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1 Parties
The parties to this agreement are:
1.1
C&R Transport Ltd (‘the Courier’) which expression shall
where the context allows include his employees agents and
sub-contractors
1.2
the person firm or company named as Customer – overleaf
- (‘the Customer’)
2 Definitions
‘Sub-Contractors means any person whose services the Courier
engages or makes use of to perform the whole or any part of
the services the subject of this agreement.
‘Consignment’ means the delivery of goods in bulk or
contained in one parcel package container or envelope or as
the case may be or any separate number of parcels packages
containers or envelopes sent at any one time in one load by
or for the Customer from one address to one address.
‘Goods’ refers to the items the Courier agrees to deliver
pursuant to this agreement.
‘Dangerous goods’ means goods included in the list of
dangerous goods as defined in the Classification Packaging
and Labelling of Dangerous Substances Regulations (known as
the C.P.L. Regulations), and in the classification and
labelling of explosives regulations (The Radioactive
Substances (Carriage by Road) (Great Britain) Regulations
1974) and including any other relevant legislation or
regulations together with any amendments to them, or means
goods which present a comparable hazard.
‘Consequential Loss’ shall include without limitation any
economic loss or other loss of turnover, profits, increased
management or labour costs loss of future business loss of
reputation and goodwill loss of market or falls in prices of
whatever nature and all other damages costs or expenses or
other indirect losses including any liability to or claims
by any third party.
3 Courier’s obligations
3.1
The Courier shall use its best endeavours to
deliver the goods specified overleaf to the delivery address
so specified at about or before the time so specified
3.2
The Courier shall not be liable for any delay in
delivery caused by the unavailability at the delivery
address of the consignee or other authorised recipient
3.3
The Courier shall not be liable for loss of or
damage to or mis-delivery or delayed delivery of the goods
occasioned by:
3.3:1 act of God including but not
limited to storm tempest or flood
3.3:2 act of war
hostilities riot or civil commotion or the threat or
fear of such conditions prevailing
3.3:3 criminal
malicious or negligent actions or acts or omissions of
third parties
3.3:4 industrial action or
unforeseeable traffic conditions
3.3:5 the effect of
ionising radiation or uncontrolled nuclear reaction
3.3:6 suspension or cancellation of transport services
by reason of or of the threat or fear of inclement
weather or any of the matters set out in clauses 3.3:1
to 3.3:5 inclusive
3.3:7 Fire-lighting or explosion
3.3:8 Seizure under legal process
3.3:9 Act
default or omission of whatever nature of the Customer
his employees or agents or any person having any
interest in the goods
3.3:10 Insufficient or
improper packing labelling or addressing
4 Customer’s obligations
Subject to the provisions of this agreement the Customer
undertakes:
4.1
That in relation to the Goods the Customer is either
solely beneficially entitled to the Goods or has the
authority of all those interested in the Goods to enter
into this contract and to bind them to its terms
4.2
In the event of any claim by any third party against the
Courier arising out of this contract to indemnify the
Courier against the claim and all legal and other costs
incurred except to the extent that the Customer
establishes that the Courier would have been liable to
the Customer had the original claim been made by the
Customer but on the assumption that the Customer had
retained title to the Goods
4.3
To give any instructions requested by the Courier in
pursuance of clause 3 above as soon as reasonably
practicable
4.4
To make all payments as provided in clause 13 below
5
Limitation of liability
5.1
Except in the case of death or personal injury caused by the
Courier's negligence, the liability of the Courier under or
in connection with this agreement whether arising in
contract, tort, negligence, breach of statutory duty or
otherwise howsoever shall not exceed the carriage fee(s)
paid by the Customer to the Courier under this agreement.
5.2
Neither Party shall be liable to the other Party in
contract, tort, negligence, breach of statutory duty or
otherwise for any loss, damage, costs or expenses of any
nature whatsoever incurred or suffered by that other Party
of an indirect or consequential nature including without
limitation any economic loss or other loss of turnover,
profits, business or goodwill.
5.3
The Courier strongly advises that the Customer insure
against such potential losses.
6 Excluded goods
6.1
The Customer shall not submit for carriage and the
Courier may at any time abandon the carriage of any goods of
a type specified in clause 6.3 below
6.2
If the Courier abandons goods in pursuance of clause 6.1
above he shall immediately notify the Customer of the
circumstances but shall be under no liability in respect of
the safe-keeping of
the abandoned goods
6.3
The following are excluded goods:
6.3.1
Explosive and inflammable articles firearms
including parts of any firearms ammunition and
detonators
6.3.2
Dangerous goods
6.3.3
Any article the possession of which in or the
importation of which into any country from through or to
which the carriage is to take place is illegal or
prohibited
6.3.4
Any article prohibited as hand
luggage by British Airways
6.3.5
Any written
printed or pictorial matter which is obscene blasphemous
scandalous or defamatory or proscribed or prohibited
6.3.6
Human remains
6.3.7
Livestock
7 Warranties and
Indemnities
The Customer shall indemnify the Courier in respect of
the whole of any fine or penalty or legal and other
costs incurred by the Courier and any other loss outlay
and expense sustained by the Courier by reason of the
Customer’s breach of clauses 3, 4 and 6 above.
