding that all shipments travel at their own risk.
14.2 Special insurance can be arranged on request at the discretion of Moov Parcel, for items of intrinsic value, subject to the Customer declaring the true value of the Consignment at the time of processing and paying the premium for the special insurance before the commencement of transit. If a claim is made the Customer shall be entitled to require independent proof of the value of the Consignment. The value of the insurance in respect to the relevant Consignment shall be whichever is the lesser of the actual value of the Consignment and the value of the Consignment as declared by the Customer.
14.3 All insurance arranged by Moov Parcel on behalf of a Customer is subject to the insurer’s own terms and conditions.
14.4 Where Moov Parcel arranges for insurance to be provided on the request of the Customer, the Customer has a right to complain about such insurance to the Financial Conduct Authority. The Financial Conduct Authority can be contacted through the following channels:
14.5 It is hereby acknowledged by the Customer that they have been given an opportunity to make a declaration of the value for insurance purposes of the delivery of Goods prior to shipment and that the sum declared on the relevant documentation or electronic version thereof constitutes such declaration. No claim may be made against Moov Parcel for damage or loss of Goods in excess of this declaration, subject to clause 14.6 and 14.7 below. Any claim must be notified by the Customer to Moov Parcel within 7 days of the date when the Goods were accepted by Moov Parcel for carriage, or within 3 working days of delivery: whichever is the greater. Claims made outside this time frame will have no validity. In cases of damage claims, the signatory must have clearly signed for the Goods as “Damaged” or words to that effect. “Unchecked” or similar wording is not considered to imply damage and does not validate any claim.
14.6 On the written request of the Customer, and upon receipt of payment of the prescribed premium, Moov Parcel undertakes to effect insurance on behalf of the Customer to insure Goods against loss or damage. The liability under this insurance is limited to a sum not exceeding £10,000 per consignment. Moov Parcel acts as the Customers agent in effecting said insurance and will use reasonable endeavours to assist in pursuing claims under policies affected hereunder.
14.7 In cases where the Customer does not purchase insurance as aforesaid and goods are lost or damaged in transit, Moov Parcel shall follow the claims procedure of the carrier or related parties involved.
All claims are settled net of VAT and on the provisions that the lost or damaged goods are not excluded from insurance cover (see Definitions clause 4) and the loss or damage is proven to have occurred in transit. For clarity, Moov Parcel reserve the right to reject any claims that are fraudulent or in cases where the address information and/or packaging of goods provided by the Customer are deemed to be inadequate by Moov Parcel.
14.8 Third party claims against Moov Parcel:
a) If the Customer is not the owner of the Goods, the Customer warrants that the Customer is the Agent for the Goods.
b) If any third-party makes a claim against Moov Parcel for loss of or damage to any Goods beyond Moov Parcel’s liability to the Customer then the Customer agrees that the Customer shall indemnify Moov Parcel against any such losses or liabilities that Moov Parcel suffers as a result of that claim (including all legal costs and other expenses) and the Customer agrees that Moov Parcel shall have no liability to the Customer or Recipient in these circumstances, regardless.
15.1 All payments are to be made in pounds sterling and are due within the agreed credit terms as set out in any sales agreement, quote, email, letter or other correspondence issued by Moov Parcel. Credit terms may be limited by amount, days outstanding or both of the aforementioned. All payments must include any applicable duties and/or taxes that remain outstanding.
15.2 In consideration of the provision of the Services by Moov Parcel, the Customer shall pay the Charges.
15.3 The Charges are not refundable if the Recipient does not accept the Goods or Consignment.
15.4 Moov Parcel reserves the right to increase the Charges with 14 days written notice to the Client.
15.5 Moov Parcel shall invoice the Customer for the Charges at the end of each week for Services performed during that week.
15.6 The Customer shall pay each invoice submitted to them by Moov Parcel within 7 days of receipt to a bank account nominated in writing by Moov Parcel from time to time.
15.7 Moov Parcel reserve the right to hold the Client liable for any and all additional charges accrued in the process of shipping goods for the Client. Moov Parcel reserve the right to issue charges accrued for up to 90 days from the date of shipment. This includes, but is not limited to, accessorial charges, out of gauge charges, manual handling charges, duty and taxes and any other relevant charges.
15.8 Without prejudice to any other right or remedy that it may have, if the Customer fails to pay Moov Parcel any sum due under this Agreement on the due date:
(a) the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgement. Under this clause 15.7(a) late payment of invoice will incur a fixed charge of £40 plus interest set at 8% a year above the Bank of England's base rate, or at a rate of 8% a year for any period when that base rate is below 0%;
(b) Moov Parcel may suspend all or part of the Services until payment has been made in full.
15.9 Moov Parcel shall have lien of the Goods for all freight charges, custom duties, advances or charges of any kind arising out of this contract of carriage and may refuse to surrender possession of the Goods until such charges are paid. If the lien is not satisfied within a reasonable time Moov Parcel reserve the right to sell the Goods privately or by auction and apply the proceeds in or towards the discharge of the lien and the expenses incurred of the sale.
15.10 The rates quoted by Moov Parcel, for carriage, are exclusive of value added tax and Customs duties where applicable. They are, where indicated in any quotes or correspondence, inclusive of local airport tax, and such taxes constitute the total liability of Moov Parcel in connection with taxation duties. Any Fuel Surcharge amount applicable to delivery rates or quotations will be clearly stated by Moov Parcel in any correspondence and forms part of the overall amount due in payment of transportation charges by the Customer. Quotations are given on the basis of immediate acceptance subject to right or withdrawal or revision with or without notice.
15.11 The rates quoted by Moov Parcel, for carriage, are based on the specific information provided to us by the Customer. In cases where the Customer fails to provide accurate information, or fails to match the information provided, Moov Parcel reserves the right to charge the customer for any additional costs arising from such inaccuracies or mismatches.
