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Deliveries are to
the ground floor street level only. Social distancing is observed. The driver is instructed not to leave
the vehicle unattended and it is the customers responsibility to inform our
Company of any delivery or collection difficulties, problems or
restrictions, such as access problems, no parking or stopping, delays etc,
or anything where deliveries or collections are not to the ground floor
street level.
It is the responsibility of the customer
to provide a contact name and reachable phone number at the delivery or
collection address and to make sure that somebody is available to take
delivery or hand over the consignment to be collected.
Failure to inform us in advance
of may result in cancellation of the delivery or collection (without
refund), extra charges and/or the delivery being deposited on the street or
land near the delivery address. In the even that the consignment is left at
the delivery address the customer agrees to accept full liability for it
after it has been delivered.
CANCELLATION CHARGES
Ice Cubes/Crushed Ice/Dry Ice cancellation
charges.
Less than 7 days notice = 25%
Less than 72 hours notice = 50%
Less than 24 hours notice = 100%
Refrigerated Courier Bookings.
Less than 72 hours notice = 25%
Less than 24 hours notice = 100%
Disbursements such as ferry fees, hotel
cancellation fees will be added to cancellation charges.
GENERAL CONDITIONS
Definitions
In the Conditions:
1.1 The Company means the person (corporate or
otherwise) who contracts with the Customer to carry the goods.
1.2 Consignee means the person (corporate or otherwise who may or may not be
the Customer) to whom The Company contracts to deliver the consignment.
1.3 Consignor means the person (corporate or otherwise who may or may not be
the Customer) who supplies the consignment to The Company for carriage.
1.4 Customer means the person (corporate or otherwise) who contracts with
The Company for the carriage of goods.
1.5 Contract means the Agreement between the Customer and The Company for
the carrying out of the transport service including all documents expressly
incorporated therein.
1.6 Consignment means goods whether single or multiple units or in bulk
despatched at any one time from one Consignor in a single load from one
address in the United Kingdom to one Consignee at any one other address in
the United Kingdom.
1.7 Dangerous Goods means goods of any nature as may be included in the
Approved Carriage List prepared pursuant to the Carriage of Dangerous Goods
(Classification, Packaging and Labelling) and Use of Transportable Pressure
Receptacles Regulations 1996 as may be amended from time to time and goods
which represent a similar hazard, radioactive material and explosives of any
nature.
1.8 Day means any day Monday to Friday inclusive other than a Bank or
Statutory Holiday, including the delivery day and the day on which any claim
or notice is first made.
1.9 Alternative Dispute Resolution means any procedure agreed by the parties
for the resolution of disputes other than those involving formal arbitration
or litigation.
1.10 Loss means the actual loss of the goods or failure by The Company to
deliver the goods within 30 days of the agreed time limit for delivery or,
if there is no agreed time limit, within 60 days from the date on which the
Carrier took over the goods.
1.11 Delay means failure by The Company to deliver the goods within the
agreed time limit, or if there is no agreed time limit, within the period of
60 days from the date upon which The Company takes possession of the goods.
1.12 Owners Risk means that the goods are held upon terms that The Company
shall not be liable for any loss of whatsoever nature and howsoever caused
including negligence in relation to the goods or as a consequence of the
goods being in The Company's possession. The Customer will indemnify the
Carrier against all claims that may be made against The Company arising from
the carriage, retention or storage of such goods.
1.13 The expressions Carrier, Consignee, Consignor and Customer shall
include those parties' principals, agents and servants.
2.
Principal parties and sub-contractors
2.1 The Customer contracts as the legal owner of
the goods or as the authorised agent of such legal owner in which case the
Customer warrants that he has the authority to accept these Conditions on
behalf of the legal owner.
2.2 Unless written instructions to the contrary are received from the
Customer, The Company may sub-contract part or the whole of the consignment.
2.3 Where carriage of any consignment or part of a consignment is
sub-contracted to a sea, air or rail carrier then the liability of the
carrier and of any sub-contractor shall be limited and/or excluded in
accordance with the conditions of carriage of that sub-contractor or as
provided for by statute or international convention.
2.4 Notwithstanding the provisions of the Condition 2.2, The Company may
not sub-contract the carriage of Dangerous Goods without the prior written
consent of the Customer.
2.5 Where part or the whole of the carriage has been sub-contracted as
provided for in Condition 2.2 above, such sub-contractors shall have the
benefit of these Conditions of Carriage and shall be under no greater
liability to the Customer than or in addition to that of The Company under
the Contract and the Customer agrees with The Company that no claim shall be
made against a sub-contractor in addition to or excess of the limitation
and/or exclusions of liability as set out in these Conditions.
