Terms & Conditions
Baron Trans LTD (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 may alter or modify these Conditions unless expressly authorised in writing by a duly authorised person. If any provision of these Terms and Conditions is incompatible with applicable law, that provision shall be null and void only to the extent required by law.
1. Definitions
In these Circumstances:
- “Customer” refers to the individual, organisation, or business that contracts for the Carrier’s services.
- The “Contract” refers to the carriage agreement between the Customer and the Carrier.
- “Consignee” refers to the individual or business with whom the Carrier has contracted to deliver the shipment.
- “Consignment” refers to goods, whether a single item or in bulk or contained in one parcel, package, or container, as applicable, or any number of separate items, parcels, packages, or containers sent at one time in one load from one address to another by or for the Customer to the Consignee.
- “Dangerous Goods” refers to the goods listed in the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (CDG) and the European agreement “Accord européen relatif au transport international des marchandises dangereuses par route” (ADR), which regulate the carriage of dangerous goods by road, including explosives, radioactive material, and any other goods presenting a similar hazard.
- “Demurrage” refers to any costs or expenses incurred by the Carrier as a result of the improper, excessive, or unreasonable detention of any vehicle, trailer, or other equipment owned or under its control.
- The term “force majeure event” has the meaning specified in Condition 14(3)(b).
- “In writing” includes, unless otherwise agreed, the transmission of information by electronic, optical, or similar means of communication, including, but not limited to electronic mail or electronic data interchange (EDI), provided that the information is readily accessible and durable so as to be usable for subsequent reference.
2. Application of Conditions
1 – The terms shall:
a) apply to the contract between the Customer and the Carrier and be incorporated into it;
b) prevail over any inconsistent terms or conditions contained in the Customer’s purchase order, confirmation of order, acceptance of a quotation or specification, or implied by law, trade custom, practise, or course of dealing.
2 – The Customer’s purchase order, or the Customer’s acceptance of a quotation for services by the Carrier, constitutes an offer by the Customer to purchase the services specified in the purchase order in accordance with these Terms and Conditions. No other offer made by the Customer will be accepted by the Carrier.
(a) by a written or verbal acknowledgement of the Carrier’s quote; or
(b) (if earlier) by the Carrier commencing to provide services when a contract for the supply and purchase of those services under these Conditions will be formed. The Customer’s standard terms and conditions (if any) affixed, enclosed, or referenced in any purchase order or other document shall not apply.
3 – The Road Haulage Association Limited Conditions of Carriage 2020 (the “RHA Terms”) are incorporated herein by reference. In the event of any inconsistency or conflict between the RHA Terms and these Conditions, the RHA Terms shall take precedence.
3. Reservations, start date, and duration.
1 – The Customer must call or email the Carrier with each reservation request.
2 – The Carrier shall provide a quotation for the delivery of the shipment, which shall be valid for seven days or such other period as the Carrier may specify.
3 – Carrier reserves the right to refuse any reservations.
4 – The Carrier shall provide the Customer with the services specified in this agreement beginning on the date the Carrier accepts the Customer’s offer in accordance with conditions 2(1)&(2). attached above.
5 – The services shall be provided until the Consignment is delivered to the delivery address or until the agreement is terminated.
4. Parties and Subcontracting
(1) The Customer warrants that he is either the Consignment’s owner or is authorised by the Consignment’s owner to accept these Conditions on behalf of the Consignment’s owner.
(2) The Carrier and any other carrier employed by the Carrier may use the services of any other carrier to fulfil the Contract in whole or in part, and the name of every other such carrier shall be provided to the Customer upon request. To the extent permitted by law, the Carrier may at any time assign, mortgage, charge, delegate, declare a trust over, or otherwise deal with any or all of its rights and obligations under the Contract, to the extent permitted by law.
(3) The Carrier contracts for itself and as agent for its servants and agents as well as 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 intent 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 person.
(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 to be performed by a third party and is subject to the terms and conditions of the third party rail, shipping, inland waterway, or air carrier contracted to carry the Consignment. The Carrier shall have no liability whatsoever to whomsoever and however 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 transported by road, unless the contrary is proven by the Carrier.
5. Perilous Goods
(1) The Carrier is not required to transport Dangerous Goods or Cargo.
