Terms and Conditions of Carriage - with effect from 1 September 2009
Please note that the customer will not in all circumstances be entitled to compensation, or to full compensation. For any loss and is therefore recommended to seek professional advice as to appropriate insurance cover to be maintained while consignments are in transit.
RHA membership Number:0028586-000 (Hereinafter referred to as "the Carrier"} is not a common carrier and accepts goods for carriage only upon that condition and the Conditions set out below. No servant or agent of the Carrier is permitted to alter or vary these Conditions in any way unless expressly authorized in writing to do so by a Director. Principal, Partner or other authorised person. If any legislation is compulsory applicable to the Contract and any part of these Conditions is incompatible with 'Ouch legislation, such part shall. As regards the Contract, be overridden to that extent and no further.
In these Conditions: "Customer" means the person or company who contracts for the services of the Carrier including any other carrier who gives a Consignment to the Carrier for carriage. "Contract" means the contract of carriage between the Customer and the Carrier. "Consignee" means the person or company to whom the Carrier contracts to deliver the Consignment. "Consignment . Means goods, whether a single item or in bulk or contained in one parcel, package or container. As the case may be, or any number of separate items. Parcels, packages or containers sent at one time in one load by or for the Customer from one address to one address's. "Dangerous Goods" means goods named individually in the Approved Carriage list issued from time to time by the Health and Safety Commission. Explosives. Radioactive material and any other goods presenting a similar hazard.
1.2 Parties and Sub-Contractors
(1) 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. (2) 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. (3) The Carrier contracts for itself and as agent of and trustee 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. (4) Notwithstanding Condition 2(3) the carriage of any Consignment by rail, sea, inland waterway or air is arranged by the Carrier as agent of the Customer and shall be subject to the Conditions of the rail, shipping, inland waterway or air carrier contracted to carry the Consignment. The Carrier shall be under no liability whatever to whomsoever and howsoever arising in respect of such carriage: Provided that where the Consignment is carried partly by road and partly by such other means of transport any loss, damage or delay shall be deemed to have occurred while the Consignment was being carried by road unless the contrary is proved by the Carrier.
1.3 Dangerous Goods
Dangerous Goods must be disclosed by the Customer and if the Carrier agrees to accept them for carriage they must be classified. Packed and label~ in accordance with the statutory regulations for the carriage by road of the substance declared. Transport Emergency Cards (Tremcards) or information in writing in the manner required by the relevant statutory provisions must be provided by the Customer in respect of each substance and must accompany the Consignment.
1.4 Loading and Unloading
(1) Unless the Carrier has agreed in writing to the contrary with the Customer: (a) The Carrier shall not be under any obligation to provide any plant, power or labour. Other than that carried by the vehicle. Required for loading or unloading the Consignment. (b) The Customer warrants that any special appliances required for loading or unloading the Consignment which are not carried by the vehicle will be provided by the Customer or on the Customer's behalf. (c) The Carrier shall be under no liability whatever to the Customer for any damage whatever. however caused, if the Carrier is instructed to load or unload any Consignment requiring special appliances which, in breach of the warranty in (b) above, have not been provided by the Customer or on the Customer's behalf. (d) The Carrier shall not be required to provide service beyond the usual place of collection or delivery but if any such service is given by the Carrier it shall be at the sole risk of the Customer. (2) The Customer shall indemnify the Carrier against all claims and demands whatever which could not have been made if such instructions as are referred to in (1) (c) of this Condition and such service as is referred to in (1) (d) of this Condition had not been given.
1.5 Signed Receipts
The Carrier 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 or of the correctness of the declared nature, quantity, or weight of the Consignment at the time it is received by the Carrier and the burden of proving the condition of the Consignment on receipt by the Carrier and that the Consignment was of the nature. Quantity or weight declared in the relevant document shall rest with the Customer.
(1) Transit shall commence when the Carrier takes possession of the Consignment whether at the point of collection or at the Carrier's premises. (2) Transit shall (unless otherwise previously determined) end when the Consignment is tendered at the usual place of delivery at the Consignee's address within the customary cartage hours of the district: Provided that; (a) if no safe and adequate access or no adequate unloading facilities there exist then transit shall be deemed to end at the expiry of one dear day after notice in writing (or by telephone if so previously agreed in writing) of the arrival of the Consignment at the Carrier's premises has been sent to the Consignee; and (b) when for any other reason whatever a Consignment cannot be delivered or when a Consignment is held by the Carrier 'to await order' or 'to be kept till called for' Or upon any like instructions and such instructions are not given or the Consignment is not called for and removed within a reasonable time, then transit shall be deemed to end.