7.1
The extent of the Courier’s responsibilities and
liabilities are defined in these conditions and the
Customer shall save harmless and keep the Courier
indemnified from and against all claims costs and
demands of whatsoever nature and by whomsoever made and
howsoever arising from negligence or otherwise in excess
of the liability of the Courier under these Conditions
arising directly or indirectly from the collection,
carriage, storage and/or delivery of the Customer’s
Consignment.
7.2
In the absence of written notice to the contrary given
to the Courier at the time of delivery to them, all
goods and the packaging within which they are contained
are warranted by the Customer to be fit to be carried
and stored.
7.3
The Customer agrees that he will not submit to the
Courier any Consignment containing dangerous, verminous,
infested, contaminated or condemned goods unless he
shall first have given to the Courier in writing full
details of the same and obtained the written agreement
of the Courier to the submission of such Consignment.
7.4
The Customer will be responsible for and will indemnify
the Courier against all losses damage and claims of
whatsoever nature made upon the Courier for which the
Courier may be or become liable arising from the tender
of a Consignment all or part of which consists of
dangerous, verminous, infested, contaminated or
condemned goods including loss and/or damage sustained
by the Courier to its own property and injuries or loss
sustained by servants and/or sub-contractors of the
Courier.
7.5
The Courier and the Customer
acknowledge that, in entering into this agreement, they
do not do so in reliance on any representation, warranty
or other provision except as expressly provided in this
agreement, and any conditions, warranties or other terms
implied by statute or common law are excluded from this
agreement to the fullest extent permitted by law.
Nothing in this agreement excludes liability for fraud.
8 Third Parties
The Courier shall be entitled to appoint sub-contractors
and/or agents and it is hereby declared any
sub-contractor of the Courier and the employees of the
Courier and any such sub-contractor and also any person
deriving title to the goods from the Customer are third
parties to this contract within the meaning of the
Contracts (Rights of Third Parties) Act 1999 and shall
be entitled to enforce this contract accordingly.
9 Transit
9.1
Transit begins when the goods are handed to or collected
by the Courier for carriage.
9.2
Transit shall be suspended:
9.2.1
When the goods are held by the Courier at some place
other than the destination at the request of or for the
convenience of the Customer or because the Customer or
Consignee refuses or is unable to take delivery at
the destination or;
9.2.2
when the
goods are detained for Customs purposes;
and shall
be resumed when the Courier resumes the carriage of the
goods.
9.3
Transit shall (unless otherwise
previously determined) end:
9.3.1
in the case of goods to be
delivered by the Courier when they are tendered at the
usual place of delivery within the customary delivery
hours of the district, or at such other times or places
as may be agreed between the Courier and the Customer;
9.3.2
in the case of goods not to be delivered
by the Courier awaiting order or collection, at the
expiration of one clear day after notice of arrival has
been given either orally or in writing to the consignee
or, to the sender when the address of the Consignee is
not known; provided that when the addresses of both the
sender and consignee are not known, the said end shall
be at the expiration of one clear day after the arrival
of the goods at the place to which they are consigned.
9.4
The Courier shall be entitled to
raise a charge in respect of any wasted or needless journeys
made or for any delay in attempting to effect delivery of
the goods due to any default of the Customer and/or
consignee in accordance with its own costing scales.
10 Means of transport
10.1
Goods accepted by the Courier for carriage may be
carried by such means of transport and by such route as
the Courier thinks fit and these conditions shall apply
to whatever means or routes by which the goods are
carried.
10.2
Goods carried wholly or partly by water or air or rail
shall in connection with liability in respect of such
carriage be carried subject to the applicable Conditions
of Carriage by water or air or rail of the carrier who
carries the goods such conditions to be read as though
reference therein to water or air or rail carrier were
reference to the Courier. In the absence of proof to the
contrary where goods are carried partly by land and
partly by water or air or rail any loss damage or delay
shall be deemed to have occurred whilst the goods are
being carried by road.
11 Loading and unloading
11.1
On collection or delivery at a Sender’s or Consignee’s
premises the Courier shall be under no obligation to
provide any plant, power or labour for loading or
unloading.
