Mission Despatch Limited – TERMS & CONDITIONS (Business Customers)

These are the terms and conditions on which we supply courier services to you. These terms tell you who we are, how we will provide our services to you, what to do if there is a problem and other important information. Please read these Terms and Conditions with care, as they are the basis of any contract between us for the provision of our services.

Your attention is drawn in particular to the following clauses:

Clause 2.5 (which states that you will be responsible for any additional charges as set out in our Charging Guide)

Clause8.3 (which makes it clear that we cannot guarantee delivery times)

Clauses 9 and 10 (which set out important limits on the extent of our liability to you).

1. Definitions and Interpretation

Booking means the website form completed by the Customer, or the instructions from the Customer provided by telephone or email, containing the Customer's details, the services to be provided includingdetails of the Consignment, collection address, collection time, destination address, Receiver and delivery time.

Carrier means Mission Despatch Limited (a company registered in England and Wales under number 5441200) whose registeredoffice is at Unit 8 Brentford Business Centre, Commerce Road, Brentford, Middlesex, TW8 8LG; which expression shall, where the context allows, include its employees, agents and sub-contractors.

Customer means any individual, firm, body corporate, an incorporated association, or any other body including the Customer'sservants or agents who contracts for the services of the Carrier and any other carrier who gives a Consignment to the Carrier forcarriage.

Consignment means any item or items the Carrier carries for the Customer at one time in one load or from one address to another including any packaging.

Receiver means the person, company or organisation to whom the Carrier contracts to deliver the Consignment, including any employee or agent of such person, company or organisation.

Subcontractor meansany person, persons or business with whom the Carrier contracts within order to assist in full or in part with the deliveryof a Consignment.

2. General

2.1. All of the terms expressed or implied by statute or otherwise are excluded to the fullest extent permitted by law.

2.2. It is hereby declared that any subcontractor of the Carrier and the servants and agents of the Carrier are third parties to this contract within the meanings of the Contracts (Rights of Third Parties) Act 1999 and shallbe entitled to enforce the same accordingly.

2.3. The Terms and Conditions together with the Booking supersede any previous agreement or understanding between the parties and may not be varied unless a director of the Carrier agrees in writing.No servant or agent of the Carrier is permitted toalter or vary the Terms and Conditions in any way.

2.4. These Terms and Conditions together with the Carrier’sPrivacy Policy, any Booking and payment method instructions, if any, are the whole agreement between the Customer and the Carrier. The Customer acknowledges that they have not entered into thisagreement in reliance upon any statement, warranty or representation made by the Carrier or their agents or subcontractors that are not included within the Terms and Conditions, Privacy Policy, Booking and payment method instructions (save for email or other written communication from a company Director).

2.5. Note that certain additional items are not comprised within the charge specified in the charges for delivery of the Consignment. Additional charges for matters such as waiting time, congestion charge, additional stops or collections, and cancellation charges are specified in the Carrier’s Charging Guide. For the avoidance of doubt, these Terms and Conditions should be read in conjunction with the charging guide and the list of restricted and prohibited items which all form a part of these Terms and Conditions (click here for Charging Guide).

2.6. Where a Booking is made on a “Next Day” or “Overnight” basis, this means that the Carrier’s subcontractor has been instructed to deliver the Consignment by the end of the first Business Day following the date of acceptance of the instruction by that subcontractor. Next Day does not mean that the Consignment is guaranteed by Carrier to arrive by the end of the next Business Day.“Business Day” means a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

2.7. The Carrier may record any telephone calls with the Customer for the purposes of maintaining its customer service quality, training its staff, and for record-keeping of any Booking made by telephone

3. Authority

3.1. Employees, agents and officers of the Carrier have no authority to make oral orwritten representations, warranties orpromises about the Carriers business or services which are inconsistent with these Terms and Conditions and the Customer waivesall rights which may otherwise arise in relying upon the same.

3.2. In the matter of conflict between these Terms and Conditions and any promotional brochures or other material of the Carrier,these Terms and Conditions shall prevail.

3.3. The Carrier may at its absolute discretion without liability and without giving reasons refuse to accept any booking or cancel a booking on inspecting the goods to be collectedand will not be held liable for any losses that may arise through such refusal.

3.4. The Customer represents, warrants and undertakes that it is authorised to accept and accepts these Conditions not only for itself but also for all other persons who are or may subsequently become interested in the goods, and that it is the owner or authorised agent of the owner of the Consignment.

