This page (together with any documents referred to on it) tells you the terms and conditions for use of our website, together with the terms for our services to our clients. Please read these terms and conditions carefully before ordering from our site.
By purchasing any services from or by using our website, you are stating that you accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any services from us. If you do not agree to these terms, you should immediately refrain from any future use of our website.
Terms & Conditions of Business for Elk Motors Ltd t/as Bridgeway Freighting.
“Account” means a customer account registered with Us containing customer-specific information, including but not limited to the customer’s name, contact information, payment card details and Booking history.
“Account Booking” means a Booking made by a customer with an Account.
“App” means any mobile application that can be used by customers to place Bookings with Us.
“Booking” means a booking for the carriage of a Consignment placed by a customer with Us via telephone, email, facsimile, Website or an App.
“Carrier” means Elk Motors Ltd t/as Bridgeway Freighting, whose registered office is at Silver Street, Dursley, Gloscester, GL11 4NA, United Kingdom. A company registered in England & Wales, company registration number 01797193.
“UNCMR Convention” means the United Nations’ Convention on the Contract for the International Carriage of Goods by Road.
“Conditions” means these terms and conditions of business, which shall apply to the contract of carriage between the customer and Us.
“Consignee” means the person to whom the Carrier delivers the Consignment.
“Consignment” means goods or property, whether contained in separate parcels or not, packages, containers or envelopes including any paper and documents, to be delivered on behalf of the customer to the Consignee.
“Customer” means the person who contracts with Us for the services of the Carrier.
“Dangerous Goods” means any goods or items designated for carriage as defined in the Carriage of Dangerous Goods by Road Regulations 1996 (as amended, re-enacted or extended).
“Excluded Goods” means goods which may be carried by the Carrier pursuant to clause 3.8 which shall include, without limitation, precious stones, precious metals, watches, jewellery, glass, furs, china, art, antiques, prescription drugs, fragile and perishable goods, money, vouchers, travellers cheques, bearer bonds, bills of exchange, promissory notes, stamps, photographs, documents of title to property, bank, credit, pre-pay or other store cards with a cash equivalent value, spirits, tobacco and cigarettes and any other goods which we may at its sole discretion deem to be valuable.
“Non-Account Booking” means a Booking made by a customer without an Account.
“Online” means Bookings and Booking enquiries made by the customer Online via our Website.
“Prohibited Items” shall have the meaning ascribed to it in clause 3.9.
“Us” means Elk Motors Ltd t/as Bridgeway Freighting.
“Website“ means the Carrier’s website located at www.bridgewayfreighting.co.uk
“Working Day“ means any day other than a Saturday or Sunday or a public or bank holiday in England & Wales.
2.1 The Carrier provides an all-encompassing Consignment service to the customer, which can include but is not limited to the carriage of Consignments, a booking service, account management support, tracking of deliveries, reporting of deliveries, provision of tracking services as well as other features agreed between the Carrier and it’s customer from time to time. The customer acknowledges that for the carriage element of it’s service, the Carrier may engage an employee, agent or subcontractor.
2.2 The Carrier is not a common carrier and accepts at it’s sole discretion the carriage of Consignments subject only to these Conditions. Subject to clause 2.6 and 2.7, these Conditions shall apply to the exclusion of any other terms and conditions (including those of the customer) unless agreed in writing by a Director of the Carrier. Subject always to clause 9.2, no employee, agent or subcontractor of the Carrier is authorised to alter or vary these Conditions.
2.3 The customer acknowledges and agrees that the Conditions excluding or restricting any liability of the Carrier are reasonable having regard to the existence of alternatives and other carriers available to it.
2.4 The customer warrants that it has full power and authority to enter into and perform it’s obligations under these Conditions.
2.5 The Carrier reserves the right to withdraw the Website and the facility to place Bookings Online or via any App without prior notice and also to refuse to accept and/or perform any orders placed through them.
2.6 The Carrier and customer acknowledge and agree that the CMR Convention and the standardised terms and conditions set out in the CMR Convention shall, to the exclusion of these Conditions, govern as matter of law any carriage by the Carrier of a Consignment by road, where the points of collection and delivery of the Consignment are located in different countries, of which at least one is a signatory to the CMR Convention. The CMR Convention shall not as a matter of law govern any carriage of a Consignment (a) between the United Kingdom, the Republic of Ireland, the Channel Islands or the Isle of Man; (b) under the terms of any international postal convention; or (c) in the context of furniture removal.
