General services terms and conditions

1. Definitions

For the purposes of these Terms and Conditions, the following terms shall have the following meanings:
"Confidential Information" means all information of a confidential or proprietary nature (howsoever recorded or obtained) relating to the products, processes, potential or actual customers, suppliers or business of either party.
"Customer Charter" means the Customer Charter published by Us from time to time.
"Main Place of Business" means Envoy House, La Vrangue, St Peter Port, Guernsey, GY1 1AA.
"Price List" means any price list published by Us from time to time stating the charges payable by You to Us for the provision by Us of the Services.
"Services" means any service to be provided by Us pursuant to these Terms and Conditions or any applicable Services Terms and Conditions.
"Authorised Person" means a person engaged in the business of a postal operator, a police officer or a States Revenue Officer.
"Services Terms and Conditions" means any other Terms and Conditions governing additional terms and conditions applicable to the provision of Services by Us to You.
"Package" means a document, letter or package within the scope of Our services.
"You" and "Your" means the customer agreeing to these Terms and Conditions.
"We", "Us" or "Our" means Guernsey Post Limited.

2. Services

2.1    We shall provide the Services to You in accordance with these Terms and Conditions, the Customer Charter and any applicable Services Terms and Conditions.

2.2    Where required by relivant legislation we reserve the right to pass confidential infomation on to the appropriate authorities.

3. Dangerous Goods

3.1  You accept that for legal and safety reasons not to convey any of the items listed at Annex 1, and acknowledge that We may return any of the items to the sender, or dispose of them. Contravention of the restrictions detailed at Annex 1 may result in the sender may be prosecuted. It is forbidden to send prohibited items through the international postal service. Prohibitions and restrictions vary from country to country and can sometimes apply to valuable items as well as other apparently ordinary items.

3.2  You shall not send, attempt to send or procure to be sent a postal packet which, 
3.2.1 Unless permitted by a postal operator, encloses a dangerous or noxious article or living creature
3.2.2 Encloses any indecent, menacing or threatening item or written communication
3.2.3 Has on the cover thereof any words, marks or designs which are menacing, threatening, grossly offensive or of an indecent nature.

3.3
If you act in contravention of subsection 3.2 you shall be guilty of an offence and liable upon summary conviction to imprisonment for a period not exceeding three months, or to a fine not exceeding level 4 on the uniform scale, or to both.

3.4
You shall not be exempted from proceedings under this section if a postal packet to which this section applies is detained by or under the authority of an authorised person pursuant to section 3 and not delivered in due course of post.

4. Postal Packets sent in contravention of section 3

4.1
An authorised person, who has reasonable cause to suspect that a postal packet has been posted or is being sent in contravention of any provision of section 3, may detain and open that postal packet in a universal postal service post office so as to inspect its contents.

4.2
Where, following inspection in accordance with 4.1 an authorised person believes that a postal packet has been posted or sent in contravention of any provision of Section 3, that postal packet and its contents may be;
4.2.1 Retained by an authorised person for use as evidence in any criminal proceedings;
4.2.2 Returned by the postal operator to the sender of the postal packet (subject to the payment of any additional postage charges);
4.2.3 Forwarded by the postal operator to the destination marked on the postal packet (subject to the payment of any additional postage charges); or
4.2.4 Destroyed or otherwise disposed of as a postal operator may determine.

5. Charges

5.1
You agree to pay Us without demand all those charges as specified in Our Price List as and when such charges become payable by You to Us in accordance with the terms of these Terms and Conditions and any applicable Services Terms and Conditions.

5.2
We may from time to time require You to pay a deposit. If a deposit is required, We shall notify You of the amount and You shall pay us immediately. We may credit any such deposit against any charges due to Us or in discharge of any of Your liabilities to Us.

5.3
We may, before the provision of any Service, ask for You to pay us in advance in any amount which does not exceed the total amount to be paid by you for the Service.

