Terms and Conditions

Definitions

In these conditions:

"Customer" means the person or company who contracts for the services of the Carrier including any other carrier who gives a Consignment to the Carrier for carriage.

"Contract" means the contract of carriage between the Customer and the Carrier.

"Consignee" means the person or company to whom the Carrier contracts to deliver the Consignment.

"Consignment" means goods, whether a single item or in bulk or contained in one parcel, package or container, as the case may be, or any number of separate items, parcels, packages or containers sent at one time in one load by or for the Customer from one address to one address.

"Dangerous Goods" means goods named individually in the Approved Carriage List issued from time to time by the Health and Safety Commission, explosives, radioactive material, and any other goods presenting a similar hazard.

Pallet Dimensions

Full Pallet

Full 1.2m x 1.2m x 2.4m High

Maximum Weight 1,250kg

Half pallet

1.2mx 1.2m x 2m High

Maximum weight 500kg

Quarter pallet

1.2m x1.2m x 1m high

Maximum weight 250kg

Oversize

We are able to ship pallets that exceed the above dimensions. However, these are charged at one pallet space. To process such a consignment, please enter the number of pallet spaces as though they were separate pallets. Eg. 1x oversize

Presentation Guidelines

Consignments must be packed in accordance with the following specifications.

Pallets must be presented on a robust pallet, suitable for transportation. The goods must be strapped and shrink wrapped to ensure they are secured to the pallet.

Goods on the pallet a) Must not exceed the dimensions for the size of pallet entered b) Cannot overhang the pallet edges

c) Must not be top-heavy and must be stable enough to carry through a network d) Must be stable when packed or placed on the pallet

Failure to adhere to the above requirements may result in refusal to collect the goods and could incur excess surcharges. In may also cause insurance cover to be reduced or refused in the event of damage or loss to your goods.

Collection & Delivery

Collections & Deliveries are made on Working days only. Saturday deliveries are optional at an extra cost. This option is available at point of booking.

We accept goods for carriage under a contract of best endeavour. Please note No guarantees are given nor implied. If for any reason you feel that there will be a problem with the collection delivery please contact us as soon as possible.

Loading and unloading Unless the Carrier has agreed in writing to the contrary with the Customer: (a) The Carrier shall not be under any obligation to provide any plant, power or labour, other than that carried by the vehicle, required for loading or unloading the Consignment. (b) The Customer warrants that any special appliances required for loading or unloading the Consignment which are not carried by the vehicle will be provided by the Customer or on the Customer's behalf. (c) The Carrier shall be under no liability whatever to the Customer for any damage whatever, however caused, if the Carrier is instructed to load or unload any Consignment requiring special appliances which, in breach of the warranty in (b) above, have not been provided by the Customer or on the Customer's behalf. (d) The Carrier shall not be required to provide service beyond the usual place of collection or delivery but if any such service is given by the Carrier it shall be at the sole risk of the Customer.

(2) The Customer shall indemnify the Carrier against all claims and demands whatsoever, which could not have been made if such instructions as are referred to in (1)(c) of this Condition and such service as is referred to in (1)(d) of this Condition had not been given.

Transit

Transit shall commence when the Carrier takes possession of the Consignment whether at the point of collection or at the Carrier's premises. (2) Transit shall (unless otherwise previously determined) end when the Consignment is tendered at the usual place of delivery at the Consignee's address within the customary cartage hours of the district: Provided that; (a) if no safe and adequate access or no adequate unloading facilities there exist then transit shall be deemed to end at the expiry of one dear day after notice in writing (or by telephone if so previously agreed in writing) of the arrival of the Consignment at the Carrier's premises has

been sent to the Consignee; and (b) when for any other reason whatever a Consignment cannot be delivered or when a Consignment is held by the Carrier 'to await order' or 'to be kept till called for' Or upon any like instructions and such instructions are not given or the Consignment is not called for and removed within a reasonable time, then transit shall be deemed to end.

Signed Receipts

When your goods are delivered, the person responsible for accepting and signing for the goods should examine the goods to check for damage, If any shortage or damage is apparent or suspected, the delivery note should be endorsed accordingly using the word “damaged” or “Shortage”. Proof of Deliveries are legal documents and as the customer has signed for the consignment they have signed to say that they had received this without damage and therefore have accepted responsibility of the goods from that point.

Claims for damage or loss will not be considered by insurance companies when a “clean” or “clear” proof of delivery is provided.