4. Subcontracting

4.1. The Carrier may subcontract all or any part of its business without notice to the Customer.

4.2. The Carrier contracts for itself and its subcontractors.

4.3. Notwithstanding paragraph 4.2the carriage of goods in any Consignment by rail, sea, inland waterway or air is arranged by theCarrier as agent for the Customer and shall be subject to the Terms and Conditions of the rail, shipping, inland waterway or aircarrier contracted to carry the Consignment. These terms are available on request.

5. Customer's Obligations

5.1. The Customer promises that the Consignment will be sufficiently securely and properly packed and labelled in accordance with the Carrier’s Packaging Guidelines so as to be fit tobe safely stored or carried by road, air, rail or sea so as to withstand mechanical handling at sortation hubs and will comply with all statutory or other regulations for carriage by road, air, rail or sea as may be enforced from time to time.

5.2. The Customer agrees that it will not ask the Carrier to carry any item on its list of Prohibited Goods. The Customer warrants that the Consignment does not comprise or include: weapons; ammunition; controlled drugs (withinthe meaning of the Misuse of Drugs Act 1971 or any statutory amendments or substitutes for that Act); industrial chemicals;unlawful, noxious, dangerous, hazardous, inflammable or explosive items of any kind; or any items which may not otherwise becollected, carried, stored or otherwise possessed, delivered, exported or imported from or into any country, region or place withoutdeclaration, licence or other permission from any statutory regulatory body. If such a Consignment is passed to the Carrier, theCustomer shall be liable for all loss or damage whatsoever and howsoever caused by, to or in connection with goods described inthis clause and the Customer will indemnify and hold harmless the carrier against all fines, penalties, actions, claims, damages,losses, costs and expenses whatsoever, and howsoever arising in any jurisdiction in connection therewith. Without prejudice to anyof the Carriers other rights contained in these Terms and Conditions, goods set out in this clause may be destroyed, abandoned,released, surrendered or otherwise dealt with at the sole discretion of the Carrier, or by any other person in whose custody they maybe at the relevant time, without liability on the part of the Carrier to the Customer.

5.3. If the Customer has an account with the Carrier, the Customer shall be required to quote the account number and the Carriershall assume that any person who correctly quotes the Customer name and account number has authority to make the booking onbehalf of the Customer. The Customer is responsible for safeguarding the account numbers,passwords and online account login details and shall be liable for any bookingsmade by such persons whether or not they are authorised.

5.4. The person placing the order is responsible for the information entered at the time of booking. The Carrier will not be held responsible for wrong information entered and no refunds will be given in this instance.This information can be checked on receipt of the Customer’s automatic booking confirmation. The Customer acknowledges that it should contact the Carrier if any such confirmation is not received.

5.5. When sending goods outside of the European Union or importing goods into the UK,the Customer is required by law to provide an invoice for Customs listing items being sent, the replacement value of the goods and the reason for export. At the request of the Customer, the Carrier can complete this documentation on the Customer’s behalf, however only if the value of the Consignment does not exceed £50. The Carrier will not accept any liability for losses, fines, destruction of goods or delays where a Customer has made a false or incorrect declaration.

6. Fees and Payments for the Service

6.1. Quotes are based on information provided. Additional charges may apply to bookings in certain circumstances as detailed in the Charging Guide ( click here).The Carrier's charges will be made in accordance with:

6.1.1. any variant tariff agreed with the Customer in writing, as such customer-specific tariff may be varied at any time by notification by Carrier to Customer by email; or, if no such tariff has been agreed,

6.1.2. its standard tariff in effect at the time the Booking is accepted, which is available on request.

6.2. Any quotes given by the Carrier to the Customer are non-binding unless confirmed in writing/email in which case it shall remain open for instruction by the Customer for a period of seven days,unless withdrawn, revoked or varied by the Carrier prior to instructions. New instructions of a Customer, whether by Bookingor otherwise, shall constitute an offer by the Customer to the Carrier to enter into contractual relations with it and suchinstructions, once accepted by the Carrier, shall give rise to a binding contract between the parties governed by these Terms andConditions.

6.3. If the Customer at any time after placing a booking wishes to cancel or vary his instructionsor make it impossible for the Carrier to perform his obligations, then the Customer will be responsible for paying a cancellation charge as specified in the Charging Guide to compensate the Carrier for any reasonable costs they have incurred at this point.

