Terms and Conditions

 TEC Logistics LTD (hereinafter referred to as "the Carrier") operates as a contract carrier and accepts goods for carriage solely under the conditions and terms outlined below. No employee or agent of the Carrier is authorized to alter or modify these Conditions unless explicitly authorized in writing by a duly authorized individual. Should any part of these Conditions conflict with applicable legislation, it shall be overridden only to the extent required and no further.

1. Definitions

In these Conditions:

• Customer: The person, firm, or company who contracts for the services of the Carrier.

• Contract: The contract of carriage between the Customer and the Carrier.

• Consignee: The person or company to whom the Carrier contracts to deliver the Consignment.

• Consignment: Goods, whether a single item or in bulk, contained in one parcel, package, or container, or any number of separate items, parcels, packages, or containers sent at one time in one load by or for the Customer to the Consignee from one address to another.

• Dangerous Goods: Goods as defined 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 other similar hazardous goods.

• Delivery Address: The address for delivery of the Consignment notified to the Carrier at the time of booking.

• Demurrage: Any cost or expense incurred by the Carrier due to the improper, excessive, or unreasonable detention of any vehicle, trailer, container, or other equipment belonging to or under the control of the Carrier.

• Force Majeure Event: As defined in Condition 14(3)(b).

• In writing: Includes, unless otherwise agreed, the transmission of information by electronic, optical, or similar means of communication, such as facsimile, electronic mail, or electronic data interchange (EDI), provided that the information is readily accessible and durable for subsequent reference.

2. Application of Conditions

1. These conditions shall:

a)      Apply to and be incorporated into the contract between the Customer and the Carrier.

b)     Prevail over any inconsistent terms or conditions contained, or referred to, in the Customer’s purchase order, confirmation of order, acceptance of a quotation or specification, or implied by law, trade custom, practice, or course of dealing.

2. The Road Haulage Association Limited Conditions of Carriage 2020 are hereby incorporated into the Conditions (“RHA Terms”). In the event of any conflict or inconsistency between the RHA Terms and these Conditions, the RHA Terms shall prevail.

3. 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 on these Conditions. No offer placed by the Customer shall be accepted by the Carrier other than:

a)      By a written or verbal acknowledgment of the quote issued by the Carrier; or

b)     (if earlier) By the Carrier starting to provide services, at which point a contract for the supply and purchase of those services on these Conditions will be established. The Customer’s standard terms and conditions (if any) attached to, enclosed with, or referred to in any purchase order or other document shall not prevail.

3. Bookings, Commencement, and Duration

1.     Each booking by the Customer must be submitted to the Carrier via telephone or email.

2.     The Carrier will provide a quotation for the delivery of the Consignment, valid for 7 days or such other period as the Carrier may specify.

3.     The Carrier reserves the right to decline any bookings.

4.     The services under this agreement will commence from the date the Carrier accepts the Customer’s offer in accordance with Condition 2(1)(3).

5.     The services will continue until the Consignment is delivered to the specified delivery address or until the agreement is terminated.

4. Parties and Sub-Contracting

1.   The Customer certifies that they are either the owner of the Consignment or have the authority from the owner to accept these Conditions on the owner’s behalf.

2.   The Carrier, and any other carriers engaged by the Carrier, may employ the services of additional carriers to fulfill the Contract wholly or partially. The names of such carriers shall be provided to the Customer upon request. The Carrier may, to the extent permitted by law, assign, mortgage, charge, delegate, declare a trust over, or otherwise manage its rights and obligations under the Contract.

3.   The Carrier enters into the contract on its own behalf and as an agent for its employees, agents, and all other carriers mentioned in (2) above, as well as their employees and agents. Every reference to "the Carrier" in these Conditions includes all such carriers, employees, and agents, intending they benefit from the Contract and, together with the Carrier, have no greater liability to the Customer or any other party than the Carrier.