3.
Loading and Unloading
3.1 The Company shall not be required to
provide additional services other than the service for the carriage of the
Consignment from the designated place of collection to the designated place
of delivery unless any such service has been requested by the Customer and
agreed by The Company in writing, prior to collection or delivery being
made. Delivery is to the outside street level of the customers
premises/location of event only. Delivery is to a paved/tarmac
layered/concrete surface. Any other arrangement is between the customer and
the driver.
3.2 The Customer shall be responsible for providing and safely operating any
equipment that may be required for loading the Consignment on or unloading
the Consignment from the vehicle unless arrangements to the contrary are
agreed in writing between The Company and the Customer prior to despatch and
these Conditions shall apply during such loading and/or unloading.
3.3 The Company shall be liable for any loss or damage caused as a result of
its use of defective equipment supplied by the Consignee or Consignor and
the Customer shall indemnify The Company against any claim made against the
Carrier in respect of such loss or damage including claims in respect of
death or personal injury.
3.4 The Company shall not be liable for any loss or damage caused as a
result of negligent acts committed by the Consignor or Consignee or their
servants or agents in assisting with loading and/or unloading and the
Customer shall indemnify The Company against any claim made against the
Carrier in respect of such loss or damage including claims for death or
personal injury.
3.5 The Company will endeavour to make the Consignment reasonably accessible
on the vehicle at the place designated for delivery.
3.6 The Customer shall make available to The Company upon request details of
any risk assessments which may have been carried out at the collection
and/or delivery addresses. The responsibility for carrying out such risk
assessments shall be that of the Customer and not of The Company.
4.
Dangerous Goods
4.1 The Contract for the carriage of Dangerous
Goods shall be voidable by The Company and The Company shall have no
liability unless, prior to loading, The Company receives precise and correct
identification of the substances in writing and has agreed to accept the
same for carriage. Transport Emergency Cards ("Tremcards") must be provided
by the Customer in the form prescribed by the appropriate Statutory
authority giving details of each and every substance The Company is
requested to carry. Written information must be provided in respect of goods
classified as "Dangerous" and where a "Tremcard" is not required by Statute.
"Tremcards" or other written notification provided by the Customer must
accompany each and every Consignment.
4.2 The Customer shall be responsible for ensuring that such substances are
properly and safely packaged and labelled with the identities of the
substances and all other relevant information as specified by any Statutory
requirements for the time being in force.
4.3 The Customer shall be responsible for and indemnify The Company against
any loss or damage and claims made upon The Company in respect of any injury
to persons or damage to property arising from the non-compliance by the
Customer or the Consignor with any of the provisions of these Conditions in
as far as they relate to the carriage of Dangerous Goods, unless the
Customer proves that the loss, damage or injury was due to the negligence of
The Company.
5.
Consignment Notes/Receipts
5.1 The Company shall, if requested, sign a
document acknowledging receipt for the carriage of the quantity and
description of the Consignment loaded on to The Company's vehicle, to the
extent this can be determined, by visual inspection. Such receipt shall not
be evidence as to accuracy of the condition, weight, quantity nor nature of
the goods said to comprise the Consignment at the time the receipt document
is signed by The Company and/or his agents and/or his servants. The burden
of proof in the event of dispute is the responsibility of the Customer.
5.2 The Company shall use its best endeavours to obtain a signed receipt of
delivery of the Consignment from the Consignee unless otherwise agreed with
the Customer. Such receipts will be returned to the Customer as proof of
delivery, unless otherwise agreed in writing by the Customer and/or his
agent and/or his servants.
6.
Carrier's Responsibility
6.1 Goods are accepted by The Company for
carriage at 'owner's risk' where The Company is able to show that the
Customer has explicitly agreed to the carriage of the goods at 'owner's
risk'. In that event, The Company shall not be liable for loss damage or
delay to the goods no matter howsoever or by whomsoever caused and the
Customer agrees to indemnify The Company against any claims made by any
Third Party in respect of the goods carried.
6.2 Subject to the provisions of Condition 6.1 above The Company's
responsibility for the Consignment shall commence when The Company takes
physical control of the Consignment at the point of collection or by
receiving the same at The Company's premises.
6.3 The Company's responsibility for the Consignment shall end when the
Carrier, it's agents or sub-contractors relinquish physical control of the
Consignment at the proper place of delivery or the Consignment is presented
at the proper place of delivery within normal business hours allowing
sufficient time for unloading.