6.4. If the Carrier has agreed to provide account facilities to a Customer, charges accrued under that account shall be paid within 30 days of the invoice date.The Carrier may terminate account facilities for any Customer at any time in its absolute discretion. On termination of any account facilities, the Customer shall pay to the Carrier all outstanding charges which are owed as at the date of termination.

6.5. If payment is not made by the due date the Carrier shall be entitled to, without limiting any other rights it may have,charge interest on the outstanding amount (both before and after any judgment) at the rate of 5% above the base rate of Bank of England from the due date until the outstanding amount is paid in full.

6.6. Upon termination of a Customer account any sums due become immediately due and payable.

6.7. Unless stated otherwise all charges quoted are exclusive of value added tax and Customs charges.

6.8. All sums due to the Carrier shall be paid without deduction, set off or abatement and the Customer shall not hold or deferany payment on account of any claim or counterclaim and acknowledges that any such claim or counterclaim whatsoever by theCustomer against the Carrier must be subject to separate proceedings.

6.9. Any queries as to the correctness of any invoice must be made in writing within fourteen days of the invoice dateotherwise it will be payable in full.

6.10. In the event that the Customer does not hold an account with the Carrier, the Customer may purchase services by way of creditor debit card. The Carrier reserves the right to obtain validation of the Customer's credit or debit card details (or verify theauthenticity) before providing the Customer with any services.

6.11. All amounts due under this agreement 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).

6.12. In the event that Consignments are not packaged in accordance with clause 5.1above, and as a result other goods, or the vehicle used to transport the Consignment, are damaged or soiled as a result, the Customer shall reimburse the Carrier in respect of any loss suffered as a result (including any liability owed to the owner or consignor of any damaged or soiled goods).

7. Customs, Exports and Imports

7.1. The Carrier may perform any of the following activities on the Customer's behalf in order to provide its services to theCustomer:

7.1.1. complete documents, products or service codes and pay any duties or taxes required under applicable laws and regulations;

7.1.2. act as the Customer forwarding agents for Customs and export control purposes;

7.1.3. act as receiver solely for the purpose of designating a customs broker to perform customs clearance; and

7.1.4. redirect the shipment to the Receiver's import broker or other address upon request by any person who is or the Carrier believes in itsreasonable opinion to be authorised.

7.2. Consignments that exceed a certain value may be delayed as they will require further documentation for clearance. TheCarrier is not liable for any such delay and any losses arising therefrom.

7.3. Any statement made by the Carrier relating to the estimated time of delivery is advisory only and cannot be relied upon given the number of factors outside of the Carrier’s control in effecting such deliveries.

7.4. Where the Carrier is requested to collect from, or deliver a Consignment to, a country outside of the United Kingdom the Carrier’s terms of liability (subject to clause 7.5below) shall be governed by the relevant provisions of the Convention on the Contract for International Carriage of Goods by Road as set out in the Schedule to the Carriage of Goods by Road Act 1965 (as amended) and, in particular, articles 17 onwards and those provisions shall be deemed to be incorporated into any booking and will apply in place of any inconsistent terms within theseTerms and Conditions. The Carrier can provide a copy of these provisions if requested, but even if these are not requested the Customer will be deemed to have read, understood and agreed to them and their incorporation into the booking.

7.5. If the carriage of any Consignment occurs by air travel and involves stopping in a country other than the country of departure then the Montreal Convention as amended shall be generally applicable to such part of the carriage as occurs by air and, in particular, the Carrier’s maximum liability in respect of loss of or damage to any such Consignment during air travel shall be limited to the amount set out in the Montreal Convention.

7.6. The Carrier shall not be responsible for any local customs charges, import taxes or duties or any similar charge(s) incurred through carriage and/or delivery of any Consignment and the Customer must satisfy themselves as to whether any of these charges will become due and, if so, in what amounts before completing a booking with the Carrier. If any such charges become due as a result of carriage and/or delivery of a Consignment on the Customer’s behalf and are charged to the Carrier by any competent authority the Customer agrees to reimburse the Carrier fully in respect of the same within 7 days of the Carrier’s demand.

8. Delivery

8.1. The Carrier shall in accordance with instructions set out in the Booking (or subsequently agreed with Customer) collect the Consignment identified from acollection address specified, within the collection time period specified(if any), and shall transport the Consignment by motor vehicle,aircraft, rail or boat and such other means as may be appropriate to the destination address specified and deliver them there withinthe delivery period specified (if any).

