1. DEFINITIONS

1.1 The following defined terms are used in these Terms:

Booking Confirmation means the rate card, email or other document issued by Us confirming the details of the parties to the Contract and the principal commercial terms.

Business Day means any day except a Saturday, Sunday or public holiday in England, when banks in London are open for business.

Charges means our charges payable by You for the supply of the Services as set out in the Booking Confirmation.

Claim means any claim or matter in respect of which We may incur Liabilities.

PUDO Point means a third party collection or pick up location, including, without limitation, a PUDO Point™.

Compulsory Legislation means an international legislation (including, without limitation, an international convention) or national law, which applies compulsorily to a Consignment or any part of the Services and which cannot be waived or departed from.

Consignment means all Goods that travel under one house airwaybill or consignment label from one Sender to one Receiver and which are packaged in one Parcel.

Contract means the contract between You and Us to provide Services which comprises of the (i) the Booking Confirmation and (ii) these Terms.

control means, in relation to any entity: a) the right to exercise, directly or indirectly, fifty per cent (50%) or more of the voting rights attributable to the management of that entity; and/or b) the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of that entity, and controls, controlled shall be interpreted accordingly.

Customs means any duly constituted legal or administrative persons or governmental agency, which exercises jurisdiction or has authority within any nation, state, municipality, port or airport and that is responsible for the administration and application of the laws relating to the importation, exportation, movement or storage of goods and the collection of duties and taxes, including (without limitation) HM Revenue & Customs.

Customs Clearances means the accomplishment of customs formalities in relation to the exportation or importation of Goods.

Customs Declarant has the meaning given to it 'A customs declarant is responsible for preparing and filing the necessary customs documents for the import or export of goods and for paying the required customs duties and taxes.'

Customs Duties means any customs duty, import and export taxes, duties, deposits, fines, imposts, levies and outlays of whatever nature levied by Customs in relation to a Consignment.

Dangerous Items means goods that are or may become dangerous, hazardous, noxious (including radioactive materials), inflammable, explosive or which are or may become liable to damage any property or person whatsoever. Details of some of these goods are listed on Our Website.

Goods means the goods in respect of which the Services are provided.

Law means any domestic or international law, regulation or statute of any federal, state or government or local government which is applicable to the Services and which includes any country from, to or through which the Consignment may be carried.

Liabilities means all liabilities, costs, damages, claims, proceedings, actions, orders, awards, fines, expenses, costs (including the costs of investigating and defending any claims) and any other losses and/or liabilities.

Order means a request for Us to provide shipping services.

Other Carrier means a carrier of parcels or mail including trucking and transporters, couriers, postal authorities, delivery agents, commercial and non-commercial aircraft.

Our Group means Us and any entity controlled by, controlling or under common control with Us.

Our Website means our website at www.weareprocarrier.com.

Parcels means parcels, packages, envelopes and other similar items.

Prohibited Items means any drugs, stolen goods, counterfeit goods, contraband and other illegal goods which are or may be prohibited for carriage, handling and/or storage by Law. Details of some of these goods are listed on Our Website.

Receiver means the person to whom You tell Us to send a Consignment.

Restricted Items means items which whilst not Prohibited Items are subject to regulation or restrictions such that We may choose not to handle, carry and/or store them. Details of some of these goods are listed on Our Website.

Sender means the sender of a Consignment (whether You or someone else).

Services means the shipping services that We offer as described in more detail in Our Website and which may include the following services: Pro Carrier Packet, Pro Carrier Post, Pro Carrier Plus, Pro Carrier Plus PUDO and Pro Carrier Express) and Customs Clearances as more specifically described in the Booking Confirmation.

Terms means these terms and conditions of carriage.

We, Us, Our means Pro Carrier, a trading name of DG International Group Limited, Company number 06956776, 98 Hornchurch Road, Hornchurch, Essex, United Kingdom, RM11 1JS.

You, Your means the person who places the Order and with whom We enter into the Contract.

2. INCORPORATION

2.1 Except where You and Us expressly agreed otherwise, Orders placed and/or Services performed by Us leading to a contract which is not expressed to be subject to these Terms are still subject to them.

