Terms and Conditions
- Minimum Cancellation fee 25% of last minute cancellation on job quoted
- £25 admin fee
- £1 a mile collection fee
- 20% VAT
Terms and Conditions of Transportation of goods.
Defined terms and conditions please see below
The company’s terms and conditions will consider all the important agreements signed by the client and the transport company. Unless other arrangements are made between the carrier and the client by email or verbal conversation and also the customer will be paid for any sort of service delivered by the carrier following the quotes provided.
Additionally, services will only be offered during regular business hours otherwise, pricing may differ according to the days or weekends that are plus 50% outside of normal business hours and 100% on holidays. Fuel surcharges that may be applicable due to the growing cost of fuel in recent months will be disclosed before any services are rendered.
The customer also will be responsible for any additional fees they incur. Therefore, any modifications to the transit length will end in additional costs, like address changes or pickup from a distant place. Other fees, like those for tunnel crossings, congestion, restrictions, etc., also will be charged.
When a customer orders a consignment, they’re responsible for making sure the necessary collection and delivery times are their concern. The bills will include precise dates and hours when they are provided. Proof of delivery will be available upon request at a later time or two months after a delivery has been completed. Unless further arrangements are made beforehand by the client with the consignee.
Conditions of a client:
Bookings:
- The client must communicate verbally or by email to request a quote for a booking.
- An agreement between the parties, customer, and carrier is to be incorporated.
- Any inconsistencies within the terms or conditions should be applied according to law trade custom practice as per the client’s confirmed quotation or order.
- If a customer accepts a quote or order from the carrier and then decides not to accept it, they need to explain their decision orally or in writing via email.
- The client’s desire to connect or include any other purchase or order they wish shall not prevail if the carrier has begun the services on the supply and demand of the customer referring to a contract.
- Any reservations could also be rejected by the Transport carrier.
- Any purchase or supply made for the customer.
- The customer must have a legitimate quotation from the carrier that is good for up to 7 days.
- The given services must last until the package or item is delivered before the contract is often terminated.
Parties And Subcontracting
- In any such case, the customer shall tend information regarding the carrier and any other carriers used by the carrier to perform the contract in whole or in part.
- To the fullest extent permitted by law, the carrier shall therefore declare a trust of the subcontract with its rights and obligations under the contract.
Delivery
- It is the responsibility of the buyer to make sure that the items are packaged securely for delivery.
- The carrier will use their best efforts to ensure that the products are delivered in the time specified, albeit this is often merely an estimate and must be stated as the major justification in the contract.
- Only when the products have been safely offloaded by the carrier into the delivery point location and a POD signed proof of delivery with a sheet has been obtained should the consignment be considered complete.
Loading Unloading:
- Unless otherwise laid out in writing by the consumer and the carrier.
- This should be discussed with the client and its customer on the other side of delivery. The service offered by the carrier and therefore the vehicle supplied by the carrier should not be required to supply labor or electricity.
- When loading and unloading with cranes or forklifts, the client must ensure that all of the equipment is secure and appropriate for the task at hand.
- The customer must ensure that delivery personnel has safe and also unimpeded access far away from busy streets.
- If the carrier is ordered to use specific equipment for loading and unloading, they ought to not be held responsible for any damage at all.
- Only between collection and delivery, not beyond, is that the carrier required to offer service.
- The carrier should be obligated to file claims and initiate action against any losses and damages we may incur as a result of the supply of loading and unloading services.
Obligations Of The Client:
- Unless the carrier has been instructed otherwise and therefore the consignment is allowed to carry in the UK, we as a transport business will ensure that the consignment causes no harm to the environment or human health and does not require specific consent or licenses to handle certain commodities.
- It will be acceptable for the customer’s agents, employees, and subcontractors to notify or notify any reasonable carrier regarding handling health and safety appropriately.
- It will give us, as carriers, information that we’d need to follow to fulfill an order’s contractual requirements.
- Any instructions not provided by the customer under a selected contract are prohibited, and therefore the carrier will consider this to be a customer default.
- Accordingly, we because the carrier has the right to suspend until the consumer gives the appropriate instructions.
