1. Acceptable condition of goods
All goods must be suitably and safely packaged. The carrier accepts no liability for any damage howsoever caused in the event of this condition not being complied with.
2. Loading or Unloading
(1) When collection or delivery takes place at the Client’s premises, the Carrier/Contractor shall not be under any obligations to provide any plant, power or labour which, in additions to the Carrier/Contractor’s driver or dispatch rider, is required for loading or unloading at such premises.
(2) Any assistance given by the Carrier beyond the usual place of collection or delivery shall be at the sole risk of the Client who will save harmless and keep the Carrier indemnified against any claim or demand, which could not have been made if such assistance had not been given.
(3) Goods requiring special appliances for unloading from the vehicle are accepted only on condition that the sender had duly ascertained from the consignee that such appliances are available at the destination, Where the Carrier/Contractor is without prior arrangement in writing with the Client, called upon to load or unload such goods, the Carrier shall be under no liability whatsoever to the Client for any damage however caused, whether or not by the negligence of the Carrier and the Client shall save harmless and keep the Carrier indemnified against any claim or demand which could not have been made if such assistance had not been given.
(4) The Carrier will allow up to 15 minutes for waiting when picking up or delivering a consignment. Thereafter, the Carrier will charge the Client for the total waiting time (including the first 15 minutes) at the operative rate. If the Carrier has to leave the collection premises and re-attend because the items for collection are not available or cannot be collected because of their size or contents then the charge for the booking is payable in full. Subsequent visits are chargeable in addition to the initial visit.
3. Dangerous Goods
(1) If the Carrier agrees to accept dangerous goods for carriage such goods must be accompanied by a full declaration of their nature and contents and be properly and safely packed in accordance with any statutory regulations for the time being in force for transport by road or air.
(2) The client shall indemnify the Carrier against all loss, damage or injury, however caused arising out of any dangerous goods whether declared as such or not.
4. Consignment Notes
The Carrier/Contractor shall, if so required, sign a document prepared by the sender acknowledging the receipt of the consignment, but no such document shall be evidence of the condition of the correctness of the declared nature, quantity or weight of the consignment at the time it is received by the Carrier/Contractor.
5. Proof of Delivery and Undeliverable consignments
Where the Carrier/Contractor is unable for whatsoever reason to deliver a consignment to the consignee he will take all reasonable steps to advise the client and obtain revised delivery instructions. The carrier will always seek to obtain a signature or other proof of delivery. In the absence of specific instructions to the contrary by the Client the Carrier will not leave consignments where they cannot obtain proof of delivery. Consignments may be returned to the Carriers premises if the Client cannot be contacted to obtain the necessary permission. Increased delivery charges may be incurred in this way and the consignment will be delayed.
6. The Limit for Claims
i) for loss from a package or from an unpacked consignment: or
(ii) for damage, deviation, mis-delivery, delay of detention, unless the client is advised thereof in writing (otherwise than on a consignment note or delivery document) within fourteen days and the claim be made in writing within 21 days of the commencement of the transit. 21 days of the problem having occurred giving full description of the incident including cost, the carrier, will not accept liability.
Please refer to clause 8 “Limitation of Liability”
7. Liability for Loss and Damage
Subject to these Conditions the Carrier shall be liable for any loss, or mis-delivery of or damage to goods occasioned during transit unless the Carrier shall prove that such loss, mis-delivery or damage has arisen from
(i) Act of God;
(ii) any consequence of war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, insurrection, military or usurped power of confiscation, requisition, destruction of, or damage to property by or under the order of any government or public or local authority;
(iii) seizure under legal process;
(iv) act or emission of the Client or owner of the goods or of the servants or agents of either;
(v) inherent liability to wastage in bulk or weight, latent defect or inherent defect vice or natural deterioration of the goods;
(vi) insufficient or improper packaging;
(vii) insufficient or improper labelling or addressing;
(viii) riots, civil commotion, lockouts, general or partial stoppage or restraint of labour from whatever cause;
(ix) consignee not taking or accepting delivery within a reasonable time.
The Carrier shall not incur liability of any kind in respect of a consignment where there has been fraud on the part of the Client or the owner of the goods or the servants or agent of either in respect of that consignment.
8. Limitation of Liability
Subject to these Conditions the liability of the Carrier in respect of any one consignment shall in any case be limited.
(1) Where the loss or damage however sustained is in respect of the whole of the consignment to a sum of £250.00. (Special insurance can be arranged immediately on request);
(2) Where loss or damage however sustained is in respect of part of a consignment to the proportion of the sum ascertained in accordance with;
(3) of this condition which the actual value of the whole of the consignment;
(4) The Carrier shall not in any case be liable for indirect or consequential damages or for loss of a particular market whether held daily or at intervals;
(5) The Carrier shall be entitled to require proof of the value of the whole consignment.
9. Items excluded from liability
The carrier does not accept any liability for the following items when in transit unless special arrangements have been agreed in writing in advance between the carrier and the client : cash, currency, stamps, glass, jewellery, precious metals, works of art including antiques.
10. General Lien
The Carrier shall have a general lien against the owner of any goods for any monies whatsoever due from such owner to the Carrier. If any lien is not satisfied within a reasonable time the Carrier may at his absolute discretion sell the goods as agent for the owner and apply the proceeds towards the monies due and the expenses of the sale, and shall upon accounting to the Client for the balance remaining, if any, be discharged from all liability whatsoever in respect of the goods.
If you claim or counterclaim against us it will not be the reason for deferring (putting off), or withholding payment or for refusing to repay any monies due under our credit terms.
I agree to be bound by these Terms and Conditions.