1.1 The following definitions shall apply to the terms and conditions set out below:
(i)“article” means any object or thing submitted to Freightspeed for delivery under any Service but excluding such articles prohibited under these terms and conditions including articles excluded pursuant to Clauses 6.3 and 6.5 hereof;
(ii)"Customer" means a customer who is using the Service (as defined below) and if the said customer is a corporation, the term “Customer” shall include any entity or entities authorised by such corporation to enjoy the benefit of the Service as specified in the Agreement;
(iv)“Freightspeed Office” means any of Freightspeed Offices. For more information, please log on to www.Freightspeed.ie for a list of Freightspeed Office locations or call 01 2531430;
(v)“Postal Parcel Guide” means Freightspeed’s general postal information and the requirements for the exportation of articles overseas and domestically;
(vi)“Offices ” means Freightspeed’s parcel station from which article(s) can be delivered to and collected from;
(vii)"Self-collection Option" means the option provided by Freightspeed whereby Customer elects to collect the item at a Freightspeed Office or at a Offices ;
(viii)"Service" means any one or more of the Freightspeed Express, Freightspeed Priority, Freightspeed Standard and/or Freightspeed Economy offered by Freightspeed;
(ix)“Freightspeed” means Freightspeed, a company with company registration number ******* incorporated under the laws of the Republic of Ireland and having its registered office at Magna Drive, Magna Park, Citywest, Dublin 24.
2 Customer’s Responsibility
2.1 The Customer shall:
(i)promptly pay all amounts due to Freightspeed on demand. Prevailing charges for the Service apply. For more information, please log on to www.Freightspeed.ie to download the relevant Service brochure or call 01 2531430;
(ii)be liable for any charges, costs or expenses of whatsoever nature, including but not limited to storage charges, duties and taxes, retrieval and administrative costs in connection with the services performed and/or the article in the event that the addressee refuses to pay them;
(iii)be liable for all charges, costs or expenses of whatsoever nature, including but not limited to storage charges, duties and taxes, retrieval and administrative costs in connection with the cancellation of the Service or return (due to failure of delivery or otherwise) of any articles; (vi)be liable for such phone booking charges, or other ancillary charges, as may be set out in www.Freightspeed.ie and updated by Freightspeed from time to time at its sole discretion; and
(vii)indemnify and keep Freightspeed indemnified at all times from and against all demands, claims, actions, proceedings, charges, postages, costs or expenses, including but not limited to storage charges, duties and taxes, retrieval and administrative costs (including reasonable legal costs) incurred, suffered, or sustained by Freightspeed in connection with the services performed hereunder.
2.2 The Customer shall ensure that:
(i)every article is packed in a reasonably strong case/carton, wrapper or cover appropriate to its contents, and so that no part of the contents can be removed without either breaking or tearing the case, wrapper or cover or forcing two adhesive surfaces apart, or breaking a seal;
(ii)all contents of the article are adequately packed so as to protect against damage in the course of transmission and in particular, but not limited to:
(a)an article which is of a fragile nature shall be packed in a container of sufficient strength and shall be surrounded in that container with sufficient and suitable material to protect the article against the effect of such concussion, pressure and knocks to which postal articles are ordinarily exposed in transmission, and the article shall bear the words "FRAGILE HANDLE WITH CARE" written conspicuously in capital letters on the face of the cover above the address of the addressee;
(b)an article which is liable to be damaged by bending shall be packed in a container of sufficient strength to prevent the article from being bent or otherwise damaged in transmission, and the packet shall bear the words, "DO NOT BEND" written conspicuously in capital letters on the face of the cover above the address of the addressee;
(iii)all articles to be collected at Offices s must not exceed maximum dimensions and weight as set out in the terms and conditions set out at www.Freightspeed.ie or as may be amended from time to time by Freightspeed at its sole discretion.
(iv)articles prohibited by any law in force in the Republic of Ireland and the address of destination for transmission will not be handed to Freightspeed;
(v)the name, address and the telephone number of the sender and addressee are completed accurately. For articles that are addressed to companies, the name of the company, address, name of addressee and department/section in which the addressee is located must be provided to ensure prompt delivery of articles;
(vi)an article complies with its destination country’s prevailing size and weight restrictions applicable to the specific Service pursuant to which such article is to be transmitted. For more information, please log on to www.Freightspeed.ie or call 01 2531430;
(vii)every article to be sent via Freightspeed complies with the terms and conditions specified in the Services Guide or other documents provided by Freightspeed for the respective address of destination;
(viii)every article to be sent via Freightspeed is addressed accurately to a valid registered address, to any destination only within the main island of the Republic of Ireland (
(ix)it shall not address articles to be sent to destinations or addresses which Freightspeed does not deliver to, as may be amended from time to time (wherever relevant).