- The consumer is responsible for making sure the items are properly labeled and packaged for shipping.
- When it’s not in our transit, the customer bears the whole risk for the shipment.
Undelivered Or Unclaimed Consignments:
- The Carrier must make all reasonable efforts to notify the Customer and therefore the Consignee of any undelivered or unclaimed Consignment when it is unable to accomplish delivery. The Consignment is going to be taken out of the Carrier’s vehicle the next day and kept elsewhere at the Carrier’s discretion (additional charges may be incurred for storage and charged to the Customer). The terms in clause 19 (Lien) shall apply to the Consignment and therefore the Carrier may sell or dispose of the Consignment as if it were the original owner unless the Consignment is collected by the Customer or instructions are provided for the return of further delivery within 10 business days of the notice being given to the Customer. The Customer could also be responsible for paying any expenses spent by the Carrier in selling or destroying the Consignment.
- The Carrier must make all reasonable efforts to sell the Consignment for what it believes to be a good price and must utilize the sale profits to hide any costs associated with the Consignment’s transportation, storage, sale, or disposal. Upon the customer’s written request, the carrier is going to be released from all obligations about the consignment and will charge the customer for any remaining sums and pay the customer any proceeds.
Carriers Chargers
- The Customer is liable for paying the Carrier’s fees, without affecting the Carrier’s rights against the Consignee or anyone else; however, when a shipment is consigned “carriage forward,” the Customer isn’t obligated to pay fees unless the Consignee refuses to pay after the Carrier has made a reasonable demand for payment.
- Charges must be paid fully when they are due without exception or delay due to a claim, counterclaim, or setoff. Without limiting the other rights, the Carrier shall be entitled to impose interest and legal fees on any late money from the maturity until payment of the overdue sum, whether before or after judgment. The Customer shall pay the Carrier within 30 days of the month’s end, the date of the invoice. The Late Payment of economic Debts (Interest) Act of 1998, as amended from time to time, specifies the speed at which interest under this section will accrue daily.
- Any credit terms shall be immediately canceled and every invoice or account issued by the Carrier shall be immediately deemed due for payment and shall thereupon become payable if the Customer becomes insolvent or any amounts owed by the Customer on any invoice or account with the Carrier become past due.
- The Carrier shall not be obliged to gather a signed or any other sort of evidence of delivery (including photographic proof) of the Consignment from the Consignee unless otherwise agreed with the Customer at the time of the booking. If the Carrier agrees to get a proof of delivery at the time of booking, no payment is going to be withheld by the Customer if the Carrier is unable to do so unless the Carrier is notified of non-delivery no later than 48 hours after the anticipated time of delivery of the Consignment and the Carrier is then unable to provide evidence of proof of delivery.
- The Customer must reimburse the Carrier for any storage fees incurred as a result of the Carrier exercising its lien rights under section 19.
- The Customer may refuse to possess a Consignment picked up at any time before the scheduled pick-up time. A cancellation fee adequate to 100% of the total agreed amount may be charged by the carrier if the customer cancels the collection less than one hour before the scheduled time.
- The Carrier reserves the proper to charge the fees listed in the quotation supplied for every 15 minutes or portion thereof, up until the time the consignment is out there for loading after the period specified in the quotation, if the consignment isn’t ready at the agreed-upon pickup time.
- The Carrier reserves the proper to charge the fees specified in the quotation provided for every 15 minutes after the predetermined period within the quote until the Consignment unloading is complete if the Consignee has not finished loading or unloading a Consignment within 15 minutes of the Carrier’s arrival at either the loading address or the delivery address.
- The Carrier reserves the proper to modify its fees at any time to reflect changes in its costs, including but not limited to changes in labor costs, material costs, fuel prices, rate of exchange fluctuations, changes in duties, government fees, social insurance, and other employment costs, VAT, and other expenses.
- Within the event that the Carrier performs services beyond those initially agreed, like (without limitation) performing services after hours, making deliveries to locations aside from the Delivery Address, or performing services outside of the time at which the Carrier is scheduled to gather or deliver the Consignment, the Carrier shall be entitled to receive payment from the Customer for the extra amount that reflects the additional cost incurred along with a management fee (up to 5%).
