Terms and Conditions of Service
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Publication note: Benjamin Michael Osborne's legal identity has been added. A suitable public service or correspondence address has not yet been supplied. Obtain legal advice on the address that must be disclosed before publication. The insurance wording makes no promise that goods or wider business liabilities are insured, and must be reviewed against the arrangements in place before any booking is accepted.
1. About Osborne Couriers
Osborne Couriers is the trading name of Benjamin Michael Osborne, a sole trader based in Kings Hill, Kent. In these terms, “we”, “us” and “our” mean Benjamin Michael Osborne trading as Osborne Couriers. “You” means the customer booking our services.
Contact us at ozzydelivers@gmail.com.
These terms apply to deliveries you book directly with Osborne Couriers. They do not govern work booked through another delivery platform under that platform's contract.
2. Services and availability
We arrange same-day deliveries, scheduled collections, business-to-business deliveries, dedicated courier services and regular commercial delivery work, subject to availability and written agreement.
We may carry out a delivery ourselves or use independent courier partners. Where your booking is with us, we remain responsible for performing our contract with you. You should direct booking changes, cancellations and complaints to Osborne Couriers.
Specialist handling, storage, temperature control, international carriage and other services outside the agreed delivery are not included unless expressly accepted in writing.
3. Requests, quotations and confirmation
A website submission, enquiry or automated acknowledgement does not confirm a booking or reserve a courier.
We will review the requirements, check availability and provide a quote. A binding booking is made only when we confirm acceptance in writing after you accept the quote and these terms. Written confirmation may be by email.
The booking confirmation will identify the agreed service, collection and delivery details, price, payment requirements and any specific conditions. A quote's validity period will be stated in the quote. Until confirmation, availability must be rechecked.
Any special terms agreed in writing before confirmation take priority over these general terms where they expressly address the same matter. Your own purchase order conditions do not apply unless we expressly accept them in writing.
4. Prices and fuel costs
Quotes are based on the information supplied, including addresses, distance, vehicle requirements, dimensions, weight, contents, declared value, timing and access arrangements. Quotes will identify the total payable and any applicable VAT.
One-off deliveries
Fuel is included in the fixed quoted price. Once we confirm the booking, we will not increase its price solely because fuel costs change.
Ongoing commercial contracts
A fuel surcharge applies in addition to the agreed base delivery rates for ongoing commercial contracts. Before the contract starts, the written agreement must specify:
- The starting surcharge and the base charges to which it applies.
- The published reference fuel price or index and baseline.
- The calculation method, including any thresholds or rounding.
- The review frequency, notice period and effective date of changes.
- How increases and decreases in the reference price affect the surcharge.
An unspecified surcharge is not permission to set an arbitrary charge later. We will identify the applicable surcharge and total payable in commercial quotations and invoices. Adjustments apply prospectively under the agreed mechanism, with no retrospective increases.
5. Changes and additional charges
Please tell us promptly if any booking details change. Changes are subject to availability and may require a revised quote.
Additional charges may apply for work outside the original agreement, including extra stops, changed addresses, waiting, loading assistance, redelivery, return journeys, tolls and necessary parking charges that were not included in the quote.
We will disclose the applicable charge or calculation method and obtain your agreement before carrying out additional chargeable work. Where a booking already includes an agreed waiting allowance and rate, charges may accrue under that arrangement without a separate agreement each time. There is no automatic right to add unspecified fees.
If an urgent safety or legal issue prevents us obtaining instructions, we will take reasonable steps to protect people and goods, notify you as soon as practicable and only seek costs recoverable under the agreement or applicable law.
6. Payment
Payment is required before collection unless we agree credit terms in writing. The quote or contract will state the payment method and due date.
For business customers with agreed credit terms, we may exercise statutory rights to interest and recovery costs on overdue commercial debts where applicable. We will not impose those commercial debt charges on consumers.
We may suspend future, unperformed services for overdue undisputed payments after giving reasonable notice. This does not permit us to abandon goods already in our care.
7. Your responsibilities
You must:
- Have authority to arrange transport of the goods and accept these terms.
- Provide accurate collection and delivery addresses, contact details and access instructions.
- Declare the contents, number of items, dimensions, weight, value and special handling requirements before booking.
- Identify time-critical deadlines and explain any consequences of delay before we accept the booking.
- Ensure the goods are ready at the agreed collection time.
- Arrange safe, lawful access and any agreed loading or unloading assistance.
- Ensure the sender and recipient know about the arrangements.
You must have a lawful basis for sharing other people's personal information with us and give them appropriate privacy information, including access to our privacy policy.
8. Packaging and handling
You are responsible for packaging and labelling suitable for the nature of the goods and normal road transport. Fragile items must be adequately protected, liquids secured against leaks and items needing an upright position clearly marked.
A fragile label does not replace appropriate packaging. Acceptance of a sealed package does not confirm its contents or internal condition.
We will use reasonable care and skill when handling goods. Your packaging responsibilities do not remove that duty. We may refuse goods that are unsafe, materially different from the agreed description or unsuitable for the agreed vehicle or service.
9. Goods we do not accept
We do not accept illegal goods, explosives, firearms or ammunition, dangerous chemicals, human remains or live animals under these standard services.
You must obtain our express written approval before booking dangerous goods, cash, negotiable securities, jewellery, precious metals, high-value items, fragile goods, medicines, biological samples, temperature-sensitive goods or perishables. Approval is subject to suitable legal, handling and insurance arrangements; it is not guaranteed.
Do not conceal restricted goods or give misleading descriptions. If a safety or legal issue is discovered, we may stop carriage, obtain instructions or contact the appropriate authorities. We will take reasonable steps to safeguard goods and will not sell, destroy or dispose of them except with lawful authority.