3 Freightspeed’s Rights and Responsibilities s
3.1 Freightspeed shall take all reasonable precaution to prevent unauthorised persons from having access to the articles(s) or their contents and shall also take all reasonable precaution against loss of or damage to the same or their contents.
3.2 Freightspeed shall make reasonable effort to deliver the Customer’s article according to the respective Service delivery schedules which are estimates only and not guaranteed. The deliveries are subject to possible delays including but not limited to delays by customs or government authorities of the destination country. Freightspeed shall however not be liable (whether in contract, tort or otherwise) for any delays in effecting delivery of the article for whatever reasons
3.3 For deliveries to designated addresses in Ireland, if the first delivery attempt is unsuccessful, a delivery advice will be deposited at the delivery address or in the addressee’s letterbox at the delivery address, as applicable. The article will be made available for collection at a designated Offices or Freightspeed Office (as stated in the delivery advice for a period of five (5) calendar days or five (5) working days respectively from the date of the delivery advice). If the addressee fails to collect the article within the period stipulated in the delivery advice, the article will be sent to the Freightspeed for storage for another five (5) working days. Should the Customer or the addressee fail to collect the item at Freightspeed within the said period, Freightspeed may, at its sole discretion, and without notice and without liability to the Customer or any other party, (i) dispose of the article in any manner Freightspeed deems fit; or (ii) deliver the article back to the sender. The Customer will be liable for costs incurred in forwarding, disposing of or returning the shipment and charges, including but not limited to storage charges, administrative fees, duties and taxes (if any) for making additional delivery attempts and/or for performing the agreed action to be taken and shall ensure prompt payment of all such fees.
3.4 The Customer may request for Freightspeed to collect an article for delivery under any Service subject to such terms and conditions (including but not limited to payment of additional charges) prevailing from time to time and further described in the relevant Service brochure which may be downloaded from www.Freightspeed.ie The Customer shall be liable for additional charges (including additional delivery or postage fees) if requests for collections are subsequently cancelled or returned (for any reason including but not limited to failure of delivery). For the avoidance of doubt, all fees charged for cancelled orders or returned articles are non-refundable. Additional charges are applicable if collections are to be made at certain restricted areas as determined by Freightspeed from time to time.
3.5 Collection and/or deliveries are available from Mondays to Fridays 9.00am to 5.00pm excluding Bank Holidays
4 Self-Collection Option
4.1 The Customer may request for Freightspeed to deliver an article to:
(i)a Freightspeed Office; or
(ii)a designated Offices , subject to the terms and conditions set out in or as may be amended by Freightspeed at its sole discretion from time to time.
4.2 Upon the delivery of an article to a Freightspeed Office or Offices , an e-mail and/or mobile notification, being the delivery notice (the "Delivery Notice"), will be sent by Freightspeed to the addressee. If the addressee fails to collect the article within five (5) working days (for delivery to a Freightspeed Office) or five (5) calendar days (for delivery to a Offices ) respectively from the date of the Delivery Notice or such other period stipulated in the Delivery Notice, the article will be sent to SPC for storage for another five (5) days. Should the addressee fail to collect the article at SPC within the said period, Freightspeed may, at its sole discretion, and without notice and without liability to the addressee, the Customer or any other party, (i) dispose of the article in any manner Freightspeed deems fit; or (ii) deliver the article back to the sender. The addressee and/or the Customer will be liable for costs incurred in forwarding, disposing of or returning the shipment and charges, including but not limited to storage charges, administrative fees, duties and taxes (if any) for making additional delivery attempts and/or for performing the agreed action to be taken and shall ensure prompt payment of all such fees.
4.3 We reserve the right to review, amend or remove the list of Freightspeed Offices or from time to time and make changes thereof without any or prior notice to the Customer and/or any third party.
5 Charges for Services
5.1 All charges for the Services shall be calculated based on actual weight of the item as measured by Freightspeed (unless otherwise stipulated), and such determination by Freightspeed of the weight shall be final and conclusive.
5.2 In the event that the charges for the Services is calculated based on the volumetric weight, it shall be calculated using the following formula:
Volumetric weight = [length (cm) x width (cm) x height (cm)]
5.3 Freightspeed reserves the right to impose any fuel surcharge, peak period surcharge and/or other types of surcharge for any Service(s) at any time. For more information, please call 01 2531430.
6 Articles Which Are Unacceptable For Carriage By Freightspeed
6.1 Freightspeed reserves the right to reject any article(s) submitted by the Customer without assigning any reason whatsoever.
6.2 Freightspeed reserves its right to reject delivery, in the event that the written address of the recipient is deemed incomplete, illegible, incorrect, cannot be located, or does not conform to postal requirements.