11.2
Subject to these Conditions, the Courier’s servants
and/or employees have no authority to give assistance
other than under supervision in the loading and
unloading at the usual place of collection or delivery
and the Courier shall not be liable for any loss or
damage howsoever caused including negligence
attributable to such or to any other assistance given
and the Customer shall indemnify the Courier against any
claims made against the Courier as a result of any such
other assistance given.
11.3
Consignments or part thereof requiring special
appliances for unloading from a road vehicle are
accepted for carriage only on the condition that the
Customer has duly ascertained from the consignee that
such appliances are available at the destination. Where
the Courier is, without prior arrangement in writing
having been made by the Customer, called upon to load or
unload Consignments or parts thereof for which special
appliances are required, the Courier shall be under no
liability whatsoever to the Customer for any damage
howsoever caused, whether or not by the negligence of
the Courier and the Customer shall be responsible for
and indemnify the Courier against any damage or
liability which the Courier may suffer or incur either
itself or in respect of loss, damage or injury suffered
by the Courier’s employees or any third party.
12 Dangerous goods
12.1
Except where the Courier has agreed in writing signed by
a Director, the Courier does not contract to carry or
store dangerous, verminous, infested, contaminated or
condemned goods.
12.2
Where the Courier accepts dangerous goods (in this
Condition 12 called ‘the Goods’) for carriage or storage
the Goods will be carried or stored subject to all the
foregoing Conditions and subject also to the special
Conditions specified and referred to in this Condition
and in the event of conflict between the said special
Conditions and the foregoing, the special Conditions
shall prevail.
12.3
The special Conditions relating to the carriage of the
Goods are:
12.3.1
At the time of tendering the
Goods for carriage or storage the sender shall supply to
the Courier a declaration in writing giving adequate and
sufficient information in relation to the nature of the
Goods and the hazard presented (whether or not required
by statute).
12.3.2
The Goods shall be properly
and sufficiently packed and labelled in accordance with
any requirements specified by the Courier or otherwise
with any statutory regulations in force applicable to
the carriage of the Goods including but not limited to
the C.P.L. and allied regulations.
12.3.3
Any
additional Conditions and/or requirements communicated
to the Customer by the Courier shall prevail
12.3.4
In case of non-compliance with any of the provisions
of this Condition:
12.3.4.1
in any event the Courier
shall not be under any liability whatsoever in
respect of the dangerous Consignment save in the
case of wilful misconduct by the Courier in which
case liability shall be determined in accordance
with these Conditions; and
12.3.4.2
the
Customer will be responsible for and indemnify the
Courier against loss or damage and claims made upon
it for which it may be or become liable in respect
of injury to persons or damage to property unless
the Customer proves that the loss or damage or
injury is due to the wilful misconduct of the
Courier.
12.4
The Courier may at any time at the customer’s sole risk and
expense return the whole or any part of the dangerous
Consignment to the Customer (who shall receive it at once)
or destroy or otherwise dispose of the whole or any part
thereof if the Courier is of the opinion that is necessary
or advisable to do so.
13
Payment
13.1
The Customer shall pay the Courier's invoices on receipt
without set-off or deduction or counterclaim.
13.2
In default of payment the Courier shall be entitled to
charge interest at the rate of 5% above the then prevailing
base lending rate of National Westminster Bank Plc from the
date of invoice.
14 Time Limits for Claims
14.1
The Courier shall not be liable for any damage to goods or
delay unless it is advised in writing within 7 days of
delivery or the date specified for delivery in regard to
goods not actually received.
14.2
In any event any damaged goods must made available to the
Courier for inspection
14.3
The Courier shall not be liable for any loss or mis-delivery
unless it is advised in writing by the Customer (otherwise
than upon delivery of the Courier’s documents) within 7 days
of transit commencing.
14.4
The Courier shall in any event be discharged from all
liability whatsoever in respect of the Consignment unless
proceedings are commenced within a period of one year from
the termination of transit or, in the case of loss mis-delivery
or non-delivery of the whole Consignment, the date specified
for delivery in regard to goods not actually received.
15 Courier’s lien
The Courier shall have a general lien against the owner
of the Goods for any money due from the Customer or such
other owner to the Courier and if any such lien is not
satisfied within a reasonable time the Courier may in
its absolute discretion sell all or part of the Goods as
agent for the owner and apply the proceeds towards the
money due and the expenses of retention insurance and
sale of the Goods and shall on accounting to the
Customer for any surplus be discharged from all
liability whatever in respect of the Goods
16 The contract and these Terms and
Conditions shall be construed and governed by the Laws
of England.
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