- The Customer isn’t permitted to withhold, deduct, or set against any amount that it claims is owed thereto by the Carrier against any payment that is due to the Carrier.
- The Customer is responsible for creating sure that the proper charges have been paid. If the Carrier ever finds that the Customer has not paid the right fees, the Customer is going to be responsible for paying the difference between what the Customer initially paid and what the Customer owes the Carrier. Additionally, to take any other legal action, the Carrier is entitled to recover any unpaid monies, the Carrier reserves the proper to suspend any accounts that the Customer has with the Carrier until any overdue amount is reimbursed.
Cancellation:
- By contacting the Carrier and giving the acceptable order number linked to the Consignment, the Customer may cancel the acquisition up to 24 hours before delivery and obtain a full refund.
- The Carrier will attempt to cancel an order and, if possible, offer a refund if it’s canceled within 24 hours of collection. The Customer won’t be able to cancel the order and will not be eligible for a refund if the Carrier has already picked up the Consignment, it’s been dropped off, or the label has been used if the Carrier is unable to cancel delivery without incurring costs.
Liability For Loss And Damage
- Unless the customer has agreed in writing before the transit begins that the carrier shall not be responsible for loss of, misdelivery of, or damage to, or about, the Consignment, however, or whenever caused, the customer shall be deemed to possess elected to accept the terms outlined in subclauses (2) and (3).
- Subject to the present clause 14, the Carrier’s liability for loss or damage to the Consignment or in connection therewith, no matter how or when it occurred or whether it was contributed to directly or indirectly by any act, omission, neglect, default, or other wrongdoing on the part of the Carrier, its employees, contractors, subcontractors, or agents, shall only apply if and to the extent that the Carrier was negligent.
- The Carrier shall be in charge of the following, subject to those conditions:
- (a). Living things, bullion, money, securities, stamps, precious metals, or precious stones that are a part of the consignment may only be physically lost, misdelivered, or damaged if:
- (i) Any such things are going to be transported only if the Carrier has expressly consented in writing to do so; and
- (ii) The Customer has formally agreed in writing to pay the Carrier for all additional expenses incurred in transporting the aforementioned products
- (iii) If it’s determined that the carrier, its employees, contractors, subcontractors, or agents were negligent and therefore the loss, misdelivery, or damage occurred during transit.
- (b). Physical loss, misdelivery, or damage to the other goods included in the consignment, unless such loss, damage, or misdelivery was caused by a “Force Majeure Event,” which is defined as any act, event, circumstance, or cause that happens beyond the carrier’s reasonable control and includes, but isn’t limited to:
- (i) Any repercussions of war, invasion, a far-off enemy’s act, hostilities (whether war is present or not), civil war, insurrection, terrorism, military or usurped power, or confiscation, requisition, destruction, or damage by or at the direction of any government, public authority, or local authority.
- (ii) A seizure or forfeiture according to a court order.
- (iii) An error, an omission, a falsehood, or a misrepresentation made by the customer, another owner of the consignment, or any of their employees or agents.
- (iv) Inherent responsibility for bulk or weight loss, poor design, a latent or inherent defect, mistreatment, or natural deterioration of the consignment;
- (v) Any unique handling needs for the shipment that hasn’t been communicated to the carrier.
- (vi) inadequate or incorrect labeling, packing, or mailing.
- (vii) Any sort of riot, civil unrest, strike, lockout, whole or partial labor stoppage, or restraint of labor.
- (viii) An outbreak, pandemic, fire, flood, storm, or storm.
- (ix) Traffic jams, traffic accidents, delays at any delivery location, a customer’s lack of delivery instructions, and vehicle breakdown.
- (x) After the consignment has been tendered, the consignee fails to require or accept a delivery within a reasonable amount of time.
- Under no circumstances the Carrier shall be liable for any loss or damage sustained following the time at which transit is deemed to have ended for purposes of these terms, whether or not such loss or damage was caused or contributed to directly or indirectly by any act, omission, carelessness, default, or other wrongdoing on the part of the Carrier, its employees, agents, or subcontractors.