6.3 Without prejudice to the generality of Clause 6.1 above, the Customer shall not despatch and Freightspeed reserves the right to refuse any articles that, in Freightspeed's sole and absolute discretion, are:
(i)prohibited by law, such as explosives, poisons, flammable items, radioactive material, compressed gas, corrosive, firearms and any items which by its nature or packing may expose officers of Freightspeed to injury or cause damage to other articles;
(ii)infectious and non-infectious perishable substances and radioactive materials;
(iii)with liquid content; or
(iv)coins, bank notes and other valuables.
6.4 The Customer is liable for any loss or damage suffered by any third party as a result of any breach of the terms set out in Clause 6.3 above.
6.5 By using the Services hereunder, the Customer warrants that the article submitted is acceptable for transportation. The Customer agrees that the following are deemed unacceptable for shipment:-
(i)articles classified as hazardous material, dangerous goods, prohibited or restricted by the International Air Transport Association (“IATA”), the International Civil Aviation Organisation (“ICAO”), Postal regulations, any applicable government department or other relevant organization;
(ii)if no customs declaration is made when required by applicable customs regulations; or
(iii)if Freightspeed determines that an article cannot be transported safely or legally (including but not limited to, animals, bullion, currency, bearer form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, human remains, pornography and illegal narcotics/drugs), liquids. The list of prohibitions on exportation can be obtained from www.Freightspeed.ie
6.6 The list of prohibitions on importation for different destinations may change from time to time and the Customer may obtain the said list by calling 01 2531430 or logging onto www.Freightspeed.ie for information.
6.7 Freightspeed may (but shall not be bound to) in its sole discretion, open and inspect for any reason the article, including but not limited to the verification of its contents at any time. Freightspeed shall charge the Customer the shipment charges according to the contents of the article discovered on such opening and inspection. The article is subject to customs clearance and inspection by customs or government authorities of the destination country.
8 Undeliverable and/or Rejected Shipments
8.1 Articles are delivered to the addressee’s address, Freightspeed Office or Offices as given by the Customer but not necessarily to the named addressee personally. Articles to addresses with a central receiving area will be delivered to that area. If the addressee refuses delivery or refuses to pay for delivery, or the article is deemed to be unacceptable, or it has been undervalued for customs purposes, or the addressee cannot be reasonably identified or located, Freightspeed shall use reasonable efforts to contact the Customer and agree on the appropriate action to take, failing which the article may be released, disposed of or sold by Freightspeed without incurring any liability whatsoever to the Customer or anyone else. The proceeds may be applied against any charges including but not limited to service charges and related administrative costs. The balance of the proceeds of the sale (if any) shall be returned to Customer. The Customer will be liable for costs incurred in forwarding, disposing of or returning the shipment and charges, including but not limited to storage charges, duties and taxes (if any) for making additional delivery attempts and/or for performing the agreed action to be taken.
8.2 For the avoidance of doubt, Freightspeed shall not in any way be involved or concerned with any claim for refund, return, rebate or exchange of any article. For all such articles the Customer or addressee shall deal directly with each other in respect of any refund, return, exchange, rebate and money-back guarantee policy and/or procedure at their own costs.
9 Freightspeed Online Booking Service
9.1 The Customer may request for Freightspeed to deliver an article through Freightspeed’s online booking portal www.Freightspeed.ie subject to the terms and conditions set out in the relevant website or as may be amended by Freightspeed at its sole discretion from time to time.
10 Retrieval of Proof of Delivery
10.1 Freightspeed may retrieve a copy of the Customer's proof of delivery, such proof to be in physical or electronic form, ("POD") upon the Customer's request provided that Freightspeed receives payment of €5.00* (or such amounts as may be amended from time to time by Freightspeed without notice) for every request and the article is sent within six (6) months of the date of the request. The processing time required for each request is at least five (5) working days.