4.   Notwithstanding Condition 2(3), when the Consignment is transported by rail, sea, inland waterway, or air, the Carrier acts as an agent for the Customer, and the transport is subject to the third-party rail, shipping, inland waterway, or air carrier’s conditions. The Carrier shall bear no liability whatsoever for such transportation. If the Consignment is transported partly by road and partly by other means, any loss, damage, or delay shall be assumed to have occurred during the road transport unless the Carrier proves otherwise.

5. Dangerous Goods or Consignments

1.  The Carrier is not obligated to transport any Dangerous Goods or Consignments.

2.  The Customer is responsible for determining whether the contents of any Consignment are classified as Dangerous Goods, prohibited, or subject to restrictions or specific requirements within the UK or the destination country for international deliveries.

3.  The Customer must not send or attempt to send a Consignment containing any Dangerous Goods, prohibited, or restricted goods 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 face prosecution and must indemnify and hold the Carrier and its employees, contractors, subcontractors, and agents harmless against any resulting loss, damage, or liability.

5.  If a Consignment containing Dangerous Goods, prohibited, or restricted goods is sent by the Customer, the Carrier may handle the Consignment at its sole discretion (without incurring any liability to the Customer or Recipient), including destroying or otherwise disposing of the Parcel or Consignment in whole or in part or returning it to the Customer. The Carrier is entitled to charge the Customer for disposal costs and all other reasonably incurred costs, plus an additional £20 (or the specified amount on the Carrier's website) if it chooses to return the Consignment or any part of it.

6.  The Carrier may, acting reasonably, add or remove items from the definition of prohibited or restricted goods (and may vary any applicable restrictions) without notice by updating the details on its website.

7.  The Customer is liable to the Carrier, its employees, subcontractors, and agents for all loss, damage, or injury arising from the carriage of Dangerous Goods, prohibited, or restricted goods, whether declared or not, and all goods not properly packed and labeled (or not compliant with specific requirements) if such loss, damage, or injury is caused by the nature of those goods.

8.  Dangerous Goods (prohibited and restricted goods) must be declared by the Customer, and if the Carrier agrees to accept them, they must be classified, packed, marked, labeled, and documented in accordance with statutory regulations for road carriage.

9.  Transport Emergency Cards (Tremcards) or written information, as required by relevant statutory provisions, must be provided by the Customer for each substance and must accompany the Consignment. The Carrier will ensure that the cards are appropriate to the load.

10.   The Carrier reserves the right to open and inspect any Consignment.

6.  Loading and Unloading

1. Unless the Carrier has agreed in writing to the contrary with the Customer:

a)      The Carrier shall not be obliged to provide any plant, power, or labour, other than that carried by the vehicle, required for loading or unloading the Consignment.

b)     The Customer warrants that any special appliances or instructions required for loading or unloading the Consignment that are not carried by the vehicle will be provided by the Customer or on the Customer’s behalf.

c)      The Customer shall ensure that any cranes, forklift trucks, slings, 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 of 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 to and from the public highway are of suitable material, and that unloading will take place on a good, sound hard standing where there will be sufficient space to load or unload the vehicle safely.

e)     The Carrier shall be under no liability whatsoever to the Customer for any damage whatsoever, howsoever 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 provided by the Customer or on the Customer’s behalf.

f)       The Customer shall indemnify the Carrier against all liability or loss or damage suffered or incurred (including but not limited to 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 shall not be required to provide service beyond the usual place of collection or delivery, but if such service is provided by the Carrier, it shall be 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 which could not have been made if the instructions referred to in (1)(e) of this Condition and the service referred to in (1)(g) of this Condition had not been given.

3. The Carrier shall not be liable for any loss or damage whatsoever, howsoever caused, if the Carrier’s personnel are instructed by the Customer, the Consignee, or their servants or agents to provide service to an area that does not comply with (d) above, whether or not against the recommendations of the Carrier or the Carrier’s personnel.

4. 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.

