The Company’s Terms and Conditions – valid from 01/08/09

Company No. 05266481

1. The Color Company acting as the forwarding agent for the Customer whose name and address appears overleaf (“the Customer”) will receive from the Customer the goods described overleaf (“the Goods”) and arrange for the carriage by the FedEx Corporation (“FedEx”)

2. The Goods will not contain anything hazardous or illegal. The carriage of the goods subject to the acceptance of the Goods by FedEx. If FedEx does not accept the goods for carriage the Company will hold the goods and notify the Customer to collect it and a handling charge of £10 will be levied.

3. The Customer acknowledges that FedEx packaging standards for shock, vibration and compression have been explained by the Company and that the Customer accepts that neither the Company nor FedEx will be liable for any damage claimed to any goods packed by the Customer.

4. The Company acts as an agent for the Customer and accordingly is not liable for any acts or omissions by FedEx including but not limited to any liabilities, costs, claims, demands or expenses arising from:-

• Any loss or damage to the goods
• Any failure or delay to delivery or misdelivery of the Goods and in this respect the Customer accepts that any statement made by the Company as to probable date of delivery of the goods by FedEx’s is merely a statement of opinion by the Company and not a representation on behalf of FedEx.
• Any failure by FedEx to collect or remit funds to the Customer paid to FedEx on behalf of the Customer on delivery of the goods

5. The Customer acknowledges that the carriage of the Goods will be on the standard terms and conditions of FedEx a copy of which is available from the Company on request.

6. The Customer acknowledges that FedEx is limited to the amount of the value of the goods declared by the Customer (“the Value”) and subject to the payment of Declared Value Compensation Fee as specified above.

7. The Customer acknowledges that so long as the Goods remain on the Company’s premises and until collected by FedEx, and notwithstanding the Declared Value Compensation Fee, the Company shall only be liable to compensation not exceeding £1,000 (one thousand pounds only)

8. All complaints relating to the carriage of the Goods must be addressed in writing to the Company within 14 days of the date of shipment as shown above.

9. The Company will make all reasonable efforts to process and resolve complaints with FedEx but accept no responsibility for their satisfaction. The Customer accepts that FedEx will not satisfy any complaints relating to goods damaged on arrival at their destination without an inspection by FedEx’s local agent of the damaged parcels and packing.

10. This agreement supersedes all previous agreements, arrangements and undertakings between the parties and constitutes the whole agreement between the Customer and the Company.

11. These terms and conditions shall prevail notwithstanding any conflict with the terms and condition in any order or contract submitted by the Customer in respect any other services provided by the Company.

12. Duty and Taxes are assessed on all suitable commodities which are controlled by the Country of destination and are subject to change without notice. The Company cannot pre determine amount of Duty and Tax for a given shipment. Duty and Taxes as well as other charges including but not limited to customs penalties, storage costs or other expenses incurred as a result of an action by customs, or failure by the Customer or the Consignee to provide proper documentation or to obtain a required license or permit will be charged to the Consignee.

13. The Customer however is liable for payment in the event of non-payment by the Consignee. Packages refused by the Consignee or for which for any other reason cannot be delivered will be either abandoned or returned to Customer at Customer’s cost but in the event Customer is liable for shipping and other applicable charges specified above.

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