2.2 No variation to these Terms shall be binding on Us unless set out in writing in the Booking Confirmation or otherwise agreed to in writing by one of Our directors.

2.3 Our employees, sub-contractors and/or agents are not authorised to make any representations or warranties concerning the Services unless confirmed by one of Our directors in writing.

3. ORDERS

3.1 Quotes provided in response to an Order are only valid for 30 days or such other period as they may state. We may withdraw them during this period by notice. Quotes are only legally binding offers if they state that they are. Booking Confirmations are legally binding.

3.2 You are responsible for the accuracy of each Order and for giving Us all the information which We require to perform the Contract and for the accuracy of such information.

4. SERVICE RESTRICTIONS

4.1 We are not obliged to handle (and You will ensure We are not asked, or caused, to handle, carry or store) Dangerous Items or Prohibited Items. We are not obliged to handle, carry or store Restricted Items unless We agree in advance to do so in writing.

4.2 If We become aware that any Consignment constitutes, or includes, any Dangerous Items or Prohibited Items, or any Restricted Items in breach of clause 4.1, then We (or any other person in whose custody they may be at the relevant time) may without notice to You and without liability to You, dispose of it or deal with it as We see fit at Your expense and risk, or require You to do so. In such circumstances, We may retain and/or be paid the Charges as if the Consignment had been delivered.

4.3 We do not want to be associated with counterfeit goods and upon suspicion of such goods being imported, Customs and the brand owner may be informed. It is prohibited in many countries to introduce counterfeit goods and where proven the Customs authority will seize the goods and penalise You or the Receiver.

4.4 We will not deliver Consignments to PO boxes or British Forces Post Office numbers.

4.5 We will deliver the Consignment during normal working hours to:

4.5.1 the Receiver’s address as given by You, but We are not obliged to deliver it to the named Receiver personally and we may deliver the Consignment to any person at the Receiver’s address; or

4.5.2 in accordance with instructions from the Sender or the Receiver, a safe place, an alternative address or a Collection Point; or

4.5.3 unless the Sender or the Receiver has expressly notified Us otherwise, an address which is close to the Receiver’s address; or

4.5.4 a depot of Our choosing for collection by the Recipient or a person authorised on the Recipient’s behalf to collect the Consignment from such depot, if We are not able to deliver to any of the above locations

and transit of the Consignment shall be deemed to have ended at the time of delivery to any of the above locations or depot.

4.6 Consignments to addresses with a central receiving area will be delivered to that area.

4.7 You acknowledge and agree that we may notify the Receiver of an upcoming delivery or a missed delivery. The Receiver may be offered alternative delivery options such as delivery on another day, no signature required, redirection or collection at a Collection Point. The Sender has the option to exclude some delivery options on request.

4.8 If (i) We deem a Consignment to be unacceptable, (ii) a Consignment has been undervalued for Customs purposes, (iii) the Receiver cannot be reasonably identified or located, (iv) the Receiver refuses delivery or to pay Customs Duties or other Consignment charges, or (v) if the Consignment is not collected within seven (7) days of delivery to a depot in accordance with clause 4.5.4, We shall use reasonable efforts to return it to You at Your cost. However, if We are unable to do so the Consignment may be released, disposed of or sold without incurring any liability whatsoever to You or anyone else, with the proceeds applied against any unpaid Customs Duties, Charges and related administrative costs with the balance of the proceeds of a sale to be returned to You.

4.9 We may destroy any Consignment which any Law prevents Us from returning to You without notice to You and without liability to You.

5. PERFORMANCE

5.1 We shall perform the Services with a reasonable degree of care and diligence.

5.2 We have the unfettered right to determine the route and the mode of transport which is to be used for each Consignment and procedure to be followed in the performance of the Services.

5.3 We may make changes to the manner in which We deliver the Services as required from time to time by Law, applicable safety requirements or manufacturing requirements provided that they do not have a material adverse effect on the quality and/or performance of the Services.

5.4 We may comply with a request from You to postpone performance of the Services but are under no obligation to do so. If performance is postponed by You then You will still be liable for the Charges plus for any additional costs that We incur as a consequence.