- The Carrier isn’t responsible for any damage to, loss of, degradation of, non-delivery of, or misdelivery of any property (including the Consignment) or the other claim in any situation, however, caused, unless the identical is brought on by its willful misconduct or carelessness.
- Unless agreed, the Carrier isn’t required to ensure the Consignment and, if it does, will do so on the terms outlined by the Road Haulage Association and CMR. The entire insurable value must be insured by the customer against all hazards.
Fraud
- In no event shall the Carrier be responsible for any Consignment for which the Customer, the Owner, or their respective servants or agents have committed fraud unless the fraud was made possible through the complicity of the Carrier or any servant of the Carrier acting within the course of his employment.
Terms and Conditions
- Minimum Cancellation fee 25% of last minute cancellation on job quoted
- £25 admin fee
- £1 a mile collection fee
- 20% VAT
Terms and Conditions of Transportation of goods.
Defined terms and conditions please see below
The meaning of terms and conditions are the agreements made by the transport company and the client any type of service provided by the carrier according to the quotes provide will be charged on that basis to the client unless otherwise other agreements are made between the carrier and the client with verbal communication or email, also the services will be provided in normal working hours if services are provided outside these hours then the , rates will vary, such as plus 50% outside and bank holidays will be 100%, also the current fuel have been rising in recent months fuel surcharges may, also apply will be informed before any service has been provided .
Furthermore, any other charges incurred by the customer will be liable, also changes made in the duration of transportation charges will also incur for example change of addresses or collection from a remote location. In addition, other charges tunnel crossings and congestion charges and rules, etc will be included.
When a consignment has been ordered by the customer they must ensure necessary collection and delivery times which, also include exact dates and times on the invoices when supplied, furthermore at a later date or 2 months after a delivery has been complete proof of delivery will be available upon request unless separate arrangements are made by the client to the consignee at the time of a booking.
Conditions of a client:
Bookings:
- A verbal or a email to be sent for a booking by the client for them to obtain a quotation.
- Contract between both parties client and carrier to be incorporated
- Any inconsistent terms or conditions contained on confirmed quotation or purchase order by client should be applied by law trade custom practice.
- If the customer has accepted a quotation or a purchase order provided the carrier and the customer decides a no offer it must be verbally explained or in a written email.
- If the carrier has started the services on the supply and demand of the customer referring to a contract and the customer would like attach or include any other purchase or order they wish shall not prevail.#
- The Transport carrier has the right to refuse any bookings.
- Any order or supply to given to the customer
- Carrier to provide a valid quotation to the customer which should be valid for up to 7 days
- The services provided shall continue until the package or parcel has been delivered or shall be terminated from the agreement
- The customer must state that he is the owner of the consignment or has been authorised by such owner to transport goods.
- The carrier and other carriers employed by the carrier for the purpose of fulfilling the contract in the full or part of the service the details must be provided to the customer in any such circumstances, therefore the carrier will declare trust of the subcontract with its right and obligations under the contract to the extent permitted by law.
Delivery:
- The customer to ensure that the goods are in a safe packaged position to be transported
- The carrier with the best of efforts ensure that the goods are transported in the time notified, how these will be a estimated time only and shall to be the main reason in the contract supplied.
- The consignment should be only completed when the carrier has safely off loaded the goods into the delivery point location with a POD signed proof of delivery with a sheet.
Loading Unloading:
- Unless the customer has agreed with the carrier in writing
- Service provided by the carrier and vehicle supplied by carrier shouldn’t be under obligation to provide labour or power this is to be discussed with and customer and its customer on the other side of delivery.
- If forklifts or cranes are used to load unload the customer needs to ensure that equipment is all safe and fit for purpose on the unloading and loading.
- The customer needs ensure that there is safe and clear access on delivery, clear from public pathways.
- The carrier should not be under no liability for any damage whatsoever however if the carrier is instructed with special equipment for loading unloading.
- The carrier is to only provide service between collection and delivery not beyond that.
- The carrier should be required to claims and legal proceedings against any damages and losses which we will suffer in the provision of loading and unloading.