(2) It is the responsibility of the Customer to determine whether the contents of any Consignment constitute Dangerous Goods, are prohibited, or are subject to restrictions or specific requirements within the United Kingdom or the country of destination for international deliveries.
(3) The Customer must not send or attempt to send a Consignment containing any Dangerous Goods, prohibited or restricted goods via the Carrier without disclosing this information to the Carrier.
(4) If the Customer sends or attempts to send Dangerous Goods, prohibited or restricted goods, the Customer may be prosecuted and shall indemnify and keep indemnified the Carrier and its employees, contractors, subcontractors, and agents against any loss or damage suffered or liability incurred as a result of such actions.
(5) If a Consignment containing any Dangerous Goods, prohibited or restricted goods is sent by the Customer, the Carrier may deal with the Consignment in its sole and absolute discretion (without incurring any liability to the Customer or Recipient), including destroying or otherwise disposing of such Parcel or Consignment in whole or in part or returning the Consignment to the Customer, and shall be entitled to charge the Customer the cost of disposal and all other expenses incurred.
(6) The Carrier may, acting reasonably, add or remove items from the definition of prohibited goods or restricted goods (and may modify any applicable restrictions) at any time by posting the details of such additions and deletions on its website.
(7) The Customer shall be liable to the Carrier, its employees, subcontractors, and agents for all loss, damage, or injury arising out of the carriage of Dangerous Goods, prohibited or restricted goods, whether declared as such or not, and all goods not properly packed and duly labelled (or not in compliance with any other specific requirements), to the extent that such loss, damage, or injury is caused by the nature of the goods.
(8) Dangerous Goods (prohibited and restricted goods) must be declared by the Customer, and if the Carrier agrees to transport them, they must be classified, packed, marked, labelled, and documented in accordance with the statutory regulations for the carriage by road of the declared substance.
(9) Transport Emergency Cards (Tremcards) or written information in accordance with the applicable statutory provisions must be provided by the Customer for each substance and accompany the Consignment. The Carrier will ensure that the cards are suitable for the weight of the shipment.
(10) The Carrier reserves the right to inspect and open any shipment.
6. Delivery
(1) The Customer will ensure that the Consignment is properly and securely packed, secure, and safe to be carried, stored, and transported.
(2) The Carrier will make all reasonable efforts to ensure Consignments are delivered in accordance with the time notified to the Customer; however, it is understood that such times are only approximations and time is not of the essence for the purposes of this agreement.
(3) When Consignments are to be collected from a Customer’s address, the Customer must provide the necessary loading apparatus and labour.
(4) Delivery shall be considered complete when the Carrier completes offloading of the Consignment at the Delivery Address and obtains a proof of delivery and signature (“POD”). The carrier who delivers the shipment must scan the POD and upload photographic evidence, per the Carrier’s specifications.
7. Loading and Unloading
(1) Unless the Carrier and the Customer have consented to the contrary in writing:
(a) The Carrier is not required to provide any equipment, power, or labour for loading or unloading the Consignment other than that carried by the vehicle.
(b) The Customer warrants that any special equipment or instructions required for loading or unloading the shipment but not carried by the vehicle will be supplied by the Customer or on the Customer’s behalf.
(c) The Customer is responsible for ensuring that any cranes, forklifts, pulleys, chains, or other equipment used in loading or unloading the vehicle are suitable for that purpose, and will indemnify the Carrier against any and all consequences resulting from the failure or unsuitability of such equipment.
(d) The Customer shall ensure that there is adequate access to the loading and unloading points, that the roadways leading to and from the public highway are of suitable material, and that unloading will take place on good sound hardstanding with sufficient space for loading or unloading the vehicle in a safe manner.
(e) The Carrier shall have no liability to the Customer for any damage, however caused, if the Carrier is instructed or provided with special appliances to load or unload any Consignment which, in breach of the warranty in (b) above, have not been supplied by the Customer or on the Customer’s behalf.
(f) The Customer shall indemnify the Carrier against all liability, loss, or damage suffered or incurred (including damage to the Carrier’s vehicle) as a result of the Carrier’s personnel complying with the instructions of the Customer, the Consignee, or their servants or agents.
(g) The Carrier is not required to provide service beyond the usual place of pickup or delivery, but if such service is provided, it is at the sole risk of the Customer and subject to 7(3) below.
