(i) Courier Express Refrigerated Transport Ltd (“The Carrier”) accepts goods for carriage upon these Conditions Subject to Condition 1(iii) below. These Conditions shall prevail over and override any other terms or conditions appearing elsewhere and, in particular, any terms or conditions sought to be incorporated by the Customer.
(ii) In these Conditions the “Customer” means the customer who contracts for the services of the Carrier, the “Contract” means the contract of carriage between the Customer and the Carrier, “Consignment” means the goods which are the subject matter of the Contract and each and every separate part of them and each and every container pallet crate package or pre-loaded vehicle or trailer in which they are contained, the “Consignee” means the person, firm or company to whom the Consignment is to be delivered and “Dangerous Goods” means goods which are specified in the special classification of dangerous goods issued by the British Railways Board, as amended from time to time and goods which although not so specified are nevertheless of a similar kind. Where the context admits the singular case shall include the plural and vice versa.
(iii) These Conditions shall not be overridden or varied except by express agreement in writing between the Customer and a representative of the Carrier having express written authority to do so.
(iv) The headings set out in these Conditions are for assistance only and shall not be construed as forming part of the terms and conditions herein set out.
(v) The Customer accepts these Conditions and acknowledges that they are reasonable both to the Customer and for the protection of the Carrier, its staff, agents and sub-contractors.
2. WARRANTIES OF CUSTOMER
(i) The Customer expressly warrants that it is either the owner or the authorised agent of the owner of the Consignment and further warrants that it is authorised to accept and is accepting these Conditions not only for itself but also as agent for and on behalf of all other persons who are or may thereafter become interested in the Consignment
(ii) Except where the Carrier is instructed in writing to pack the Consignment and agrees in writing so to do the Customer warrants that the Consignment has been properly and sufficiently packed and/or prepared and properly and sufficiently addressed.
3. CARRIAGE AND SUB-CONTRACTING
(i) The Carrier may sub-contract the whole or any part of the performance or the Contract, and anyone to whom the whole or any part of the performance of the Contract is sub-contracted may himself sub-contract the whole or any part of his obligations.
(ii) The Carrier contracts for itself and as agent of and trustee for its employees and agents and all others referred to in Condition 3 (i) above Every reference in these Conditions to “the Carrier” shall be deemed to include every such other employee agent and sub-contractor with the intention that they shall have the benefit of the Contract and shall collectively and together with the Carrier be under no greater liability to the Customer or any other party than is the Carrier hereunder.
(iii) All carriage and transportation of goods is subject to The Road Haulage Association Limited Terms and conditions of carriage 2009 without exception (Goods in Transit).
4. LOADING AND UNLOADING
(i) The Carrier is only bound to collect or deliver from or at a usual collection or delivery point. Any act of assistance given by the Carrier which falls outside that obligation shall be at the sole risk of the Customer who shall indemnify the Carrier against all claims and demands whatever which would not have been made if such assistance had not been given.
(ii) When collection or delivery takes place the Carrier shall not be under any obligation to provide any plant, power, or labour which, in addition to the Carrier’s driver, is required for loading or unloading at such premises. Any act of assistance given by or on behalf of the Carrier in addition to the Carrier’s driver shall be at the sole risk the Customer who shall keep the Carrier indemnified in full against and reimburse it in respect of any claim or demand which would not have been made if such assistance had not been given.
(iii) Any Consignment requiring special appliances for unloading from the vehicle is accepted for carriage only on condition that the Customer has duly ascertained from the Consignee that such appliances are available at the destination. Where the Carrier without the prior agreement in writing with the Customer is called upon to load or unload such Consignment the Carrier shall be under no liability whatsoever to the Customer for any damage howsoever caused, whether or not by the negligence of the Carrier or otherwise and the Customer shall reimburse the Carrier in respect thereof and keep it indemnified in full against any claim or demand which would not have been made if such assistance had not been given.
(iv) The Customer shall be liable for the cost of any unreasonable detention of vehicles, containers, sheets, pallets and like equipment but the Carrier’s rights against any other person shall remain unaffected. Time spent at either the sender’s and/or Consignee’s premises in excess of 1 hour shall, at the discretion of the Carrier , be subject to an excess charge at the Carrier’s hourly rate of £25.00 per hour in operation for the particular vehicle in use provided the time spent at the said premises is not the fault of the Carrier.