5. Unless otherwise agreed in writing, the Customer will be responsible for loading the Consignment onto the vehicle and for the Consignee unloading the Consignment off the vehicle. The Carrier will not be responsible for any loss or damage to the Consignment arising from loading the Consignment onto or unloading the Consignment off the vehicle, from the overloading of the vehicle, or from the unsafe loading of the vehicle. The Carrier may, at its sole discretion, through its servants and agents, provide assistance in loading or unloading the Consignment if requested to do so by the Customer, the Consignee, or their agents. The Customer shall indemnify the Carrier from and against all loss, damage, death, or injury that may arise whilst loading or unloading operations are taking place, whether or not such loss, damage, death, or injury is attributable to the negligence of the Carrier, its employees, contractors, subcontractors, servants, or agents.

7. Delivery

1. The Customer will ensure that the Consignment is properly and safely packed, secure, and safe to be carried, stored, and transported.

2. The Carrier will use all reasonable efforts to ensure Consignments are delivered in accordance with the time notified to the Customer. However, it is agreed that such times are estimates only, and time shall not be of the essence for the purpose of this agreement.

3. When Consignments are to be collected from a Customer’s address, the Customer will provide appropriate equipment and labour for loading the Consignment.

4. Delivery shall be deemed to be completed when the Carrier completes unloading of the Consignment to the Delivery Address, and proof of delivery is obtained, including a signature. The driver who delivers the Consignment shall scan the proof of delivery and upload photographic evidence as required by the Carrier.

8. Customer Responsibilities and obligations

The Customer warrants that:

1. The Consignment does not and will not cause pollution of the environment or harm to human health; require any official consent or license to handle, possess, deal with, or carry; at any time whilst in the care or control of the Carrier constitute waste (unless the Carrier has been previously advised otherwise); and that the Consignment is of a nature that can be legally transported in the United Kingdom.

2. It will comply, and will procure that all its agents, employees, and sub-contractors also comply, with any reasonable regulations of the Carrier relating to handling, health and safety, and security, of which they are notified or have been notified.

3. It will provide the Carrier with such information and materials as the Carrier may reasonably require in order to comply with its obligations under the Contract, and will ensure that such information is complete and accurate in all material respects.

4. If the Carrier’s performance of any of its obligations under the Contract is prevented, hindered, or delayed by any act or omission of the Customer or by any failure by the Customer to perform any relevant obligation (“Customer Default”), then:

a)      Without limiting or affecting any other right or remedy available to it, the Carrier shall have the right to 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 to the extent the Customer Default prevents, hinders, or delays the Carrier’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 arising directly or indirectly from the Carrier’s failure to perform or delay in performing any of its obligations as set out in this Condition 8(4).

c)      The Customer shall, on written demand, reimburse the Carrier for any costs or losses sustained or incurred by the Carrier arising directly or indirectly from the Customer Default.

9. Consignment Notes and Signed Receipts

1. The Carrier shall, if so required, sign a document prepared by the sender acknowledging 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. The burden of proving the condition of the Consignment on receipt by the Carrier and that the Consignment was of the nature, quantity, or weight declared in the relevant document shall rest with the Customer.

2. The Customer shall, prior to or upon completion of loading the Consignment, sign and forthwith deliver to the Carrier a consignment note stating:

a)      The Collection address, the Consignee, and the Delivery Address;

b)     A complete and accurate description of the nature of the goods within the Consignment and the method of packing;

c)      The number of items, parcels, packages, and/or containers in the Consignment;

d)     The gross weight of the goods within the Consignment or their quantity otherwise expressed; and

e)     Any other information the Carrier may reasonably require.

10. Transit

1. Unless otherwise expressly agreed between the parties, transit shall commence when the Carrier takes possession of the Consignment, whether at the point of collection or at the Carrier’s premises.

2. Transit shall (unless otherwise previously determined) end when the Consignment is tendered at the Delivery Address, provided that:

a)      If no safe and adequate access or no adequate unloading facilities exist and the Consignment cannot be delivered, then transit shall be deemed to end at the expiry of one clear day after notice in writing (or by telephone) of the arrival of the Consignment at the Carrier’s premises has been sent to the Consignee; and

b)     When for any other reason whatever a Consignment cannot be delivered or when a Consignment is held by the Carrier ‘to await order’ or ‘to be kept till called for’ or upon any like instructions and such instructions are not given or the Consignment is not called for and removed within a reasonable time, then transit shall be deemed to end at the expiry of that reasonable time.