6.4 If it has been agreed that the Consignee will collect the goods from the
Carriers premises or if The Company is prevented from making delivery at the
Consignee's address as a consequence of the absence of a safe and/or
adequate access or unloading facility then The Company's responsibility for
the goods shall end at the expiration of 24 hours after notice by letter,
telephone, fax or e-mail or other agreed method of communication of the
availability of the goods has been given to the consignee and/or the
consignor.
6.5 At any time during the term of the Contract the Customer may request or
the Contractor may recommend variations to the service and/or variations to
any other matters covered by the Contract. The Company shall investigate the
likely impact of any such requested or recommended variations upon the
service, the charge for the service and other aspects of the Contract and
shall report promptly to the Customer. Neither party shall be obliged to
agree to any requested or recommended variation but neither party shall
withhold its Agreement unreasonably. Until such time as any variation to the
Contract resulting therefrom have been mutually agreed in writing, the
parties shall continue to perform their respective obligations without
taking account of the requested or recommended variation.
7.
Carrier's Charges
7.1 The Company's charges shall be payable by
the Customer provided always that, when the goods are consigned 'carriage
forward', the Consignee shall have primary responsibility for the payment of
the carriage charges but the Customer shall pay such charges in the event of
default by the Consignee and The Company shall not be required to take any
steps to obtain payment from the Consignee other than a written request for
payment.
7.2 Notwithstanding any claim which the Customer may have against the
Carrier, The Company's charges for carriage and any other services
incidental to the carriage chargeable under the Contract shall be payable by
the Customer within 30 days of the date of the invoice unless otherwise
agreed in writing. Should the charges not be paid within such a period, then
The Company shall be entitled to interest at the rate of 8 per cent above
the base rate of the Bank of England prevailing at the date of invoice,
calculated on a daily basis.
8.
Disposal of the Goods by The Company
8.1 In the event that The Company is unable for
any reason beyond its reasonable control to deliver the Consignment in
accordance with the Contract, The Company shall seek further instructions
from the Customer. The Company's reasonable additional charges for retaining
the goods pending the arrival of such further instructions and for carrying
out those instructions shall be chargeable to the Customer.
8.2 Subject to the provisions contained in Condition 8.2 (a) to (c) below,
where The Company is unable to obtain further instructions from the Customer
in accordance with Condition 8.1, The Company may sell the goods provided
that such sale is permitted by law. Payment or tender of the net proceeds to
the Customer after deductions of all costs of and charges for carriage,
other services incidental to the carriage chargeable under the contract,
storage and disposal and expenses in relation to the goods shall (without
prejudice to any claim or right which the Customer may have against the
Carrier otherwise arising under the Conditions) discharge The Company from
all liability in respect of such goods, their carriage and storage.
(a) The goods may not be sold unless The Company
shall have made reasonable efforts (having regard, if appropriate, to the
perishable nature of the Consignment) to notify the Customer of the
Carrier's intention to sell the goods. The goods may then be sold unless
within reasonable time (such time to be specified in the notice) the
Customer shall have arranged to collect the goods or given instructions for
their disposal and have paid, without prejudice, all outstanding charges as
referred to in this Condition including any warehousing charges which may
have been incurred during the time that the goods have been retained.
(b) Pending the expiry of such periods of notice as aforesaid and of
disposal of the goods under these provisions The Company shall at the
expense of the Customer have authority to arrange proper storage of the
Consignment. During such period of storage the goods will be held at "owners
risk" and The Company shall not be liable for loss or damage of the goods
howsoever caused.
(c) In the event of a sale under this Condition The Company shall do what is
reasonable to obtain the market value of the Consignment (subject to any
unavoidable deterioration thereof). If the goods have no market value, then
The Company may dispose of them subject to compliance with all legal
requirements in force in respect of such goods.
8.3 Subject to the provision of Clause 8.1 above, and in circumstances in
which The Company is unable to obtain further written instructions, the
Carrier may, in respect of Dangerous Goods only, at his sole discretion
dispose of the goods or return them to the Customer. Where such action is
taken by The Company, it shall comply with all prevailing legal requirements
that may be in force in respect of the goods. Any such action taken by the
Carrier under this Clause shall be at the sole risk and expense of the
Customer.
9.
Liability for Loss, Damage or Delay
9.1 Subject to these Conditions The Company
shall be liable for:
(a) any loss of or damage to the goods in a
Consignment occurring whilst The Company has responsibility for the
Consignment in accordance with Condition 6 above;
(b) any delay in the carriage of any goods in a Consignment arising from the
negligence of The Company.