5.5 We will use Our reasonable commercial endeavours to ensure performance of the Services on any dates specified but they are estimates only and are not guaranteed. Time is not of the essence in relation to any such dates.

5.6 We have full liberty to perform the Services Ourselves or to subcontract on any terms whatsoever some or all of the Services to Other Carriers. In such circumstances, the Other Carrier’s may have additional terms and conditions which We may choose to incorporate into the Contract, and You shall be subject to them. We will tell You where that is the case.

5.7 We are not liable for a delay in performing, breach of or failure to perform any of Our obligations which is directly or indirectly caused by an official or unofficial industrial action, sabotage or dispute (in each case, whether or not relating to Our workforce), blockade, shortage of, or inability or delay in obtaining fuel, supplies, labour, materials or services, any act of government or statutory authority, the effect of Brexit, changes in law, war, terrorist act, social commotion, extremes of weather, flood, road closures, accident, illness, epidemic, pandemic, fire or act of God or any event, circumstance or cause which is beyond our reasonable control.

6. YOUR RESPONSIBILITIES

6.1 You represent and warrant that:

6.1.1 You are either the owner of the Goods or the authorised agent of the person owning or entitled to possession and/or control of the Goods, and You are authorised to contract with us on the terms of the Contract;

6.1.2 any information or documentation provided to Us by You or on Your behalf (including pursuant to clause 6.3) is complete and accurate;

6.1.3 all Parcels are adequately packed and labelled otherwise we may refuse to handle them; and

6.1.4 You have obtained all of the necessary licences or permits for the transportation, exportation, importation or handling of the Goods as are required by Law.

6.2 Details of packaging and labelling requirements can be found on Our Website.

6.3 You will promptly provide Us with such information, execute all documents and do all acts and things required in order to enable Us to:

6.3.1 arrange and safely perform the Services; and

6.3.2 comply with all Laws.

6.4 We (or any other person in whose custody the Goods may be at the relevant time) may open and inspect, and scan by means of x-ray, a Consignment without notice for safety, security, by order of Customs or other regulatory reasons and We shall not be liable for any loss or damage incurred as a result of any opening, unpacking, inspecting or repacking, and We shall be entitled to recover the cost of such opening, unpacking, inspecting, and repacking from You.

7. CUSTOMS CLEARANCES AND ASSOCIATED DOCUMENTS

7.1 We may perform any of the following Customs Clearances either on Your or the Receiver’s behalf in order to carry out the Services: (1) complete any documents, amend product or service codes, and pay any Customs Duties required under Law, (2) act as Your forwarding agent for customs and export control purposes and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry and (3) redirect a Consignment to Receiver’s customs broker or other address upon request by any person who We reasonably believe to be authorized.

7.2 You agree to be bound by Annex 1 to the Terms in relation to Customs Clearances. Annex 1 also applies if You are IOSS (as defined in Annex 1) registered within the European Union for the presentation of Your Consignments not exceeding €150 (LVC as defined in Annex 1) to the Customs.

8. CHARGES AND PAYMENT

8.1 You shall pay the Charges. Our Charges exclude VAT unless stated otherwise.

8.2 For undelivered items where it is possible to have them returned You will be charged at the same rate as the outbound charge plus any additional handling charges passed to us by our carriers plus the cost of repatriation to your premises.

8.3 For undelivered returns you may be require You to sign a Returned Goods Relief agreement to allow us to return undelivered Consignment into the UK without incurring Customs Duty on the returned Goods.

8.4 Certain Charges are calculated according to the higher of actual or volumetric weight per piece and any piece may be re-weighed and re-measured by Us. The calculation We use to determine volumetric weight is: Length x height x width divided by 5000.

8.5 You are responsible for all Customs Duties relating to the Goods. We may require You to pay Customs Duties before delivery. If We use Our credit with Customs or the Customs Declarants advances any Customs Duties on behalf of a Receiver who does not have an account with Us, We may apply an administration fee calculated in accordance with Annex 1.

8.6 We may increase the Charges at any time on notice to you to take account of increases in our costs, expenses and/or materials that we incur or are expecting to incur to perform the Services.