3. The Customer shall ensure that the Consignment is securely and properly packed and labelled in accordance with any relevant legislation and in such a condition that it is not likely to cause injury or damage to person 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 Consignment shall be at the sole risk of the Customer at all times when the Consignment is not in transit.

11. Undelivered or Unclaimed Consignments

1.        If the Carrier is unable to deliver a Consignment, it will make reasonable efforts to notify the Customer and the Consignee of any undelivered or unclaimed items. The Consignment will be removed from the Carrier’s vehicle the following day and stored at a location of the Carrier’s choosing. Additional storage charges may apply and will be billed to the Customer. If the Consignment is not collected or if return or further delivery instructions are not provided within 10 business days of the notice being given to the Customer, the provisions in clause 19 (Lien) will apply. The Carrier may then sell or destroy the Consignment as if it were the original owner. Any charges incurred by the Carrier for selling or destroying the Consignment may be billed to the Customer.

2.      The Carrier will make reasonable efforts to obtain what it considers a fair price for the Consignment and will use the sale proceeds to cover the Carrier’s expenses incurred for carriage, storage, and the sale or disposal of the Consignment. Any remaining amounts will be charged to the Customer, and any remaining proceeds will be paid to the Customer upon written request. Upon this payment, the Carrier will be discharged from all liability in respect of the Consignment.

12. Carrier’s Charges

1.     The Carrier’s charges are payable by the Customer, regardless of the Carrier’s rights against the Consignee or any other party. However, if any Consignment is consigned "carriage forward," the Customer is not obligated to pay these charges unless the Consignee fails to pay after a reasonable demand has been made by the Carrier.

2.     Prompt payment of all sums payable by the Customer to the Carrier is essential.

3.     Charges must be paid when due without any deduction or deferment on account of any claim, counterclaim, or set-off. The Customer shall pay the Carrier within 30 days of the invoice's month-end date unless otherwise agreed by both parties. The Carrier reserves the right to charge interest and legal costs on any overdue amount from the due date until payment, whether before or after judgment. Interest will accrue daily at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998, as amended.

4.     If the Customer becomes insolvent or any sums owed to the Carrier become overdue, any credit terms shall be canceled immediately, and all outstanding invoices or accounts shall become payable immediately.

5.     Unless otherwise agreed at the time of booking, the Carrier is not required to obtain proof of delivery (including photographic proof) of the Consignment from the Consignee. If proof of delivery is agreed upon at the time of booking, no payment shall be withheld by the Customer unless notification of non-delivery is received within 48 hours of the expected delivery time, and the Carrier cannot provide proof of delivery.

6.     The Customer shall pay any storage charges incurred due to the Carrier exercising its lien in accordance with clause 19.

7.     The Customer may cancel the collection of a Consignment at any time before the agreed collection time. If cancellation occurs less than an hour before the agreed time, the Carrier reserves the right to charge a cancellation fee equivalent to 100% of the total agreed charge.

8.     If the Consignment is not ready at the agreed collection time, the Carrier reserves the right to charge fees as notified in the quotation for every 15 minutes or part thereof until the Consignment is ready for loading after the agreed period.

9.     If the Consignee has not completed the loading or unloading of a Consignment within 15 minutes of the Carrier's arrival at either the loading address or the Delivery Address, the Carrier reserves the right to charge fees as notified in the quotation for every 15 minutes after the agreed period until the unloading is complete.

10.  The Carrier's charges are subject to adjustment to account for any cost variations, including but not limited to wages, materials, fuel, exchange rate fluctuations, duties, Local Authority rates, National Insurance, employment costs, VAT, and other costs.

11.  If the Carrier provides additional services beyond those originally agreed, including services outside working hours or deliveries to locations other than the Delivery Address, the Carrier is entitled to charge the Customer for the additional cost incurred, plus a management charge (up to £100).

12.  The Customer is not entitled to withhold, deduct, or set off any amount due to the Carrier against any sum alleged to be due from the Carrier.