(2) The Customer shall indemnify the Carrier against all claims and demands that could not have been made if (1)(e) of this Condition and (1)(g) of this Condition had not been complied with.
(3) The Carrier shall not be liable for any loss or damage, however caused, if the Customer or the Consignee or their servants or agents instruct the Carrier’s personnel to provide service to an area that does not comply with (d) above, whether or not against the recommendations of the Carrier or its personnel.
(4) Upon request, the Customer shall provide the Carrier with details of any risk assessments conducted 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.
(5) Unless otherwise consented to in writing, the Customer is responsible for loading the shipment onto the vehicle and unloading the shipment from the vehicle. The Carrier is not liable for any loss or damage to the Consignment resulting from the loading or unloading of the Consignment onto or from the vehicle, or from the overloading or improper loading of the vehicle. The Carrier may, at its sole discretion, provide assistance in loading or discharging the Consignment through its servants and agents if requested by the Customer, the Consignee, or their agents. The Customer shall indemnify the Carrier against any and all loss, damage, death or injury that may occur during loading or unloading operations, regardless of whether such loss, damage, death or injury was caused by the negligence of the Carrier, its employees, contractors, subcontractors, servants or agents.
8. Customer’s obligations
The Customer guarantees what:
(1) the Consignment does not and will not cause pollution of the environment or harm to human health; does not require any official consent or licence to handle, possess, deal with, or transport; does not at any time whilst in the care and control of the Carrier constitute waste (unless the Carrier has been advised otherwise); and that the Consignment is of a type that can be legally transported in the United Kingdom;
(2) it will comply with, and ensure that all of its agents, employees, and subcontractors comply with, any reasonable regulations of the Carrier relating to handling, health and safety, and security of which they are notified
(3) It will provide the Carrier with the information and materials that the Carrier may reasonably require in order to comply with its obligations under the Contract, and it will ensure that such information is accurate and complete in all material respects.
(4) If the Carrier’s performance of any of its obligations under the Contract is prevented, impeded, or delayed by any act or omission of the Customer or by the Customer’s failure to perform any relevant obligation (“Customer Default”), then the Carrier shall be excused from such obligations.
(a) without limiting or affecting any other right or remedy available to it, the Carrier may suspend performance of its obligations until the Customer remedies the Customer Default, and may rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents, hinders, or delays the Supplier’s performance of any of its obligations;
(b) the Carrier shall not be liable for any costs or losses sustained or incurred by the Customer as a result of the Carrier’s failure to perform or delay in performing any of its obligations as set forth in this Condition 8(4); and
(c) Upon written demand, the Customer shall reimburse the Carrier for any costs or losses sustained or incurred by the Carrier as a direct or indirect result of the Customer Default.
9. Consignment Notes and Signed Receipts
(1) The Carrier shall, if so required, sign a document prepared by the sender acknowledging the receipt of the Consignment; however, 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 documents shall rest with
(2) Prior to or upon completion of loading the Consignment, the Customer shall sign and immediately deliver to the Carrier a consignment notation stating:
(a) The Collection, Consignee, and Delivery Addresses;
(b) A comprehensive and accurate description of the nature of the goods included in the shipment and the packing method;
(c) The quantity of items, parcels, bundles, and/or containers included in the shipment;
(d) The gross weight of the products included in the shipment or their quality as otherwise stated.
(e) Any additional information that the Carrier could reasonably require.
10. In transit
(1) Unless the parties have expressly agreed otherwise, transit begins when the Carrier obtains possession of the Consignment, whether at the point of collection or at the Carrier’s premises.
(2) Transit concludes (absent a prior determination) when the shipment is delivered to the Delivery Address, provided:
(a) if there is no safe and adequate access or adequate unloading facilities and the shipment cannot be delivered, transit shall be deemed to end at the end of one clear day after the Consignee has been notified in writing (or by telephone) of the arrival of the shipment at the Carrier’s premises; and
(b) when for any other reason whatsoever 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 similar 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 at the expiry of that reasonable time.
(3) The Customer is responsible for ensuring that the Consignment is securely and properly packaged and labelled in accordance with all applicable laws and is not likely to cause injury or damage to persons or property.