8.7 We also may levy a surcharge if We are required to perform additional work because of any request by You to change the Services or Our other duties under the Contract, any delay caused by Your, the Sender’s or the Receiver’s instructions or lack of them including Your failure to give Us adequate or accurate information or instructions or if the Services become harder to perform because of circumstances outside our control.

8.8 In the event we must correct data We reserve the right to charge the following: 1) If the data can be auto fixed then we reserve the right to charge a fixed fee of £0.21p per call out. 2) If the data still cannot be fixed and we have to manually fix your data we reserve the right to charge £1.50 per fix per Consignment.

8.9 Our standard payment terms are seven days from Our invoice date. Any departure from those terms requires the prior written approval of one of Our directors.

8.10 Subject to clauses 8.14 and 8.15, You shall pay all sums due to Us free and clear from any deduction (in respect of banking charges or otherwise), without any set-off, deduction, counterclaim and/or any other withholding of monies.

8.11 Payment shall not be deemed to be made until We have received either cash or cleared funds in respect of the full amount outstanding.

8.12 If payment in full is not made to Us when due then We may, without prejudice to any other rights or remedies We may have, withhold or suspend future or current performance of the Services in accordance with clause 11.1.1 and performance under any other agreement with You.

8.13 We may set a credit limit for You. Changes in Your credit limit will be notified to You from time to time. We may refuse to accept a Consignment and/or to suspend the Services if not doing so would result in You exceeding Your credit limit or the credit limit is already exceeded.

8.14 Invoice Queries should be raised within 7 days of receipt of invoice to procarrierinvoices@weareprocarrier.com. In the event the query raised relates to a bona fide disagreement on reasonable grounds with the amount of, or any amounts within, any of Our invoices, You shall pay the amount of the invoice payable and not disputed and You and Us shall endeavour to resolve the dispute as soon as possible.

8.15 Direct Debit. Any genuine bona fide invoice query raised in accordance with clause 8.14 means that if requested We can pause a Direct Debit being taken if timescales allow Us to do so. Any cancellation of a Direct Debit by You will result in an administration charge of £250 being applied per cancellation.

8.16 Interest on late payment. The Late Payment of Commercial Debts (Interest) Act 1998, as amended, shall apply to all sums due from You.

9. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY

9.1 Nothing in the Contract shall transfer from one party to the other any intellectual property rights owned by or licensed to it or developed by or on behalf of it.

9.2 Any intellectual property rights which come into existence as a result of the supply of the Services or which relate to the manner in which they are performed shall belong to Us.

9.3 Each party agrees with the other that it will keep all confidential business information regarding the other party confidential and not disclose or use such information which may be disclosed to it or which it may learn except where such information is public knowledge or it is required to be disclosed by Law.

10. DATA PROTECTION

10.1 We both will comply with all applicable requirements of the Data Protection Legislation (which for these purposes means all Law relating to the use of personal data and the privacy of electronic communications). Our privacy policy is available on Our Website. You must read it and comply with it where applicable to You.

10.2 If the Services require that You make Personal Data (as defined in the Data Protection Legislation) available to Us You will ensure that You have all necessary appropriate consents and notices in place to enable the lawful transfer of such Personal Data.

10.3 Our GDPR policy can be found on our website under Useful Information.

11. CANCELLATION

11.1 Without prejudice to any other rights or remedy we have, We may suspend our performance of the Contract and/or terminate it if:

11.1.1 You fail to make any payment to Us when due (save where You have raised a genuine bona fide query in relation to an invoice in accordance with clause 8.14);

11.1.2 You breach the terms of the Contract and, if the breach is capable of remedy, have not remedied the breach within 14 days of receiving notice requiring the breach to be remedied;

11.1.3 You take any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with Your creditors (other than in relation to a solvent restructuring), applying to court for, or, obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of Your assets or ceasing to carry on business or if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;

11.1.4 You suspend or ceases, or threatens to suspend or cease, carrying on all or a substantial part of Your business; or

11.1.5 Your credit rating is not financially inadequate to meet Your obligations under the Contract, and

in such circumstances, all monies owed by You to Us shall become immediately due.