1.7 Undelivered or Unclaimed Consignments
Where the Carrier is unable for any reason to deliver a Consignment to the Consignee or as he may order, or where by virtue of the proviso to Condition 6(2) hereof transit is deemed to be at an end. The Carrier may sell the Consignment. and payment or tender of the proceeds after deduction of all proper charges and expenses in relation thereto and of all outstanding charges in relation to the carriage and storage of the' Consignment shall (without prejudice to any claim or right which the Customer may have against the Carrier otherwise arising under these Conditions) discharge the Carrier from all liability in respect of such Consignment, its carriage and storage: Provided that: (1) The Carrier shall do what is reasonable to obtain the value of the Consignment; and (2) The power of sale shall not be exercised where the name and address of the sender or of the Consignee is known unless the Carrier shall have done what is reasonable in the circumstances to give notice to the sender or. If the name and address of the sender is not known, to the Consignee that the Consignment will be sold unless within the time specified in such notice. Being a reasonable time in the circumstances, from the giving of such notice, the Consignment is taken away or instructions are given for its disposal.
1.8 Carrier's Charges
(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)If you are a business customer with a business account then:(a) you shall make payment to us within 7 days of the relevant invoice being issued to you, such invoice to be issued monthly in arrears;(b) without limiting any other right or remedy of ours, if you (as a business customer only) fail to make any payment due to us by the due date for payment, we shall have the right to charge interest on the overdue amount at the rate of 8% per annum above the then current Bank of England’s base lending rate accruing on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly; and(c) you shall pay all amounts due under this Agreement in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. We may, without liming our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.(3)If you are not a business customer with a business account, you shall pay all charges applicable in respect of the Service(s) provided by us in accordance with the payment terms set out in the Service Order.(4)We charge for our Service(s) based on the dimensions and weight of each Consignment. We may check the dimensions and/or weight of each Consignment. In the event we find that the dimensions and/or weight of a Consignment have been under-declared by you, you agree:(a) that the dimensions and/or weight that we reasonably determine may be used for the purpose of the calculation of our charges;(b) we may charge any price difference to you in accordance with our current rates and may also charge an administration fee for correcting such underpayment/additional charge (together, “Correction Charges”);(c) if you are a business customer with a business account, to pay the Correction Charges in accordance with the terms above (2);(d) if you are not a business customer with a business account, to authorise us to debit the Correction Charges directly from your prepay balance, the debit/credit card, Prepay or PayPal account that you used to make the original payment. If the Correction Charges (whether whole or part) cannot be paid by this means, the balance is due within 7 days of a relevant invoice being issued to you; and(e) we may suspend performance of the Service(s) until the Correction Charges are received by us. If we exercise this right, we shall not be liable to you in any circumstances for any costs or losses arising directly or indirectly that you may suffer as a result. (f)We may also choose to remove any active discount codes on the account.(5)Should the provision of any Service(s) mean that we have to deliver a Consignment on a bank or other public holiday, we shall be entitled to make a reasonable extra charge for any additional costs incurred by us as a result.(6)All charges stated, whether by invoice or in the Service Order, shall be exclusive of any applicable value added tax, which shall be added to the total sum payable to be repaid by you.(7)From time to time, we may provide you with a single use discount code to be used with your order. You may only use a single discount code once with one order.(8)In the event that you use the same discount code with more than one order, we may, at our absolute discretion:(a) cease trading with you and/or your business;(b) remove your ability to place orders with us; and/or(c) intercept your Consignment(s) and re-direct it to our depot. An administration charge of per Consignment is applicable, should you wish for the Consignment(s) to be re-shipped and/or collected.(9) We shall be entitled to exercise any possessory rights, or rights of lien (including the rights to disposal of the Consignment), available to us over any Consignment in our possession against you. We have the right to enforce the above Lien notwithstanding the title of the Consignment.