(4) The Customer shall ensure that no loss or damage to any of the Carrier’s vehicles or trailers occurs whilst at the collection or delivery premises and shall be liable for any such damage.
(5) The shipment is the sole responsibility of the Customer at all times when it is not in transit.
11. Undelivered or Unclaimed Consignments
(1) If the Carrier is unable to make delivery, the Carrier shall use reasonable efforts to notify the Customer and Consignee of any undelivered or unclaimed Consignment. The Consignment will be removed from the Carrier’s vehicle the following day and stowed at a location chosen by the Carrier (additional charges for storage may be incurred and charged to the Customer). Unless the Consignment is collected by the Customer or instructions are provided for return or further delivery (for which there will be an additional charge) within 10 business days of receiving notice, the provisions of clause 19 (Lien) will apply to the Consignment and the Carrier may sell or destroy the Consignment as if it were the original owner. The Customer may be charged for any costs incurred by the Carrier in selling or destroying the Consignment.
(2) The Carrier shall use reasonable efforts to obtain, in its opinion, a reasonable price for the Consignment and shall use the proceeds of sale to reimburse itself for expenses incurred in connection with the carriage, warehousing, and sale or other disposition of the Consignment. Any remaining amounts will be charged to the Customer, and any proceeds will be returned to the Customer upon written request, at which time the Carrier shall be released from liability with respect to the shipment.
12. Carriers’ Rates
(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, however, 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 for payment has been made by the Carrier.
(2) Time is of the essence with regard to the payment of any and all amounts owed by the Customer to the Carrier.
(3) Charges are payable when due, without deduction or deferral for any claim, counterclaim, or offset. The Customer shall pay the Carrier within 14 days of invoice and the Carrier shall be entitled, without prejudice to any other right, the Carrier shall be entitled to charge interest and legal costs on any overdue sum from the due date until payment of the overdue sum, whether before or after judgement. This clause accrues daily interest at the rate specified by the Late Payment of Commercial Debts (Interest) Act of 1998, as amended from time to time.
(4) If the Customer becomes insolvent or if any sums owed by the Customer on any invoice or account with the Carrier become past due, any credit terms shall be cancelled with immediate effect and all invoices or accounts issued by the Carrier shall immediately be considered due for payment and become payable.
(5) Unless otherwise agreed with the Customer at the time of booking, the Carrier is not required to procure a signed proof of delivery (including photographic proof) from the Consignee. Where the Carrier agrees at the time of booking to obtain such proof of delivery, the Customer may not withhold payment if the Carrier is unable to provide proof of delivery unless notification of non-delivery is received by the Carrier within 48 hours of the expected delivery time of the Consignment and the Carrier is subsequently unable to provide proof of delivery.
(6) The Customer shall pay to the Carrier any storage fees incurred as a consequence of the Carrier’s exercise of its lien pursuant to clause 19.
(7) The Customer may terminate the collection of an Order at any time prior to the scheduled collection time. If the Customer terminates the pickup less than one hour prior to the agreed upon time, the Carrier reserves the right to charge a cancellation fee equal to 100% of the total agreed upon charge.
(8) If the Consignment is not ready for collection at the agreed time, the Carrier reserves the right to charge the fees outlined in the quotation for every 15 minutes or fraction thereof until the Consignment is ready for transportation.
(9) If the Consignee has not completed the loading or unloading of a Consignment within 30 minutes of the Carrier’s arrival at either the loading address or the Delivery Address, the Carrier reserves the right to charge the fees outlined in the quotation for every 15 minutes after the agreed period within the quotation until the Consignment has been loaded/unloaded.
(10) The Carrier may adjust its charges to reflect any change in its costs, including (but not limited to) changes in wages, cost of materials, fuel cost, exchange rate fluctuations, alteration of duties, Local Authority rates, National Insurance and other employment costs, VAT, and other costs.
(11) If the Carrier provides services in addition to those originally agreed, including (without limitation) providing services outside working hours, making deliveries to locations other than the Delivery Address or outside the time at which the Carrier is to collect or deliver the Consignment, the Carrier shall be entitled to be paid by the Customer such additional amount as represents the additional cost incurred along with a management charge (up to £100)
(12) The Customer may not withhold, deduct, or offset against any amount owed to the Carrier any amount that it claims is owed to it by the Carrier.
