TERMS AND CONDITION
The Conditions set down the basis on which the Carrier will carry and store Goods for the Customer (definitions of Conditions, Carrier, Goods and Customer are
given in Condition.
agreement in writing signed by a director or proprietor of the Carrier. The Conditions cannot and do not override any statutory provisions imposed by law or the
application of any applicable international conventions. It is expressly stated to be the Customer’s responsibility to read and understand these Conditions which
will form the basis of the Contract under which any claims or disputes are settled. Customers are recommended to take professional advice and must arrange
adequate insurance to provide full cover when the Consignment is in transit and storage.
In these Conditions:
1.1 ADR notice means a notice in writing in relation to the
referral of a dispute to mediation.
1.2 Alternative Dispute Resolution means any procedure
agreed by the parties for the resolution of disputes other
than those involving formal arbitration or litigation.
1.3 Carrier means the person (corporate or otherwise) who
contracts with the Customer to carry and store the Goods.
1.4 Conditions means these Terms and Conditions.
1.5 Contract means the agreement between the Customer
and the Carrier for the carrying out of the transport and storage service in
relation to the Goods including all documents expressly incorporated
1.6 Consignee means the person (corporate or otherwise
and who may or may not be the Customer) to whom the
Carrier contracts to deliver the Consignment.
1.7 Consignment means the consignment of the Goods 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.
1.8 Consignor means the person (corporate or otherwise
who may or may not be the Customer) who supplies the
Consignment to the Carrier for carriage.
1.9 Customer means the person (corporate or otherwise) who contracts
with the Carrier for the carriage of goods.
1.10 Dangerous Goods means Goods of any nature including those listed in
the Approved Carriage List which represent a hazard, or include
radioactive material and explosives of any nature.
1.11 Delay means failure by the Carrier 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 Carrier takes possession of the Goods.
1.12 Exempt Products means 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.
1.13 Goods means the goods whether single or multiple units or in bulk
which are transported in the Consignment.
1.14 Loss means the actual loss of the Goods or failure by the Carrier 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.
1.15 Owner’s Risk means that the Goods are held upon terms that the
Carrier 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 Carrier’s possession.
1.16 The expressions Carrier, Consignee, Consignor and Customer shall
include those parties’ principals, agents and servants.
1.17 Container means a 250cu/ft warehouse container provided by the
Carrier for the Carriage and storage of the Customers Goods
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
2.2 Unless written instructions to the contrary are received from the
Customer, the Carrier may sub-contract part or the whole of the
2.3 Where carriage of any Consignment or part of a Consignment is subcontracted 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 Carrier 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 and shall be under no greater liability to the
Customer than, the Carrier would be under the Contract and the Customer
agrees with the Carrier that no claim shall be made against a subcontractor in addition to or in excess of the limitations and/or exclusions
of liability as set out in these Conditions.
3 Loading and unloading
3.1 The Carrier 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 Carrier in
writing, prior to collection or delivery being made.
3.2 The Customer shall be responsible for all aspects of loading and
unloading the Consignment into and out of the Containers, including
providing and safely operating any equipment that may be required for
loading and unloading the Consignment. If the Carrier’s personnel assist in
any part of loading or unloading then, while they provide such assistance,
the Carrier’s personnel shall be deemed to be under the Customer’s
instruction and control and the Customer accepts full liability for the acts
of such personnel during that period except for any acts of gross
3.3 The Carrier shall not be liable for any loss or damage caused as a result
a) its use of defective equipment supplied by the Consignee or Consignor;
b) the Carrier acting upon the instructions or directions of the Customer,
the Consignor or the Consignee, or their servants or agents, with respect
to the loading and/or unloading of the Consignment; or
c) negligent acts committed by the Consignor or Consignee or their
servants or agents in assisting with loading and/or unloading; and
d) the Customer shall indemnify the Carrier 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 Carrier will endeavour to make the Consignment reasonably
accessible on the vehicle at the place designated for delivery.
3.5 The Customer shall make available to the Carrier 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 Carrier.
4 Goods not be submitted for carriage or storage
4.1 The following items must not be submitted for carriage or storage;
a) Stolen goods, drugs or illegal paraphernalia,
b) Firearms or ammunition.
c) Perishable items and/or those requiring a controlled environment.
d) Any animals, fish, birds or plants.
e) Goods likely to encourage vermin or pests.
f) Odorous goods that emit fumes or smell.
g) Dangerous goods as outlined in Condition 1.12
h) Flammable or explosive goods including gas bottles, aerosols and
i) High value items and large amounts of cash.