13.  The Customer is responsible for ensuring that appropriate charges have been paid. If the Carrier determines that the Customer has not paid the correct charges, the Customer shall be liable for the difference between the initial payment and the amount due. The Carrier may suspend any account the Customer has with the Carrier until any unpaid amount is repaid and may take legal action to recover any unpaid amounts.

13. Cancellations

1.     The Customer may cancel the order up to 24 hours in advance and receive a full refund by contacting the Carrier and providing the relevant order number associated with the Consignment.

2.     If an order is cancelled within 24 hours of collection, the Carrier will make reasonable efforts to cancel the order and issue a refund where possible. However, if cancellation incurs costs, those costs shall be charged to the Customer. The Customer shall not be entitled to a refund if the Carrier has already collected the Consignment or if it has been dropped off/label has been used.

14. Liability for Loss and Damage

1. The Customer shall be deemed to have accepted the terms set out in sub-clauses (2) and (3) unless, before 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 the Consignment, howsoever or whensoever caused.

2. Subject to this clause 14, the Carrier shall only be liable for loss or damage to the Consignment if and to the extent that the Carrier has been negligent, irrespective of whether the loss or damage was caused directly or indirectly by any act, omission, neglect, default, or other wrongdoing on the part of the Carrier, its employees, contractors, subcontractors, or agents.

3. Subject to these Conditions, the Carrier shall be liable for:

a.      Physical loss, mis-delivery, or damage to living creatures, bullion, money, securities, stamps, precious metals, or precious stones comprising the Consignment only if:

                                                    i. The Carrier has specifically agreed in writing to carry such items; and

                                                   ii. The Customer has agreed in writing to reimburse the Carrier for all additional costs resulting from the carriage of said items; and

                                                  iii. The loss, mis-delivery, or damage occurs during transit and is proved to be due to the negligence of the Carrier, its employees, contractors, subcontractors, or agents.

b.      (Physical loss, mis-delivery, or damage to any other goods comprising the Consignment unless the same has arisen from a “Force Majeure Event,” defined as any act(s), event(s), circumstance(s), or cause(s) beyond the reasonable control of the Carrier, including but not limited to:

                                                    i. 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 requisition, destruction, or damage by or under the order of any government or public or local authority;

1.      Seizure or forfeiture under legal process;

2.      Error, act, omission, misstatement, or misrepresentation by the Customer or other owner of the Consignment, or by servants or agents of either of them;

3.      Inherent liability to wastage in bulk or weight, faulty design, latent defect, inherent defect, vice, or natural deterioration of the Consignment;

4.      Special handling requirements not notified to the Carrier;

5.      Insufficient or improper packing, labeling, or addressing;

6.      Act of God, riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labor from any cause;

7.      Fire, flood, storm, earthquake, pandemic, or epidemic;

8.      Road congestion, road accidents, delays incurred at any delivery location, lack of delivery instructions from the Customer, or vehicle breakdown;

c.      The Consignee not taking or accepting delivery within a reasonable time after the Consignment has been tendered.

4. The Carrier shall not be liable for any loss or damage arising after transit is deemed to have ended within the meaning of these conditions, irrespective of any act, omission, neglect, default, or other wrongdoing by 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 or mis-delivery of any property (including the Consignment), or any other claim whatsoever, howsoever caused, except to the extent caused by its wilful default or negligence.

6. Unless otherwise agreed, the Carrier shall not be obliged to insure the Consignment. Where it does so, it will insure under the conditions set out by the Road Haulage Association and CMR. The Customer is responsible for insuring against all risks for the full insurable value.

15. Fraud

The Carrier shall not be liable under any circumstances for a Consignment where there has been fraud on the part of the Customer or the owner, or their servants or agents, in respect of that Consignment, unless the fraud has been contributed to by the complicity of the Carrier or any servant of the Carrier acting in the course of their employment.

16. Limitation 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 goods comprising the Consignment, however arising, shall in all circumstances be limited to the lesser of:

a)      The value of the goods actually lost, mis-delivered, or damaged; or

b)     The cost of repairing any damage or reconditioning the goods; or

c)      A sum calculated at the rate of £1,300 Sterling per tonne on the gross weight of the goods actually lost, mis-delivered, or damaged.