15.12 Moov Parcel reserves the right to charge the customer for any additional costs arising when Customers fall below their agreed minimum order volume. Moov Parcel offers a 10% tolerance level for under-volume. In cases where Customers are past the 10% tolerance level, under-volume will be charged, in its entirety, at a rate of £0.30 per parcel. Under-volume charges will be calculated on a rolling 4-week period and will then be charged weekly at 25% of the 4 week discrepancy between minimum volume and actual volume. The Customer will be notified of any under-volume charges on their weekly invoice.
15.13 All sums payable to Moov Parcel shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
15.14 Moov Parcel reserves the right to charge for goods according to their volumetric weight and/or impose a minimum charge per parcel based on the traffic profile of the Customer. Methods for charging volumetric weights may vary from time to time and are subject to change without notice.
16.1 Moov Parcel shall have no liability for any failure to perform their obligations hereunder and insofar, as that failure arises directly or indirectly from including but not limited to: labour disputes or strikes, whether actual or threatened, refusal or withdrawal of any necessary authorisations or permits required in connection with the carriage of Goods pursuant hereto ; the outbreak of war, hostilities, insurrection, civil commotion, riots or rebellion, grounding of aircraft, vehicle breakdown or road traffic accident, Acts of God, unusual or severe weather or other circumstances outside of Moov Parcel’s reasonable control.
16.2 Provided it has complied with clause 16.3, if a party is prevented, hindered or delayed in or from performing any of its obligations under this Agreement by a Force Majeure Event (Affected Party), the Affected Party shall not be in breach of this Agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.
16.3 The Affected Party shall:
16.4 If the Force Majeure Event prevents, hinders or delays the Affected Party's performance of its obligations for a continuous period of more than 4 weeks, the party not affected by the Force Majeure Event may terminate this Agreement by giving 2 weeks' written notice to the Affected Party.
17.1 No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
18.1 If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement.
18.2 If any provision or part-provision of this Agreement is deemed deleted under 18.1 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
19.1 These Terms and Conditions can vary from time to time, and to alleviate the need for Moov Parcel to provide written updates, Moov Parcel will do this by altering the Terms and Conditions on the Website and any alteration will be of immediate effect. Please visit www.moovparcel.co.uk and refer to the Terms & Conditions page therein.
19.2 It is the sole responsibility of the Customer to keep themselves informed and up to date with changes in the Terms.
19.3 If there is an inconsistency between any of the provisions of this Agreement and previous versions, the provisions of this Agreement shall prevail.
20.1 Moov Parcel shall retain title over all commercial data that is entered onto Consignment Notes or electronically recorded onto databases that Moov Parcel provides for the purpose of providing transport services. This shall include, but is not limited to, the Moov Parcel booking platform. Data shall include company names, addresses and specific details of consignments despatched to or from commercial organisations. Moov Parcel reserves the right to use this data for any purpose it sees fit including, but not exclusive to, collection of freight charges, custom duties, advances or charges of any kind arising out of this contract of carriage. Moov Parcel recognises and complies with personal data legislation including the General Data Protection Regulations (2018) and the Data Protection Act (2018). Moov Parcel’s compliance with personal data legislation is covered by a separate Privacy Policy that is maintained and updated on Moov Parcel’s publicly accessible website. In accordance with clause 20.1 of these terms the Customer agrees to give consent for Moov Parcel to use their data for credit checking and fraud prevention purposes even if the aforesaid data is comprised of personal data such as, but not limited to, trading details for partnerships and sole traders.
20.2 Data Protection Consent: Moov Parcel are committed to protecting your privacy. However, in order for Moov Parcel to manage your account and carry out its business effectively Moov Parcel require consent to use your personal information as follows; To help Moov Parcel to make credit decisions about you, to prevent fraud and to check your identity, Moov Parcel may search the files of credit reference agencies who will record any credit searches on your file. Moov Parcel may also disclose details of how you conduct your account to such agencies, who may be empowered to register these details and make them available to their associates and members. This information may then be used by other credit grantors for making credit decisions about you, for fraud prevention and occasionally for tracing debtors. If you would like details of these credit reference agencies please contact Moov Parcel as you have a legal right to these details. Moov Parcel may pass your personal information outside the UK to other countries for the purposes of credit checking or fraud prevention and remain responsible for making sure your personal data continues to be protected during this type of transfer.
20.2 The parties to this contract are aware of and agree to comply with regulation (EU) 2016/679f The European Parliament and of The Council of 27 April 2016 on the Protection Of Natural Persons With Regard To The Processing of Personal Data and on the Free Movement of Such Data (GDPR).
20.3 In this way, the parties are aware that, by signing the contract, they consent that their personal data collected, as well as those that could be collected in the future in order to be able to comply and/or execute the contract correctly, could be incorporated by the other party to its own automated file or not of data collection in order to correctly execute the contractual relationship and, eventually, for administrative and/or commercial Management.
20.4 The parties may exercise their right of access, rectification, deletion, limitation, portability and opposition through the notification means established between the parties.
21.1 The information contained in the databases that may be accessed by virtue of this Agreement, the information relating to the physical conditions of the establishments, the content of any analysis thereof, compilation, study or other document or file developed by Moov Parcel or by the Customer based on this information, as well as any other information that is communicated between the Parties on a confidential basis, shall be considered Confidential.
21.2 Moov Parcel undertakes to maintain the strictest confidentiality regarding the existence of any preliminary dealings, negotiations and/or the content of this Agreement.
21.3 Moov Parcel undertakes not to use the confidential information provided by the Customer for any purpose other than the performance of the services covered by this Agreement. Likewise, the Customer assumes responsibility for ensuring that the confidentiality obligation set out in this clause will be respected by those employees who need access to said information, as well as by the subcontractors who provide the service.
21.4 Likewise, the Customer undertakes to maintain the most absolute confidentiality regarding the existence of any preliminary dealings, negotiations and/or content of the present Agreement.
21.5 The Customer undertakes not to use the confidential information provided by Moov Parcel for any purpose other than the performance of the services covered by this Agreement. Likewise, the Customer assumes responsibility for ensuring that the confidentiality obligation set out in this clause will be respected by those employees who need access to said information.