Obligations of the client:
- We as a transport company will ensure that the consignment does not cause any sort of harm to the environment or human health require specific consent or licences to handle certain goods whilst the goods are carrier by us unless the carrier has been advised otherwise which is legal to transported in the UK.
- It will be compliant to the agents and employees sub contractors of the customer with any reasonable carrier relating to handling health and safety correctly to be notified or notify.
- It will provide us as carriers with information that we may need to comply with referring to a order obligations of a contract in order to complete a order.
- There any instructions not given by the customer under a certain contract is prevented and not complied with the carrier will be customer default.
- We as the carrier in accordance to this to have the right to suspend until the certain instructions are put in place by the customer.
- The customer must make sure the goods are labelled and packed in a appropriate manner to be shipped.
- The consignment is in the sole risk of the customer when it is not in our transit.
Undelivered or Unclaimed consignments:
(1) When the Carrier is unable to effect delivery the Carrier shall use its reasonable endeavors to notify the Customer and the Consignee of any undelivered or unclaimed Consignment. The Consignment will be removed from the Carrier’s vehicle the next day and stored at a location of the Carrier’s choosing (additional charges may be incurred for storage and charged to the Customer). Unless the Consignment is collected by the Customer or instructions are provided for the return of further delivery (for which there will be an additional charge) within 10 business days of the notice being given to the Customer, the provisions in clause 19 (Lien) will prevail over the Consignment and the Carrier may sell or destroy the Consignment as if it were the original owner. Any charges incurred by the Carrier in selling or destroying the Consignment may be charged to the Customer.
(2) The Carrier shall use its reasonable endeavors to obtain what is in its view a reasonable price for the Consignment and shall use the proceeds of sale to discharge the Carrier’s expenses incurred in relation to the carriage, storage, and sale or disposal of the Consignment. Any remaining amounts will be charged to the Customer and any proceeds will be paid over to the Customer upon its written request, upon which the Carrier shall be discharged from all liability in respect of the Consignment.
Carriers chargers
(1) 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 deduction or deferment on account of any claim, counterclaim, or set-off. The Customer shall pay the Carrier within 30 days month-end, date of invoice, and the Carrier shall be entitled, without prejudice to any other right, the Carrier shall be entitled to charge interest and legal costs on any overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 as amended from time to time.
(3) If the Customer becomes insolvent or any sums owed by the Customer on any invoice or account with the Carrier become overdue for payment, any credit terms shall be canceled with immediate effect and all invoices or accounts issued by the Carrier shall immediately be deemed due for payment and thereupon become payable.
(4) Unless otherwise agreed with the Customer at the time of the booking, the Carrier shall not be required to obtain a signed or any other type of proof of delivery (including photographic proof) of the Consignment from the Consignee. Where the Carrier does agree at the time of booking to obtain such proof of delivery no payment shall however be withheld by the Customer where the Carrier is unable to provide a proof of delivery unless notification of non-delivery is received by the Carrier no more than 48 hours after the expected time of delivery of the Consignment and the Carrier is subsequently unable to evidence proof of delivery.
(5) The Customer shall pay to the Carrier any storage charges incurred as a result of it exercising its lien in accordance with clause 19
(6) The Customer is entitled to cancel the collection of a Consignment at any time before the agreed collection time. If the Customer cancels the collection less than an hour before the agreed time the Carrier reserves the right to charge a cancellation fee equivalent to 100% of the total agreed charge.
(7) If the Consignment is not ready at the agreed collection time the Carrier reserves the right to charge such fees as notified in the quotation provided, for every 15 minutes or part thereof up until the time the Consignment is ready for loading after the period agreed in the quotation.
(8) If the Consignee has not completed the loading or unloading of a Consignment within 15 minutes of the arrival of the Carrier at either the loading address or the delivery address then the Carrier reserves the right to charge such fees as notified in the quotation provided for every 15 minutes after the agreed period within the quote until the Consignment unloading is complete.
(9) The Carrier‘s charges are subject to adjustment by the Carrier to account for any variation in its costs including (but not limited to) variations in wages, cost of materials, fuel cost, exchange rate fluctuations, alteration of duties, Local Authority rates, National Insurance and other employment costs, VAT and other costs.