9.2 The Companys liability is restricted to the financial limits imposed
under Clause 10 of these Conditions unless otherwise agreed in writing
between the contracting parties prior to the transit commencing.
9.3 The Company shall not be liable for whatsoever reason for loss of or
damage to, or mis-delivery or loss arising from any delay in respect of:
Bullion, Precious Metals, Precious Stones, Money (whether in note or coin
form), Securities, Stamps, Legal or Business Documents, Living Creatures or
anything of a similar nature unless:
(i) The Company has agreed in writing to carry
such goods at the specific request of the Customer prior to commencement of
the transit;
(ii) the Customer has agreed to reimburse The Company with all additional
costs necessarily incurred as a direct result of The Company agreeing to
carry such goods;
(iii) the loss or damage or delay has been proved to have been caused by the
negligence of The Company and/or his agents and/or his servants.
9.4 The Company shall be relieved of all liability if such loss, damage or
delay arises from the effect of:
(a) act of God;
(b) any consequence of war, act of foreign power, terrorism, requisition or
destruction of or damage to property by or under the order of any government
or public or local authority;
(c) seizure or forfeiture under legal process;
(d) error, act, omission, mis-statement or mis-representation by the
Customer or other owner of the goods or by servants or agents of either of
them;
(e) inherent liability due to wastage in bulk or weight, latent defect or
inherent defect, vice or natural deterioration of the goods;
(f) any special handling requirements in respect of the goods which have not
been notified to The Company;
(g) insufficient or improper packaging, unless The Company has contracted to
provide this service;
(h) insufficient or improper labelling or addressing, unless The Company has
contracted to provide this service;
(i) riot, civil commotion, strike, lockout, general or partial stoppage or
restraint of labour from whatever cause;
(j) defect of any equipment supplied by the Customer under Condition 3.2 or
any negligence of the Customer's agents or servant;
(k) Delay in providing to The Company safe and adequate access and/or
delivering instructions in accordance with condition 6.4;
(l) Fraud on the part of the Customer, Consignor, Consignee or owner or of
their servants or agents in respect of all or any part of the consignment.
10.
Limitation of Liability of The Company
10.1 Unless otherwise agreed in writing between
the Customer and The Company prior to the commencement of carriage, the
liability of The Company in respect of loss of or damage to goods whilst
they are the responsibility of The Company in accordance with Conditions 6
and 9 hereof shall be limited as follows:
(a) where the whole or part of a Consignment is
lost or damaged to a maximum rate of £1,300 per tonne inclusive of all/any
duties and/or taxes on the gross weight of the Consignment or that
proportion by weight of lost or damaged property as stated on the
consignment note referred to in Condition 5, or otherwise ascertained, or
£500 for the total Consignment whichever is greater but not exceeding the
actual value of the Consignment or part of the Consignment;
(b) for the purpose of this Condition the value referred to is the valuation
of the goods at the time they are accepted for carriage including all duties
and taxes. Provided that no claim shall be accepted by The Company pending
its receipt from the Customer of proof of the value of the Consignment or
any part thereof.
10.2 The Company's liability for any delay or consequential loss shall not
exceed the amount of the claimant's bona fide loss or the amount of the
carriage charges whichever shall be the smaller unless agreement has been
made previously in writing between The Company and the Customer for a
specific level of liability for such delay or consequential loss.
11.
Customer's Indemnity to The Company
The Customer shall indemnify The Company
against:
11.1 losses suffered by The Company arising from
any negligent act, negligent omission, negligent misdirection or negligent
misstatement by the Customer, Consignor or Consignee, its servants or
agents;
11.2 claims of any nature for loss or damage resulting from the carriage of
Dangerous Substances where the Customer's obligations in Condition 4 above
have not been met;
11.3 claims and demands of any nature in respect of loss of or damage to the
goods made by any Third Party additional to or in excess of the limits of
liability of The Company set out in Condition 10 above;
11.4 any claims made or penalties imposed by the Commissioners of Customs
and Excise in respect of dutiable goods;
11.5 claims and demands made by a Third Party attributable to lack of
authority on the part of the Customer to enter into the Contract upon these
Terms and Conditions.
12.
