The Conditions set down the basis on which the Carrier will carry goods for
the Customer (definitions of Carrier and Customer are given in Condition 1). The
Carrier is not and does not contract as a common carrier. The Conditions may not
be altered or varied in any way except by express agreement in writing
signed by a director or proprietor of the Carrier. The Conditions cannot and do
not override any Statutory provisions imposed by Law or the application of any
applicable international Conventions.
It is expressly stated to be the Customer’s responsibility to read and
understand these Conditions which will form the basis of the Contract under
which any claims or disputes are settled. Customers are recommended to take
professional advice and to ensure they arrange adequate insurance to provide
full cover when the property is in transit.
Carrier means the person (corporate or otherwise)
who contracts with the Customer to carry the goods.
1.2
Consignee means the person (corporate or otherwise
who may or may not be the Customer) to whom the Carrier contracts to deliver
the consignment.
1.3
Consignor means the person (corporate or otherwise
who may or may not be the Customer) who supplies the consignment to the
Carrier for carriage.
1.4
Customer means the person (corporate or otherwise)
who contracts with the Carrier for the carriage of goods.
1.5
Contract means the Agreement between the Customer
and the Carrier for the carrying out of the transport service including all
documents expressly incorporated therein.
1.6
Consignment means goods whether single or multiple
units or in bulk despatched at any one time from one Consignor in a single
load from one address in the United Kingdom to one Consignee at any one
other address in the United Kingdom.
1.7
Dangerous Goods means goods of any nature as may be
included in the Approved Carriage List prepared pursuant to the Carriage of
Dangerous Goods (Classification, Packaging and Labelling) and Use of
Transportable Pressure Receptacles Regulations 1996 as may be amended from
time to time and goods which represent a similar hazard, radioactive
material and explosives of any nature.
1.8
Day means any day Monday to Friday inclusive other
than a Bank or Statutory Holiday, including the delivery day and the day on
which any claim or notice is first made.
1.9
Alternative Dispute Resolution means any procedure
agreed by the parties for the resolution of disputes other than those
involving formal arbitration or litigation.
1.10
Loss means the actual loss of the goods or failure
by the Carrier to deliver the goods within 30 days of the agreed time limit
for delivery or, if there is no agreed time limit, within 60 days from the
date on which the Carrier took over the goods.
1.11
Delay means failure by the Carrier to deliver the
goods within the agreed time limit, or if there is no agreed time limit,
within the period of 60 days from the date upon which the Carrier takes
possession of the goods.
1.12
Owners Risk means that the goods are held upon terms
that the Carrier shall not be liable for any loss of whatsoever nature and
howsoever caused including negligence in relation to the goods or as a
consequence of the goods being in the Carrier’s possession. The Customer
will indemnify the Carrier against all claims that may be made against the
Carrier arising from the carriage, retention or storage of such goods.
1.13
The expressions Carrier, Consignee, Consignor and Customer
shall include those parties' principals, agents and servants.
The Customer contracts as the legal owner of the goods or
as the authorised agent of such legal owner in which case the Customer
warrants that he has the authority to accept these Conditions on behalf of
the legal owner.
2.2
Unless written instructions to the contrary are received
from the Customer, the Carrier may sub-contract part or the whole of the
consignment.
2.3
Where carriage of any consignment or part of a consignment
is sub-contracted to a sea, air or rail carrier then the liability of the
carrier and of any sub-contractor shall be limited and/or excluded in
accordance with the conditions of carriage of that sub-contractor or as
provided for by statute or international convention.
2.4
Notwithstanding the provisions of the Condition 2.2, the
Carrier may not sub-contract the carriage of Dangerous Goods without the
prior written consent of the Customer.
2.5
Where part or the whole of the carriage has been
sub-contracted as provided for in Condition 2.2 above, such sub-contractors
shall have the benefit of these Conditions of Carriage and shall be under no
greater liability to the Customer than or in addition to that of the Carrier
under the Contract and the Customer agrees with the Carrier that no claim
shall be made against a sub-contractor in addition to or excess of the
limitation and/or exclusions of liability as set out in these Conditions.
The Carrier shall not be required to provide additional
services other than the service for the carriage of the Consignment from the
designated place of collection to the designated place of delivery unless
any such service has been requested by the Customer and agreed by the
Carrier in writing, prior to collection or delivery being made.