(10) In the event that the Carrier provides services in addition to those originally agreed including (without limitation) providing services outside working hours, making deliveries to locations other than the Delivery Address, or outside the time at which the Carrier is to collect or deliver the Consignment, the Carrier shall be entitled to be paid by the Customer such additional amount as represents the additional cost incurred together with a management charge (up to £100).
(11) The Customer shall not be entitled to withhold, deduct, or set-off against any amount due to the Carrier any sum which it alleges is due to it from the Carrier.
(12) The Customer is responsible for ensuring that it has paid the appropriate charges. If at any time the Carrier determines that the Customer has not paid the appropriate charges then the Customer shall be liable to the Carrier for the difference between what the Customer initially paid and the amount which the Customer should have paid. The Carrier may at his discretion suspend any account that the Customer has with the Carrier until any unpaid amount is repaid, as well as take any other legal action the Carrier is entitled to in order to recover any unpaid amounts.
13. Cancellations
(1) The Customer may cancel the order up to 24 hours before and receive a full refund by contacting the Carrier and providing the relevant order number connected to the Consignment.
(2) If an order is canceled within 24 hours of collection, the Carrier will endeavor to cancel the order and issue a refund where possible. If however, the Carrier is unable to cancel delivery without incurring costs, those costs shall be passed on to the Customer and in any case, the Customer shall be unable to cancel the order and shall not be entitled to a refund if the Carrier has collected the Consignment or it has been dropped off/the label has been used.
14. Liability for Loss and Damage
(1) The Customer shall be deemed to have elected to accept the terms set out in sub-clauses (2) and (3) unless, before the transit commences, the Customer has agreed in writing that the Carrier shall be under no liability for loss of, or misdelivery of or damage to or in connection with the Consignment, howsoever or whensoever caused.
(2) Subject to this clause 14, the Carrier shall only be liable for loss or damage to or in connection with the Consignment howsoever or whensoever caused and whether or not caused or contributed to directly or indirectly by any act, omission, neglect, default or other wrongdoing on the part of the Carrier, its employees, contractors, subcontractors or agents if and to the extent that the Carrier has been negligent.
(3) Subject to these Conditions the Carrier shall be liable for:
(a) physical loss, misdelivery of or damage to living creatures, bullion, money, securities, stamps, precious metals, or precious stones comprising the Consignment only if:
(i) the Carrier has specifically agreed in writing to carry any such items; and
(ii) the Customer has agreed in writing to reimburse the Carrier in respect of all additional costs which result from the carriage of the said items; and
(iii) the loss, misdelivery, or damage is occasioned during transit and is proved to be due to the negligence of the Carrier, its employees, contractors, subcontractors, or agents;
(b) physical loss, misdelivery of, or damage to any other goods comprising the Consignment unless the same has arisen from a “Force Majeure Event” which shall mean any act(s), event(s), circumstances(s), or cause(s) the occurrence of which is beyond the reasonable control of the Carrier, including but not limited to:
(i) any consequences of war, invasion, the act of a foreign enemy, hostilities (whether war or not), civil war, rebellion, insurrection, terrorist act, military or usurped power or confiscation, requisition, or destruction or damage by or under the order of any government or public or local authority;
(ii) seizure or forfeiture under legal process;
(iii) error, act, omission, misstatement, or misrepresentation by the Customer or other owner of the Consignment or by servants or agents of either of them;
(iv) inherent liability to wastage in bulk or weight, faulty design, latent defect or inherent defect, vice or natural deterioration of the Consignment;
(v) any special handling requirements in respect of the Consignment which have not been notified to the Carrier;
(vi) insufficient or improper packing, labeling, or addressing;
(vii) riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labor from whatever cause;
(viii) fire, flood, storm, earthquake, pandemic, or epidemic;
(ix) road congestion, road accidents, delays incurred at any delivery location or lack of delivery instructions from the Customer, vehicle breakdown;
(x) Consignee not taking or accepting delivery within a reasonable time after the Consignment has been tendered.