5. CONSIGNMENT NOTES
The Carrier shall, if so required, sign a document prepared by the Customer acknowledging 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.
6. HANDLING, STORAGE AND TRANSPORTATION
(i) Save in the case of prior express instructions given by the Customer in writing and accepted by the Carrier in writing, the Carrier reserves to itself absolute discretion as to the means, route and procedure to be followed in the handling, storage and transportation of the Consignment. Further, if in the opinion of the Carrier is at any stage necessary or desirable in the Carrier’s or the Customer’s interests to depart from those instructions the Carrier shall be at liberty to do so.
(ii) Whilst the Carrier shall use its best endeavours to comply with any estimate given by the Carrier to the Customer any delivery date or time given by or on behalf of the Carrier shall be an estimate only and shall not be binding upon the Carrier which shall be under no liability whatsoever for failure to secure delivery of the Consignment by any delivery date or time howsoever caused.
(iii) The Customer shall be liable for the cost of any unreasonable detention of vehicles, containers, sheets, pallets and like equipment but the Carrier’s rights against any other person shall remain unaffected.
(iv) Pending forwarding or delivery, the Consignment may be warehoused or otherwise held at any place or places at the sole discretion of the Carrier and the cost thereof shall be for the account of the Customer.
(i) Transit shall commence when the Consignment is handed to the Carrier whether at the point of collection or at the Carrier’s premises.
(ii) Transit shall (unless otherwise previously determined) end when the Consignment is offered for delivery at the usual place of delivery at the Consignee’s address.
(a) that if no safe and adequate access or no adequate unloading facilities exist there then transit shall be deemed to end at the expiry of one clear day after notice in writing of the arrival of the Consignment at the Carrier’s premises has been sent to the Consignee or Customer’ and
(b) that whether 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 any like instructions and such instructions are not given, or the Consignment is not called for and removed within a reasonable time (the decision as to what constitutes a reasonable time to be entirely within the discretion of the Carrier) then transit shall be deemed to end.
8. QUOTATIONS AND COMMISSIONS
(i) Quotations are given on the basis of immediate acceptance and are subject to withdrawal or revision. Further, unless otherwise agreed in writing the Carrier shall after acceptance be at liberty to revise quotations or charges in the event of changes occurring in currency exchange rates, rates of freight, insurance premiums or any charges applicable to the Consignment or if circumstances arise during transit which were not anticipated by the Carrier at the time of giving the quotation, for example, if delays occur in transit.
(ii) The Carrier is entitled to retain and be paid all brokerages, commissions, allowances and other remunerations.
9. DESCRIPTION OF CONSIGNMENT
(i) The Carrier shall not be deemed to know the nature, content, value or other details of the Consignment unless the Customer has advised the Carrier in writing of the same prior to the commencement of transit.
(ii) The Customer shall be deemed to be bound by and to warrant the accuracy of all descriptions, values and other particulars furnished to the Carrier in respect of the Consignment for Customs, Consular and other purposes and it undertakes to indemnify the Carrier in full against all losses, damages, expenses and fines whatsoever arising from any inaccuracy or omission even if such inaccuracy or omission is not due to any negligence.
10. LIABILITY FOR DUTIES
(i) The Customer shall be liable for any duties, charges, taxes, imports, levies, deposits or outlays of any kind levied in connection with the Consignment or its transportation or storage and for any payments, fines, expenses, loss or damage whatsoever incurred or sustained by the Carrier in connection therewith.
(ii) When a Consignment is accepted or dealt with upon instructions to collect freight duties, charges or other expenses from the Consignee or any other person the Customer shall remain responsible for the same if they are not paid by such Consignee or other person upon request by the Carrier its servants, agents or sub-contractors.