6. Limitation of Liability

6.1
The limitations contained herein are subject to the terms of the Post Office (Bailiwick of Guernsey) Law, 2001.

6.2
You hereby indemnify Us, and will agree to keep Us indemnified from and against all costs (including the costs of enforcement), expenses, liabilities, injuries, damages, claims, demands, proceedings or legal costs (on a full indemnity basis) and judgments which We incur or suffer as a result of making any visit to Your premises for the purpose of undertaking the Services.

6.3
You hereby agree that Our liability to you in tort, contract or otherwise in relation to any Service provided under these Terms and Conditions or any Services Terms and Conditions is limited to the amount paid by You to Us in relation to the provision by Us to You of that Service in the twelve months preceding the date upon which any such liability arose.

6.4
We will not be liable for, nor shall any adjustment, refund or credit of any kind be made as a result of any loss, damage, delay, mis-delivery or mis-information including but not limited to any such loss, damage, delay, mis-delivery, non-delivery or mis-information caused or resulting from:
6.4.1 The act, default or omission of the Shipper, Consignee or any other party with an interest in the shipment;
6.4.2 The nature of the Shipment or any defect, characteristic or inherent vice thereof;
6.4.3 The violation of any of the terms and conditions including but not limited to, the incorrect declaration of the items, the improper or sufficient packing, securing, marking or addressing of Shipments.
6.4.4 Any events beyond our control including but not limited to perils of the air, public enemies, public authorities acting with apparent or actual authority, acts or omissions of Customs Officials, riots, strikes, or other local disputes, civil commotion, hazards incident to a state of war or weather conditions, or natural or local disruptions in air or ground transportation networks;
6.4.5 The acts or omissions of any person other than Us including compliance with verbal or written delivery instructions from the Shipper or the Consignee;
6.4.6 The loss of or damage to articles packed and sealed in Packages by the Shipper, provided that the seal is unbroken at the time of delivery and the Package retains its basic integrity;
6.4.7 Delays caused by Customs clearance procedures or those of other regulatory agencies;
6.4.8 Delays in delivery caused by adherence to Our policies regarding the payment of duties and taxes;
6.4.9 The inability of Us to provide a copy of the delivery record;
6.4.10 The erasure of data from magnetic tapes, files or other storage media;
6.4.11 Damage in transit or in handling of fluorescent tubes, neon lighting, neon signs, X-ray tubes, or other inherently fragile items.

7. Confidential Information

7.1
You undertake to:
7.1.1 keep confidential all Confidential Information;
7.1.2 not without Our prior written consent, disclose any Confidential Information in whole or in part to any other person, save to the extent that You are required to do so by law; and
7.1.3 use the Confidential Information solely in connection with the provision of the Services and not for Your own benefit or the benefit of any third party

7.2
The provisions of clause 5.1 shall not apply to the whole or any part of the Confidential Information to the extent that it is:
7.2.1 already properly and legally in Your possession on the date of its disclosure;
7.2.2 in the public domain other than as a result of a breach of this clause; or
7.2.3 independently developed by You without reference to or use of the Confidential Information.

7.3
You undertake to make all Your employees, agents and sub contractors aware of the confidentiality of the Confidential Information and the provisions of this clause 5, and, without limitation to the foregoing, to take all such steps as shall from time to time be reasonably necessary to ensure compliance by Your employees, agents and sub-contractors with the provisions of this clause 5. You acknowledge that You are liable for the actions or inactions of all such employees, agents and sub-contractors.

8. Term and Termination

8.1
These Terms and Conditions and any applicable Services Terms and Conditions shall come into force immediately upon the provision of any Service by Us to You, and shall continue until such time as we no longer provide the Service to You.

8.2
In the event that at any time either party (the "defaulting party") commits a material breach of this Agreement, without prejudice to any other right or remedy the other party (the "non-defaulting party") may have in respect of such breach, the non-defaulting party may terminate this Agreement forthwith upon written notice to the defaulting party provided that, where such breach is capable of remedy, the non-defaulting party must first give the defaulting party written notice ("default notice") specifying the breach and stating that, if such breach is not remedied within the period stated in the default notice (being not less than 30 days), it may terminate this Agreement if at the expiry of the period provided for in the default notice the breach has not been remedied. For the purpose of this Clause 6.2 a breach shall be considered capable of remedy if the party in breach can comply with the provisions in question in all respects other than as to the time of performance (provided that time of performance is not of the essence).