(4) The Carrier shall not in any circumstances be liable for loss or damage arising after transit is deemed to have ended within the meaning of these conditions, whether or not caused or contributed to directly or indirectly by any act, omission, neglect, default or other wrongdoing on the part of the Carrier, its servants, agents or sub-contractors.
(5) The Carrier shall not be liable for any loss or deterioration of, or damage to, or non-delivery, misdelivery of any property (including the Consignment) or any other claim in any circumstances whatsoever, howsoever caused save to the extent that the same is caused by its wilful default or negligence.
(6) Unless agreed otherwise, the Carrier shall not be obliged to ensure the Consignment, and where it does so, will ensure on the conditions set out by the Road Haulage Association and CMR. The Customer is responsible for insuring against all risks for the full insurable value.
15. Fraud
The Carrier shall not in any circumstances be liable in respect of a Consignment where there has been fraud on the part of the Customer or the owner, or the servants or agents of either, in respect of that Consignment, unless the fraud has been contributed to by the complicity of the Carrier or of any servant of the Carrier acting in the course of his employment.
Conditions of a client:
- A verbal or a email to be sent for a booking by the client for them to obtain a quotation.
- Contract between both parties client and carrier to be incorporated
- Any inconsistent terms or conditions contained on confirmed quotation or purchase order by client should be applied by law trade custom practice.
- If the customer has accepted a quotation or a purchase order provided the carrier and the customer decides a no offer it must be verbally explained or in a written email.
- If the carrier has started the services on the supply and demand of the customer referring to a contract and the customer would like attach or include any other purchase or order they wish shall not prevail.#
- The Transport carrier has the right to refuse any bookings.
- Any order or supply to given to the customer
- Carrier to provide a valid quotation to the customer which should be valid for up to 7 days
- The services provided shall continue until the package or parcel has been delivered or shall be terminated from the agreement
- The customer must state that he is the owner of the consignment or has been authorised by such owner to transport goods.
- The carrier and other carriers employed by the carrier for the purpose of fulfilling the contract in the full or part of the service the details must be provided to the customer in any such circumstances, therefore the carrier will declare trust of the subcontract with its right and obligations under the contract to the extent permitted by law.
- The customer to ensure that the goods are in a safe packaged position to be transported
- The carrier with the best of efforts ensure that the goods are transported in the time notified, how these will be a estimated time only and shall to be the main reason in the contract supplied.
- The consignment should be only completed when the carrier has safely off loaded the goods into the delivery point location with a POD signed proof of delivery with a sheet.
- Unless the customer has agreed with the carrier in writing
- Service provided by the carrier and vehicle supplied by carrier shouldn’t be under obligation to provide labour or power this is to be discussed with and customer and its customer on the other side of delivery.
- If forklifts or cranes are used to load unload the customer needs to ensure that equipment is all safe and fit for purpose on the unloading and loading.
- The customer needs ensure that there is safe and clear access on delivery, clear from public pathways.
- The carrier should not be under no liability for any damage whatsoever however if the carrier is instructed with special equipment for loading unloading.
- The carrier is to only provide service between collection and delivery not beyond that.
- The carrier should be required to claims and legal proceedings against any damages and losses which we will suffer in the provision of loading and unloading.
- We as a transport company will ensure that the consignment does not cause any sort of harm to the environment or human health require specific consent or licences to handle certain goods whilst the goods are carrier by us unless the carrier has been advised otherwise which is legal to transported in the UK.
- It will be compliant to the agents and employees sub contractors of the customer with any reasonable carrier relating to handling health and safety correctly to be notified or notify.
- It will provide us as carriers with information that we may need to comply with referring to a order obligations of a contract in order to complete a order.
- There any instructions not given by the customer under a certain contract is prevented and not complied with the carrier will be customer default.
- We as the carrier in accordance to this to have the right to suspend until the certain instructions are put in place by the customer.
- The customer must make sure the goods are labelled and packed in a appropriate manner to be shipped.
- The consignment is in the sole risk of the customer when it is not in our transit.