(i) No insurance will be effected except upon prior instructions given by the Customer in writing and accepted by the Carrier in writing and all insurances effected by the Carrier are subject to the usual exceptions and conditions of the policies of the insurance company or underwriters taking the risk. The Carrier shall not be under any obligation to effect separate insurance on each consignment but may declare it or any open or general policy. Should the insurers dispute their liability for any reason the insured shall have recourse against the insurers only and the Carrier shall not be under any responsibility or liability whatsoever in relation thereto notwithstanding that the premium upon the policy may not be at the same rate as that charged by the Carrier or paid to the Carrier by its Customer.
(ii) In the event that a claim is made against the Carrier for loss, miss-delivery or damage to the Consignment the Carrier shall not be liable for the amount of such claim in excess of the amount paid to the Carrier by its insurers in respect of such claim.
12. LIABILITY FOR LOSS OR DAMAGE
(i) Without prejudice to the other Conditions herein set out the Carrier shall not be liable for any loss, misdelivery of or damage to a Consignment occasioned during transit if the same has arisen as a result of any of the following:
(1) An act of God.
(2) Any consequence of war, invasion, act of foreign enemy, hostilities (whether war or not), civil war, rebellion, insurrection, military or usurped power or confiscation, requisition or destruction of or damage to property by or under the order of any government or public or local authority.
(3) Seizure, forfeiture, detention or restriction of any kind under legal process.
(4) Error, act, omission, miss-statement or misrepresentation by the Customer or other owner of the goods or by employees or agents of either of them.
(5) Inherent liability to wastage in bulk or weight, latent defect, inherent defect, vice or natural deterioration of the goods.
(6) Insufficient or improper packaging.
(7) Insufficient or improper labelling or addressing.
(8) Inclement weather, fire, riot, civil commotion, strike, lock out, general or partial stoppage or restraint of labour from whatever cause.
(9) Absence of the Consignee or the Consignee not taking or accepting delivery of the Consignment when it is tendered for delivery.
(10) Any other cause beyond the reasonable control of the Carrier.
(ii)The Carrier shall under no circumstances be liable for any claim arising from the late arrival of any passengers or late delivery of any Consignment or part thereof.
(iii) The Carrier shall under no circumstances be liable for loss of or damage to goods after transit of such goods is deemed to have ended within the meaning of Condition 7(ii) above 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.
The Carrier shall under no circumstances be liable in respect of a Consignment where there has been fraud on the part of the Customer or the owner of the Consignment or the employees or agents of either in respect of that Consignment.
14. LIMITATION OF LIABILITY
The liability of the Carrier for loss of or damage to any Consignment (which shall in any event be subject to the other provisions of these Conditions) shall under no circumstances exceed £100 whether such loss or damage was due to the fault, or negligence of the Carrier or its servants, agents, employees, sub-contractors or otherwise.
(a) Nothing in this Condition 14 shall operate to exclude or restrict the liability of the Carrier for death or personal injury resulting from the negligence of the Carrier;
(b) The Carrier shall be entitled to require proof of the value of the Consignment lost or damaged.
15. CONSEQUENTIAL LOSS OR DAMAGE
Notwithstanding any other provision contained in these Conditions the Carrier shall have no liability whatsoever for any indirect or consequential loss or damage howsoever arising including but not limited to loss of income, loss of profits or loss of opportunity.
16. TIME LIMIT FOR CLAIMS
Without prejudice to the foregoing the Carrier shall be discharged from all liability for loss or damage or non-delivery of part or the whole of a Consignment unless the Carrier is advised thereof in writing within 48 hours and a quantified claim is made in writing within fourteen days after the commencement of transit of the Consignment.
17. INDEMNITY TO THE CARRIER
The Customer shall indemnify the Carrier against:
(i) all consequences suffered by the Carrier (including but not limited to claims, demands, proceedings, fines, penalties, damages, costs, expenses, and loss of or damage to the carrying vehicle and to other goods carried) arising as a result of any error, omission, mis-statement or misrepresentation by or negligence of the Customer or other owner of the goods or by any employee or agent of either of them, insufficient or improper packaging, labelling or addressing of the goods or fraud as in Condition 13 above;
(ii) All claims and demands whatever by whoever made in excess of the liability of the Carrier under these Conditions;
(iii) all claims made upon the Carrier by H M Customs & Excise in respect of dutiable goods consigned in bond whether or not transit has ended or been suspended;
(iv) all losses suffered by and claims made against the Carrier in consequence of death, personal injury, loss or damage to property caused by or arising out of the carriage by the Carrier of dangerous goods or such other goods not accepted for carriage as referred to in Condition t8 below unless the Carrier was advised in writing of the nature of such goods prior to transit and accepted the Consignment notwithstanding Condition 18 below.