4.2 This list is not exhaustive, and the Customer shall seek guidance from
the Carrier if in any doubt.
4.3 The Carrier may notify the Customer in writing at any time if they feel
that any goods are unsuitable for carriage or storage and request that the
Customer takes immediate responsibility for them, subject to Condition 9.
5 Access to goods in storage
5.1 Customer access to goods in storage is by prior appointment only and
is limited to timings suitable for the Carrier.
5.2 The Customer must give a minimum notice period of 5 days in which to
arrange onward Carriage of goods that are in storage. Requested Carriage
slots are subject to availability.
6 Consignment notes/receipts
6.1 The Carrier shall, if requested, sign a document acknowledging receipt
for the carriage of the quantity and description of the Consignment loaded
on to the Carrier’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 Carrier
and/or his agents and/or his servants. The burden of proof in the event of
dispute is with of the Customer.
6.2 The Carrier 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.
7 Carrier’s responsibility
7.1 Goods are accepted by the Carrier for carriage at the Owner’s Risk
where the Carrier is able to show that the Customer has explicitly agreed
to the carriage of the Goods at the Owner’s Risk (or in accordance with
Condition 9.2b). In that event, the Carrier 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 Carrier against any
claims made by any third party (including in relation to the carriage,
retention or storage) in respect of the Goods carried.
7.2 Subject to the provisions of Condition 7.1 above the Carrier’s
responsibility for the Consignment shall commence when the Carrier, its
agents or sub-contractors takes physical control of the Consignment at the
point of collection or by receiving the same at the Carrier’s premises.
7.3 Subject to Condition 7.4 the Carrier’s responsibility and liability for the
Consignment shall end when the Carrier, its agents or sub-contractors
relinquish physical control of the Consignment at the proper place of
delivery or storage or the Consignment is presented at the proper place of
delivery within normal business hours allowing sufficient time for
7.4 If it has been agreed that the Consignee will collect the Goods from the
Carrier’s premises or if the Carrier 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 Carrier’s responsibility for
the Goods shall end at the expiration of 24 hours after notice (by letter,
telephone, fax or email or other agreed method of communication) has
been given to the Consignee and/or the Consignor.
7.5 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 Carrier 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 or delay its agreement unreasonably. Until
such time as any variation to the Contract has been mutually agreed in
writing, the parties shall continue to perform their respective obligations
without taking account of the requested or recommended variation.
8 Carrier’s charges
8.1 The Carrier’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 Carrier shall not be required to take any
steps to obtain payment from the Consignee other than a written request
8.2 Notwithstanding any claim which the Customer may have against the
Carrier, the Carrier’s charges for carriage, storage and any other products
or services chargeable under the Contract shall be payable by the
Customer within the timeframe communicated by the Carrier prior to the
Contract being entered into, and in the event that no timeframe is
communicated, then the charges shall be payable 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 Carrier 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 from
the date when the sum became due to the date of actual payment,
whether before or after any judgment.
8.3 Without limiting the generality of Condition 8.2, the Carrier’s charges
shall be payable when due without reduction or deferment on account of
any claim, counterclaim or set-off.
8.4 In the event that the Customer should cancel Carriage of a
Consignment with less than 24 hours’ notice, the Carrier may charge up to
50 per cent of the previously agreed Carriage charge.
8.5 In the event that the Customer should cancel Carriage of a
Consignment on the same day that it was agreed, the Carrier may charge
up to 100 per cent of the previously agreed Carriage charge.
9 Disposal of the Goods by the Carrier
9.1 In the event that the Carrier is unable for any reason beyond its
reasonable control to deliver the Consignment in accordance with the
Contract, the Carrier shall seek further instructions from the Customer.
The Carrier’s reasonable additional charges for retaining the Goods
pending the arrival of such further instructions and for carrying out those
instructions shall be payable by the Customer.
9.2 Subject to the provisions contained in Condition 9.2a to c below,
where the Carrier is unable to obtain further instructions from the
Customer in accordance with Condition 9.1, the Carrier 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
Carrier from all liability in respect of such Goods, their carriage and
a) The Goods may not be sold unless the Carrier 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 referred to in Condition
9.2 a and of disposal of the Goods under these provisions the Carrier 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 the Owner’s Risk and the Carrier shall not be liable for loss or damage of
the Goods howsoever caused.
c) In the event of a sale of the Goods under this Condition 9 the Carrier
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 Carrier may dispose of them subject to compliance
with all legal requirements in force in respect of such Goods.