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- When the Carrier is unable to effect delivery the Carrier shall use its reasonable endeavors to notify the Customer and the Consignee of any undelivered or unclaimed Consignment. The Consignment will be removed from the Carrier’s vehicle the next day and stored at a location of the Carrier’s choosing (additional charges may be incurred for storage and charged to the Customer). Unless the Consignment is collected by the Customer or instructions are provided for the return of further delivery (for which there will be an additional charge) within 10 business days of the notice being given to the Customer, the provisions in clause 19 (Lien) will prevail over the Consignment and the Carrier may sell or destroy the Consignment as if it were the original owner. Any charges incurred by the Carrier in selling or destroying the Consignment may be charged to the Customer.
- The Carrier shall use its reasonable endeavors to obtain what is in its view a reasonable price for the Consignment and shall use the proceeds of sale to discharge the Carrier’s expenses incurred in relation to the carriage, storage, and sale or disposal of the Consignment. Any remaining amounts will be charged to the Customer and any proceeds will be paid over to the Customer upon its written request, upon which the Carrier shall be discharged from all liability in respect of the Consignment.
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- 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.
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- Charges shall be payable when due without deduction or deferment on account of any claim, counterclaim, or set-off. The Customer shall pay the Carrier within 30 days month-end, date of invoice, and the Carrier shall be entitled, without prejudice to any other right, the Carrier shall be entitled to charge interest and legal costs on any overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 as amended from time to time.
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- If the Customer becomes insolvent or any sums owed by the Customer on any invoice or account with the Carrier become overdue for payment, any credit terms shall be canceled with immediate effect and all invoices or accounts issued by the Carrier shall immediately be deemed due for payment and thereupon become payable.
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- Unless otherwise agreed with the Customer at the time of the booking, the Carrier shall not be required to obtain a signed or any other type of proof of delivery (including photographic proof) of the Consignment from the Consignee. Where the Carrier does agree at the time of booking to obtain such proof of delivery no payment shall however be withheld by the Customer where the Carrier is unable to provide a proof of delivery unless notification of non-delivery is received by the Carrier no more than 48 hours after the expected time of delivery of the Consignment and the Carrier is subsequently unable to evidence proof of delivery.
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- The Customer shall pay to the Carrier any storage charges incurred as a result of it exercising its lien in accordance with clause 19
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- The Customer is entitled to cancel the collection of a Consignment at any time before the agreed collection time. If the Customer cancels the collection less than an hour before the agreed time the Carrier reserves the right to charge a cancellation fee equivalent to 100% of the total agreed charge.
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- If the Consignment is not ready at the agreed collection time the Carrier reserves the right to charge such fees as notified in the quotation provided, for every 15 minutes or part thereof up until the time the Consignment is ready for loading after the period agreed in the quotation.
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- If the Consignee has not completed the loading or unloading of a Consignment within 15 minutes of the arrival of the Carrier at either the loading address or the delivery address then the Carrier reserves the right to charge such fees as notified in the quotation provided for every 15 minutes after the agreed period within the quote until the Consignment unloading is complete.
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- The Carrier‘s charges are subject to adjustment by the Carrier to account for any variation in its costs including (but not limited to) variations in wages, cost of materials, fuel cost, exchange rate fluctuations, alteration of duties, Local Authority rates, National Insurance and other employment costs, VAT and other costs.
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- In the event that the Carrier provides services in addition to those originally agreed including (without limitation) providing services outside working hours, making deliveries to locations other than the Delivery Address, or outside the time at which the Carrier is to collect or deliver the Consignment, the Carrier shall be entitled to be paid by the Customer such additional amount as represents the additional cost incurred together with a management charge (up to £100).
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- The Customer shall not be entitled to withhold, deduct or set-off against any amount due to the Carrier any sum which it alleges is due to it from the Carrier.
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- The Customer is responsible for ensuring that it has paid the appropriate charges. If at any time the Carrier determines that the Customer has not paid the appropriate charges then the Customer shall be liable to the Carrier for the difference between what the Customer initially paid and the amount which the Customer should have paid. The Carrier may at his discretion suspend any account that the Customer has with the Carrier until any unpaid amount is repaid, as well as take any other legal action the Carrier is entitled to in order to recover any unpaid amounts.