21.6 The Parties may provide confidential information to the authorities that require it by law without this constituting a breach of the duty of confidentiality.
21.7 The obligation of Confidentiality shall be maintained between the Parties for the duration of the present Contract and up to a maximum of 10 years after its termination.
21.8 In the event of breach of the commitment undertaken and regardless of the termination of the contract, Moov Parcel reserves the right to claim compensation for damages that may be caused as a result of the breach of the duty of confidentiality and professional secrecy agreed in this clause.
21.9 Upon termination of this Agreement, the Parties shall destroy or return all confidential information obtained by virtue of this business relationship.
22.1 Subject to clauses 22.1(a) to 22.1(b), as a consumer, You would usually have a statutory right to cancel the Service(s) within 14 days and receive a full refund. However, this does not apply where we have commenced or completed the Service(s) as follows:
22.2 If You want to cancel the Service(s) in accordance with this clause 22, please let Us know by contacting our service team via service@moovparcel.co.uk
22.3 If You cancel the Service(s) in accordance with this clause 22, You will be responsible for collecting the Parcel from Us or paying Our reasonable costs of returning it to You.
22.4 If You cancel the Service(s) after printing any postage/courier label that We may supply to You, You shall not use that label for any purpose other than secure disposal. In the event that the postage/courier label is used in respect of any Parcel, You agree to Us automatically deducting any sums owed for the delivery of Our Service(s) from You via Your payment method.
22.5 Moov Parcel may terminate or suspend the Agreement with immediate effect at any time by giving written notice to the Customer if:
23.1 The Customer shall not, without the prior written consent of Moov Parcel, at any time from the date of this Agreement to the expiry of twelve months after the termination or expiry of this Agreement, solicit or entice away from Moov Parcel or employ or attempt to employ any person who is, or has been, engaged as an employee, consultant or subcontractor of Moov Parcel in the provision of the Services.
23.2 Any consent given by Moov Parcel in accordance with clause 23.1 shall be subject to the customer paying to Moov Parcel a sum equivalent to 20% of the then current annual remuneration of Moov Parcel's employee, consultant or subcontractor or, if higher, 20% of the annual remuneration to be paid by the customer to that employee, consultant or subcontractor.
24.1 This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it, its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
24.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
24.3 The rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
Updated on: 13th April 2023
1. In these conditions NINO LOGISTICS LTD. trading as Moov Parcel shall include all associated and subsidiary companies and its employees, appointed agents & sub-contractors in the country of residence of the Customer.
1.1 Moov Parcel provides a range of Logistical Services. These Services include Booking, Collection, Injection, Distribution, Mailing and Freight services. This may also extend to other Services not listed in this document. These Terms and Conditions shall apply to the provision of Services by Moov Parcel to its Customers.
1.2 Moov Parcel is in the business of providing delivery and logistics solutions to its Customers.
1.3 The Customer agrees to obtain and Moov Parcel agrees to provide the Services on the terms set out in the Agreement.
2. Moov Parcel undertakes any business subject to the conditions hereinafter set out, each of which shall be deemed to be incorporated in and to be a condition of any agreement whether written or implied between Moov Parcel and the Customer. In the absence of a written agreement to the contrary these conditions shall constitute the entire agreement between Moov Parcel and each of its Customers. No agent, employee or representative of Moov Parcel has authority to alter, modify or waive any provision of these conditions.
3. If you object to any of these Terms You should not use any of the products or services on the Website and should leave the Website immediately.
3.1 By agreeing to these Terms, You agree to take full responsibility for any claims, expenses, liability, losses, costs including legal fees incurred by us arising from Your breach of these Terms.
The following definitions and rules of interpretation apply in this Agreement:
Agent: a person who acts on another’s behalf.
Agreement: these Terms and Conditions.
Applicable Laws: all applicable laws, statutes, regulations and codes from time to time in force.
Business day: any day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Business Hours: the period between 0830-1700 hours on any Business Day.
Charges: the sums payable for the Services.
Commencement Date: the date of signature of this Agreement.
Consignment: a shipment of Goods identified in a Recipient’s order.
Consignment Data: all information required by Moov Parcel in respect of each Consignment. Controller, processor, data subject, personal data, personal data breach, processing and appropriate technical measures: as defined in the Data Protection Legislation.
Collection: The Collection of Goods is defined in clause 10.
Correctly Packaged: Any Parcel that is packaged in accordance with the specifications of ourselves and the specific carriers being used. See Parcel Compliance.
Customer: The party procuring the Services of Moov Parcel, identified in the Agreement.
Customer Dashboard: the platform made available by Moov Parcel through which the Customer can book and track orders and deliveries.
Customer’s System: the Customer's computing environment, consisting of hardware, software and telecommunications networks, that is to be used by the Customer in connection with the use of the Services and which interfaces with software provided by Moov Parcel in order for the Customer to receive the Services.
Goods: items to be collected and delivered by Moov Parcel, where the Goods comprise more than one piece the expression shall, where the context so admits, refer to the whole or any part of the Goods. The Goods, whether or not contained in separate parcels, including containers and packaging or any paper documents are to be delivered by Moov Parcel for the Customer to the Recipient.
Intellectual Property Rights: patents, utility models, rights to inventions, copyrights and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress or goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use and protect the confidentiality of confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted. Renewals or extensions of and rights to claim priority from such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Item: refers to any Item which is not a Prohibited Item and ‘Items’ shall be construed accordingly.
Label: refers to a label that You have printed off from the Website, which includes details of the Recipient plus a barcode to identify the Parcel.
Neighbour: A person who lives in property within walking distance of the Delivery Address.
Parcel: refers to any Item/s that are Correctly Packaged with a Label attached and which are, may be, or are intended to be, received by Us from You, or on Your behalf, for Us to carry and deliver to any Recipient at the Delivery Point.
Parcel Compliance: the size, weight and content limitations as detailed for each specific carrier, subject to their individual Terms and Conditions.
Pickup Location: the address from which the parties agree that Moov Parcel will collect a Consignment from the Customer.
