NVN Logistics services are subject to different conditions of carriage depending on the nature of the particular services.
Unless any special services are agreed, and subject to these terms, the service to be provided by NVN is limited to the collection, transportation, customs clearance where applicable, and delivery of the shipment. The shipper acknowledges that shipments will be consolidated with those of other shippers for transport and that NVN may not monitor the inbound and outbound movement of individual shipments at all handling points.
NVN is not a common carrier and reserves the right in its absolute discretion to refuse carriage to any shipment tendered to it for transportation.
This section sets out various restrictions and conditions which apply to the carriage of shipments by NVN. It also explains what the consequences are of the shipper presenting shipments for carriage which do not meet these requirements.
Shipments must comply with the restrictions in paragraphs (i) to (iv) below.
Perishable and temperature sensitive goods will be transported provided that the shipper accepts that this is at its risk. NVN does not provide special handling for such shipments
When a shipment requires customs clearance, it is the shipper’s obligation to provide, or to ensure that the receiver will provide, NVN with complete and accurate documentation for the purpose but NVN will, unless instructed otherwise, act on behalf, at the expense and at the risk of the shipper or receiver in obtaining customs clearance.
Provided that, in the case of shipments whose points of dispatch and destination are both within the same customs area, NVN only performs customs clearance if instructed to do so. The shipper also agrees that NVN may be considered as being the receiver of the package or the shipment for the sole purpose of appointing a customs broker to carry out any customs clearance insofar as is allowed by law.
If NVN is unable to start or continue with carriage of the shipper’s shipment for a reason beyond its control, NVN will not be in breach of its agreement with the shipper but will take all steps that are reasonably practicable in the circumstances to commence or continue the carriage. Examples of events beyond NVN’s control are disruption to air or ground
transportation due to bad weather, fire, flood, war, hostilities, civil disturbance, acts of government or other authorities (including, without limitation, customs), labour disputes or obligations affecting NVN or some other party, delays in customs clearance and/or delays or other issues arising out of or otherwise related to the UK ceasing to be a member of the EU.
NVN may deliver a shipment to the receiver or to any other person appearing to have authority to accept delivery of the shipment on the receiver’s behalf (such as persons at the same premises as the receiver). If no such person is available the package may be left in another appropriate place including but not limited to the receiver’s letterbox or similar safe place, delivered to the neighbour, unless the shipper has excluded such delivery options specifically stated in the Contract. The receiver shall be informed of any alternate delivery arrangements by note left at their premises as appropriate.
Notwithstanding the previous paragraph, and unless otherwise agreed with the shipper, NVN may apply any alternative delivery methods chosen by the receiver. Such alternative delivery methods include, without limitation, redirecting delivery of a package to an alternate address, authorizing the driver to leave a package at the receiver’s premises, modifying a service selected by the shipper or, rescheduling delivery. The shipper also agrees the receiver may receive delivery information regarding a package. The shipper expressly waives any claim it may have against NVN arising from NVN following any such instructions provided by the receiver.
NVN may use an electronic device to obtain proof of delivery and the shipper agrees that it will not object to NVN relying on a printed copy of this as evidence merely on the grounds that the information concerned is obtained and stored in electronic form. Save where Convention Rules or other mandatory national laws require otherwise, NVN accepts no responsibility in any circumstances to suspend carriage, redirect delivery (whether to a different receiver or address from that named on the Delivery Label) or return a shipment to its shipper and, if it should attempt but fail to do so, shall have no liability for any losses thereby occasioned.
All claims against NVN must be notified in writing as soon as reasonably practicable and in any event within 14 days of receipt in the case of damage (including partial loss of a shipment), in the case of loss within 40 days of the goods being consigned with NVN for carriage. In addition, all claims against NVN in connection with any shipment shall be prescribed and barred by expiration of time, unless legal proceedings are brought and written notice of them is given to NVN within eight months after delivery of the goods concerned or, in the case of non-delivery, within eight months from the scheduled date for delivery. This term shall not affect any rights the shipper may have under Convention Rules or other mandatory national laws.
It is the intention of NVN that all the terms of the contract between it and the shipper are contained in this document and in the Contract. If the shipper wishes to rely on any variation to these terms, it must ensure that that is recorded in writing and signed by the shipper and on behalf of NVN before the shipment is accepted for carriage by NVN. If any part of these terms is not enforceable, this will not affect the enforceability of any other part.
These terms shall be governed by the laws of the country where the shipment is presented to NVN for carriage.