2.7 Where a customer contracts with the Carrier as a consumer in a private non-commercial capacity, these Conditions shall be read in conjunction with the terms and conditions set out in Appendix 1.
3.1 Each Booking by the customer with the Carrier shall be submitted by the customer to the Carrier via telephone, email, fax, Online or any App.
3.2 The Carrier shall provide the customer with a quotation for the carriage of the Consignment in question and such quotation shall be valid for a period of 7 days or such other period as the Carrier may specify. The Carrier shall provide written quotations to the customer upon request. All Bookings are subject to acceptance by the Carrier and the Carrier reserves the right to refuse to accept any Bookings. All Bookings are subject to and governed by these Conditions, shall be deemed to be a separate and independent contract and the Carrier reserves the right to amend any Booking at any time upon notice to the customer.
3.3 The contract between the customer and Carrier in respect of a Booking (the “Contract”) will be formed when the Carrier confirms receipt of that Booking. Customers should be awre that their Booking will not have been accepted by the Carrier until the time of such confirmation.
3.4 Additional charges (including, without limitation, time charges for waiting and/or loading) may be imposed by the Carrier (and the customer hereby agrees to pay any such charges) if the Carrier is prevented from performing its obligations under these Conditions by reason of the acts and/or omissions of the customer.
3.5 Unless agreed otherwise by the Carrier, the Consignment shall only be delivered to the address specified by the customer at the time of Booking and the Carrier reserves its right to vary its charges by written notice to the customer following any subsequent variation of the delivery address by the customer.
3.6 All quotations for the Carrier’s charges are calculated in accordance with the length of the journey for the shipment, the dimensions and gross weight of the Consignment and the type of Consignment service specified in the Booking. The Carrier offers a range of Consignment services .Further details of the Carrier’s charges and Consignment services are available upon request.
3.7 If the customer requires additional service over and above the Carrier’s standard carriage of Consignments, the customer should contact the us to discuss this. While we will take reasonable steps to fulfil the customer’s additional requirements if the additional services involve supervision, direction or control as to the manner in which the Carrier’s services are performed the customer must contact the us in advance as the customer may be required to agree any additional charges in advance.
3.8 All Dangerous Goods must be disclosed by the customer in advance and unless otherwise agreed, the Carrier will not accept or carry Dangerous Goods. Where the Carrier accepts Dangerous Goods for carriage they must be classified, packed and labelled in accordance with any applicable statutory regulation for the carriage of such Dangerous Goods and with any specific instructions of the Carrier which shall be set out in a separate written agreement entered into between the Carrier and the customer. The customer shall further provide such information, document or declaration as may be necessary to enable the carriage of such Dangerous Goods by the Carrier under that separate written agreement. Unless such written information is provided, we retain in our absolute judgement, the authority to refuse carriage of such goods, and/or to cancel any arranged transportation. We will not accept any liability whatsoever, for any goods misdescribed or certified, that are subsequently discovered to be those which would ordinarily be deemed Dangerous Goods.
3.8 If the proposed Consignment contains Excluded Goods, the customer must notify the Carrier at the time of Booking as to the content and value of such Consignment of Excluded Goods and the Carrier may (in its sole discretion) elect to carry such Excluded Goods. Except as set out in clause 10.1, the Carrier shall not be liable to the customer for any loss, however caused, unless the Carrier has agreed in writing to the customer to accept such liability. The Carrier reserves the right to charge the customer (and the customer shall agree to pay) an additional sum for the carriage of the Consignment of Excluded Goods and will inform the customer of such sum prior to accepting the Booking. If the customer fails to so inform the Carrier in accordance with this clause 3.8, the Consignment will be delivered solely at the customer’s risk and the customer shall indemnify and keep the Carrier indemnified against any and all losses, damages, claims, liabilities, costs and expenses (including, without limitation, legal costs and expenses) suffered or incurred by the Carrier arising out of, or in connection with, the delivery of the Consignment comprising such Excluded Goods in whole or in part.