(13) The Customer is responsible for ensuring that all applicable fees have been paid. Whenever the Carrier determines that the Customer has not paid the correct charges, the Customer is responsible for the difference between what the Customer initially paid and what the Customer should have paid. The Carrier may, at its discretion, suspend the Customer’s account with the Carrier until all unpaid amounts are repaid, as well as take any other legal action available to it to recover any unpaid amounts.
13. Vacancy cancellations
(1) The Customer may terminate the order up to twenty-four hours in advance and receive a full refund by contacting the Carrier and providing the order number associated with the shipment.
(2) If an order is cancelled within twenty-four hours of pickup, the Carrier will make every effort to rescind the order and issue a refund. If, however, the Carrier is unable to cancel delivery without incurring costs, those costs shall be passed on to the Customer, who shall be unable to cancel the order and shall not be entitled to a refund if the Consignment has been collected, dropped off, or the label has been used.
14. Responsibility for Loss and Damage
(1) The Customer shall be deemed to have elected to accept the terms set out in sub-clauses (2) and (3) unless, prior to the commencement of transit, the Customer has agreed in writing that the Carrier shall be under no liability for loss of, or mis-delivery of, or damage to or in connection with the Consignment, however or whenever caused.
(2) Subject to this clause 14, the Carrier is only liable for loss or damage to or in connection with the Consignment if and to the extent that it has been negligent.
(3) Subject to these Terms, the Carrier is responsible for:
(a) physical loss, mis-delivery, or injury to living creatures, bullion, money, securities, stamps, precious metals, or precious stones included in the Consignment if and only if:
(i) the Carrier has expressly consented in writing to transport such goods; and
(ii) the Customer has agreed in writing to reimburse the Carrier for all additional costs incurred as a consequence of transporting the items in question; and
(iii) the loss, mis-delivery, or damage was caused by the negligence of the Carrier, its employees, contractors, subcontractors, or agents during transit;
(b) physical loss, mis-delivery, or damage to any other goods comprising the Consignment, unless caused by a “Force Majeure Event” which shall mean any act(s), event(s), circumstances(s), or cause(s) the occurrence of which is beyond the Carrier’s reasonable control, including but not limited to:
(i) any consequences of war, invasion, act of a foreign enemy, hostilities (whether war or not), civil war, rebellion, insurrection, terrorist act, military or usurped power, or confiscation, requisition, destruction, or damage by or on the order of any government or public or local authority;
(ii) confiscation or forfeiture under legal process;
(iii) error, act, omission, false statement, or misrepresentation by the Customer or other owner of the Consignment or their servants or agents;
(iv) inherent liability for wastage in volume or weight, defective design, latent or inherent defect, vice, or natural deterioration of the Consignment;
(v) any special handling requirements for the shipment that were not communicated to the Carrier;
(vi) inadequate or incorrect packaging, labelling, or addressing;
(vii) an act of God, a riot, a civil disturbance, a strike, a lockout, a general or partial cessation of work, or labour restraints of any cause;
(viii) fire, flood, tempest, pandemic, or epidemic conditions;
(ix) traffic congestion, traffic accidents, delays at any delivery location or absence of delivery instructions from the Customer, and vehicle malfunction;
(x) The consignee does not accept delivery of the shipment within a reasonable amount of time after it has been tendered.
(4) Under no circumstances shall the Carrier be liable for loss or damage arising after transit is deemed to have ended in accordance with these terms, 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 subcontractors.
(5) The Carrier shall not be liable for any loss or deterioration of, or damage to, or non-delivery, mis-delivery of any property (including the Consignment) or any other claim in any circumstances whatsoever, howsoever caused, except to the extent that such loss or damage is caused by its intentional default or negligence.
(6) Unless otherwise agreed, the Carrier is not required to insure the shipment, and if it does, it will do so in accordance with the Road Haulage Association and CMR. The Customer is responsible for insuring the full insurable value against all hazards.
15. A fraud
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.
16. Exclusion of Liability
(1) Except as otherwise provided in these Conditions, the liability of the Carrier in respect of claims for physical loss, mis-delivery, or damage to commodities comprising the Consignment, however arising, shall in all circumstances be limited to the lesser of (i) the value of the Consignment or (ii) the amount paid by the Customer for the Consignment.