Prohibited Item(s): means any Item which cannot be carried on any Service, these vary and are specific to each carrier used.
Recipient: means the person to whom the label on the Parcel is addressed.
Services: the services to be performed in accordance with this Agreement including:
(a) delivery services whereby Moov Parcel Collect, Transport and deliver Consignments as instructed by the Customer;
(b) the making available by Moov Parcel to the Customer of the Customer Dashboard.
Terms: the terms of this Delivery and Logistics Services Agreement.
Transport: shall have the meaning set out in clause 9.
UK Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended in 2018 and 2019.
Us, We or Our: means Moov Parcel, together with its directors, employees, any agents, subcontractors or couriers acting on its behalf.
VAT: value added tax chargeable in the UK.
You: means the Customer, who is contracted with Us.
4.2 Clause headings shall not affect the interpretation of this Agreement. References to clauses are to the clauses of this Agreement.
4.3 A person includes a natural person, corporate or unincorporated body (regardless of having separate legal personality). A reference to a company shall include any company, corporation or other corporate body, wherever and however incorporated or established.
4.4 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
4.5 This Agreement shall be binding on and ensure to the benefit of, the parties to this Agreement and their respective personal representatives, successors and permitted assigns and references to any party shall include that party's personal representatives, successors and permitted assigns.
4.6 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time. A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
4.7 A reference to writing or written includes email. Any obligation on a party not to do something includes an obligation not to allow that action to be done. A reference to this Agreement or to any other agreement or document referred to in this Agreement is a reference of this Agreement or such other agreement or document as varied or novated (in each case, other than in breach of the provisions of this Agreement) from time to time. Any words following the terms: including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
4.8 In any and all business undertaken, this Agreement prevails over any inconsistent terms or conditions contained or referred to by the Customer under their terms and conditions, in the Customer’s acceptance of quotation or specification, or implied by law, trade, custom, practice or course of dealing.
5.1 This agreement sets forth the main obligations and rights of each of the parties in connection with the collaboration they intend to carry out in order to implement a delivery service through which Moov Parcel will collect, transport and deliver Consignments as instructed by the Customer directly. (hereinafter, the "Service").
5.2 To this end, the parties have decided to develop the Service in order to offer it as a complementary option in the delivery of products purchased by consumers of the Customer’s customers (the Recipients).
5.3 This framework agreement governs the overall relationship of the parties in relation to the Services provided by Moov Parcel to the Customer.
5.4 Moov Parcel shall use reasonable endeavours to supply the Services and observe all health and safety and security requirements that apply at any of the Customer's premises and that have been communicated to Us, provided that it shall not be liable under this Agreement if, as a result of such observation, it is in breach of any of its obligations under this Agreement.
6.1 In consideration for the Customer paying to Moov Parcel the Charges, Moov Parcel shall provide the Services to the Customer in accordance with this Agreement.
6.2 The Customer will cooperate with Moov Parcel, including but not limited to our carrier partners, agents and subcontractors, in all matters relating to the Services.
6.3 The Customer shall provide to Moov Parcel all relevant necessary information for provision of the Services.
6.4 The Customer warrants to Moov Parcel that the description of Goods as shown on commercial invoices, or other paperwork, conforms accurately to the contents of the Goods. The Customer shall indemnify Moov Parcel for all claims, damages and expenses arising as a result of any incorrect description and that Moov Parcel shall thereupon have the right to deal with such items as it sees fit, including the right to abandon carriage of the same immediately upon Moov Parcel being aware that such items infringes these conditions.
6.5 The Customer warrants to Moov Parcel that all documentation, commercial invoices and customs declarations are truthful and accurate, with the correct value of goods and that all relevant information is provided. Upon failure to do so the Customer shall indemnify Moov Parcel for all claims, damages and expenses arising.
6.6 The Customer accepts full responsibility that all Goods and deliveries abide by the policies and procedures of the carriers used. This includes but is not limited to Parcel Compliance, documentation, Excluded Goods and carrier specific geographical scope of service. The Customer accepts that they are liable in the case of carrier issues and errors that arise from this. Any Carrier related advice provided by Moov Parcel should only be treated as provisional, as carrier policies and procedures are subject to change.
6.5 The Customer warrants that it is authorised to accept these conditions not only on behalf of itself, but also as agent for or on behalf of all other persons who are or may thereafter become interested in the Goods. The Customer hereby undertakes to indemnify Moov Parcel against damages, costs and expenses resulting from any breach of this warranty.
6.6 The Customer must ensure that all shipments tended to Moov Parcel for carriage are prepared and packed sufficiently to ensure safe transportation with ordinary care in handling. Moov Parcel shall not be liable for any loss or damage as a result of inadequate packing by the Customer. Any article susceptible to damage as a result of any conditions that may be encountered in air transportation, collection or delivery must be adequately protected by the Customer by proper packaging.
6.7 The Customer must mark and Label each shipment legibly and durably with the full name and address, including the full postal code of the Recipient. No responsibility is accepted by Moov Parcel for inadequate Recipient information which may result in delayed delivery. All liability for losses, damages and expenses arising as a result of failure to comply with obligations hereunder or as a result of its negligence is a liability of the Customer and is accepted by the Customer. Moov Parcel will use all reasonable care to effect Customs clearance. However, Moov Parcel will not be liable for any penalties imposed or losses incurred due to the Customer’s Goods being impounded by Customs or similar authorities and against any such penalty or loss the Customer indemnifies.
6.8 In the event that any Customer should consign Excluded Goods without the knowledge of Moov Parcel the Customer shall indemnify Moov Parcel for all claims, damages and expenses arising in connection therewith and Moov Parcel shall have the right to deal with such items as it shall see fit which shall include the right to abandon carriage of such items immediately upon Moov Parcel having knowledge that such items infringes these conditions.
6.9. In the event that any consent, licences, signatures, or other permissions are needed from any third parties acting on the Customer’s behalf, it shall be the Customer’s responsibility to obtain these in advance of the provision of the Services (or the relevant part thereof).