8.3
Either party may terminate this Agreement forthwith by written notice to the other party at any time if the other party:
8.3.1 is in persistent default of any of the terms of these Terms and Conditions, where "persistent default" means any default, neglect or failure under the terms of these Terms and Conditions which has occurred more than twice in any period of 12 months and in respect of which a default notice has been served under clause 6.2.
8.3.2 shall go into liquidation, whether voluntary or otherwise (except a voluntary liquidation by a solvent company for the purpose of amalgamation or reconstruction);
8.3.3 shall make any arrangement with its creditors or any arrangement for the benefit of such creditors, including any preliminary vesting order or desastre?;
8.3.4 shall suffer distress or execution to be levied or threatened upon any of its property;
8.3.5 shall permit any judgment made against it to remain unsatisfied for more than 14 days; or
8.3.6 shall have a receiver, administrator or administrative receiver appointed by a court or any debenture holder over any of its assets.

9. Notices

9.1
Notices to be given in accordance with these Terms and Conditions must be in writing and sent as follows:
9.1.1 To Us at the address of Our Main Place of Business or any alternative address that We may notify you of.
9.1.2 To You at the address that You ask us to send bills.

9.2
Any notice sent by facsimile shall be deemed to have been received on the date it is recorded as having been sent and, if sent by post, to have been received two working days after despatch, and if delivered by hand, at the time of delivery, provided that, where, in the case of delivery by hand or transmission by facsimile such delivery or transmission occurs after 4pm on a customary business day, service will be deemed to occur at 9am on the next following customary business day.

9.3
Unless otherwise detailed within a product specification, all claims must be notified in writing to Us within 21 days after delivery of the Shipment, failing which no action for damages may be brought against Us. Receipt of the Shipment by the Consignees without written notice of damage on the delivery receipt is prima facie evidence that the Shipment was delivered in good condition. As a condition for Us to consider any claim for damage the Consignee must make the contents, original shipping cartons and packaging available for inspection by Us.

9.4
All claims for loss, non-delivery or mis-delivery must be received by Us within 90 days after the Shipment is accepted by Us.

9.5
Within 30 days after notification to Us of the claim, it must be documented by sending all relevant information about such claim to Us. We are not obligated to act on any claim until all transportation charges have been paid; the claim amount must not be deducted from such charges. The right to damages against Us shall be extinguished unless a legal action is brought within two (2) years from the date of delivery of the Shipment or the date the Shipment would have been delivered.

10. Variation

We may change the terms of these Terms and Conditions at any time. We will publish details of any change at our Main Place of Business at least, where practicable, 21 days before the change is to take effect.

11. Entire Agreement

11.1
These Terms and Conditions and any applicable Services Terms and Conditions constitute the entire agreement and understanding between You and Us in relation to the Services.

11.2
We have the right to transfer or assign all or any of our rights under these Terms and Conditions or any Services Terms and Conditions to any person upon providing you with seven days notice of any such transfer or assignment.

12. Severability

If any one or more of the provisions contained in these Terms and Conditions or any applicable Services Terms and Conditions shall for any reason be held to be invalid, illegal or unenforceable in any respect, then the remaining provisions of these Terms and Conditions and any applicable Services Terms and Conditions shall not be affected thereby and shall continue in full force and effect.

13. Waiver

No failure or delay by Us to exercise any right, power or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same, or of some other right, power or remedy.

14. No Agency

These Terms and Conditions shall not create or be deemed to create a joint venture, partnership, agency or other similar association between You and Us.


15. Copyright

Copyright of all information supplied to You in connection with any Service shall remain ours or the copyright owners, and any such information shall not be copied, used or disclosed, other than for the purpose for which it was supplied, without Our prior written consent.

