You warrant that your Consignment Will Not;
Contain any items specified in classes 1, 2.3 or 7 of the UNRTDG.
Unless we otherwise agree in writing before transit commences, contain any other class of Dangerous Goods.
If we agree to carry any Dangerous Goods:
You must comply with all requirements of the UNRTDG in relation to such goods and you warrant that no Consignment will contain any Dangerous Goods in excess of the amounts thereof specified in the UNRTDG;
You must provide us with a full written declaration of the nature and content of such goods and the nature of the hazard presented by such goods together with all instructions for the safe handling of such goods.
Such goods must be properly and safely packed and labelled in accordance with any requirements which we specify and in accordance with statutory regulations in force from time to time for transport by road.
You will indemnify us and keep us indemnified against all any costs, expenses, liabilities, injuries, losses, damages, claims, demands, proceedings or legal costs and judgments which we suffer or incur as a result of any breach of the warranties contained in this clause 4 or us carrying such Dangerous Goods, whether declared as such or not.
Loading / Unloading
Unless we agree otherwise:
If we collect or deliver a Consignment to or from your premises, you will provide appropriate equipment and labour for loading or unloading the Consignment.
If a Consignment requires equipment or labour to be unloaded at the Delivery Address, you warrant that such equipment or labour will be provided at the Delivery Address.
Any assistance we provide to load or unload a Consignment will be provided at our discretion and is at your sole risk and we will not be liable for any damage caused (whether negligently or otherwise). You will indemnify us and keep us indemnified against any costs, expenses, liabilities, injuries, losses, damages, claims, demands, proceedings or legal costs and judgments which we suffer as a result of the provision of such assistance.
Any labour we are required to undertake in order to make collection or delivery of the consignment is chargeable.
Any failed attempts to deliver a Consignment through no fault of ourselves, will result in an additional sum payable by you.
We will provide you with an oral proof of delivery within 1 hour of the consignment being delivered and electronic proof of delivery within 7 days.
Undelivered or Unclaimed Goods
Consignments may be returned to you if:
We cannot determine the sender or the Consignee of the Consignment/s.
We are unable to deliver the Consignment; you will be liable for any subsequent costs in returning or redelivering the consignment to an alternate address or at an alternate time.
Transit charges are subject to change without prior notice and will be payable by you within 21 days of the date of our invoice. Credit of up to 30 days from invoice can be given but is at our discretion whether or not we allow this.
All charges are expressed exclusive of VAT which may be chargeable and which will be payable in addition by you.
If you do not pay any sum payable to us on its due date, without prejudice to any other rights which we may have:
We may charge and you interest upon such sum from the due date until payment is made in full, both before and after any judgment, at 2 percent per month;
We may recover our costs and expenses of collecting such amount;
We may suspend deliveries of other Consignments until the outstanding amount has been received by us.
Any other sums owing from you to us, regardless of whether we have issued you with an invoice for such sums or whether such sums are due to be paid in the future will become immediately due and payable.
All payments due from you under these Conditions will be made without deduction whether by way of counterclaim, set-off or otherwise unless you have a valid court order requiring an amount equal to the deduction to be paid by us.
You will notify us of any change in your name, address or other circumstances that may affect the payment of any charges at least 14 days in advance of date of the change.
After an initial period of 30 minutes, we may charge you for each 30 minute period spent attempting to collect or deliver a Consignment. The first 30 minutes are free. Any additional 30 minutes thereafter are charged at £30.
A cancellation fee of 50% of the price of the job (minimum £35) will be chargeable to you, if we are not notified of the cancellation before 24 hours of the pick up time stated in our booking confirmation.
A cancellation fee of 100% of the price of the job will be charged to you, if we are not notified of the cancellation before 1 hour of pickup time stated in our booking confirmation.
We will not be expected to manually load or unload any consignment that either weighs more than 30 kilograms individually or takes more than 10 minutes of manual labour to load or unload. Upon request and at our discretion, we may be able to do this, this will be chargeable to you for a minimum fee of £15 and will increase by £5 for every 15 minute period beyond an initial 30 minutes of manual labour.
General Exclusions of Liability
We will not be liable to you for any loss, damage, mis-delivery, non-delivery or delayed delivery of any Consignment which occurs as a direct or indirect result of:
Anything you or your employees or agents do or omit to do or any misstatement or misrepresentation you, your employees or agents make;
Any inherent liability to wastage, latent or inherent defect, vice or natural deterioration or electrical derangement of the Consignment;
The Consignment being insufficiently or improperly packaged;
The Consignment being incorrectly or insufficiently addressed (including the correct postal code) or labelled;
We will in no circumstances be liable to you for pure economic loss or loss of profit, business, sale, market, goodwill and like loss, whether direct or indirect and whether caused negligently or otherwise.
Notwithstanding anything to the contrary contained in these Conditions, our liability for fraud, or death or personal injury resulting from our negligence, is not limited.
Notwithstanding anything to the contrary contained elsewhere in these Conditions, if you have sub-contracted the delivery of any Consignment to us, we will not be under any greater liability to you in respect of such Consignment than you have contractually to your customer.
We will not be liable for any loss, mis-delivery, non-delivery or delayed delivery of or damage to a Consignment or otherwise for any failure or delay in performance of our obligations under these Conditions due to any event beyond our reasonable control including, without limitation:
Failure by a Consignee to accept delivery of a Consignment;
Act of God, war, riot, civil commotion, malicious damage or blockades, strikes, lockouts or other industrial disputes (whether involving our workforce or that of a third party) compliance with any law or governmental order, rule, regulation or direction seizure under legal process, national emergencies, fire, flood, tempest or storm, accident, breakdown of plant or machinery default of supplies (including, without limitation fuel) or sub-contractors.
Liability for Late Delivery
All reasonable efforts will be made by us to ensure your consignment/s is delivered on time. In the event of any unforeseeable circumstances that result in delivery of your consignment/s being late, we will keep you informed of any such delays and endeavour to deliver your consignments in a reasonably revised time. Therefore, we will not be liable for any damages/costs claimed against us for late delivery of your consignment/s, that are a result of any unforeseeable circumstances.