7.1 The restrictions on liability in this clause 7 apply to every liability arising under or in connection with this Agreement including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
7.2 Nothing in this Agreement limits any liability which cannot legally be limited, including liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; and (c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
7.5 Moov Parcel does not accept any liability under the following types of loss, including through use of third parties and carriers: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (v) loss of use or corruption of software, data or information; (vi) loss of or damage to goodwill; and (vii) indirect or consequential loss.
7.6 The terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this Agreement.
8.1 The Customer must properly and sufficiently pack and label all Goods for the intended Consignment, in particular:
a) The Customer must pack the Goods so that the Consignment or the contents of the Consignment or any other Goods being Transported by Moov Parcel will be durable, and will not be lost or damaged whilst being Transported, and will not cause injury or damage to any person, any property, or other goods.
b) The Customer must ensure that the labelling has the full address and postcodes of both the person or company sending the package and the Delivery Address.
c) If the Customer wishes to combine a number of discrete packages the Customer must do this within an outer box or packaging fully encompassing each discrete package. If the Customer fails to do this and any individual discrete package(s) come apart in Transportation resulting in one or more of them being lost, then once the remaining package(s) are signed for by the Customer, the Customer accepts that they cannot make a claim for loss or partial loss of that Consignment.
8.2 The Customer must ensure that the Goods in any Consignment are not subject to any licences, permits, certificates, restrictions, or anti-dumping or countervailing laws or regulations.
8.3 Moov Parcel will not carry living creatures without prior agreement thereof. The right to refuse to carry Goods remains at the sole discretion of Moov Parcel.
8.4 Moov Parcel is not a common carrier and will only carry Goods subject to the Agreement. The right to refuse or abandon carriage or transportation of any Goods from any person, firm or company and the carriage or transportation of any class of Goods is reserved at the discretion of Moov Parcel.
9.1 Moov Parcel will load and unload the Consignment, but Moov Parcel will not deliver the Consignment any further than the front door of the Delivery Address.
9.2 Moov Parcel will not be required to provide any service(s) other than the Services unless Moov Parcel has agreed to provide the additional service(s) in writing before the collection or delivery is made.
9.3 Moov Parcel cannot be required to provide any equipment or labour, other than the driver collecting or delivering the Consignment, which may be required for loading or unloading a Consignment.
9.4 Any Consignment, or part of a Consignment, requiring any additional equipment or labour for loading or unloading shall be accepted by Moov Parcel for Transportation only on the understanding and condition that such additional equipment or labour shall be made available by the Customer or the Customer at the address for collection, or the Delivery Address as required. Where such equipment is not available and if Moov Parcel agrees to load or unload the Consignment (or part of the Consignment) Moov Parcel shall be under no liability or obligation of any kind to the Customer for any damage caused (however it may be caused) during the loading or unloading of the Consignment. This includes any damage caused whether or not by Moov Parcel’s negligence and the Customer shall agree to indemnify and hold Moov Parcel harmless against any claim or demand from any person arising out of Moov Parcel’s agreeing to load or unload the Consignment in these circumstances.
9.5 To be clear, any instructions the Customer gives to Moov Parcel’s drivers are not legally binding on Moov Parcel and Moov Parcel has the right to reject the Customer’s instructions.
9.6 Moov Parcel reserves the right to inspect the Goods consigned by its Customers by X-ray, hand searching or otherwise to ensure that all such items are capable of carriage to the country of destination within the standard operating procedures, customs declarations and handling methods of Moov Parcel. Moov Parcel does not warrant that any particular item to be carried is capable of carriage without infringing the law of any country or state from, to or through which the item may be carried.
10.1 Moov Parcel will, if asked to do so, sign a document prepared by the Customer to acknowledge that Moov Parcel has received the Consignment or Goods. However, this document will not be evidence of the condition or correctness of the description, quantity, or weight of the Consignment or Goods at the time Moov Parcel receives them.
10.2 The Collection of Goods and use of Labels act as the confirmation of booking upon the physical transfer of goods to the Collection Agent.
11.1 This clause sets out when "Transport" of a Consignment, and as such Moov Parcel’s responsibility for said Consignment, begins and ends.
11.2 Transport will begin when the Consignment is Labelled and accepted by way of physically taking possession of the Consignment.
11.3 Unless Moov Parcel informs the Customer otherwise, Transport will end either:
(a) when Moov Parcel offers the Consignment for delivery at the Delivery Address; or
(b) when, on the Customer's or the Recipient’s instructions, the Consignment is left in a safe place; or
(c) when the Consignment is delivered to a Neighbour of the Recipient’s address or a concierge at the Recipient’s building.
11.4 Where for any reason Moov Parcel cannot Transport the Consignment to the Delivery Address or Moov Parcel cannot complete delivery at the Delivery Address, the following will apply:
(a) Moov Parcel may deliver the Goods to a Neighbour of the Customer’s address or a concierge at the Recipient’s building, or otherwise in accordance with any amended or updated instructions Moov Parcel may have received from the Recipient;
(b) if Moov Parcel is unable to complete delivery at the Delivery Address within the Recipient’s chosen time slot upon its first attempt in accordance with clause 11.4(a), Moov Parcel shall inform the the Recipient and reattempt the delivery the next day between Monday to Saturday, or otherwise in accordance with any amended or updated instructions Moov Parcel may have received from the Recipient; and
(c) if Moov Parcel is unable to complete delivery at the Delivery Address upon its second attempt in accordance with clause 11.4(b), it will return the Consignment to the Pickup Location.
11.5 Where Moov Parcel holds Goods in its own storage facility following a failed delivery, the Goods are held entirely at the Customer’s risk.
11.6 Where Moov Parcel is unable to complete delivery at the Delivery Address upon its second attempt in accordance with clause 11.4(b), other than as a result of Moov Parcel’s negligence or wilful misconduct, Moov Parcel will be entitled to charge the Customer in respect of that particular Consignment.