10. Collection, delivery and timings
Collection and delivery times are estimates unless we expressly accept a guaranteed deadline in writing. A same-day service describes the agreed service objective; it is not an unconditional guarantee regardless of circumstances.
We will use reasonable care and skill to perform the agreed service and keep you informed of material delays. We will take reasonable steps to reduce disruption caused by traffic, severe weather, road closures, breakdowns or other events outside our reasonable control. Such events do not automatically remove liability for our own failings.
We do not offer an automatic compensation scheme or money-back guarantee for missing an estimated collection or delivery time. This does not remove any refund, damages or other remedy available under the contract or applicable law.
11. Delivery instructions and proof of delivery
Delivery will be made to the agreed address and recipient or to another person reasonably authorised to receive it, in accordance with the accepted instructions.
We will leave goods unattended, in a safe place or with an alternative recipient only where authorised. We remain responsible for exercising reasonable care and following the agreed instructions.
Where agreed or reasonably appropriate, proof of delivery may include a recipient's name, signature, delivery time or photograph. A delivery record is evidence of delivery, but does not conclusively establish that goods were undamaged or remove the right to raise a genuine dispute.
12. Failed deliveries and returns
If collection or delivery cannot be completed, we will make reasonable attempts to contact you or the relevant contact for instructions.
Waiting, redelivery and return charges may apply under the rates or calculation method agreed before booking, or a revised arrangement you accept. Charges will reflect the work performed and will not duplicate charges for work not carried out.
We will not leave goods in an unsafe location merely because we cannot contact someone. Storage and return arrangements must be agreed where needed. Unclaimed goods will be dealt with only under applicable law and any required notice procedure.
13. Cancellation
Send cancellation requests directly to ozzydelivers@gmail.com. Contacting a courier partner alone may not reach us in time; we will take account of when we actually receive notice.
An enquiry can be withdrawn without charge before a booking is confirmed. For confirmed bookings, cancellation charges are limited to work already performed and reasonable, unavoidable costs incurred because of the booking, taking account of costs saved and reasonable steps to reduce loss. If no work has been performed and no unavoidable costs incurred, no cancellation charge applies.
After collection, cancellation may require return or onward delivery. We will agree arrangements and any additional charges with you. We will explain any cancellation charge and refund any unused advance payment after lawful deductions.
If we cancel because we cannot fulfil the agreed service, we will notify you promptly and refund payments for services not supplied. This does not exclude any additional remedy you may have under applicable law.
Consumer cancellation rights, where applicable, take priority over this section. A statutory cooling-off right does not generally apply to a contract for transport of goods on a specified date or during a specified period. Where a cooling-off right does apply, we will provide the required information before the contract is made and obtain any required express request before starting during that period.
14. Insurance
We do not promise under these standard terms that goods, consequential losses or our wider business liabilities are covered by insurance. Vehicle insurance does not itself establish cover for goods in transit or public liability. Where insurance is relevant to a booking, any cover we agree to arrange or rely on, including its insurer, limit, excess and exclusions, must be confirmed in writing before the booking is accepted.
Insurance arrangements and our legal responsibility are separate. The absence of cover, or an insurer's refusal to pay, does not by itself remove a legal liability we owe you. Do not rely on insurance unless its application to your goods and booking has been confirmed in writing.
15. Loss, damage and liability
Please report loss, damage or non-delivery as soon as reasonably possible to ozzydelivers@gmail.com, giving the booking details, a description of the problem and available evidence. Retain damaged goods and packaging where safe and reasonable so the issue can be investigated. Reporting requirements do not override statutory rights or applicable legal limitation periods.
We are responsible for loss or damage to the extent caused by our breach of contract, negligence or other legal responsibility, including responsibility for courier partners performing our contract. We are not responsible to the extent loss is caused by inaccurate customer information, inadequate packaging, inherent defects or natural deterioration, except where our own breach or negligence contributes to the loss.
For business customers, we exclude loss of profit, revenue, business opportunity, anticipated savings and indirect or consequential loss only to the extent the exclusion is reasonable and permitted by law. Tell us about unusual risks or potential losses before booking so we can assess whether to accept the work and on what terms.
No financial liability cap is set by these standard terms. Any proposed cap for a business contract must be expressly agreed in writing before booking and must satisfy applicable legal requirements. Declaring an item's value does not purchase insurance or automatically create agreed-value compensation.
Nothing excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any liability or statutory remedy that cannot lawfully be excluded or limited.
16. Consumer customers
You are a consumer if you book mainly for purposes outside your trade, business, craft or profession. The business-only exclusions in section 15 do not apply to consumers.
For consumer bookings, we are responsible for foreseeable loss and damage caused by our breach of contract or failure to use reasonable care and skill. Mandatory rights under the Consumer Rights Act 2015 and other applicable legislation remain unaffected, including rights to repeat performance or a price reduction where legally applicable. A suitable remedy depends on the circumstances; there is no blanket exclusion of refunds or compensation.
17. Complaints and privacy
Email complaints to ozzydelivers@gmail.com with the booking details, the issue and the outcome you are seeking. We will investigate and respond within a reasonable period, keeping you informed if further enquiries are needed.
We handle personal information in accordance with our separate Privacy Policy. Necessary collection and delivery information may be shared with courier partners and other relevant service providers as described in that policy.
18. Changes and general terms
Changes to these terms apply to future bookings. A confirmed booking remains governed by the version accepted when it was made unless both parties agree a change or the law requires otherwise.
If a provision is unenforceable, the remaining provisions continue to apply so far as legally possible. A delay in exercising a right does not by itself waive it.
English law governs these terms. Business disputes are subject to the courts of England and Wales. Consumers retain any mandatory rights to rely on the law and courts of the part of the UK where they live.