The value of the goods actually lost, mis-delivered, or damaged shall be taken to be their invoice value if they have been sold, and shall otherwise be taken to be the replacement cost to the owner at the commencement of transit. In all cases, the value shall include any Customs and Excise duties or taxes payable in respect of those goods, provided that:

2.  In the case of loss, mis-delivery, or damage to a part of the Consignment, the weight to be taken into consideration in determining the Carrier’s liability shall be only the gross weight of that part, regardless of whether the loss, mis-delivery, or damage affects the value of other parts of the Consignment.

3.  Nothing in this Condition shall limit the Carrier's liability to less than the sum of £10.

4.  The Carrier may require the Customer to substantiate a claim by providing relevant information about the consignment, including proof of dispatch, proof of value, estimates for repair costs, cost price, invoices, weight and nature of the item(s) lost or damaged, serial numbers, and IMEI numbers for electrical items. This may include requesting any recipient of the Consignment to retain all packaging or obtain other documentary evidence as requested by the Carrier.

5.  The Customer shall be entitled to give the Carrier written notice, delivered at least 7 days before the commencement of transit, requiring that the £1,300 per tonne limit in 16(1)(c) be increased, but not to exceed the value of the Consignment. The Customer shall be required to agree with the Carrier on an increase in the carriage charges in consideration of the increased limit. If no such agreement can be reached, the £1,300 per tonne limit shall continue to apply.

The Carrier's liability in respect of claims for any other loss whatsoever (including indirect or consequential loss or damage and loss of market), however arising in connection with the Consignment, shall not exceed the amount of the carriage charges in respect of the Consignment or the amount of the claimant’s proved loss, whichever is the lesser, unless:

1.      At the time of entering into the Contract with the Carrier, the Customer declares to the Carrier a special interest in delivery in the event of physical loss, mis-delivery, or damage, or of an agreed time limit being exceeded, and agrees to pay a surcharge calculated on the amount of that interest.

2.      At least 7 days before the commencement of transit, the Customer has delivered to the Carrier written confirmation of the special interest, agreed time limit, and amount of the interest.

17. Compensation to the Carrier

1. The Customer shall indemnify the Carrier against:

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 other goods carried) by reason of any error, omission, misstatement, 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, or fraud as outlined in Condition 15.

b)     All claims and demands whatsoever (including 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 Carrier's liability under these Conditions in respect of any loss or damage whatsoever to, or in connection with, the Consignment, whether or not caused or contributed to directly or indirectly by any act, omission, neglect, default, or other wrongdoing on the part of the Carrier, its servants, agents, or subcontractors.

c)      Any sensitive personal data, information, and documents contained within a Consignment, including but not limited to names, addresses, bank details, signatures, and dates of birth, is entirely at the Customer’s risk, and no compensation is available for these items. Data stored on electronic media, such as data disks, hard drives, magnetic tapes, or pen drives, must be suitably encrypted. The Customer shall indemnify the Carrier against all actions, claims, proceedings, and judgments, together with costs incurred, relating to the loss, damage, or disclosure of such data documents.

18. Time Limits for Claims

1. The Carrier shall not be liable for:

   • (a) Damage to the whole or any part of the Consignment, or physical loss, mis-delivery, or non-delivery of part of the Consignment unless the Carrier has been negligent, and the Customer has advised the Carrier in writing of the issue within seven days, and the claim is made in writing within fourteen days, after the termination of transit.

   • (b) Any other loss unless advised in writing within twenty-eight days, and the claim is made in writing within forty-two days, after the commencement of transit.

2. The Carrier may make such investigations as it deems necessary to satisfy itself of the validity of any claim, and the Customer shall cooperate as is reasonable in the circumstances. In the case of claims for loss or damage, the Carrier may take a reasonable amount of time to undertake investigations and search activities.

3. Any information requested to substantiate a claim must be made available to the Carrier within 14 days. If the requested information is not received within this timescale, the Carrier reserves the right to close the claim. Should there be an error in a claim application or the supporting evidence that results in the need to re-issue a cheque, an administration charge of £10 will be deducted from the claim amount.