11.7 Moov Parcel may require the recipient of a Consignment to sign an electronic signature capture device as proof of delivery of the Consignment. The recipient's signature and/or Scan Record shall be conclusive evidence of delivery of the Consignment (including the quantity of items) comprised in the Consignment.
11.8 We shall endeavour to meet the timeframes stipulated in communications, but any such time frames shall only be estimates. Timeframes are carrier and service specific, and as such, Moov Parcel will not be liable for the performance of carriers.
12.1 If the Customer does not own some or all of the Goods making up the Consignment, Moov Parcel will treat the Customer as the Agent of the owner(s), and as though the Customer is acting as the fully authorised Agent of any other person that has an interest in the Goods.
12.2 Moov Parcel may subcontract any part of this Agreement. Any third party will also have the right to delegate their rights and obligations.
12.3 Moov Parcel reserves the right to carry the Customer’s Goods by any route and procedure and by successive carriers according to its own methods of handling, storage and transportation.
12.4 You agree that We may use another carrier in order to support Our provision of the Services to You (this will be at Our own expense) and You agree that both We and such other carrier shall be entitled to the protection of all of the terms of this Agreement which exclude or limit liability for any losses or damage.
12.5 We endeavour that third party providers are fully licensed, insured and compliant with the relevant authorities being subject to stringent internal and external reviews. However, we do not accept liability for lack thereof, of our Agents.
13.1 We will carry out the Services for You whilst this Agreement is in force, in return for the payment by You to Moov Parcel of the Charges set out and in accordance with these Terms.
13.2 Moov Parcel shall be under no liability in respect of the Goods carried by it and shall not be liable for any consequential loss which shall be deemed to include without restriction, commercial, financial or other direct loss of interest in utility. Moov Parcel will endeavour to deliver Goods in accordance with any agreed schedule but will not be liable for delay or non-performance of any carriage.
13.3 Moov Parcel have the right to make any changes to the Service(s) which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the Service(s) and We shall notify You of any such changes.
13.4 We warrant that We will provide the Service(s) using reasonable care and skill. However, Moov Parcel will not be responsible for any physical loss of, or physical damage to, Goods while Moov Parcel is Transporting them. This includes, but is not limited to, if the loss or damage has arisen from or consists of the following:
(a) the Customer, Recipient or the person receiving the Consignment not taking or accepting delivery within a reasonable time;
(b) insufficient or inadequate packing, labelling or addressing which does not comply with Clauses 6 and 8 or an incorrect Delivery Address is provided;
(c) the Customer failing to notify Moov Parcel of any special handling requirements for the Goods;
(d) the loss, damage or breakage of Goods or any part of them which Moov Parcel does not accept for Transportation as set out in clause 11;
(e) any act or omission of the Customer or the owner of the Goods, or the Agents of either the Customer or the owner of the Goods;
(f) the natural loss of bulk or weight, any hidden or latent defect or weakness, natural wear and tear, loss of value, or deterioration of perishable goods;
(g) a seizure under any legal process;
(h) a delay in providing Moov Parcel with safe and adequate access to the Goods or Delivery Address and/or delivery instructions;
(i) any event or circumstance beyond Moov Parcel’s reasonable control as set out in clause 16;
(j) any defect of any equipment supplied by the Customer, the recipient or the person otherwise receiving the Consignment or any negligence of the Customer’s Agents.
13.3 Moov Parcel will not be responsible in any way for a Consignment or other goods:
(a) if the Customer has committed fraud or the owner of the Goods or the Customer’s or their employees or Agents have done so; or
(b) the Consignment was not in Transport at the time of the loss and/or where the Consignment has no record showing that the Goods were provided to Moov Parcel.
14.1 Unless otherwise agreed in writing, all shipments dispatched by Moov Parcel on the behalf of the Customer travel under the relevant carrier partner’s standard terms and conditions, with no additional insurance. For incidents where loss or damage in transit occurs, it is the Customer’s responsibility to liaise with the carrier directly to resolve the loss, as per the individual carriers’ terms and conditions. The Customer must accept the decision of the carrier as final. Moov Parcel accepts no responsibility for loss or damage incurred because of service failure from our carrier partners. The Customer signs this Agreement with the understanding that all shipments travel at their own risk.
14.2 Special insurance can be arranged on request at the discretion of Moov Parcel, for items of intrinsic value, subject to the Customer declaring the true value of the Consignment at the time of processing and paying the premium for the special insurance before the commencement of transit. If a claim is made the Customer shall be entitled to require independent proof of the value of the Consignment. The value of the insurance in respect to the relevant Consignment shall be whichever is the lesser of the actual value of the Consignment and the value of the Consignment as declared by the Customer.
14.3 All insurance arranged by Moov Parcel on behalf of a Customer is subject to the insurer’s own terms and conditions.
14.4 Where Moov Parcel arranges for insurance to be provided on the request of the Customer, the Customer has a right to complain about such insurance to the Financial Conduct Authority. The Financial Conduct Authority can be contacted through the following channels:
14.5 It is hereby acknowledged by the Customer that they have been given an opportunity to make a declaration of the value for insurance purposes of the delivery of Goods prior to shipment and that the sum declared on the relevant documentation or electronic version thereof constitutes such declaration. No claim may be made against Moov Parcel for damage or loss of Goods in excess of this declaration, subject to clause 14.6 and 14.7 below. Any claim must be notified by the Customer to Moov Parcel within 7 days of the date when the Goods were accepted by Moov Parcel for carriage, or within 3 working days of delivery: whichever is the greater. Claims made outside this time frame will have no validity. In cases of damage claims, the signatory must have clearly signed for the Goods as “Damaged” or words to that effect. “Unchecked” or similar wording is not considered to imply damage and does not validate any claim.
14.6 On the written request of the Customer, and upon receipt of payment of the prescribed premium, Moov Parcel undertakes to effect insurance on behalf of the Customer to insure Goods against loss or damage. The liability under this insurance is limited to a sum not exceeding £10,000 per consignment. Moov Parcel acts as the Customers agent in effecting said insurance and will use reasonable endeavours to assist in pursuing claims under policies affected hereunder.