9.3 Subject to the provision of Condition 9.1 above, and in circumstances
in which the Carrier is unable to obtain further written instructions, the
Carrier may, in respect of Dangerous Goods, at his sole discretion dispose
of the Dangerous Goods or return them to the Customer. Where such
action is taken by the Carrier, it shall comply with all prevailing legal
requirements that may be in force in respect of the Dangerous Goods. Any
such action taken by the Carrier under this Condition shall be at the sole
risk and expense of the Customer.
10.1 The Carrier will not insure the goods and the customer shall selfinsure or make arrangements to provide sufficient cover (including all
duties and taxes) for the goods against all insurable risks with any right of
the insurer to bring a subrogated claim being excluded.
11 Liability for loss, damage or delay
11.1 Subject to these Conditions, the Carrier shall be liable for:
a) any loss of or damage to the Goods in a Consignment occurring whilst
the Carrier has responsibility for the Consignment and they are being
transported in accordance with Condition 7 above;
b) any delay in the carriage of any Goods in a Consignment arising from
the negligence of the Carrier.
c) The Carrier has no liability for Goods in storage.
11.2 The Carrier’s liability is restricted to the financial limits imposed under
Condition 12 of these Conditions unless otherwise agreed in writing
between the contracting parties prior to the transit commencing.
11.3 The Carrier shall not be liable for whatsoever reason for loss of or
damage to, mis-delivery or loss arising from any delay in respect of Exempt
a) the Carrier has agreed in writing to carry such Goods at the specific
request of the Customer prior to commencement of the transit;
b) the Customer has agreed to reimburse the Carrier with all additional
costs necessarily incurred as a direct result of the Carrier agreeing to carry
c) the loss or damage or delay has been proved to have been caused by
the negligence of the Carrier and/or his agents and/or his servants.
11.4 The Carrier shall be relieved of all liability if such loss, damage or
delay arises from the effect of:
a) an 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) an error, act, omission, mis-statement or mis-representation by the
Customer or other owner of the Goods or by servants or agents of either
e) an 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 Carrier;
g) insufficient or improper packaging, unless the Carrier has contracted to
provide this service;
h) insufficient or improper labelling or addressing, unless the Carrier has
contracted to provide this service;
i) riot, civil commotion, strike, lockout, general or partial stoppage or
restraint of labour from whatever cause;
j) the acts of the Customer, Consignee or Consignor as set out in Condition
k) a delay in providing to the Carrier safe and adequate access and/or
delivering instructions in accordance with Condition 7.4;
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.
11.5 For the avoidance of doubt and without affecting the generality of
Condition 11.1, the Carrier shall not be liable for any loss or damage to the
Goods where the Carrier’s responsibility for the Consignment has ended in
accordance with Conditions 7.3 and 7.4.
12 Limitation of liability of Carrier
12.1 Unless otherwise agreed in writing between the Customer and the
Carrier prior to the commencement of carriage, the liability of the Carrier
in respect of loss of or damage to Goods whilst they are the responsibility
of the Carrier in accordance with Conditions 7 and 11 hereof shall be
limited as follows:
a) where the whole or part of a Consignment is lost or damaged, to a
maximum rate of £5000 per Container 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 6, or otherwise ascertained, or £5000 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 Carrier pending
its receipt from the Customer of proof of the value of the Consignment or
any part thereof.
12.2 The Carrier’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 lower unless agreement has been
made previously in writing between the Carrier and the Customer for a
specific level of liability for such delay or consequential loss.
13 Customer’s indemnity to the Carrier
The Customer shall indemnify the Carrier against:
13.1 Losses suffered by the Carrier arising from any act, omission,
misdirection, mis-statement or negligence by the Customer, Consignor or
Consignee, its servants or agents.
13.2 Claims of any nature for loss or damage resulting from the carriage of
Dangerous Goods where the Customer’s obligations in Condition 4 above
have not been met.
13.3 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 Carrier set out in Condition 12 above.
13.4 Any claims made or penalties imposed by the Commissioners of
Customs and Excise in respect of dutiable goods.
13.5 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
13.6 In the absence of any written notice to the contrary given to the
Carrier before the Goods are submitted for Carriage and storage, the
Customer warrants that all Goods are fit and suitably packaged for
Carriage and storage.