8.2. The Customer is responsible for ensuring that the Carrier is provided with the correct collection and delivery address details. The Carrier will not be responsible for any losses arising as a result of the Customer providing incorrect information. Further, the Customer will be liable for any reasonable costs incurred by the Carrier in carrying out such a collection or delivery.

8.3. Whilst the Carrier will endeavour to carry out its services within any time periods specified by the Customer, the Carrier will not be liable for any loss caused to the Customer by a failure to adhere to any such time periods. Further, any time periods for collection or delivery stated by the Carrier are advisory only and not binding and the Customer will not be eligible for compensation where these time periods are not adhered to. Notwithstanding any discussion with any staff of the Carrier, time shall not be of the essence of the contract in respect of delivery. Customer acknowledges that Carrier’s staff are prohibited guaranteeing delivery times.

8.4. Subject to express written instructions given by the Customer the Carrier reserves to itself absolute discretion as to themeans, route and procedure to be followed in the handling, storage and transportation of goods. Further, if, in the opinion of theCarrier, it is necessary in the Customer's interest to part from those instructions, the Carrier is free to do so.

8.5. A Consignment cannot be delivered to P O Boxes or postal codes. Consignments are delivered to the Receiver's address givenby the Customer but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will bedelivered to that area. If a Receiver refuses delivery or the shipment is deemed to be unacceptable, or it has been undervalued forCustoms purposes, or the Carrier or its agent cannot reasonably identify the Receiver's address the Carrier shall use reasonable efforts toreturn the Consignment to the Customer at the Customer's cost, failing which the Consignment may be released, disposed of or soldby the Carrier without incurring any liability whatsoever to the Customer or anyone else with the proceeds applied against servicecharges and related administrative costs and the balance of the proceeds of sale to be returned to the Customer.

8.6. The Carrier and its agents have the right to open the Consignment without prior notice to the Customer.

8.7. The Carrier and its agentsshall use their best endeavours to obtain a signed proof of delivery (“POD”) at the time of delivery of theConsignment, such proof either being paper based or via an electronic handheld device.

8.8. The Carrier or their agent will, wherever possible, deliver the Consignment to the named Receiver. However, where the Receiver is not immediately available the Carrier or its agents reserve the right to deliver the Consignment to:

8.8.1. In the event of a residential address, another adult at the same address or, where there is no one present, a neighbouror other person or organisation the Customer or the Receiver has specified or approved as recipient of the Consignment

8.8.2. In the event of serviced apartments or a hotel, the concierge or reception desk

8.8.3. In the event of commercial premises, delivery will be to security, a post room, reception or any other place deemed safe at the discretion of the Carrier or its agent.

8.9. The person signing the PODis deemed to be acting as agent for the Customer and must note on the POD whether there is any damage to the packaging and/or goods since otherwise, as between the parties, such receipt shall be conclusive evidence as to the facts of time and delivery and evidence that they were delivered in good condition. Where no indication of damage has been noted, then no subsequent claim for loss or damage can be accepted by the Carrier.

8.10. The Customer is responsible for arranging for the Consignment to be carefully checked immediately upon receipt by theReceiveror other recipient of the Consignment.


9.1. Subject to the provisions of clause 7 above in respect of international Consignments, the following provisions in this clause 9set out the entire financial liability of the Carrier (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of:

9.1.1. any breach of these Terms and Conditions;

9.1.2. any provision of services (or failure to provide services) to the Customer by the Carrier;

9.1.3. any representation, statement or tortious act or omission (including negligence and conversion) arising under or in connection with these Terms and Conditions.

9.2. All warranties, clauses and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms and Conditions. In particular, the Carrier does not warrant that the services provided by the Carrier will meet any or all of the Customer’s particular requirements not specified in the Booking, because the Carrier has not assessed the Customer’s requirements.

9.3. Nothing in these terms limits or excludes the liability of the Carrier:

9.3.1. for death or personal injury caused by the Carrier's negligence; or

9.3.2. for fraud or fraudulent misrepresentation; or

9.3.3. any other liability with it is unlawful to limit or exclude

9.4. Subject to clause9.3:

9.4.1. The Carrier shall not be liable, whether in tort (including for negligence, conversion or breach of statutory duty), contract, misrepresentation or otherwise for: loss of profits; or loss of business; or depletion of goodwill or similar losses; or loss of anticipated savings; or loss of contract; or loss of use; or loss or corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

9.5. Except as specified under clause 7 above, and subject to clause 9.3above,the Carrier's total aggregate liability in contract, tort (including negligence, conversion or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of any services under these Terms and Conditions shall be limited to the sums specified in clause 9.6and9.7below.