11.2 We shall have a general lien on the Goods and any documents relating thereto, funds held and any other goods in respect of which We are providing Services or which come into Our possession or control or the possession or control of a member of Our Group (Other Goods) and any documents relating thereto for all sums whatsoever due at any time to Us under this Contract, or otherwise. We shall also have a general lien against You on the Goods and any documents relating thereto, funds held and Other Goods and any documents relating thereto for all sums due from You to Us or any member of Our Group or both under any other contract. We may exercise Our lien at any time and at any place in Our sole discretion, whether the Services are completed or not and with or without notice. In any event any lien shall:

11.2.1 survive the delivery of the Goods and/or the Other Goods; and

11.2.2 extend to cover all cost and expenses of exercising its lien (including any costs incurred in enforcing and preserving its lien (including storage charges) and in recovering or attempting to recover any sums due from You).

11.3 To enforce and satisfy Our lien, We shall have the right, at Your expense, to sell the aforementioned Goods, Other Goods and documents by public auction or private treaty, without notice to You and without any liability towards You.

12. CLAIMS PROCESS, LIABILITY AND INDEMNITY

12.1 In the event of loss to, damage, destruction or mis-delivery of the Consignment, Our liability shall be determined and limited in accordance with the remainder of this clause 12 unless any Compulsory Legislation applies to any of the Services, in which case Our liability in relation to that part of the Services shall be determined and limited in accordance with the provisions of such Compulsory Legislation.

12.2 Any Claim shall be made in writing and notified to Us within fourteen (14) days of the date upon which You became, or ought reasonably to have become, aware of any event or occurrence alleged to give rise to such Claim, and any Claim not made and notified as aforesaid shall be deemed to be waived and absolutely barred, except where You can show that it was impossible for You to comply with this time limit, and that You have made the Claim as soon as it was reasonably possible for You to do so. Notwithstanding the foregoing provisions, We shall in any event be discharged of all liability whatsoever and howsoever for Claims, unless suit is brought and written notice thereof given to Us within nine months from the date of the event or occurrence alleged to give rise to a cause of action against Us.

12.3 You may only make one claim per Consignment.

12.4 Any settlement of a Claim is full and final as to all Liabilities in connection with it and the Consignment to which it relates.

12.5 Claims may not be made (and We have no liability for) for any Consignment that includes Dangerous Items, Prohibited Items, Restricted Items or any other item we have refused to carry.

12.6 As regards Claims for damage, the original packaging must be retained, and photographic evidence of the damage must be provided. If the type of packaging is deemed as inappropriate and/or fails to comply with Condition 6 the Claim will be rejected.

12.7 Claims must be accompanied by (a) an invoice showing the price You paid for the Consignment to which the Claim relates, and (b) written evidence of how it is alleged that We are liable together with written details of how the loss was caused by Us and the steps You have taken to mitigate the loss.

12.8 Loss or damage to Consignments

12.8.1 We shall have no liability for Consignments which are lost, damaged, destroyed or mis-delivered unless the same arose as a consequence of our negligence or wilful misconduct. Our liability under this clause is limited to the value of the Consignment up to a maximum of the following limits for each category of Services:

12.8.2 Limits on liability:

(a) Pro Carrier Packet = £20 per Consignment

(b) Pro Carrier Parcel Post = £50 per Consignment

(c) Pro Carrier Parcel Plus & Plus PUDO = £50 per Consignment

(d) Pro Carrier UK = £25 per Consignment

(e) Pro Carrier Express = £50 per Consignment

(f) Other Services = £20 per Consignment

12.8.3 For the purpose of this clause, value shall mean the invoice price You paid for the Goods, or in the case of damaged Goods, the reduction in value based on the invoice price.

12.9 If You require a greater level of liability than the limits set out in clause 12.8 then We may agree to modify such limits subject to You paying of the additional charge for the Services.

12.10 We shall have no liability to You whatsoever and howsoever in respect of any Claim to the extent that You are covered by an insurance policy and You shall ensure that Your insurers do not have subrogation rights to bring Claims against Us. Without prejudice to the foregoing, if We are nevertheless held liable, Our liability shall be determined and limited in accordance with this clause 12.

