The Carrier (hereinafter referred to as “the Carrier”) is not a common carrier and accepts goods for carriage only upon the conditions and terms set out below. No servant or agent of the Carrier is permitted to alter or vary these Conditions in any way unless expressly authorized in writing by a duly authorized person.
If any part of these Conditions is incompatible with applicable legislation, such part shall, as regards the Contract, be overridden to that extent and no further.
1. Definitions
- Customer: The person, firm, or company who contracts for the services of the Carrier.
- Contract: The contract of carriage between the Customer and the Carrier.
- Consignee: The person or company to whom the Carrier contracts to deliver the Consignment.
- Consignment: Goods, whether a single item or in bulk or contained in one parcel, package, or container, or any number of items sent at one time by or for the Customer to the Consignee.
- Dangerous Goods: Goods regulated by CDG and ADR regulations, including explosives, radioactive materials, or any goods presenting a similar hazard.
- Delivery Address: The address for delivery of the Consignment notified to the Courier at booking time.
- Demurrage: Any cost the Carrier suffers due to improper, excessive, or unreasonable detention of any equipment.
- Force Majeure Event: As set out in Condition 14(3)(b).
- In writing: Communication via electronic, optical, or similar means.
2. Application of Conditions
- These conditions:
- (a) Apply to and are incorporated into the contract.
- (b) Prevail over any inconsistent terms.
- Road Haulage Association Limited Conditions of Carriage 2020 are incorporated.
- The Customer’s offer is accepted when:
- (a) Written or verbal acknowledgment is issued by the Carrier, or
- (b) The Carrier starts providing services.
3. Bookings, Commencement, and Duration
- Bookings are made via telephone or email.
- Quotes are valid for 7 days unless otherwise specified.
- Carrier may refuse any bookings.
- Services continue until delivery or termination.
4. Parties and Sub-Contracting
- Customer must own the Consignment or be authorized.
- The Carrier may subcontract.
- The Carrier contracts for itself and its agents and sub-contractors.
5. Dangerous Goods
- Carrier is not obliged to carry Dangerous Goods.
- Customer must disclose Dangerous Goods.
- Carrier may destroy or return Dangerous Goods at Customer’s cost.
6. Delivery
- Customer ensures proper and safe packing.
- Delivery times are estimates.
- Delivery is complete when unloading at the Delivery Address and obtaining proof of delivery.
7. Loading and Unloading
- Customer is responsible unless otherwise agreed.
- Carrier is not liable for damage during loading/unloading.
- Risk assessments must be provided if requested.
8. Obligations of the Customer
- The Consignment must not harm the environment or require special handling unless disclosed.
- Customer must provide complete and accurate information.
- Customer Default may relieve Carrier from obligations.
9. Consignment Notes and Signed Receipts
- Carrier may sign a receipt but it is not proof of condition or quantity.
- Customer must deliver a consignment note with specific information.
10. Transit
- Transit starts when the Carrier takes possession.
- Transit ends upon tender at the Delivery Address.
- The Customer bears the risk when the Consignment is not in transit.
11. Undelivered or Unclaimed Consignments
- Carrier will notify the Customer and may store or dispose of the Consignment after 10 business days.
12. Carrier’s Charges
- Charges payable without set-off.
- Payment terms: 30 days month-end date of invoice.
- Late payment incurs interest.
- Cancellation fees apply in some cases.
- Carrier charges may be adjusted.
13. Cancellations
- Full refund for cancellation 24 hours before collection.
- Cancellations within 24 hours may not be refunded.
14. Liability for Loss and Damage
- Carrier liable only for negligence unless agreed otherwise.
- Limited liability applies.
- Carrier not liable for Force Majeure events.
15. Fraud
- Carrier not liable if fraud by Customer unless Carrier is complicit.
16. Limitation of Liability
- Liability limited to the lesser of:
- Actual value,
- Repair cost,
- £1,300 per tonne of the gross weight.
- Indirect loss limited to carriage charges or proven loss.
17. Indemnity to the Carrier
- Customer indemnifies Carrier against various liabilities.
18. Time Limits for Claims
- Damage or loss claims must be reported within specific time limits.
- Dispute resolution by mediation first, courts if unresolved.
19. Lien
- Carrier has a lien over Consignments for unpaid monies.
- Carrier may sell goods after a reasonable time.
20. Unreasonable Detention
- Customer liable for demurrage charges.
21. Confidentiality
- Both parties must keep information confidential except in limited circumstances.
22. Governing Law and Jurisdiction
- English and Welsh courts have exclusive jurisdiction.
23. General
- Third Parties have no rights.
- Conditions are the entire agreement.
- Invalid provisions are modified or deleted without affecting the rest.
- Parties must comply with anti-bribery laws.
- Force Majeure Event excludes changes to guidelines or regulations.