9.6. Same-Day services:

9.6.1. The liability of the Carrier for loss or damage to any Consignment shall be limited to a maximum of £1,000 per consignment for motorcycle bookings £5,000 per Consignment for parcel car and small van bookings £10,000 per Consignment for transit van and HGV bookings, Enhanced cover can be arranged (subject to terms and conditions) for individual Consignments or on an ongoing basis.

9.7. Other services (Next Day/Overnight, other UK domestic deliveries not booked on a Same-Day basis, pallets and internationals services):

9.7.1. The liability of the Carrier for loss or damage to any Consignment shall be limited to a maximum of: £10 per kg (or part thereof) per Consignment up to a maximum of £1,000 for Consignments booked for collection and delivery in the UK on a non-Same-Day basis; For international services, liability is restricted in accordance with clauses 7.4and 7.5above. Liability is therefore limited to £1,870 per ton of the gross weight (or £1.87 per kilogram) For palletised deliveries, liability is restricted to £5 per kilogram Enhanced cover can be arranged on certain services subject to terms and conditions.

9.8. The Carrier shall not be liable for any delay in delivery resulting from the unavailability at the delivery address of the Receiveror the impracticability of complying with any special delivery instructions.

9.9. The Carrier shall not be liable for any loss, damage, missed delivery or delay in delivery occasioned solely or principally by:

9.9.1. act of God;

9.9.2. acts of war, hostilities riots, terrorism or civil commotion or the threat of such conditions prevailing;

9.9.3. criminal, malicious or negligent act or omission of third parties;

9.9.4. industrial action, general or partial stoppage or restraint of trade from whatever cause;

9.9.5. the effects of ionising radiation or uncontrolled nuclear reaction;

9.9.6. any seizure and illegal process;

9.9.7. poor weather conditions, fuel shortages and power failures;

9.9.8. any act or omission of the Customer or those for whom he contracts or the servants or agents of either;

9.9.9. the inadequate or improper packing of the whole or part of the Consignment;

9.9.10. the insufficient or incorrect labelling or addressing of the Consignment;

9.9.11. failure or delay in delivery for any reason whatsoever beyond the control of the Carrier;

9.9.12. inherent liability to wastage and bulk weights, defects or inherent defects, natural deterioration or fragility of theConsignment (not withstanding that it may be marked as fragile);

9.9.13. Suspension or cancellation of transport services by reason of or threat or fear of inclement weather or any other matters set out in clauses 9.9.1to 9.9.12.

9.10. The Carrier shall not in any circumstances be liable in respect of a Consignment that has been flawed on the part of the Customeror the owner of a Consignment or any part thereof or the servant or agent of either of them in respect of that Consignment unless theflaw has been contributed by the negligence of the Carrier or of any servant of the Carrier acting in the course of his employment.

9.11. Liability of the Carrier will only be accepted whereany lossor damage is due to the fault or negligence of the Carrier or its servant, agent or employees or otherwise.

9.12. No liability will be accepted in respect of any Consignment which is on the Carrier’s list of Prohibited Goods, or is not packaged in accordance with the Carrier’s Packaging Guidelines.

9.13. Where enhanced compensation cover is available this must be purchased from the Carrier at the time of booking. Where the Customer purchases compensation cover for the Consignment from the Carrier, liabilityto the Customer is limited to the value of the compensation cover taken out or the actual value of the Consignment at the date of loss (whichever is the lesser). Where the Customer does not purchase compensation cover, Customer confirms that itaccepts the risks of not doing so.

9.14. In order to ascertain the extent of the Carrier’s liability under Clause 9 the Carrier shall require written proof of the value and weight (if applicable) of the entire Consignment and any part or parts of it which make it up. Subject to the limits in clause 9 the Carrier is only liable for the replacement costand not for any sums that would amount to profit on the Consignment nor consequential losses.

9.15. Where a claim has been submitted by the Customer for compensation, the Carrier shall be affordedby the Customer reasonable opportunity to inspect the Consignment when delivery has been effected to the Receiver. If the item is moved or repaired or if the packaging is not kept any claim shall be void.