13.7 The Customer warrants that he has made no under declaration as to
the weight of the goods or any incorrect description of all or any part of
the Goods and agrees to indemnify the Carrier against all claims, demands,
costs or expenses of whatsoever nature and by whoever made which may
arise as a result of any breach of such warranty and agrees to pay all
charges for the storage of the additional Goods which are subject to under
13.8 Should the Customer gain access to his Goods in storage pursuant to
Condition 5, the Customer agrees that he will indemnify the Carrier against
any loss or damage occasioned to the Goods and/or the Carrier and/or any
third party or the Goods of any third party as a result of any action or
inaction of the Customer or anyone authorised by him as a consequence
or in the course of such access.
13.9 the Customer shall indemnify the Carrier in respect of any loss,
damage or injury sustained by the Carrier, its servants, agents or any third
party arising directly or indirectly from the presence on the Carriers
premises of any vehicle/trailer/specialist equipment operated or directed
by the Customer on the Carriers premises.
14 Notification of claims
14.1 The Carrier 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
Carrier in writing within 14 days from the Carrier’s responsibility for the
Consignment having commenced in accordance with Condition 7.2 above
and unless a detailed claim giving weight and value and date of collection
are submitted by the Customer to the Carrier in writing within 14 days
from the Carrier’s 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 Carrier in
writing within 7 days from the Carrier’s responsibility for the Consignment
having ended in accordance with Condition 7.3 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 Carrier’s responsibility having
c) damage of any description unless the damaged Goods are made
available to the Carrier’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 Carrier
is informed in writing within three days of the date by which the delivery
should have been made. Where no date for delivery has been agreed
notification should be given within 63 days of the Carrier’s responsibility
for the Consignment having commenced.
14.2 The Carrier 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
Carrier or make the damaged Goods available for inspection within the
specified time limits; and
b) such advice was given at the first reasonable opportunity.
14.3 The Carrier shall not be liable for any claims and shall be discharged
from all liability however arising if the Customer has failed to refer the
claim to arbitration in accordance with Condition 17.3 within one year of
the date that delivery was scheduled to or did take place, or in the event
that no delivery date was agreed and no delivery took place within one
year from the date of the Carrier collected the Goods.
15 Lien and power of sale
15.1 All Consignments delivered to the Carrier for carriage are and will be
received by the Carrier and held by it subject to a lien for all carriage
charges due to the Carrier 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 Carrier for the Customer from time to time.
15.2 If such a lien is not satisfied by payment within a reasonable time of
the Carrier’s demand for payment then the Carrier shall be entitled to
invoke the power of sale set out in Condition 9 over the Goods in the
Carrier’s possession. Such sale shall be subject to the provisions of
Conditions 9.2 and 9.3 above.
15.3 The Carrier 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.
15.4 If the Consignment is not the property of the Customer, the Customer
warrants that he has the authority to grant to the Carrier a particular lien
against the owner of the Goods. The Carrier 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.
16 Detention of Carrier’s property
16.1 The Customer shall, except in the case of negligence by the Carrier,
pay to the Carrier 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
Carrier without prejudice to any rights of the Carrier against any third
party in respect of such detention.
17 Dispute resolution
17.1 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.
17.2 Subject to Condition 17.4, if the dispute is not resolved through
negotiation the parties may attempt to resolve the dispute or claim
through mediation to settle such a dispute. To initiate the mediation a
party must give an Alternative Dispute Resolution (ADR) notice to the
other party referring the dispute to mediation.
17.3 Unless otherwise agreed, the mediation will start not later than 28
days after the date of the ADR notice. Subject to Condition 17.4, no party
may commence any court proceedings in relation to any dispute arising
out of these Conditions until it has attempted to settle the dispute by
mediation and either the mediation has terminated or the other party has
failed to participate in the mediation, provided that the right to issue
proceedings is not prejudiced by a delay.
17.4 The provisions of Conditions 17.1 to 17.3 shall not apply to disputes
relating to non-payment or late payment of any charges.
18.1 Each party undertakes that it shall not at any time disclose to any
person any confidential information concerning the business, affairs,
customers, clients or suppliers of the other party, except as permitted by
18.2 Each party may disclose the other party’s confidential information to
its employees, officers, representatives or advisers who need to know such
information for the purposes of exercising the party’s rights or carrying out
its obligations under or in connection with these Conditions, or as required
by law, a court of competent jurisdiction
or any governmental or regulatory authority. Each party shall ensure that
its employees, officers, representatives or advisers to whom it discloses
the other party’s confidential information comply with Condition 18.1.
17 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.