14.7 In cases where the Customer does not purchase insurance as aforesaid and goods are lost or damaged in transit, Moov Parcel shall follow the claims procedure of the carrier or related parties involved.
All claims are settled net of VAT and on the provisions that the lost or damaged goods are not excluded from insurance cover (see Definitions clause 4) and the loss or damage is proven to have occurred in transit. For clarity, Moov Parcel reserve the right to reject any claims that are fraudulent or in cases where the address information and/or packaging of goods provided by the Customer are deemed to be inadequate by Moov Parcel.
14.8 Third party claims against Moov Parcel:
a) If the Customer is not the owner of the Goods, the Customer warrants that the Customer is the Agent for the Goods.
b) If any third-party makes a claim against Moov Parcel for loss of or damage to any Goods beyond Moov Parcel’s liability to the Customer then the Customer agrees that the Customer shall indemnify Moov Parcel against any such losses or liabilities that Moov Parcel suffers as a result of that claim (including all legal costs and other expenses) and the Customer agrees that Moov Parcel shall have no liability to the Customer or Recipient in these circumstances, regardless.
15.1 All payments are to be made in pounds sterling and are due within the agreed credit terms as set out in any sales agreement, quote, email, letter or other correspondence issued by Moov Parcel. Credit terms may be limited by amount, days outstanding or both of the aforementioned. All payments must include any applicable duties and/or taxes that remain outstanding.
15.2 In consideration of the provision of the Services by Moov Parcel, the Customer shall pay the Charges.
15.3 The Charges are not refundable if the Recipient does not accept the Goods or Consignment.
15.4 Moov Parcel may increase the Charges on an annual basis with effect from each anniversary of the date of this Agreement.
15.5 Moov Parcel shall invoice the Customer for the Charges at the end of each week for Services performed during that week.
15.6 The Customer shall pay each invoice submitted to them by Moov Parcel within 7 days of receipt to a bank account nominated in writing by Moov Parcel from time to time.
15.7 Without prejudice to any other right or remedy that it may have, if the Customer fails to pay Moov Parcel any sum due under this Agreement on the due date:
(a) the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgement. Under this clause 15.7(a) late payment of invoice will incur a fixed charge of £40 plus interest set at 8% a year above the Bank of England's base rate, or at a rate of 8% a year for any period when that base rate is below 0%;
(b) Moov Parcel may suspend all or part of the Services until payment has been made in full.
15.8 Moov Parcel shall have lien of the Goods for all freight charges, custom duties, advances or charges of any kind arising out of this contract of carriage and may refuse to surrender possession of the Goods until such charges are paid. If the lien is not satisfied within a reasonable time Moov Parcel reserve the right to sell the Goods privately or by auction and apply the proceeds in or towards the discharge of the lien and the expenses incurred of the sale.
15.9 The rates quoted by Moov Parcel, for carriage, are exclusive of value added tax and Customs duties where applicable. They are, where indicated in any quotes or correspondence, inclusive of local airport tax, and such taxes constitute the total liability of Moov Parcel in connection with taxation duties. Any Fuel Surcharge amount applicable to delivery rates or quotations will be clearly stated by Moov Parcel in any correspondence and forms part of the overall amount due in payment of transportation charges by the Customer. Quotations are given on the basis of immediate acceptance subject to right or withdrawal or revision with or without notice.
15.10 The rates quoted by Moov Parcel, for carriage, are based on the specific information provided to us by the Customer. In cases where the Customer fails to provide accurate information, or fails to match the information provided, Moov Parcel reserves the right to charge the customer for any additional costs arising from such inaccuracies or mismatches.
15.11 Moov Parcel reserves the right to charge the customer for any additional costs arising when Customers fall below their agreed minimum order volume. Moov Parcel offers a 10% tolerance level for under-volume. In cases where Customers are past the 10% tolerance level, under-volume will be charged, in its entirety, at a rate of £0.30 per parcel. Under-volume charges will be calculated on a rolling 4-week period and will then be charged weekly at 25% of the 4 week discrepancy between minimum volume and actual volume. The Customer will be notified of any under-volume charges on their weekly invoice.
15.12 All sums payable to Moov Parcel shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
15.13 Moov Parcel reserves the right to charge for goods according to their volumetric weight and/or impose a minimum charge per parcel based on the traffic profile of the Customer. Methods for charging volumetric weights may vary from time to time and are subject to change without notice.
16.1 Moov Parcel shall have no liability for any failure to perform their obligations hereunder and insofar, as that failure arises directly or indirectly from including but not limited to: labour disputes or strikes, whether actual or threatened, refusal or withdrawal of any necessary authorisations or permits required in connection with the carriage of Goods pursuant hereto ; the outbreak of war, hostilities, insurrection, civil commotion, riots or rebellion, grounding of aircraft, vehicle breakdown or road traffic accident, Acts of God, unusual or severe weather or other circumstances outside of Moov Parcel’s reasonable control.
16.2 Provided it has complied with clause 16.3, if a party is prevented, hindered or delayed in or from performing any of its obligations under this Agreement by a Force Majeure Event (Affected Party), the Affected Party shall not be in breach of this Agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.
16.3 The Affected Party shall:
16.4 If the Force Majeure Event prevents, hinders or delays the Affected Party's performance of its obligations for a continuous period of more than 4 weeks, the party not affected by the Force Majeure Event may terminate this Agreement by giving 2 weeks' written notice to the Affected Party.
17.1 No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
18.1 If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement.
18.2 If any provision or part-provision of this Agreement is deemed deleted under 18.1 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
19.1 These Terms and Conditions can vary from time to time, and to alleviate the need for Moov Parcel to provide written updates, Moov Parcel will do this by altering the Terms and Conditions on the Website and any alteration will be of immediate effect. Please visit www.moovparcel.co.uk and refer to the Terms & Conditions page therein.
19.2 It is the sole responsibility of the Customer to keep themselves informed and up to date with changes in the Terms.
19.3 If there is an inconsistency between any of the provisions of this Agreement and previous versions, the provisions of this Agreement shall prevail.