3.2
The Customer shall be responsible for providing and safely
operating any equipment that may be required for loading the Consignment on
or unloading the Consignment from the vehicle unless arrangements to the
contrary are agreed in writing between the Carrier and the Customer prior to
despatch and these Conditions shall apply during such loading and/or
unloading.
3.3
The Carrier shall be liable for any loss or damage caused
as a result of its use of defective equipment supplied by the Consignee or
Consignor and the Customer shall indemnify the Carrier against any claim
made against the Carrier in respect of such loss or damage including claims
in respect of death or personal injury.
3.4
The Carrier shall not be liable for any loss or damage
caused as a result of negligent acts committed by the Consignor or Consignee
or their servants or agents in assisting with loading and/or unloading and
the Customer shall indemnify the Carrier against any claim made against the
Carrier in respect of such loss or damage including claims for death or
personal injury.
3.5
The Carrier will endeavour to make the Consignment
reasonably accessible on the vehicle at the place designated for delivery.
3.6
The Customer shall make available to the Carrier upon
request details of any risk assessments which may have been carried out at
the collection and/or delivery addresses. The responsibility for carrying
out such risk assessments shall be that of the Customer and not of the
Carrier.
The Contract for the carriage of Dangerous Goods shall be
voidable by the Carrier and the Carrier shall have no liability unless,
prior to loading, the Carrier receives precise and correct identification of
the substances in writing and has agreed to accept the same for carriage.
Transport Emergency Cards (“Tremcards”) must be provided by the Customer in
the form prescribed by the appropriate Statutory authority giving details of
each and every substance the Carrier is requested to carry. Written
information must be provided in respect of goods classified as “Dangerous”
and where a “Tremcard” is not required by Statute. “Tremcards” or other
written notification provided by the Customer must accompany each and every
Consignment.
4.2
The Customer shall be responsible for ensuring that such
substances are properly and safely packaged and labelled with the identities
of the substances and all other relevant information as specified by any
Statutory requirements for the time being in force.
4.3
The Customer shall be responsible for and indemnify the
Carrier against any loss or damage and claims made upon the carrier in
respect of any injury to persons or damage to property arising from the
non-compliance by the Customer or the Consignor with any of the provisions
of these Conditions in as far as they relate to the carriage of Dangerous
Goods, unless the Customer proves that the loss, damage or injury was due to
the negligence of the Carrier.
The Carrier shall, if requested, sign a document
acknowledging receipt for the carriage of the quantity and description of
the Consignment loaded on to the Carrier’s vehicle, to the extent this can
be determined, by visual inspection. Such receipt shall not be evidence as
to accuracy of the condition, weight, quantity nor nature of the goods said
to comprise the Consignment at the time the receipt document is signed by
the Carrier and/or his agents and/or his servants. The burden of proof in
the event of dispute is the responsibility of the Customer.
5.2
The Carrier shall use its best endeavours to obtain a
signed receipt of delivery of the Consignment from the Consignee unless
otherwise agreed with the Customer. Such receipts will be returned to the
Customer as proof of delivery, unless otherwise agreed in writing by the
Customer and/or his agent and/or his servants.
Goods are accepted by the Carrier for carriage at ‘owner’s
risk’ where the Carrier is able to show that the Customer has explicitly
agreed to the carriage of the goods at ‘owner’s risk’. In that event, the
Carrier shall not be liable for loss damage or delay to the goods no matter
howsoever or by whomsoever caused and the Customer agrees to indemnify the
Carrier against any claims made by any Third Party in respect of the goods
carried.
6.2
Subject to the provisions of Condition 6.1 above the
Carrier’s responsibility for the Consignment shall commence when the Carrier
takes physical control of the Consignment at the point of collection or by
receiving the same at the Carrier’s premises.
6.3
The Carrier’s responsibility for the Consignment shall end
when the Carrier, it’s agents or sub-contractors relinquish physical control
of the Consignment at the proper place of delivery or the Consignment is
presented at the proper place of delivery within normal business hours
allowing sufficient time for unloading.