12.11 Delay

12.11.1 Unless otherwise expressly agreed in writing and subject to any Compulsory Legislation, We do not undertake that the Consignment shall depart, arrive, or be available on particular dates or take a particular route.

12.11.2 If, notwithstanding clause 12.11.1, We are nevertheless found liable for delay, Our liability shall in no circumstances exceed the amount of the Charges in respect of the relevant Consignment.

12.12 Customs Clearances. We shall not be liable for any matter which arises under or in connection with the Customs Clearances, their performance or any delay or failure in performance of the Customs Clearances unless such matter arises as a result of Our negligence or wilful misconduct and Our maximum liability in respect the same shall be limited to Charges paid for the Customs Clearances to which the Claim relates.

12.13 Nothing in the Contract shall exclude or limit Our liability for death or personal injury due to Our negligence or any liability which is due to Our fraud or any other liability which it is not permitted to exclude or limit as a matter of law.

12.14 Notwithstanding any other provision of this Contract, but subject to clause 12.13 and any Compulsory Legislation, Our liability in respect of all claims, losses or damages, whether arising from tort (including negligence), breach of contract, breach of statutory duty or otherwise under or in connection with the performance, or any failure or delay in performance, of the Services shall be limited so that:

12.14.1 We shall have no liability for any loss of profit, loss of sales, loss of business, loss of goodwill or reputation, third party claims (in each case whether direct or indirect) or for any indirect or consequential loss;

12.14.2 Our maximum aggregate liability for all matters which arise out of in connection with the Services (including, without limitation, under clause 12.12 (Customs Clearances), but excluding any liability under clause 12.8 (Liability for Loss or Damage to Consignments) will be limited to the Charges paid for the Service to which the claim relates.

12.15 Save as set out in clauses 12.8 (Liability for Loss or Damage to Consignments) and 12.12 (Customs Clearances), We shall not be liable for any loss, destruction, mis-delivery of or damage to the Goods or for any loss or damage arising out of or in connection with the provision of (or failure to provide or delay in providing) Customs Clearance. Having regard to the nature of the Service and the availability to the parties of suitable insurance, the parties have agreed that the risks respectively borne by them in relation to loss of, damage to or destruction of Goods or Customs Clearance are reasonable.

12.16 You shall promptly indemnify Us against Liabilities howsoever assumed, incurred or suffered by Us, Our subcontractors (including without limitation any Customs Declarant) or any member of the Our Group, or their respective employees, servants, agents, insurers or reinsurers, as a result of or in connection with any of the following:

12.16.1 any breach by You of any of the warranties or undertakings given, or obligations undertaken, by You under the Contract, including (without limitation) any breach of clauses 4 and/or 6;

12.16.2 false, erroneous or misleading information or document communicated to Us in relation to the Customs Clearances (including without limitation for any Customs Duties paid or payable to Customs);

12.16.3 any cause arising from or with respect to the Goods (including without limitation Dangerous Goods, Prohibited and Restricted Goods) for which We are not responsible;

12.16.4 Our becoming liable to any other party (including liability for Customs Duties arising (whether directly or indirectly) out of, or in connection with, the provision of the Services which might arise for any reason, whether or not through Our, or the Customs Declarants’ breach, fault or neglect) and/or incurring additional costs by reason of Us carrying out Your instructions;

12.16.5 Us incurring liability in excess of its liability under the provisions of the Contract regardless of whether such liability arises from, or in connection with, a breach of contract, negligence, wilful misconduct or breach of duty by Us, any member of the Our Group or their respective agents, servants or sub-contractors (including without limitation the Customs Declarants).

12.17 You and Us agree that for the purposes of Us enforcing and pursuing a claim under clause 12.16, the losses, damages, liabilities, costs and expenses of Our sub-contractors (including without limitation any Customs Declarant) and/or any member of Our Group (and their respective employees, servants, agents, insurers or reinsurers) suffered as a result of any of the matters listed in clause 12.16 shall be deemed to be Our losses, damages, liabilities, costs and expenses in relation to such enforcement action and claim.

13. GENERAL

13.1 No waiver by Us of any breach of the Contract shall be considered as a waiver of any subsequent breach of the same provision or any other provision.