Notification of Claims
12.1 The Company shall not be liable for:
(a) loss or damage of the whole of the
Consignment unless a claim specifying the general nature thereof is
submitted by the Customer to The Company in writing within 14 days from the
Carrier's responsibility for the Consignment having commenced in accordance
with Condition 6.2 above and unless a detailed claim giving weight and value
and date of collection are submitted by the Customer to The Company in
writing within 14 days from The Companys responsibility for the Consignment
having ended or been deemed to have ended;
(b)
loss or damage of any part of a Consignment unless a claim specifying the
general nature thereof is submitted by the Customer to The Company in
writing within seven days from The Company's responsibility for the
Consignment having ended in accordance with Condition 6.3 above and a
detailed claim specifying the weight, value and date of collection and date
of delivery are submitted in writing within 14 days of The Company's
responsibility having ended;
(c) damage of any description unless the damaged goods are made available to
The Company's representative for inspection for a reasonable period
following notification of the claim;
(d) delay in delivery of whole or part of the Consignment unless The Company
is informed in writing within three days of the date by which the delivery
should have been made. For the avoidance of doubt where no date for delivery
has been agreed notification should be given within 63 days of The Company's
responsibility for the consignment having commenced.
12.2 The Company shall not benefit from this exclusion of liability if the
Customer provides evidence that:
(a) in all the circumstances it was not
reasonably possible so to advise The Company or make the damaged goods
available for inspection within the specified time limits and;
(b) such advice was given at the first reasonable opportunity.
13.
Lien and Power of Sale
13.1 All Consignments delivered to The Company
for carriage are and will be received by The Company and held by it subject
to a lien for all carriage charges due to The Company from the Customer for
the carriage, storage rent and/or warehousing charge of the goods and other
proper charges or expenses incurred in respect of or in connection with the
carriage of the particular Consignment and all other goods which may have
been carried by The Company for the Customer from time to time. If such a
lien is not satisfied by payment within a reasonable time of The Company's
demand for payment then The Company shall be entitled to invoke the power of
sale set out in Condition 8 over the Customer's goods in The Company's
possession. Such sale shall be subject to the provisions of Conditions 8.2
and 8.3 above.
13.2 The Company shall be entitled to charge to the Customer the cost of
loading and unloading the goods whilst a lien is being exercised together
with warehouse rent and any other expenses incurred during all periods
during which the lien on the Consignment or any part of the Consignment is
being asserted and all these Conditions shall continue to apply whilst the
lien is being exercised.
13.3 If the Consignment is not the property of the Customer; the customer
warrants that he has the authority to grant to The Company a particular lien
against the owner. The Company may hold the goods against the owner for any
unpaid monies applicable to those goods only, but he may not sell or dispose
of the goods in any way without the express consent of the owner.
14.
Detention of Carrier's Property
The Customer shall, except in the case of
negligence by The Company, pay to The Company any cost or expense occasioned
to it by the improper or excessive detention by the Consignor or Consignee
of any vehicle, trailer, container or covering belonging to or under the
custody or control of The Company without prejudice to any rights of the
Carrier against any Third Party in respect of such detention.
15.
Dispute Resolution
15.1 The parties will attempt, in good faith, to
resolve any dispute or claim arising out of or relating to these Conditions
promptly through negotiations between the respective representatives of the
parties who have authority to settle the same.
15.2 If the matter is not resolved through negotiation the parties may
attempt to resolve the dispute or claim through an Alternative Dispute
Resolution (ADR) procedure as recommended to the parties by the Freight
Transport Association or the Centre for Dispute Resolution.
15.3 If the matter is not resolved by an ADR procedure or if either party
will not or ceases to participate in an ADR procedure, the dispute may be
referred to the arbitration of a single arbitrator or to an arbitrator
appointed at the request of the parties by the President for the time being
of the Chartered Institute of Arbitrators. The apportionment of the cost of
any such arbitration between the parties shall be in the discretion of the
arbitrator. The arbitration shall, unless otherwise agreed, be held in the
town wherein The Company has its main administrative office.
16.
Governing Law
The parties shall agree the legal regime under
which these Conditions shall be construed and interpreted and the courts
which shall have jurisdiction. In the absence of such agreement, the
contract shall be subject to and construed and interpreted in accordance
with English law and shall be subject to the jurisdiction of the courts of
England.
17. Force
Majeure
The Company shall not be liable for
any failure to perform its obligations where the failure is as a result of
Acts of Nature (including fire, flood, earthquake, storm, hurricane or other
natural disaster), war, invasion, act of foreign enemies, hostilities
(whether war is declared or not), civil war, rebellion, revolution,
insurrection, military or usurped power or confiscation, terrorist
activities, nationalisation, government sanction, blockage, embargo, labour
dispute, strike, lockout or interruption or failure of electricity [or
telephone service], and The Company will have a right to terminate this
Agreement in such circumstances.
01072021
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99 Yeovil Road, Slough,
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