6.4
If it has been agreed that the Consignee will collect the
goods from the Carriers premises or if the Carrier is prevented from making
delivery at the Consignee’s address as a consequence of the absence of a
safe and/or adequate access or unloading facility then the Carriers
responsibility for the goods shall end at the expiration of 24 hours after
notice by letter, telephone, fax or e-mail or other agreed method of
communication of the availability of the goods has been given to the
consignee and/or the consignor.
6.5
At any time during the term of the Contract the Customer
may request or the Contractor may recommend variations to the service and/or
variations to any other matters covered by the Contract. The Carrier shall
investigate the likely impact of any such requested or recommended
variations upon the service, the charge for the service and other aspects of
the Contract and shall report promptly to the Customer. Neither party shall
be obliged to agree to any requested or recommended variation but neither
party shall withhold its Agreement unreasonably. Until such time as any
variation to the Contract resulting therefrom have been mutually agreed in
writing, the parties shall continue to perform their respective obligations
without taking account of the requested or recommended variation.
The Carrier’s charges shall be payable by the Customer
provided always that, when the goods are consigned ‘carriage forward’, the
Consignee shall have primary responsibility for the payment of the carriage
charges but the Customer shall pay such charges in the event of default by
the Consignee and the Carrier shall not be required to take any steps to
obtain payment from the Consignee other than a written request for payment.
7.2
Notwithstanding any claim which the Customer may have
against the Carrier, the Carrier’s charges for carriage and any other
services incidental to the carriage chargeable under the Contract shall be
payable by the Customer within 14 days of the date of the invoice unless
otherwise agreed in writing. Should the charges not be paid within such a
period, then the Carrier shall be entitled to interest at the rate of 8 per
cent above the base rate of the Bank of England prevailing at the date of
invoice, calculated on a daily basis.
In the event that the Carrier is unable for any reason
beyond its reasonable control to deliver the Consignment in accordance with
the Contract, the Carrier shall seek further instructions from the Customer.
The Carrier’s reasonable additional charges for retaining the goods pending
the arrival of such further instructions and for carrying out those
instructions shall be chargeable to the Customer.
8.2
Subject to the provisions contained in Condition 8.2 (a) to
(c) below, where the Carrier is unable to obtain further instructions from
the Customer in accordance with Condition 8.1, the Carrier may sell the
goods provided that such sale is permitted by law. Payment or tender of the
net proceeds to the Customer after deductions of all costs of and charges
for carriage, other services incidental to the carriage chargeable under the
contract, storage and disposal and expenses in relation to the goods shall
(without prejudice to any claim or right which the Customer may have against
the Carrier otherwise arising under the Conditions) discharge the Carrier
from all liability in respect of such goods, their carriage and storage.
(a)
The goods may not be sold unless the Carrier shall have made
reasonable efforts (having regard, if appropriate, to the perishable
nature of the Consignment) to notify the Customer of the Carrier’s
intention to sell the goods. The goods may then be sold unless within
reasonable time (such time to be specified in the notice) the Customer
shall have arranged to collect the goods or given instructions for their
disposal and have paid, without prejudice, all outstanding charges as
referred to in this Condition including any warehousing charges which
may have been incurred during the time that the goods have been
retained.
(b)
Pending the expiry of such periods of notice as aforesaid and of
disposal of the goods under these provisions the Carrier shall at the
expense of the Customer have authority to arrange proper storage of the
Consignment. During such period of storage the goods will be held at
“owners risk” and the carrier shall not be liable for loss or damage of
the goods howsoever caused.
(c)
In the event of a sale under this Condition the Carrier shall do
what is reasonable to obtain the market value of the Consignment
(subject to any unavoidable deterioration thereof). If the goods have no
market value, then the Carrier may dispose of them subject to compliance
with all legal requirements in force in respect of such goods.
8.3
Subject to the provision of Clause 8.1 above, and in
circumstances in which the Carrier is unable to obtain further written
instructions, the Carrier may, in respect of Dangerous Goods only, at his
sole discretion dispose of the goods or return them to the Customer. Where
such action is taken by the Carrier, it shall comply with all prevailing
legal requirements that may be in force in respect of the goods. Any such
action taken by the Carrier under this Clause shall be at the sole risk and
expense of the Customer.
Subject to these Conditions the Carrier shall be liable
for:
(a)
any loss of or damage to the goods in a Consignment
occurring whilst the Carrier has responsibility for the Consignment in
accordance with Condition 6 above;
(b)
any delay in the carriage of any goods in a Consignment
arising from the negligence of the Carrier.