(a) the value of the products lost, delivered incorrectly, or damaged; or
b) the cost of rectifying any damage or reconditioning the goods; or
(c) a sum calculated at a rate of £1,300 per tonne based on the gross weight of the actual lost, misdelivered, or damaged products; and
the value of the goods actually lost, misdelivered, 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 shall in all cases be taken to include any Customs and Excise duties or taxes payable on those goods, provided that:
(i) in the event of loss, mis-delivery, or damage to a portion of the Consignment, the weight to be considered in determining the amount to which the Carrier’s liability is limited shall be only the gross weight of that portion, irrespective of whether the loss, mis-delivery, or damage affects the value of other portions of the Consignment;
(ii) nothing in this Condition shall limit the carrier’s liability to less than the amount of £10;
(iii) The Carrier may require the Customer to provide proof of despatch, proof of value, estimates for repair costs, cost price, invoices, weight and nature of the item(s) lost or damaged, serial numbers and IMEI for electrical items in order to support a claim. This may involve requesting that any recipient of the Consignment retain all packaging or obtaining additional documentary evidence as requested by the Carrier.
(iv) the Customer shall be entitled to give written notice to the Carrier at least seven days prior to the commencement of transit requiring that the £1,300 per tonne limit in 11 (1)(c) above be increased, but not so as to exceed the value of the Consignment, and in the event that such notice is 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 £1,300 per tonne 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 however arising in connection with the Consignment, shall not exceed the amount of the carriage charges for the Consignment or the amount of the claimant’s proved loss, whichever is less, 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 based on the amount of that interest; and (b) the amount of the surcharge shall be based on the amount of the special delivery interest.
(b) the Customer has provided the Carrier with written confirmation of the special interest, agreed time limit, and interest amount at least seven days prior to the start of transit.
17. Restitution to the Carrier
(1) The Customer must indemnify the Carrier for the following:
(a) 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) as a result of any error, omission, mis-statement or misrepresentation by the Customer or other owner of the Consignment or by any employee, contractor, subcontractor or agent, insufficient or improper packing, labelling or addressing of the Consignment;
(b) all claims and demands whatsoever (including, for the avoidance of doubt, claims alleging negligence), by whomsoever made and however 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, any property
(c) Any sensitive personal data, information, or documents contained within a Consignment, including but not limited to names, addresses, bank account information, signatures, and dates of birth, are entirely at the risk of the Customer, and no compensation is available for these items. The data stored on electronic media, such as data discs, hard drives, magnetic cassettes, and flash drives, must be appropriately encrypted. The Customer shall indemnify the Carrier against all actions, claims, proceedings, and judgements, as well as all costs incurred in connection with the loss, destruction, or disclosure of such data documents.
18. Limitations on Claims
(1) The Carrier is not liable for the following:
(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 the Carrier has been negligent and the Customer has notified the Carrier 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 notified in writing within twenty-eight days and the claim is submitted in writing within forty-two days after the start of transit.
(2) The Carrier may conduct such investigations as it considers necessary to determine the validity of any claim, and the Customer shall cooperate with the Carrier to the extent reasonable under the circumstances. In the event of claims for loss or damage, the Carrier may take as much time as is reasonable to conduct investigations and searches.
(3) Any information requested to support a claim must be furnished to the Carrier within fourteen days.
(4) If the requested information is not received within the specified timeframe, the Carrier reserves the right to terminate the claim. If an error in a claim application or supporting documentation necessitates re-issuance of a cheque, an administration fee of £10 will be deducted from the claim amount.
(5) If a dispute arises out of or in connection with the provision of Services pursuant to these Terms, or their performance, validity, or enforceability (“Dispute”), the parties shall follow the procedure outlined in this clause:
(a) Either party shall provide the other with written notice of the Dispute, setting forth its nature and complete particulars (the “Dispute Notice”), along with any pertinent supporting documents. Upon service of the Dispute Notice, both parties shall endeavour to resolve the Dispute in good faith.
(b) if for any reason both parties are unable to resolve the Dispute within 30 days of service of the Dispute Notice, the parties shall endeavour to resolve the Dispute through mediation in accordance with the CEDR Model Mediation Procedure. Unless the parties concur otherwise, the mediator shall be appointed by CEDR. A copy of the ADR notice should be sent to the CEDR. The mediation will begin no later than fourteen days after the ADR notice date.