18. DANGEROUS OR OTHER GOODS NOT ACCEPTED FOR CARRIAGE
The Carrier does not accept and the Customer shall not place with the Carrier for carriage dangerous goods, any goods of a fragile, cast or brittle nature (including but not limited to china and glass, scientific instruments, electrical equipment, drugs, stolen goods, works of art, jewellery, cash, precious metals, antiques, furs, any other valuables, or any other articles in respect of which £100 is not an acceptable maximum indemnity in case of loss or damage).
19. UNDELIVERED OR UNCLAIMED GOODS
Where the Carrier is unable for whatever reason to deliver a Consignment to the Consignee, or as he may order or where by virtue of the proviso to Condition 7(ii) hereof transit is deemed to be at an end, the Carrier may sell the goods and payment or an offer of payment of the same after deductions of all proper charges and expenses in relation thereto and of all outstanding charges in relation to the carriage and storage of the goods 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 goods, their carriage and storage
(a) the Carrier shall do what is reasonable to obtain the value of the Consignment; and
(b) 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 goods 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 goods are taken away or instructions are given for their disposal.
20. CARRIER’S CHARGES
(i) The Customer shall pay the Carrier’s charges in accordance with the Carrier’s current published tariffs unless other charges have been previously agreed in writing between the Carrier and the Customer.
(ii) The Carrier’s charges shall be payable by the Customer, however, the Carrier shall also have the right to demand and obtain payment thereof from the sender or the Consignee, if different from the Customer, or from any other person who may be liable to pay the charges.
(iii) The Carrier reserves the right to charge for any cancellation that may occur during the ordering process. For any vehicle that is cancelled and arrives on the customers site or a site nominated by the customer is subject to a 100% cancellation fee. All advanced bookings are subject to a 100% cancellation fee if cancelled with short notice. The cancellation fee is based on the rate for the delivery requirement.
21. TERMS OF PAYMENT
(i) The Carrier’s charges are due within 28 days following the date of the invoice (unless stated on invoice or longer terms have been indicated in writing). All charges not paid by the due date shall bear interest from day to day at the annual rate of 4 per cent above Barclays Bank Base rate.
(ii) Any queries as to the correctness of charges must be notified in writing to the Carrier within seven days of the date of invoice failing which the invoice is payable in full.
(iii) A claim or counterclaim by the Customer shall not be made the reason for deferring or withholding payment of monies payable or liabilities incurred to the Carrier.
Notwithstanding any other provision of these Conditions
(i) The Carrier shall have a general lien against the owner of the goods comprised in a Consignment for any monies whatever due from the Customer or such other owner to the Carrier. If any such lien is not satisfied within a reasonable time the Carrier may at its absolute discretion sell the goods or part of them as agent for the owner and apply the proceeds towards the monies due and the expenses of the retention, insurance and sale of the goods and shall, upon accounting to the Customer for any balance remaining be discharged from all liability whatever in respect of the goods.
(ii) notwithstanding (i) above the Carrier will not exercise its right of sale without giving to the Customer 14 days prior notice in writing of its intention to do so provided that no such notice shall be required if the Customer shall go into liquidation or enter into any arrangement with its creditors or have a receiver appointed over any of its assets.
23. GOVERNING LAW
All agreements between the Carrier and its customers shall be governed by English Law and shall be within the exclusive jurisdiction of the English Courts.
Any notice given pursuant to any of these Conditions shall be in writing and addressed to the Carrier at its normal place of business or its registered office and to the Customer at its last known home or place of business or registered office and, if there be more than one such home or place of business to any one of such homes or places of business. All notices shall be deemed to have been received when delivered by hand or sent and received by facsimile and any notice served by post shall be addressed as aforesaid and shall be deemed conclusively to have been served upon the recipient on the third working day following dispatch of the notice.