3.10 Unless the Carrier has agreed otherwise in advance in writing specifying any additional terms, charges and limitations on liability which shall apply, the customer shall not submit for carriage (and the Carrier may without any liability whatsoever reject such carriage at any time upon notice to the customer) any Consignment which contains firearms, munitions, inflammable items or other explosives, livestock or other animals, human remains, any obscene, defamatory, blasphemous, scandalous or other indecent material, any item (including, without limitation, drugs or other illegal substances) which is prohibited or illegal to possess or import into any country through or into which the carriage of the Consignment is to take place (the “Prohibited Items”). If the customer submits Prohibited Items as a Consignment (and regardless of whether or not the Carrier has agreed to carry such Consignment), the customer shall indemnify and keep the Carrier indemnified against any and all losses, damages, claims, liabilities, costs and expenses (including, without limitation, legal costs and expenses) suffered or incurred by the Carrier arising out of, or in connection with, the carriage of the Consignment comprising such Prohibited Items in whole or in part.
4.1 The customer shall ensure that the Consignment is secure, properly packed and labelled in accordance with good practice, accepted industry standards and any applicable statutory requirements and is fit and safe to be carried, stored and transported by road, air, rail or sea as may be appropriate.
4.2 The Carrier will use all its reasonable efforts to collect and deliver the Consignment within the times specified for collection and delivery by the Carrier when confirming a Booking, but unless otherwise agreed these are estimates only and time is not of the essence for such delivery. Unless specifically agreed, we will not accept any liability for any failed delivery as expected by the Customer.
4.3 Unless the Carrier has otherwise agreed in writing;
4.3.1 the Carrier shall not be required to provide any labour or special equipment for loading or unloading the Consignment, other than that carried by the vehicle used solely by the Carrier; and
4.3.2 the customer warrants that it will provide or procure any special equipment required for loading or unloading the Consignment, and shall indemnify and hold harmless the Carrier for any damage to the Consignment or the Carrier, however caused, if the Carrier is instructed to load or unload any Consignment requiring special equipment where such equipment has not been provided or procured by the customer.
4.4 The Carrier shall under no circumstances be liable to the Customer for any loss of or damage to:
4.4.1 the Consignment; or
4.4.2 any property of the Customer, in connection with or arising out of;
4.4.3 the Carrier’s use of any special equipment in the loading or unloading of the Consignment (other than that carried by the vehicle used by the Carrier for such delivery);
4.4.4 the Carrier’s entry onto the premises of the Customer or Consignee in the course of collecting or delivering the Consignment; or
4.4.5 the Carrier otherwise providing to the Customer (whether for the benefit of the Customer or the Consignee) any services (whether or not the Customer and/or the Consignee assist in such provision) that are beyond the scope of the normal services that would usually and reasonably be expected of a point-to-point courier (together the “Out of Scope Services”).
4.5 The Carrier shall not be required to provide the Out of Scope Services (in whole or in part) to the Customer (whether for the benefit of the Customer or the Consignee), unless such provision is provided for in the Customer’s Booking and confirmed by the Carrier in accordance with clause 3.3.
4.6 The Customer shall indemnify and keep indemnified the Carrier and its affiliates, contractors, agents, directors and employees against all losses, liabilities, damages, claims, actions, proceedings, expenses and costs (including legal and professional costs), that the Carrier and/or such related parties suffer or incur arising out of or in connection with the Carrier’s provision of the Out of Scope Services, (whether or not the Customer and/or the Consignee assist in such provision), including but not limited to any claim by the Consignee that the Carrier’s provision of the Out of Scope Services, has caused any loss of or damage to the Consignment or the property of the Consignee.
4.7 The Carrier shall deliver the agreed Consignments according to such route as it in its absolute discretion thinks fit.
- CONSIGNMENT & DELIVERY NOTES
5.1 If required, the Carrier shall sign a document prepared by the customer acknowledging receipt of the Consignment, but such document shall not be considered to be evidence of the condition, declared nature, quantity or weight of the Consignment at the time it is received by the Carrier for delivery.