9.16. If a claim arises as a result of damage to the whole or part of a Consignment and the Carrier settles the claim for a sum equal to or greater than the value of the Consignment, then the Carrier shall be entitled to claim ownership of the Consignment and deal with it as they see fit. For the avoidance of any doubt, the Carrier shall be responsible for the cost of recovery of the Consignment.

9.17. The Carrier shall have no liability in any circumstances for any lawful or unlawful detention of goods or for any loss, damage or deterioration arising therefrom.

9.18. The Carrier will not be liable for any loss or damage to any Consignment that cannot be carried within the lockable equipment normally provided on the vehicle the Customer specifies in the Booking. For example, if the Booking specifies a motorcycle to make a delivery and the Consignment is too bit to fit in its carrying equipment, the Carrier may still be able to carry it (providing it is safe to do so), but will not be liable for any loss or damage to that Consignment

9.19. All claims must be submitted in writing to the Carrier within 14 days of the delivery dateof the Consignment (or, if the Consignment is not delivered, within 14 days of the scheduled delivery date),failing which the Carrier shall have no liability whatsoever.

9.20. Except as specified in clause 9.1above, the Carrier shall not be liable to the Customerby reason of any representation, any implied warranty, condition or other term, or any duty under common law or under statute,save as expressly set out in these Terms and Conditions.

10. Warsaw Convention

10.1. If the shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departurethe Warsaw Convention, if applicable, governs the Carriers liability for loss or damage.

11. Severability

11.1. If any of part of these Terms and Conditions are found to be unenforceable as a matter of law the enforceability of any otherpart of these Terms and Conditions will not be affected.

12. Information that the Customer provides to the Carrier

12.1. The following applies to any information the Customer provides to the Carrier for example during any registration or orderingprocess:

12.1.1. The Customer authorises the Carrier to use, store or otherwise process any personal information which relates to andidentifies the Customer, including but not limited to the Customer's name and address, to the extent reasonably necessary toprovide the services by the Carrier, the Carrier’s partner, successors (including the purchaser of the whole or part of its business),associates, sub-contractors or other third parties (together its 'Partner Companies'). These Partner Companies may be located incountries outside the UK and European Economic Area that do not have laws to protect Customer’s information. Details of the companies and countries involved inCustomer’s case will be provided on request. If the Customer would like to request such information or review or modify any part of theirpersonal information they should contact the Carrier.

12.1.2. If the Customer obtains or chooses to order services through the Carrier's website, then the Carrier may collect informationabout the Customer's buying behaviour and if the Customer sends personal correspondence to the Carrier such as emails or lettersor posts reviews or other messages on a bulletin board or in chat areas they may be collected into a file specific to theCustomer. All such information collected by the Carrier shall be referred to in these Terms and Conditions as 'Personal Information'.

12.1.3. The Customer must ensure that the Personal Information provided is accurate and complete and that all ordering orregistration details (where applicable) contain their correct name, address and other requested details.

13. Lien

13.1. The Carrier shall have a general lien on any Consignment for the carriage or storage of those or any other goods supplied by theCustomer and for any other monies due from the Customer to the Carrier. In default of payment of any monies due to the Carrierfrom the Customer on any account whatsoever the Carrier may without notice to the Customer appropriate any Consignment asaforesaid and sell them as against the Customer; the purchaser will be absolute owner and the Carrier will pass unencumberedtitle to the purchaser provided that the Carrier will apply the proceeds of sale towards monies due to them from the Customer afterappropriating to itself any reasonable expense of sale.

14. Notice

14.1. A notice required or permitted to be given by either party to the other under these Terms and Conditions shall be in writingaddressed to the party at its registered office or principal place of business or such other address as may at the relevant time havebeen notified pursuant to the provision to the party giving the notice or to the Carrier by email atcustomerservices@missiondespatch.com. Notice will be deemed to be received three working days after the date of posting or, when notification is via email, by the end of the working day following the date of sending.

15. Waiver

15.1. No failure or delay by either party in exercising any of its rights under the Terms and Conditions shall be deemed to be a waiverofthat right, and no waiver by either party of any breach of the contract by the other shall be considered as a waiver of any subsequentbreach of the same or any other provision.

16. Governing law and jurisdiction

16.1. These Terms and Conditions shall be governed by and construed in accordance with the laws in England and Wales and any proceedings inrelation any dispute or claim (including non-contractual claims or disputes) arising in relation to them shall be subject to the exclusive jurisdiction of the English courts.

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