Underlived or unclaimed consignments

Should the Carrier be unable for any reason to deliver a Consignment to the Consignee or as he may order, from hereof transit shall be terminated.. The Carrier may sell the Consignment. and payment or tender of the proceeds after deduction of all proper charges and expenses in relation thereto and of all outstanding charges in relation to the carriage and storage of the' Consignment shall (without prejudice to any claim or right which the Customer may have against the Carrier otherwise arising under these Conditions) discharge the Carrier from all liability in respect of such Consignment, its carriage and storage: Provided that: (1) The Carrier shall do what is reasonable to obtain the value of the Consignment; and (2) The power of sale shall not be exercised where the name and address of the sender or of the Consignee is known unless the Carrier shall have done what is reasonable in the circumstances to give notice to the sender or. If the name and address of the sender is not known, to the Consignee that the Consignment will be sold unless within the time specified in such notice. Being a reasonable time in the circumstances, from the giving of such notice, the Consignment is taken away or instructions are given for its disposal

Dangerous Goods

Customers must disclose Dangerous Goods. Should the carrier accept the goods for carriage they must be classified. Dangerous goods must be packed and labelled in accordance with the statutory regulations for the carriage by road of the substance declared.

Carrier Charges

The Carrier's charges shall be payable by the Customer without prejudice to the Carrier's rights against the Consignee or any other person: Provided that when any Consignment is consigned 'carriage forward' the Customer shall not be required to pay such charges unless the Consignee fails to pay after a reasonable demand has been made by the Carrier for payment thereof. (2) Charges shall be payable when due without reduction or deferment on account of any claim, counterclaim or set-off. The Carrier shall be entitled to interest at 8 per cent above the Bank of England Base Rate prevailing at the date of the Carrier's invoice or account, calculated on a daily basis on all amounts overdue to the Carrier.

Insurance

In the event of claim being raised insurers will require the following mandatory pieces of information:

  • Claim form
  • Sales Invoice or purchase invoice
  • a copy of the packing list
  • A copy of the replacement/repair invoice
  • Photographs if the claim if for damage
  • Evidence of the weight of the affected consignment
  • Quantification of the claim

Insurance is included subject to RHA conditions of carriage at the lesser of £5 per kilogram; and the value of the Consignment at the time and place when accepted for carriage. If only part of a Consignment suffers from damage or loss, liability shall be limited to that proportion of the sum calculated which the actual value of such part bears to the value of the whole Consignment

You must notify us of any damage to the whole or any part of a consignment, or physical loss of part of a consignment in writing within 7 days of the date of delivery.

Limitation to Liability

(1) Except as otherwise provided in these Condition, the liability of, the Carrier in respect of claims for physical loss, mis-delivery of or damage to goods comprising the Consignment, howsoever arising, shall in all circumstances be limited to the lesser of

(a) The value of the goods actually lost, mis-delivered or damaged.

b) the cost of repairing any damage or of reconditioning the goods

(c) a sum calculated at the rate of £1.30 per kg on the gross weight of the goods actually lost, mis-delivered or damaged.

The value of the goods actually lost, mis-delivered or damaged shall be taken to be their invoice value if they have been sold and shall otherwise be taken to be the replacement cost thereof to the owner at the commencement of transit, and in all cases shall be taken to include any Customs and Excise duties or taxes payable in respect of those goods: Provided that:

  1. in the case of loss, mis-delivery of or damage to a part of the Consignment the weight to be taken into consideration in determining the amount to which the Carrier's liability is limited shall be only the gross weight of that part regardless of whether the loss, mis-delivery or damage affects the value of other parts of the Consignment;
  2. (ii) nothing in this Condition shall limit the liability of the Carrier to less than the sum of £10;
  3. (iii) the Carrier shall be entitled to proof of the weight and value of the whole of the Consignment and of any part thereof lost, mis-delivered or damaged;
  4. (iv) the Customer shall be entitled to give to the Carrier written notice to be delivered at least 7 days prior to commencement of transit requiring that the £1.30 per kg limit in 11 (I)(c) above be increased, but not so as to exceed the value of the Consignment, and in the event of such notice being given the Customer shall be required to agree with the Carrier an increase in the carriage charges in consideration of the increased limit, but if no such agreement can be reached the aforementioned £10 per kg limit shall continue to apply,

2 The liability of the Carrier in respect of claims for any other loss whatsoever (including indirect or consequential loss or damage and loss of market), and howsoever arising in connection with the Consignment, shall not exceed the amount of the carriage charges in respect of the Consignment or the amount of the claimant's proved loss, whichever is the lesser, unless;

(a) at the time of entering into the Contract with the Carrier the Customer declares to the Carrier a special interest in delivery in the event of physical loss mis-delivery or damage or of an agreed time limit being exceeded and agrees to pay a surcharge calculated on the amount of that interest.

(b) at least 7 days prior. to the commencement of transit the Customer has delivered to the Carrier written confirmation of the special interest, agreed time limit and amount of the interest.

Unreasonable Detention

The customer shall be liable to pay demurrage for unreasonable detention of any vehicle, trailer, container or other equipment at the carrier’s current rates of demurrage but the rights of the carrier against any other person in request shall remain unaffected.

Law and Jurisdiction

Unless otherwise agreed in writing, the contract and any dispute arising thereafter shall be governed by English Law and shall be subject to the jurisdiction of the English court alone.

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