5.2 Subject to clause 5.3, the Carrier shall require written acknowledgment of the delivery at the point of delivery of the Consignment, and where the Carrier is unable to obtain such acknowledgment, the Carrier shall be deemed to have been unable to effect delivery for the purposes of clause 7.1. Written acknowledgment or signature at the point of delivery shall be considered conclusive evidence of proper delivery.
5.3 Where the customer notifies the Carrier prior to the delivery or attempted delivery of the Consignment that the Carrier need not provide to the customer a signature as proof of delivery of the Consignment, the Carrier shall be under no obligation to provide the customer with the same and the customer shall be deemed to have unconditionally and irrevocably waived any and all claims it may have against the carrier in respect of the final delivery of the Consignment to the Consignee. Where a customer notifies the Carrier that proof of delivery is not required pursuant to this clause, the Carrier shall not be liable to the customer if it is later claimed by the Consignee that the Consignment, or part thereof, has not been delivered.
- TRANSIT OF GOODS
6.1 Such transit commences when the Carrier takes possession of the Consignment, whether at the Carrier’s premises or at some other point of collection.
6.2 Subject to clause 6.3, Transit by the Carrier shall (unless otherwise agreed) end when the Consignment is delivered at the Consignee’s address provided at the time of Booking by the customer.
6.3 Where such Consignment cannot be delivered (for whatever reason) or is held by the Carrier to await order or further instructions and such instructions are not given by the Customer, or the Consignment is not collected within 24 hours of notice being given to the customer or such other time as the Carrier may nominate, then transit shall be deemed to end at the expiry of such time.
6.4 The Carrier shall be entitled to recover its charges in full for any failed delivery, which is unsuccessful due to incorrect or inadequate information provided by the customer and in addition recover any expenses or losses it suffered or incurred in attempting to effect delivery.
6.5 The customer understands and accepts that the Carrier shall be entitled to open and examine any Consignment that the Carrier reasonably considers to be a security or health and safety risk to the Carrier, and to take at its sole discretion, any such appropriate action thereafter in its absolute judgement.
- UNDELIVERED OR UNCLAIMED GOODS
7.1 Where the Carrier is unable to effect the delivery as requested by the customer when making a Booking, or where transit has come to an end, the Carrier shall use its reasonable endeavours to notify the customer and the Consignee of any undelivered or unclaimed Consignment.
7.2 Unless the Consignment is collected from the Carrier by the customer, or instructions are given for the disposal, onward carriage or return to the customer of the Consignment within 7 (seven) days of such notice being given, (or such other time as the Carrier may nominate), title of ownership of the Consignment shall transfer in full to the Carrier, and the Carrier may destroy, sell, or otherwise dispose of the Consignment as if it were the absolute owner.
7.3 Where a Consignment is returned to the customer by the Carrier or a customer arranges for the onward carriage and delivery of the Consignment by the Carrier (excluding any return to the customer), that return or onward carriage (as the case may be) shall be at the customer’s sole cost and expense and shall be charged to the customer (and the customer shall agree to pay) at the Carrier’s standard rates from time to time in force.
7.4 Where the Carrier sells the Consignment to a third party pursuant to clause 7.2, the Carrier shall use its reasonable endeavours to obtain a reasonable price for the Consignment, and shall apply the proceeds of sale to the payment of all its proper expenses and charges suffered or incurred in relation to the carriage, storage and sale or disposal of the Consignment. Any proceeds left over shall be paid to the customer upon which the Carrier shall be discharged from any and all liability in respect of the Consignment. Where the proceeds of sale do not meet or exceed the total value of the Carrier’s incurred expenses and charges, the carrier shall charge the customer (and the customer shall agree to pay) a sum equal to any shortfall.
- CANCELLATION & REFUNDS
8.1 Subject always to the provisions of this clause, the Carrier and customer shall each be entitled to cancel a Booking and terminate the Contract at any time for any reason with immediate effect by notice to the other.
8.2 Where the Carrier cancels a Booking pursuant to clause 8.1 by reason of a breach of these Conditions by the customer, the Carrier may, without prejudice to any rights or remedies it may have at law or under these Conditions, charge (and the customer shall agree to pay) a reasonable fee for any time and effort incurred by the Carrier in connection with that Booking, up to the full value of the charges specified by the Carrier in accordance with clause 9.1.