4. If a dispute arises out of or in connection with the provisions of the Services under these Conditions or the performance, validity, or enforceability of them (“Dispute”), then the parties shall follow the procedure set out in this clause:

a)      Either party shall give the other written notice of the Dispute, setting out its nature and full particulars (“Dispute Notice”), together with relevant supporting documents. Upon service of the Dispute Notice, both parties shall attempt in good faith to resolve the Dispute.

b)     If the parties are unable to resolve the Dispute within 30 days of service of the Dispute Notice, they will attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed, the mediator shall be nominated by CEDR. To initiate the mediation, a party must serve notice in writing (“ADR notice”) to the other party to the Dispute, requesting mediation. A copy of the ADR notice should be sent to CEDR. The mediation will start no later than 14 days after the date of the ADR notice.

c)      The commencement of mediation shall not prevent the parties from commencing or continuing court proceedings in relation to the Dispute under condition 22 (Governing Law and Jurisdiction), which shall apply at all times.

d)     If the Dispute is not resolved within 30 days after service of the ADR notice, or either party fails to participate or continue to participate

19. Lien

1. The Carrier shall have a general lien against the Customer, where the Customer is the owner of the Consignment, for any monies whatsoever due from the Customer to the Carrier. If such a lien is not satisfied within a reasonable time, the Carrier may, at its absolute discretion, sell the Consignment, or part thereof, as agent for the Customer and apply the proceeds towards the monies due and the expenses of the retention, insurance, and sale of the Consignment. Upon accounting to the Customer for any balance remaining, the Carrier shall be discharged from all liability whatsoever in respect of the Consignment.

2. Where the Customer is not the owner of the Consignment, the Carrier shall have a particular lien against the said owner, allowing the Carrier to retain possession, but not to dispose of, the Consignment against monies due from the Customer in respect of the Consignment.

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 the exercise of such lien.

4. If the Consignment is not solely the property of the Customer, the Customer warrants that it has the authority of all those having a proprietary or possessory interest in the Consignment to grant to the Carrier liens as set out in Condition 19(1) above. The Customer shall indemnify the Carrier for all claims and demands the Carrier may receive asserting that the Customer did not have that authority.
   
   
   

20. Unreasonable Detention

The Customer shall be liable to pay Demurrage for unreasonable detention of any vehicle, trailer, container, or other equipment, but the rights of the Carrier against any other person in respect thereof shall remain unaffected.

21. Confidentiality

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 these Conditions.

2. Each party may disclose the other party’s confidential information:

a)      To its employees, officers, representatives, subcontractors, or advisers who need to know such information for the purposes of carrying out the party’s legal obligations; and

b)     As may be required by law, a court of competent jurisdiction, or any governmental or regulatory authority.

22. Governing Law and Jurisdiction

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle 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. General

1.  Nothing in these Conditions (or any related document) shall confer any benefit or the right to enforce any of these Conditions upon any third party, except as provided by the Contracts (Rights of Third Parties) Act 1999.

2.  These Conditions, along with the documents and information referenced on the websites, constitute the entire agreement between the Carrier and the Customer. The Customer acknowledges that in agreeing to these Conditions, it has not relied on any representation or undertaking, whether oral or written, except as expressly included herein.

3.  If any provision of these Conditions is found by any court or administrative body of competent jurisdiction to be 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 Conditions is or becomes invalid, illegal, or unenforceable, it shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Conditions.

5.  The Carrier and the Customer agree that they, and anyone they employ or are responsible for, will comply with any applicable anti-bribery and anti-money laundering laws and regulations in connection with these Conditions or related services.

6.  The Carrier shall not be liable for any delay or non-performance of the Services to the extent that such non-performance is due to a Force Majeure Event (including but not limited to any circumstances beyond the reasonable control of either party which were not reasonably foreseeable at the time of agreement, including war, insurrection, earthquake, riot, fire, and flood, but excluding any change to guidelines, industry codes, regulations, or industrial dispute).