9.2
The Carriers liability is restricted to the financial
limits imposed under Clause 10 of these Conditions unless otherwise agreed
in writing between the contracting parties prior to the transit commencing.
9.3
The Carrier shall not be liable for whatsoever reason for
loss of or damage to, or mis-delivery or loss arising from any delay in
respect of: Bullion, Precious Metals, Precious Stones, Money (whether in
note or coin form), Securities, Stamps, Legal or Business Documents, Living
Creatures or anything of a similar nature unless:
(i)
the Carrier has agreed in writing to carry such goods
at the specific request of the Customer prior to commencement of the
transit;
(ii)
the Customer has agreed to reimburse the Carrier with
all additional costs necessarily incurred as a direct result of the
Carrier agreeing to carry such goods;
(iii)
the loss or damage or delay has been proved to have
been caused by the negligence of the Carrier and/or his agents and/or
his servants.
9.4
The Carrier shall be relieved of all liability if such
loss, damage or delay arises from the effect of:
(a)
act of God;
(b)
any consequence of war, act of foreign power,
terrorism, requisition or destruction of or damage to property by or
under the order of any government or public or local authority;
(c)
seizure or forfeiture under legal process;
(d)
error, act, omission, mis-statement or mis-representation
by the Customer or other owner of the goods or by servants or agents of
either of them;
(e)
inherent liability due to wastage in bulk or weight,
latent defect or inherent defect, vice or natural deterioration of the
goods;
(f)
any special handling requirements in respect of the
goods which have not been notified to the Carrier;
(g)
insufficient or improper packaging, unless the Carrier
has contracted to provide this service;
(h)
insufficient or improper labelling or addressing,
unless the Carrier has contracted to provide this service;
(i)
riot, civil commotion, strike, lockout, general or
partial stoppage or restraint of labour from whatever cause;
(j)
defect of any equipment supplied by the Customer under
Condition 3.2 or any negligence of the Customer’s agents or servant;
(k)
Delay in providing to the carrier safe and adequate
access and/or delivering instructions in accordance with condition 6.4;
(l)
Fraud on the part of the Customer, Consignor, Consignee
or owner or of their servants or agents in respect of all or any part of
the consignment.
Unless otherwise agreed in writing between the Customer and
the Carrier prior to the commencement of carriage, the liability of the
Carrier in respect of loss of or damage to goods whilst they are the
responsibility of the Carrier in accordance with Conditions 6 and 9 hereof
shall be limited as follows:
(a)
where the whole or part of a Consignment is lost or
damaged to a maximum rate of £1,300 per tonne inclusive of all/any
duties and/or taxes on the gross weight of the Consignment or that
proportion by weight of lost or damaged property as stated on the
consignment note referred to in Condition 5, or otherwise ascertained,
or £500 for the total Consignment whichever is greater but not exceeding
the actual value of the Consignment or part of the Consignment;
(b)
for the purpose of this Condition the value referred to
is the valuation of the goods at the time they are accepted for carriage
including all duties and taxes. Provided that no claim shall be accepted
by the Carrier pending its receipt from the Customer of proof of the
value of the Consignment or any part thereof.
10.2
The Carrier’s liability for any delay or consequential loss
shall not exceed the amount of the claimant’s bona fide loss or the amount
of the carriage charges whichever shall be the smaller unless agreement has
been made previously in writing between the Carrier and the Customer for a
specific level of liability for such delay or consequential loss.
losses suffered by the Carrier arising from any negligent
act, negligent omission, negligent misdirection or negligent misstatement by
the Customer, Consignor or Consignee, its servants or agents;
11.2
claims of any nature for loss or damage resulting from the
carriage of Dangerous Substances where the Customer’s obligations in
Condition 4 above have not been met;
11.3
claims and demands of any nature in respect of loss of or
damage to the goods made by any Third Party additional to or in excess of
the limits of liability of the Carrier set out in Condition 10 above;
11.4
any claims made or penalties imposed by the Commissioners
of Customs and Excise in respect of dutiable goods;
11.5
claims and demands made by a Third Party attributable to
lack of authority on the part of the Customer to enter into the Contract
upon these Terms and Conditions.