20.1 Moov Parcel shall retain title over all commercial data that is entered onto Consignment Notes or electronically recorded onto databases that Moov Parcel provides for the purpose of providing transport services. This shall include, but is not limited to, the Moov Parcel booking platform. Data shall include company names, addresses and specific details of consignments despatched to or from commercial organisations. Moov Parcel reserves the right to use this data for any purpose it sees fit including, but not exclusive to, collection of freight charges, custom duties, advances or charges of any kind arising out of this contract of carriage. Moov Parcel recognises and complies with personal data legislation including the General Data Protection Regulations (2018) and the Data Protection Act (2018). Moov Parcel’s compliance with personal data legislation is covered by a separate Privacy Policy that is maintained and updated on Moov Parcel’s publicly accessible website. In accordance with clause 20.1 of these terms the Customer agrees to give consent for Moov Parcel to use their data for credit checking and fraud prevention purposes even if the aforesaid data is comprised of personal data such as, but not limited to, trading details for partnerships and sole traders.
20.2 Data Protection Consent: Moov Parcel are committed to protecting your privacy. However, in order for Moov Parcel to manage your account and carry out its business effectively Moov Parcel require consent to use your personal information as follows; To help Moov Parcel to make credit decisions about you, to prevent fraud and to check your identity, Moov Parcel may search the files of credit reference agencies who will record any credit searches on your file. Moov Parcel may also disclose details of how you conduct your account to such agencies, who may be empowered to register these details and make them available to their associates and members. This information may then be used by other credit grantors for making credit decisions about you, for fraud prevention and occasionally for tracing debtors. If you would like details of these credit reference agencies please contact Moov Parcel as you have a legal right to these details. Moov Parcel may pass your personal information outside the UK to other countries for the purposes of credit checking or fraud prevention and remain responsible for making sure your personal data continues to be protected during this type of transfer.
20.2 The parties to this contract are aware of and agree to comply with regulation (EU) 2016/679f The European Parliament and of The Council of 27 April 2016 on the Protection Of Natural Persons With Regard To The Processing of Personal Data and on the Free Movement of Such Data (GDPR).
20.3 In this way, the parties are aware that, by signing the contract, they consent that their personal data collected, as well as those that could be collected in the future in order to be able to comply and/or execute the contract correctly, could be incorporated by the other party to its own automated file or not of data collection in order to correctly execute the contractual relationship and, eventually, for administrative and/or commercial Management.
20.4 The parties may exercise their right of access, rectification, deletion, limitation, portability and opposition through the notification means established between the parties.
21.1 The information contained in the databases that may be accessed by virtue of this Agreement, the information relating to the physical conditions of the establishments, the content of any analysis thereof, compilation, study or other document or file developed by Moov Parcel or by the Customer based on this information, as well as any other information that is communicated between the Parties on a confidential basis, shall be considered Confidential.
21.2 Moov Parcel undertakes to maintain the strictest confidentiality regarding the existence of any preliminary dealings, negotiations and/or the content of this Agreement.
21.3 Moov Parcel undertakes not to use the confidential information provided by the Customer for any purpose other than the performance of the services covered by this Agreement. Likewise, the Customer assumes responsibility for ensuring that the confidentiality obligation set out in this clause will be respected by those employees who need access to said information, as well as by the subcontractors who provide the service.
21.4 Likewise, the Customer undertakes to maintain the most absolute confidentiality regarding the existence of any preliminary dealings, negotiations and/or content of the present Agreement.
21.5 The Customer undertakes not to use the confidential information provided by Moov Parcel for any purpose other than the performance of the services covered by this Agreement. Likewise, the Customer assumes responsibility for ensuring that the confidentiality obligation set out in this clause will be respected by those employees who need access to said information.
21.6 The Parties may provide confidential information to the authorities that require it by law without this constituting a breach of the duty of confidentiality.
21.7 The obligation of Confidentiality shall be maintained between the Parties for the duration of the present Contract and up to a maximum of 10 years after its termination.
21.8 In the event of breach of the commitment undertaken and regardless of the termination of the contract, Moov Parcel reserves the right to claim compensation for damages that may be caused as a result of the breach of the duty of confidentiality and professional secrecy agreed in this clause.
21.9 Upon termination of this Agreement, the Parties shall destroy or return all confidential information obtained by virtue of this business relationship.
22.1 Subject to clauses 22.1(a) to 22.1(b), as a consumer, You would usually have a statutory right to cancel the Service(s) within 14 days and receive a full refund. However, this does not apply where we have commenced or completed the Service(s) as follows:
22.2 If You want to cancel the Service(s) in accordance with this clause 22, please let Us know by contacting our service team via service@moovparcel.co.uk
22.3 If You cancel the Service(s) in accordance with this clause 22, You will be responsible for collecting the Parcel from Us or paying Our reasonable costs of returning it to You.
22.4 If You cancel the Service(s) after printing any postage/courier label that We may supply to You, You shall not use that label for any purpose other than secure disposal. In the event that the postage/courier label is used in respect of any Parcel, You agree to Us automatically deducting any sums owed for the delivery of Our Service(s) from You via Your payment method.
22.5 Moov Parcel may terminate or suspend the Agreement with immediate effect at any time by giving written notice to the Customer if:
23.1 The Customer shall not, without the prior written consent of Moov Parcel, at any time from the date of this Agreement to the expiry of twelve months after the termination or expiry of this Agreement, solicit or entice away from Moov Parcel or employ or attempt to employ any person who is, or has been, engaged as an employee, consultant or subcontractor of Moov Parcel in the provision of the Services.
23.2 Any consent given by Moov Parcel in accordance with clause 23.1 shall be subject to the customer paying to Moov Parcel a sum equivalent to 20% of the then current annual remuneration of Moov Parcel's employee, consultant or subcontractor or, if higher, 20% of the annual remuneration to be paid by the customer to that employee, consultant or subcontractor.
24.1 This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it, its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
24.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
24.3 The rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.