8.3 Under the Distance Selling Regulations, you have the right to cancel within 7 (seven) days of any bookings made via the website, any App, Telephone or non physically present location. Any deposit or monies paid will be refunded by their original method of payment, within 28 (twenty eight) days. Due to the unique nature of your booking of transit with the carrier, any bookings cancelled after such 7 (seven) day period will only be cancelled and/or refunded at our absolute discretion. Your statutory rights shall not be affected by this.
8.4 In addition, the Carrier further reserves the right to hold the customer liable for missed work opportunities caused by a breach of the Conditions and the cancellation of a Booking pursuant to the conditions outlined in clause 8.1.
8.5 In the event of cancellation of any Booking for a Consignment by the customer, the customer shall be liable to the Carrier for the Carrier’s charges in full for the carriage of the Consignment. Clause 8.3 shall apply only to cancelled Bookings where the Customer has cancelled before the Carrier has collected the Consignment (or any part thereof) in question.
8.6 Where the customer cancels a Booking after the Carrier has departed to collect the Consignment (but before collection has taken place), the Carrier may charge (and the customer shall agree to pay) a reasonable fee for time and effort incurred by the Carrier in connection with that Booking, up to the full value of the charges specified by the Carrier.
8.7 The Carrier further reserves the right to hold the customer liable for any missed work opportunities caused by the cancellation of a Booking following the Carrier’s departure (but prior to collection).
8.8 The customer shall not have a right to cancel the Booking where the Carrier has departed to collect the Consignment, in accordance with the customer’s request, prior to the expiry of the 7 (seven) Working Day period referred to in clause 8.3.
8.9 Any reports regarding cancellations or refunds should be submitted as soon as possible and according to the above conditions to email@example.com – this is the only method we will accept.
- CARRIER’S CHARGES
9.1 The customer shall pay all the Carrier’s charges due in accordance with these Conditions. The charges payable in respect of a Booking shall be specified by the Carrier as part of the confirmation referred to in clause 3.3.
9.2 Subject to clause 9.4, payment terms are 14 days from date of invoice, and any variation to these terms are only accepted as being agreed in writing by an authorised employee of the Carrier. Payment terms may be extended to 28 days from date of invoice for a customer who has signed the necessary consent forms to authorise its bank to make payment by direct debit, subject to our written approval and at our absolute discretion.
9.3 The Carrier’s charges shall be based on its current scale of charges in effect at the time of carriage of the Consignment, and unless payment is made by credit card, invoice(s) shall be rendered by the Carrier to the customer at least once a month. Credit facilities granted to a customer may be withdrawn at the Carrier’s absolute discretion at any time and any balance outstanding shall become due immediately on demand.
9.4 If at the time of Booking the customer pays for a Consignment by credit card, the amount quoted by the Carrier to the customer at the time of Booking will be charged to the customer’s credit card, wherever reasonably practicable within 24 hours (or such other period as the Carrier may reasonably determine) of the Carrier’s acceptance of the Booking. In the event that any additional charges are imposed by the Carrier pursuant to clause 3.4 above, the customer hereby authorises the Carrier to charge any such additional charges to the customer’s credit card wherever reasonably practicable within 24 hours (or such other period as the Carrier may reasonably determine) of the Carrier incurring such charges. Card payments shall be processed by our nominated payment processing agent, and the Customer gives Us their consent and authority to use any such third party payment processing agent we deem appropriate for use.
9.5 The Carrier reserves the right on 30 days written notice to increase and scale of charges to reflect increases in fuel prices. The Carrier reserves the right to vary its tariff, because of any change in business or regulation or any increase in the cost of providing any services, by giving the Customer not less than 30 days’ written notice. If the Customer does not wish to continue to make any Booking after the date of the changes which take place, it is free to make such a choice. Any variation of the tariff will not affect the scale of charges which applied to any Booking made before any variation takes effect.
9.6 The Carrier shall be entitled to charge interest (both before and after judgment) on any due amounts unpaid at the rate of 4% above the base rate of the Bank of England from time to time until payment is made in full. When payment is not made by the due date, the customer shall indemnify the Carrier for any costs and/or expenses it may suffer or incur in recovering the sum due, including reasonable legal fees and costs of collection through any third party collection agent.