1.9 Liability for Loss and Damage
(1) The Customer shall be deemed to have elected to accept the terms set out in (2) of this Condition unless, before the transit commences, the Customer has agreed in writing that the 'Carrier shall not be liable for any loss or mis-delivery of or damage to or in connection with the Consignment however or whenever caused and whether or not caused or contributed to directly or indirectly by any act, omission, neglect, default or other wrongdoing on the part o~ the Carrier, its servants, agents or sub-contractors. (2) Subject to these Conditions the Carrier shall be liable for: (a) physical loss, mis-delivery 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, mis-delivery or damage is occasioned during transit and is proved to be due to the negligence of the Carrier, its servants, agents or sub-contractors; (b) Physical loss, mis-delivery of or damage to any other goods comprising the Consignment unless the same has arisen from, and the Carrier has used reasonable care to minimize the effects of: (i) Act of God; (ii) any consequences of war, invasion, act of 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; (iii) seizure or forfeiture under legal process; (iv) error, act, omission, mis-statement or misrepresentation by the Customer or other owner of the Consignment or by servants or agents of either of them; (v) inherent liability to wastage in bulk or weight, faulty design, latent defect or inherent defect, vice or natural deterioration of the Consignment; (vi) insufficient or improper packing; (vii) insufficient or improper labeling or addressing; (viii) riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labour from whatever cause; (ix) Consignee not taking or accepting delivery within a reasonable time after the Consignment has been tendered, (3) 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 Condition 6(2) hereof, 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,
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,
1.11 Limitation of Liability
(1) Except as otherwise provided in these Condition, the liability of, the Carrier in respect of claims for physical loss, mis-delivery of or damage to goods comprising the Consignment, howsoever arising, shall in all circumstances be limited to the lesser of (a) the value of the goods actually lost, mis-delivered or damaged; or (b) the cost of repairing any damage or of reconditioning the goods; or (c) a sum calculated at the rate of £1.30 per kg on the gross weight of the goods actually lost, mis-delivered or damaged; and the value of the goods actually lost, mis-delivered or damaged shall be taken to be their invoice value if they have been sold and shall otherwise be taken to be the replacement cost thereof to the owner at the commencement of transit, and in all cases shall be taken to include any Customs and Excise duties or taxes payable in respect of those goods: Provided that: (I) in the case of loss, mis-delivery of or damage to a part of the Consignment the weight to be taken into consideration in determining the amount to which the Carrier's liability is limited shall be only the gross weight of that part regardless of whether the loss, mis-delivery or damage affects the value of other parts of the Consignment; (ii) nothing in this Condition shall limit the liability of the Carrier to less than the sum of £10; (iii) the Carrier shall be entitled to proof of the weight and value of the whole of the Consignment and of any part thereof lost, mis-delivered or damaged; (iv) the Customer shall be entitled to give to the Carrier written notice to be delivered at least 7 days prior to commencement of transit requiring that the £1.30 per kg limit in 11 (I)(c) above be increased, but not so as to exceed the value of the Consignment, and in the event of such notice being given the Customer shall be required to agree with the Carrier an increase in the carriage charges in consideration of the increased limit, but if no such agreement can be reached the aforementioned £10 per kg limit shall continue to apply, (2) The liability of the Carrier in respect of claims for any other loss whatsoever (including indirect or consequential loss or damage and loss of market), and howsoever arising in connection with the Consignment, shall not exceed the amount of the carriage charges in respect of the Consignment or the amount of the claimant's proved loss, whichever is the lesser, unless; (a) at the time of entering into the Contract with the Carrier the Customer declares to the Carrier a special interest in delivery in the event of physical loss mis-delivery or damage or of an agreed time limit being exceeded and agrees to pay a surcharge calculated on the amount of that interest, and (b) at least 7 days prior. to the commencement of transit the Customer has delivered to the Carrier written confirmation of the special interest, agreed time limit and amount of the interest.
1.12 Indemnity to the Carrier
The Customer shall indemnify the Carrier against: (1) all liabilities and costs incurred by the Carrier (including but not limited to claims, demands, proceedings, fines, penalties, damages, expenses and loss of or damage to the carrying vehicle and to other goods carried) by reason of any error, omission, mis-statement or misrepresentation by the Customer or other owner of the Consignment Or by any servant or 'agent of either of them, insufficient or improper packing, labeling or addressing of the Consignment or fraud as in Condition la; (2) all claims and demands whatsoever (including for the avoidance of doubt claims alleging negligence), by whomsoever made and howsoever arising (including but not limited to claims caused by or arising out of the carriage of Dangerous Goods and claims made upon the Carrier by HM Customs and Excise in respect of dutiable goods consigned in bond) in excess of the liability of the Carrier under these Conditions in respect of any loss or damage whatsoever to, or in connection with, the Consignment 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.