loss or damage of the whole of the Consignment unless a
claim specifying the general nature thereof is submitted by the Customer
to the Carrier in writing within 14 days from the Carrier’s
responsibility for the Consignment having commenced in accordance with
Condition 6.2 above and unless a detailed claim giving weight and value
and date of collection are submitted by the Customer to the Carrier in
writing within 14 days from the Carriers responsibility for the
Consignment having ended or been deemed to have ended;
(b)
loss or damage of any part of a Consignment unless a claim
specifying the general nature thereof is submitted by the Customer to
the Carrier in writing within seven days from the Carriers
responsibility for the Consignment having ended in accordance with
Condition 6.3 above and a detailed claim specifying the weight, value
and date of collection and date of delivery are submitted in writing
within 14 days of the Carriers responsibility having ended;
(c)
damage of any description unless the damaged goods are made
available to the Carrier’s representative for inspection for a
reasonable period following notification of the claim;
(d)
delay in delivery of whole or part of the Consignment unless the
Carrier is informed in writing within three days of the date by which
the delivery should have been made. For the avoidance of doubt where no
date for delivery has been agreed notification should be given within 63
days of the Carrier’s responsibility for the consignment having
commenced.
12.2
The Carrier shall not benefit from this exclusion of
liability if the Customer provides evidence that:
(a)
in all the circumstances it was not reasonably possible
so to advise the Carrier or make the damaged goods available for
inspection within the specified time limits and;
(b)
such advice was given at the first reasonable
opportunity.
All Consignments delivered to the Carrier for carriage are
and will be received by the Carrier and held by it subject to a lien for all
carriage charges due to the Carrier from the Customer for the carriage,
storage rent and/or warehousing charge of the goods and other proper charges
or expenses incurred in respect of or in connection with the carriage of the
particular Consignment and all other goods which may have been carried by
the Carrier for the Customer from time to time. If such a lien is not
satisfied by payment within a reasonable time of the Carrier’s demand for
payment then the Carrier shall be entitled to invoke the power of sale set
out in Condition 8 over the Customer’s goods in the Carrier’s possession.
Such sale shall be subject to the provisions of Conditions 8.2 and 8.3
above.
13.2
The Carrier shall be entitled to charge to the Customer the
cost of loading and unloading the goods whilst a lien is being exercised
together with warehouse rent and any other expenses incurred during all
periods during which the lien on the Consignment or any part of the
Consignment is being asserted and all these Conditions shall continue to
apply whilst the lien is being exercised.
13.3
If the Consignment is not the property of the Customer; the
customer warrants that he has the authority to grant to the carrier a
particular lien against the owner. The Carrier may hold the goods against
the owner for any unpaid monies applicable to those goods only, but he may
not sell or dispose of the goods in any way without the express consent of
the owner.
The Customer shall, except in the case of negligence by the Carrier, pay to
the Carrier any cost or expense occasioned to it by the improper or excessive
detention by the Consignor or Consignee of any vehicle, trailer, container or
covering belonging to or under the custody or control of the Carrier without
prejudice to any rights of the Carrier against any Third Party in respect of
such detention.
The parties will attempt, in good faith, to resolve any
dispute or claim arising out of or relating to these Conditions promptly
through negotiations between the respective representatives of the parties
who have authority to settle the same.
15.2
If the matter is not resolved through negotiation the
parties may attempt to resolve the dispute or claim through an Alternative
Dispute Resolution (ADR) procedure as recommended to the parties by the
Freight Transport Association or the Centre for Dispute Resolution.
15.3
If the matter is not resolved by an ADR procedure or if
either party will not or ceases to participate in an ADR procedure, the
dispute may be referred to the arbitration of a single arbitrator or to an
arbitrator appointed at the request of the parties by the President for the
time being of the Chartered Institute of Arbitrators. The apportionment of
the cost of any such arbitration between the parties shall be in the
discretion of the arbitrator. The arbitration shall, unless otherwise
agreed, be held in the town wherein the Carrier has its main administrative
office.
The parties shall agree the legal regime under which these Conditions shall
be construed and interpreted and the courts which shall have jurisdiction. In
the absence of such agreement, the contract shall be subject to and construed
and interpreted in accordance with English law and shall be subject to the
jurisdiction of the courts of England.
Light
Haulage to UK and Europe.