9.7 Any queries in respect of an invoice must be made in writing within 7 days of the date of the invoice otherwise it will be deemed to have been accepted, and will be payable in full by the customer as notified.
9.8 All charges quoted and charged are exclusive of value added tax and all other duties or any taxes which may become due or payable from time to time, and shall be added to invoices at the rate applicable at the date of invoice.
9.9 All invoices, credit notes and statements will be sent to the customer according to the details entered into its account with Us, at the time nominated by our invoice processing system. They become due according to the terms of payment issued upon them, and no set-off, deductions or discounts will be allowed unless specifically agreed in writing by Us.
- LIMITATION OF LIABILITY & OBLIGATIONS
10.1 Notwithstanding any other clause of these Conditions, neither party excludes or limits liability for personal injury or death arising from the negligence or wilful default of either party, its servants, dealers or sub-contractors; or for any fraudulent misrepresentation.
10.2 Except as expressly provided in these Conditions, the total liability of the Carrier which arises out of or under these Conditions (whether in contract, tort, statute or otherwise) in respect of any contract arising from a Booking shall exceed £50,000 (fifty thousand GBP).
10.3 The Carrier shall not be liable to the customer, whether in contract, tort or by statute, or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage suffered by the customer howsoever caused including, without limitation:
10.2 loss due to delay in delivery; and/or loss of anticipated savings; and/or loss of business and/or goods; loss of any goodwill, loss of use, loss of data or other information, any losses relating to the procurement by the customer of any substitution of goods or services.
10.3 The types of loss and/or damage specified above, shall not constitute direct loss for the purpose of these Conditions.
CONSIGNMENT VALUES AND LIABILITY
10.4 The customer shall notify the Carrier at the time of Booking of the value of the Consignment in accordance with the notification requirements set out in the tables below.
10.5 The Carrier’s total aggregate liability to a customer in respect of any Consignment, shall be as set out in the tables below. The Carrier shall provide a higher limit on its liability for Consignments which relate to Consignments of value, where the customer notifies the Carrier of those values and the customer pays the additional fees as set out in the tables. The parties acknowledge and agree that the Carrier’s maximum liability in respect of each Consignment will also depend on whether the customer has an Account with the Carrier.
Table 1: Non-Account Bookings – Same Day Deliveries within the UK
|Value of Consignment||Customer to declare value to Carrier||Additional Fee Payable by Customer||Maximum Total Liability of Carrier in respect of Consignment|
|Less than £100||No||No||£100|
|More than £100 but less than £1,000||Yes||No||£1,000|
|Over £1,000||Yes||Yes: to be advised to customer at the time of Booking||To be advised to customer at the time of Booking|
Table 2: Account Bookings – for Same Day Deliveries within the UK
|Value of Consignment||Customer to declare value to Carrier||Additional Fee Payable by Customer||Maximum Total Liability of Carrier in respect of Consignment|
|Less than £1,000||No||No||£1,000|
|More than £1,000 but less than £10,000||Yes||No||£10,000|
|Over £10,000||Yes||Yes: to be advised to customer at the time of Booking||To be advised to customer at the time of Booking
Table 3: All Bookings – Overnight Deliveries and International Deliveries
|Value of Consignment||Customer to declare value to Carrier||Additional Fee Payable by Customer||Maximum Total Liability of Carrier in respect of Consignment|
|Less than £100||No||No||£100|
|More than £100||Yes||Yes: 2% of the value of the Consignment (subject to a minimum charge of £20)||To be advised to customer at the time of Booking|
10.6 The Carrier will not be liable to the customer for the carriage of Excluded Goods unless: (i) the customer notifies the Carrier in advance that the Consignment contains in whole or in part Excluded Goods pursuant to clause 3.8 above; and (ii) the Carrier decides (at its sole discretion) to accept the carriage of such Excluded Goods. If the Carrier agrees to accept the carriage of the Excluded Goods (at such additional fee as the Carrier may determine and which the customer shall agree to pay), the Carrier’s liability in respect of the same day delivery of the Excluded Goods shall be as set out in Tables 1and 2 above, and shall be as set out in Table 3 of for any overnight deliveries (whether within the UK or otherwise), or for any international deliveries of such Excluded Goods.