1.13 Time Limits for Claims
(1) The Carrier shall not be liable for: (a) damage to the' whole or any part of the Consignment, or physical loss, mis-delivery or non-delivery of part of the Consignment unless -', '. advised thereof in. writing within seven days, and the claim is made, in writing within fourteen days, after the termination of transit; (b) any other loss unless advised thereof in writing within twenty-eight days, and the claim is made in writing within forty-two days, after the commencement of transit, Provided that if the Customer proves that, (i) it was not reasonably possible for the Customer to advise the Carrier or make a claim in writing within the time limit applicable, And (ii) such advice or claim was given or made within a reasonable time the Carrier shall not have the benefit of the exclusion of liability afforded by this Condition. (2) The Carrier shall in any event be discharged from all liability whatsoever and, howsoever arising in respect of the Consignment unless suit is brought within one year of the date when transit commenced, (3) In the computation of time where any period provided by these Conditions is seven days or less, Saturdays, Sundays and all statutory public holidays shall be ,excluded,
(1) The Carrier shall have a general lien against the Customer, where the Customer is the owner of the Consignment, for any monies whatever due from the Customer to the Carrier. If such a lien is not satisfied within a reasonable time, the Carrier may, at its absolute discretion sell the Consignment, or part thereof, as agent for the Customer and apply the proceeds towards the monies due and the expenses of the retention, insurance and sale of the Consignment and shall, upon accounting to the Customer for any balance remaining, be discharged from all liability whatever in respect of the Consignment, (2) Where the Customer is not the owner of the Consignment, the Carrier shall, have a particular lien against the said owner, allowing the Carrier to retain possession, but not to dispose of, the Consignment against monies due from the Customer in respect of the Consignment,
1.15 Unreasonable Detention
The Customer shall be liable to pay demurrage for unreasonable detention of any vehicle" trailer, container or other equipment but the rights of the Carrier against any other person in respect thereof shall remain unaffected.
1.16 Law and Jurisdiction
The Contract shall be governed by English law and United Kingdom courts alone shall have jurisdiction in any dispute between the Carrier and the Customer. © Road Haulage Association Limited 2009 Registered under the provisions of the Restrictive Trade Practices Act 1976.
1.17 International Carriage
(1) If we are requested to collect from, or deliver a Consignment to, a country outside of the United Kingdom, our terms of liability shall be governed by the relevant provisions of the Convention on the Contract for International Carriage of Goods by Road, as set out in the Schedule to the Carriage of Goods by Road Act 1965 (as amended) (“the CMR Regulations”) and, in particular, articles 17 onwards and those provisions shall be deemed to be incorporated into this Agreement and will apply in place of any inconsistent terms within these Terms and Conditions. We can provide a copy of these provisions if requested, but even if these are not requested, you will be deemed to have read, understood and agreed to them and their incorporation into this Agreement.(2) We shall not be responsible for any local customs charges or delays, import taxes or duties or any similar charge(s) which are incurred through our carriage and/or delivery of any Consignment and you must satisfy yourself as to whether any of these charges will become due, and if so in what amounts, before completing an order with us. If any such charges become due as a result of our carriage and/or delivery of a Consignment on your behalf and are charged to us by any competent authority, you agree to reimburse us fully in respect of the same within 7 days of our demand. (3) You acknowledge and agree that all Consignments which are to be delivered to the European Union or Northern Ireland may require a commodity code to be declared within the booking process (see https://www.gov.uk/trade-tariff). The commodity code classifies goods for import and export and will enable customs authorities to determine if any taxes and/or duties are payable. If the local customs authority determines that any additional taxes or duties are payable because you have provided us with an incorrect community code for your Consignment, you acknowledge and agree that the customs authority will impose such taxes or duties, which the recipient of the goods will be required to pay. It is, therefore, your responsibility to ensure that when you place a Service Order for any Consignment which is to be delivered to the European Union or Northern Ireland, you select the correct commodity code and that is it accurate to the best of your knowledge. We accept no responsibility or liability if such additional taxes or duties are payable in such circumstances.
1.18 Applicable Law
(1) This Agreement and any dispute arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England.(2) You irrevocably agree, for our sole benefit that, subject as provided below, the courts of England shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual claims). Nothing in this clause shall limit our right to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions prevent us from taking proceedings in any other jurisdictions, whether at the same time or not, to the extent permitted by the law of that other jurisdiction.
In addition to 1 to 1.16 above, Premium Plus is a Guaranteed Express service from the United Kingdom to Germany only and is subject to the additional conditions and exclusions that follow. (1) Full contact name and phone number for delivery point must be supplied. (2) Goods must be pre-palletised prior to collection. (3) We are unable to supply an empty pallet prior to loading. (4) Service applicable exporting from the United Kingdom to Germany only (not available to all districts), (5) No imports. (6) Guaranteed 2 working day service. (7) Applies to standard size pallets only and not oversized. (8) with the expectation of acts of god, war, shuttle hold up. If none of these apply and a delay occurs and fault is found with the pallet network (Palletways), then the pallet will be couriered at the networks expense.
Supply of Empty Pallet
In addition to 1 to 1.16, 2 above, the supply of empty pallet/s is subject to the additional conditions and exclusions that follow. (1) Not available for sameday collections. (2) Not available for collections from "Residential Addresses". (3) It is the responsibility of the collection point to palletise and secure the load in accordance with the above prior to collection of the Carrier. (4) Supply is of empty pallet only and not wrap. (5) Unable to supply empty pallet/s for personal items, engines, gearboxes and Aga cookers.