Terms and Conditions
Bookings, commencement and duration
- Each booking by the Customer shall be submitted by the Customer to the Carrier by telephone or email.
- The Carrier shall provide a quotation for the delivery of the Consignment, such a quotation shall be valid for a period of 7 days or such other period as the Carrier may specify.
- The Carrier reserves the right to refuse to accept any bookings.
- The services supplied under this agreement shall be provided by the Carrier to the Customer from the date of acceptance by the Carrier of the Customer’s offer in accordance with condition 2.2. above.
- The services supplied shall continue to be supplied until the Consignment is delivered to the delivery address or the agreement is terminated.
- Each Booking by the Customer with the Carrier shall be submitted by the Customer to the Carrier via telephone, email, or Online.
- The Carrier shall provide the Customer with a quotation for the carriage of the Consignment in question and such quotation shall be valid for a period of 7 days or such other period as the Carrier may specify. The Carrier shall provide written quotations to the Customer upon request. All Bookings are subject to acceptance by the Carrier and the Carrier reserves the right to refuse to accept any Bookings. All Bookings are subject to and governed by these Conditions, shall be deemed to be a separate and independent contract and the Carrier reserves the right to amend any Booking at any time upon notice to the Customer.
- The contract between the Customer and Carrier in respect of a Booking (the Contract) will be formed when the Carrier confirms receipt of that Booking. Customers should note that their Booking will not have been accepted by the Carrier until the time of such confirmation.
- Additional charges (including, without limitation, time charges for waiting and/or loading) may be imposed by the Carrier (and the Customer shall pay such charges) if the Carrier is prevented from performing its obligations under these Conditions by reason of the acts and/or omissions of the Customer.
- Unless agreed otherwise by the Carrier, the Consignment shall only be delivered to the address specified by the Customer at the time of Booking and the Carrier reserves its right to vary its charges by written notice to the Customer following any variation of the delivery address by the Customer.
- All quotations for the Carriers charges are calculated in accordance with the length of the journey for the shipment, the dimensions and gross weight of the Consignment and the type of Consignment service specified in the Booking. The Carrier offers a range of Consignment services including, without limitation, same day, overnight and international deliveries. The Carrier will calculate its quotation to the Customer and charge the Customer based on the mileage required to undertake the requested journey (as determined by an industry standard form of measurement and subject to an agreed tolerance level of [+/-5%] of the total mileage for the requested journey). Further details of the Carriers charges and standard Consignment services are available upon request.
- If the Customer requires additional services over and above the Carriers standard carriage of Consignments, the Customer should contact the Carrier to discuss this. Whilst the Carrier will take reasonable steps to fulfil the Customers additional requirements if the additional services involve supervision, direction or control as to the manner in which the Carriers services are performed the Customer must contact the Carrier in advance as the Customer may be required to agree additional charges in advance with the Carrier.
PARTIES AND SUB-CONTRACTING
- The Customer warrants that he is either the owner of the Consignment or is authorised by such owner to accept these Conditions on such owner’s behalf.
- The Carrier, and any other carrier employed by the Carrier, may employ the services of any other carrier for the purpose of fulfilling the Contract in whole or in part and the name of every other such carrier shall be provided to the Customer upon request. The Carrier may at any time assign, mortgage, charge, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract, to the extent permitted by law.
- The Carrier contracts for itself and as agent for its servants and agents and all other carriers referred to in (2) above and such other carriers ‘ servants and agents and every reference in these Conditions to “the Carrier ” shall be deemed to include every other such carrier, servant and agent with the intention that they shall have the benefit of the Contract and collectively and together with the Carrier be under no greater liability to the Customer or any other party than is the Carrier hereunder.
- The Customer will ensure that the Consignment is properly and safely packed and secure and safe to be carried, stored and transported.
- The Carrier will use all reasonable efforts to ensure Consignments are delivered in accordance with the time notified to the Customer, however, it is agreed that such times are estimates only and time shall not be of the essence for the purpose of this agreement.
- When Consignments are to be collected from a Customer’s address the Customer will provide appropriate equipment and labour for loading the Consignment.
- Delivery shall be deemed to be completed when the Carrier completes unloading of the Consignment to the Delivery Address, and a proof of delivery is obtained and a signature is obtained (“POD “). The driver who delivers the Consignment shall scan the POD and upload photographic evidence as required by the Carrier.
INDEMNITY TO THE CARRIERThe Customer shall indemnify the Carrier against:
- All losses suffered by the Carrier (including but not limited to claims, demands, proceedings, fines, penalties, damages, costs, expenses and loss of or damage to the carrying vehicle and to other goods carried) as a result of any breach by the Customer of these Conditions, fraud, error, omission, or misrepresentation by the Customer, owner of the Consignment or Consignee;
- All claims and demands made against the Carrier by any third party in excess of the liability of the Carrier under these Conditions;
- All losses suffered by and claims made against the Carrier resulting from loss of or damage to property caused by or arising out of the carriage of Dangerous Goods, Excluded Goods and/or the Prohibited Items;
- All claims made upon the Carrier by HM Revenue & Customs in respect of dutiable goods consigned in bond whether or not transit has ended or been suspended; and
- All claims and demands made against the Carrier as a result of a breach of clause 16.3.
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.
If any provision of these Conditions is held by any court or competent authority to be invalid or unenforceable in whole or in part, the validity of the remainder of these Conditions and of such provision shall continue in full force and effect.