13.2 This Contract (i) comprises the entire agreement between the parties with respect to the provision of the Services and any representations or statements whether made orally or written elsewhere are hereby excluded, provided that this clause shall not exclude or limit any liability or any right which any party may have in respect of pre-contractual statements made or given fraudulently; (ii) hereby excludes, to the fullest extent permitted, all conditions, warranties or other terms implied or expressed by applicable law; and (iii) supersedes all previous agreements and arrangements between the parties with respect to the provision of the Services.

13.3 If any provision of the Contract is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract shall be unaffected and shall remain in full force and effect.

13.4 You shall not assign Your interest in the Contract (or any part) without Our written consent.

13.5 Except for terms, rights, defences, provisions, limitations and indemnities contained in the Contract benefitting Us, which may be enforced by any member of Our Group and any of Our sub-contractors (including Customs Declarants) in accordance with the Contract (Rights of Third Parties) Act 1999, a person who is not a party to this Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract. The rights of either of You and Us to agree to rescind, amend or otherwise vary or to waive any of provisions of the Contract or to settle any dispute or other matter arising out of or in connection with the Contract on such terms as You and Us shall in our absolute discretion think fit shall not be subject to the consent of any member of our Group or any of Our sub-contractors (including without limitation the Customs Declarants) .

13.6 This Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter shall be construed in accordance with and governed by English Law and parties each irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter.

Prohibited Items Prohibited items include (without limitation): Animal trophies, animal parts and furs including ivory, shark fins, animal ashes and remains, animal by-products and derived products not intended for human consumption. Antiques, works of art and fine art. Banderols/tax stickers. Batteries – damaged or defective. Batteries – loose, of any type – including but not limited to power banks, USB chargers and common household batteries. Bullion (of any precious metal). Cash (legal tender – bank notes, currency notes and coins) and travellers cheques. Cigarettes, cigars, tobacco products and electronic cigarettes. Clinical and/or biological samples (including but not limited to bodily fluids and tissue samples). Clinical testing kits, new or used. Commemorative coins and medals with an individual or total Consignment value in excess of £2000. Counterfeit goods in breach of Intellectual Property Rights (IPR). Electronic cigarettes. Electronic devices, more than 2 mobile phones, laptops and other small electronic items. You can send a maximum of 2 devices per box. The batteries must be contained within the devices. Devices should be packed to minimise movement, so as to avoid short circuit or unintentional activation. Firearms, ammunition, and explosives including explosive devices, inert explosives and test pieces, air guns, toy guns, tasers, replica and imitation firearms and all firearm parts. Flowers/plants. Furs. Human remains or ashes in any form. Illegal goods, such as narcotics. Jewellery, costume jewellery, watches and objects constructed of precious metal and/or stones with a total Consignment value over £4,000. Live animals including insects, larvae and pupae. Loose precious and semi-precious stones (cut or un-cut, polished or un-polished). Nail polish – please contact account manager for additional information. Party poppers and Christmas crackers. Pornography (whether in printed, film or digital format). Power banks. Used car parts and engines – only acceptable if all steps have been taken to nullify hazardous residues.

Restricted Items The following items will NOT be accepted for carriage unless otherwise agreed to by Us. To obtain such agreement a business case will need to be conducted by Us and the items approved for carriage will be agreed in writing with You. Dangerous/hazardous goods including but not limited to perfumes and aftershaves including eau de parfum and eau de toilette, aerosols, flammable substances, dry ice, biological substances, UN classified dangerous goods and any goods specified as such under International Air Transport Association regulations (IATA), the Agreement on Dangerous Goods by Road (ADR) or International Maritime Dangerous Goods (IMDG) regulations. Medicinal cannabis Alcohol

Items requiring FDA approval include (without limitation) Dietary supplements and dietary ingredients. Infant formula (baby food). Beverages including alcoholic beverages and bottled water. Fruits and vegetables. Fish and seafood. Dairy products and shell eggs. Raw agricultural commodities for use as food or components of food. Canned and frozen foods. Live food animals. Bakery goods, snack foods, sweets and chewing gum. Animal feed and pet food. Pharma products.