(c) The commencement of mediation shall not preclude the parties from initiating or continuing court proceedings relating to the Dispute in accordance with Condition 22 (Governing Law and Jurisdiction), which shall always apply.
(d) If the Dispute is not resolved within 30 days after service of the ADR notice, or if either party fails to participate or continue to participate in the mediation before the expiration of the said period of 30 days, or if the mediation terminates before the expiration of the said period of 30 days, then the Dispute shall be finally resolved by the courts of England and Wales in accordance with condition 22 (Governing Law and Jurisdiction).
(6) The Customer acknowledges and agrees that the time limits set forth in this Condition 18 are reasonable and reflective of the urgency of the type of consignments that the Carrier undertakes for the Customer and are necessary to preserve the appropriate evidence in respect of any such claims (including the ability to interview and obtain witness statements from drivers and other third parties).
19. Lien
(1) The Carrier shall have a general lien against the Customer, if the Customer is the owner of the Consignment, for any and all amounts owed by the Customer to the Carrier. If such a lien is not satisfied within a reasonable period of time, the Carrier may, at its sole discretion, sell the Consignment, or a portion 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 remaining balance, be released from all liability with respect to the Consignment.
(2) Where the Customer is not the owner of the Consignment, the Carrier shall have a specific lien against the Consignment’s owner, permitting the Carrier to retain possession of the Consignment, but not to dispose of it, against amounts owed by the Customer in relation to the Consignment.
(3) The Carrier may exercise its lien on its own behalf or as agent for any assignee of its invoices at any time and at any place in its sole discretion, whether or not the contractual carriage has been completed and these Conditions shall continue to apply during the period of exercise of such lien.
(4) If the Consignment is not the sole property of the Customer, the Customer warrants that it has the authority of all parties with a proprietary or possessory interest in the Consignment to grant to the Carrier the liens set forth in Condition 19(1) above, and the Customer shall indemnify the Carrier for all claims and demands asserting that the Customer did not have such authority.
20. Unjustified Detention
For unreasonable detention of any vehicle, trailer, container, or other equipment, the Customer shall be liable to pay Demurrage, but the Carrier’s rights against any other person shall remain unaffected.
21. The principle of confidentiality
(1) Each party agrees not to disclose any confidential information regarding the business, affairs, customers, clients, or suppliers of the other party, except as permitted by these Terms and Conditions.
(2) Each party may disclose the confidential information of the other:
(a) to its employees, officers, representatives, subcontractors, or advisers who need to know such information to fulfil the party’s legal obligations; and
(b) as mandated by law, a court of competent jurisdiction, or any administrative or regulatory body.
22. Legal System and Jurisdiction
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to resolve any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
23. In general
(1) Nothing in these Terms and Conditions (or elsewhere) shall confer on any third party any benefit or the right to enforce any of these Terms that they would not otherwise have if not for the Contracts (Rights of Third Parties) Act 1999.
(2) These terms and conditions, as well as the documents and information referred to on the websites, constitute the entire agreement between the Carrier and the Customer. The Customer acknowledges that in consenting to these conditions it has not relied on any representation or undertaking, whether oral or in writing, save as expressly incorporated therein.
(3) If any court or administrative body of competent jurisdiction determines that any provision of these Conditions is invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions of these Conditions, which shall remain in full force and effect.
(4) If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal, or unenforceable, it shall be construed as modified to the minimum extent necessary to make it valid, legal, and enforceable. If such a modification is not practicable, the relevant provision or part-provision is deemed to be eliminated. Any amendment or deletion of a provision or part-provision under this clause shall not effect the validity and enforceability of the remaining provisions.
(5) The Carrier and the Customer agree that they and/or anyone they employ and/or are responsible for will comply with any applicable anti-bribery or anti-money laundering laws and/or regulations in relation to these Terms and Conditions or related services.
(6) The Carrier shall not be liable to the other for any delay or non-performance of the Services to the extent that such delay or non-performance is caused by a Force Majeure Event (including but not limited to any genuine circumstances beyond the reasonable control of either party which were not reasonably foreseeable at the date of execution hereof, such as war, insurrection, earthquake, riot, fire and flood, but excluding any change to guidelines, industry code, or industry standards).
