These are the terms under which we trade with you and they override any previous agreement between us. They cannot be changed or varied unless our managing director agrees in writing. These terms will also override any terms or conditions you may seek to impose on your suppliers from time to time.
In these Conditions:
The Customer warrants that he/she is either the owner of the Consignment or is authorised by such owner to accept these Terms and Conditions on such owner's behalf.
You also agree that we may subcontract the whole or any part of the Contract.
Acceptance of Terms & Conditions
By giving us your Consignment you accept our Terms and Conditions set out in this document, irrespective of whether you the Customer have signed the consignment note or not. If a Consignment is given with oral or written instructions which conflict with these Terms and Conditions, we shall not be bound by such instructions.
We are not a common carrier, and reserve the right at our absolute discretion to:
- - Refuse to accept any consignment or part thereof for delivery.
- - Refuse to accept dangerous goods for delivery.
We may also inspect a consignment if we believe that these terms may have been breached (for example, to check for dangerous goods).
If your consignment needs special equipment (e.g. a forklift truck) or manpower to be loaded or unloaded, you must make sure it is available at both delivery and collection addresses. If such is not available, you will be liable for any resulting costs, which may include waiting, storage, or redelivery charges.
If we unable to deliver the Consignment because of incorrect address information, we will make all reasonable efforts to find the correct address. We will, or will attempt, to deliver the Consignment to the correct address for an additional charge determined by the inconvenience caused.
We shall not be under any obligation to provide any plant, power or labour required for loading or unloading the Consignment.
The Customer warrants that any special equipment required for loading or unloading the Consignment will be provided or procured by the Customer.
Liability for loss & damages
If the loss or damage is our fault, then our liability to you is limited to £10.00 per kilogram, up to a maximum of 500kg per consignment. If these limits are not sufficient for your requirements, then we can provide extra insurance cover on individual consignments for an additional charge. You must notify us in writing before we collect from you, and agree to pay the extra amount.
We will not be liable for any consequential or economic loss or damage suffered by you or any third party. Our liability is strictly limited to the cost of replacement of, or repair to, the goods sent in the consignment, subject to limits and conditions given below.
We will not be liable for any loss or damage to the consignment, or any delay or mis-delivery if the cause was any of the following:
- - War, terrorism, riot, strike, lock out, or any similar action.
- - Natural disasters (e.g. floods), poor or extreme weather conditions.
- - The consignment being seized or detained by any public authority.
- - Incorrect or insufficient address given on the consignment, consignment note, or manifest. This includes any omission or ambiguity of information provided by you.
- - Incorrect or insufficient packaging of the consignment.
- - Natural wastage of a perishable or fragile consignment.
- - Traffic congestion or delay.
- - Any other event reasonably beyond our control.
We will not be liable for any loss or damage to any consignment that cannot be carried within lockable equipment normally provided on the vehicle you order from us. For example, if you order a motorcycle to make a delivery and your consignment is too big to fit in its carrying equipment, we may be able to carry it (providing it is safe to do so), but will not be liable for any loss or damage to that consignment.
There are certain items we cannot accept liability for on any of our services. These include cash, notes, money orders, vouchers, credit cards, stamps, deeds, passports, tickets, travellers' cheques, jewellery, precious stones, watches, precious metals, works of art, antiques, china, glass, living creatures, and any similar valuable articles.
We limit any claim to a maximum of £1,000,000 in respect of public liability.
We shall not be liable in respect for any loss or mis-delivery of or damage to Consignment if the same has arisen from:
- - Inherent liability to wastage in bulk or weight, defect or inherent defect, natural deterioration or fragility of the Consignment (not-withstanding that it might be marked "Fragile).
Rates & Payment
Any quotation or estimate of charges given to you will be valid for 30 days, unless the quotation states otherwise. If you accept our quotation, delivery must take place within 30 days of the quotation date, otherwise revised charges may apply.
Invoices will be prepared on completion of the contract.
You will raise any query you may have on our invoice within 10 days of the invoice date, and in writing to our accounts department. After that time, you will be deemed to have accepted our invoice as correct, and will make payment within our agreed terms.
We will only be bound by quotations accepted by you, and your acceptance will be deemed to have been given when you ask us to make the delivery quoted for. We may change our charges or these terms from time to time, but if we do we will give you advance notice. We may, at our absolute discretion, withdraw credit facilities at any time. If we do, then all invoices will become immediately payable, irrespective of any credit terms or payment dates previously agreed between you and us. If you do not pay us within 30 days of invoice date, we will be entitled to charge you interest at the rate of 5% per month (or part thereof) from the invoice date to the date of payment. If we are required to take legal action to recover payment from you, our claim will include interest and all associated costs of such action.
You the Customer shall indemnify us the carrier against:
- - All consequences suffered by us (including but not limited to claims, proceedings, fines, penalties, damages, costs, expenses and loss of or damage to the carrying vehicle and to other goods carried) of any error, omission, misstatement or misrepresentation by the Customer or the owner of the Consignment, or by any servants or agents of either of them, any insufficient or improper packaging, labelling or addressing of the consignment or fraud.
In case of loss or damage resulting in a claim, you the Customer must notify us immediately by email and in writing within seven working days from the date of carriage. Your rights are not affected.
If you make a claim for damage to your consignment, you will keep (or arrange to keep) that consignment and all its packaging in a safe place and to one side in case we, or our loss adjusters, need to make inspection in the course of an investigation.
We shall have a general lien against you the customer, where you are the owner of the Consignment, for any monies whatever due from you to us. If such a lien is not satisfied within a reasonable time we may sell the Consignment or part thereof as agent for you and apply the proceeds towards monies due and the expenses of the retention, insurance and the sale of the Consignment and whilst accounting to you for any balance remaining be discharged from all liability whatsoever in respect of the Consignment. Where you are not the owner of the Consignment we shall have a particular lien against the said owner of the Consignment, allowing us to retain possession but not dispose of the goods against monies due from the Customer in respect of the contract.
Law & Jurisdiction
Disputes arising from this document relating to the monies owed to us by you the Customer, shall be subject to the laws and courts of England and Wales.