Requests may be made via:
(i)Telephone by calling 01 2531430
(ii)Freightspeed's website www.Freightspeed.ie
10.2 Freightspeed shall use commercially reasonable efforts to retrieve PODs upon Customer’s request. However, such PODs may not be available for any reason, including but not limited to the inability to read the PODs which writing in not clearly visible
11 Limitations and Exclusions of Freightspeed's Liability
11.1 Notwithstanding Clause 3.1, the parties agree that Freightspeed’s liability for any loss of or damage to any article or its contents shall be limited to:-
(a) (i)for articles sent via Freightspeed Islandwide Services: a maximum amount of €50 per article or the declared value of the article, whichever is lower;
(b)All claims for loss or damage to the articles must be made:-
(iv)with respect to an article sent via Freightspeed Service: within fourteen (14) days from the date Freightspeed accepts the article;
failing which Freightspeed shall have no liability whatsoever. Such claims must be made in writing, accompanied by evidence in support thereof, including, amongst others, the original copy of the consignment note, supporting documents and relevant invoices or receipts to the reasonable satisfaction of Freightspeed, failing which the claim will be considered null and void. Please submit all claims to:-
Manager (Customer Relations)
11.2 Freightspeed shall not in any case be liable for:
(i)any indirect or consequential loss or damage (including but not limited to the loss of profits, business, anticipated savings);
(ii)any loss or damage arising from or in connection with :
a.its failure to perform any of its obligations hereunder if such failure is the result of circumstances outside its control including but not limited to the outbreak of war, any governmental act, explosion, accident, civil commotion, riot, industrial dispute, strike, lockout, stoppages or restraint of labour from whatever cause whether partial or general, weather conditions, traffic congestion, mechanical breakdown, obstruction of any public or private road or highway or any other force majeure, fire, flood or any other acts of God;
b.any defects in respect of the article, even if known to Freightspeed when Freightspeed had accepted it;
c.the Customer’s acts of omission, including but not limited to insufficient or improper packing, security or addressing;
d.any action or omission by anyone other than Freightspeed including but not limited to:
1. the Customer, as the sender of the article;
2. the addressee;
3. an interested third party;
4. customs or other government officials; and
5.the carrier or other third party contracted by Freightspeed to serve locations that Freightspeed does not serve directly. Freightspeed shall not be liable notwithstanding that the Customer unaware or does not ask about a third party arrangement.
e.electrical or magnetic damage to, or erasure of electronic or photographic images or recordings;
f.any loss of secrecy in communication arising from the use of the Service;
g.the hazardous, fragile or brittle nature of the mechanical derangement of the goods;
h.any consequences of delay or confiscation by any competent authority as a result of the discovery of prohibited contents; and
(iii)delay or non-delivery of the article arising from the detention of the article by the customs or any government authority of the destination country.
12 Enhanced Liability Coverage
12.1 If the Customer regards the limits under Clause 11 above as insufficient, the Customer may request for additional coverage for loss or damage to the article(s) by applying for Freightspeed’s enhanced liability coverage. Further information can be found on http://www.Freightspeed.IE subject to the terms and conditions as may be amended by Freightspeed at its sole discretion from time to time.
13 Data Protection
13.1 Customer represents, undertakes and warrants that:
a)Customer will, prior to disclosing any Personal Data to Freightspeed, ensure that the individuals and/or Customers, to whom the Personal Data relates, have validly provided consent, in accordance with the requirements of the Personal Data Protection Act, for the collection, use and/or disclosure of the Personal Data for the purposes for which Freightspeed intends, as indicated in this Agreement or as Freightspeed may have notified Customer in writing;
b)the individuals to whom the Personal Data relates, have validly provided clear and unambiguous consent, in accordance with the requirements of the Personal Data Protection Act, for Freightspeed or its data intermediaries to send Specified Messages (as the term is defined in the Personal Data Protection Act) to the individuals’ Ireland telephone number(s); and
c)it will use such form(s), document(s) or language as may be provided by Freightspeed from time to time to obtain consents from the individuals.
d)the Customer shall be deemed to be in breach of this Clause, if any consent obtained by the Customer is subsequently determined by any competent Court or authority to be invalid, save where the invalidity is solely due to any form(s), document(s) or language provided by Freightspeed.
14 Entire Agreement
14.1 The Agreement and the terms of carriage as set out in the consignment note for the relevant Service (hereinafter referred to as “Consignment Note Terms and Conditions”), as the same may be amended from time to time, shall constitute the entire understanding between the parties hereto and shall supersede and replace any prior agreements and negotiations related to the subject matter herein.
14.2 In the event that any of these terms and conditions is inconsistent with the Consignment Note Terms and Conditions, the Terms and Conditions of Freightspeed Services shall prevail.
15.1 Freightspeed reserves the right, in its sole discretion, to change, update, modify or amend any of the terms and conditions stated herein, from time to time, without any prior notice to the Customer and the Customer shall be bound to observe and comply with the terms and conditions herein and any amendments thereof. Further, it shall be the responsibility of the Customer to review the terms and conditions for any such changes, revisions, modifications or amendments and that your continued use of our Services constitutes your agreement to such updated terms and conditions.
16 Governing Law and Jurisdiction
16.1 This Agreement shall be subject to and construed in accordance with the laws of the Republic of Ireland and the parties hereby submit to the exclusive jurisdiction of the courts of the Republic of Ireland.
Please direct any questions you may have about these Terms, technical questions or problems with the Website, or comments or suggestions to Freightspeed at info@Freightspeed.ie or 01 2531430