16. Use of Information

You hereby agree that We may use the information We have about You and Your use of any Service for the purpose of marketing our Services to You. We hereby agree that we will cease using any such information within 30 days of receipt of any written request from You.

17. Force Majeure

Any delay in or prevention from performing any obligation under these Terms and Conditions or any applicable Services Terms and Conditions that is beyond Our reasonable control shall not be deemed to be a default or breach of these Terms and Conditions or any applicable Services Terms and Conditions on Our part, and the performance of those obligations will be treated as suspended during the continuance of the cause of the non-performance or until these Terms and Conditions or any applicable Services Terms and Conditions expire by lapse of time.

18. Governing Law and Jurisdiction

The formation, existence, construction, performance, validity and all aspects whatsoever of these Terms and Conditions or any applicable Services Terms and Conditions will be governed by the law of the Island of Guernsey and You and We hereby agree to submit any such dispute to the exclusive jurisdiction of the Royal Court of Guernsey.

19. December

Under the Guernsey Post Licence 1 Oct 2003, the Quality of Service targets (and any associated product compensation and/ or discounts) are not applicable in the month of December.

Annex 1

Items that cannot be posted

Although we try to carry most things, there are certain items we cannot accept for legal and safety reasons. We may return any of the following items to the sender, or dispose of them. In some cases, the sender may be prosecuted.

You may not send prohibited items through the international postal service. Prohibitions and restrictions vary from country to country and can sometimes apply to valuable items as well as other apparently ordinary items. Customer Services on 711720 can provide more advice. Some of the most common prohibited items are listed below: 

  • Aerosols including aftershaves (spray), deodorants (spray), foot spray, hair spray, perfumes (spray), shaving foam, spray glue, spray paint, spray mount
  • Alcoholic beverages with an alcoholic content greater than 70%
  • Asbestos
  • Batteries (unless sent in retail packaging)
  • Butane lighters (filled or refills)
  • Clinical and medical waste
  • Compressed flammable gases including aerosols, airbags, butane, cylinders, gas refills, lighters (gas), methane, propane
  • Corrosives (e.g. dyes, sulphuric acid) including bleaches, dyes, caustic soda, cleaning compounds, cleaning fluids, nitric acid, paint remover, paint thinners, peroxides, rust remover, sulphuric acid, storage batteries
  • Counterfeit currency, bank notes and counterfeit stamps
  • Cremated human remains
  • Drugs for medical or scientific purposes – must only be sent by medical practitioners in an emergency
  • Dry ice
  • Environmental waste
  • Explosives including ammunition, blasting caps, Christmas cracker snaps, fireworks, flares, fuses, ingniters
  • Filth (e.g. dirt, waste or refuse)
  • Firearms including pellet guns*
  • Flammable liquids or solids including aftershaves, gasoline, lighter fuel, paint remover, paint thinners, perfumes, petrol, solvents, paint, varnish
  • Foreign lottery tickets
  • Indecent, obscene or offensive material
  • Infectious material (only infectious substances in Risk Group 1, 2 and 3 will be accepted. Infectious substances must be packaged in accordance with Royal Mail packaging instructions 602 - please call Customer Services on 711720 for details)
  • Living creatures (see page 51 for exceptions)
  • Magnets (except credit cards, video/audio cassettes, loudspeakers and floppy disks)
  • Matches of any kind
  • Oxidising substances, material or organic peroxide including disinfectants, fibre glass kits, peroxides
  • Pathogens in Hazard Group 4
  • Pesticides
  • Poisons (e.g. rat poison)
  • Pornographic material
  • Radioactive materials
  • Sharp items (unless protected)
  • Solvent based paints, inks, varnishes, enamels and similar substances
  • Toxic and other dangerous substances including arsenic, medical waste, pesticides, poisons, rat poison
  • Water based paints and inks with volume greater than 125ml.

*Established traders may provide proof of weapons specification for which Guernsey Post will obtain Guernsey Police clearance. 
 

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