Storage of Consignments
10.7 For any Consignments stored by the Carrier at its premises, the total liability of the Carrier for any loss of or damage to such Consignment shall not exceed the sum of one thousand pounds sterling (£1,000), unless the declared value of the Consignment exceeds such sum and the Carrier has subsequently agreed in writing to a higher limitation on its liability.
Further Exclusions on Carrier’s Liability
10.8 The Carrier shall not be held responsible for any event beyond the reasonable control of the Carrier, which prevents it from performing its obligations under the relevant contract including, but not limited to:
10.8.1 acts, omissions or misrepresentations by the customer, owner of the Consignment, Consignee or independent contractor or any failure of the foregoing to package and/or label the Consignment correctly pursuant to clause 4.1. The customer acknowledges and agrees that in such circumstances the Carrier shall not be liable for any loss of or damage to the Consignment that arises out of or in connection with a failure to package and/or label it correctly;
10.8.2 natural deterioration or fragility of the Consignment (notwithstanding that it may be marked “Fragile”); and/or
10.8.3 any unforeseen circumstances or causes beyond the Carrier’s reasonable control, including but not limited to, act of God, war, riot, malicious damage, compliance with any law or government emergency procedure, accident, fire, flood, storm or industrial dispute, insufficient or improper packing, labelling or addressing, unless it is previously agreed in writing that the Carrier shall perform such task; or
10.8.4 any accepted marine risk.
10.9 The customer shall provide to the Carrier written proof of the value of any Consignment damaged or lost and the Carrier shall be entitled to inspect the damaged Consignment.
- WEBSITE AND APP
11.1 The information provided on the Website and/or the App has not been written to meet specific customer requirements and it is the sole responsibility of the customer to satisfy itself that any Booking made Online or via the App will be suitable for its requirements. All express or implied warranties in relation to the Website and/or the App are hereby excluded to the fullest extent permitted by law.
11.2 Whilst the Carrier makes all reasonable attempts to exclude viruses from the Website and/or the App, it cannot ensure that the Website or the App will be virus free. The customer acknowledges and agrees that any use of the Website or App by the customer shall be at its own risk.
11.3 customers have no rights in or to the Website or the App and all rights in and to the Website and the App, including any underlying software and computer codes, are exclusively owned by the Us or licensed to Us by a third party supplier.
11.4 The Website and App are intended for use by the residents in the UK only, in respect of their activities within the UK.
- PARCEL TRACKING
12.1 The Carrier may from time to time offer to customers without charge, access to and use of a web-based application that allows users to scan, log and track movements of their Consignments. The Carrier reserves the right to charge customers for access to and use of the App at any time at a rate determined by the Carrier in its sole discretion.
12.2 The Carrier may temporarily or permanently suspend a customer’s access to the App at any time and for any reason, including, without limitation, where a customer fails to pay for or notifies the Carrier that it is not prepared to pay for access to and use of the App, following any notification by the Carrier that it will charge the customer for the same.
12.3 Whilst the Carrier makes all reasonable attempts to exclude viruses from the App or its Booking Portal, it cannot ensure that either will be guaranteed virus free. The customer acknowledges and agrees that any use of the tracking App by the customer shall be at its own risk.
12.3 customers have no rights in or to the tracking App, and all rights in and to it, including any underlying software and computer codes, are exclusively owned by the Carrier or licensed to the Carrier by a third party supplier. Access to and use of such tracking App is provided on an “as is” basis and the customer acknowledges and agrees that, subject to clause 10, the Carrier shall accept no liability arising out of or in connection with the customer’s use of it. All express or implied warranties in relation to the App are hereby excluded to the fullest extent permitted by law. The tracking App is intended for use by the residents in the United Kingdom only, in respect of their activities within the UK.
- TIME LIMITS FOR CLAIMS
The Carrier shall not be liable for loss of, misdelivery or damage to any Consignment unless such loss is notified by the Customer, in writing within 7 (seven) days of the end of the transit, and the claim gives details of the value and the circumstances of any loss. A claim for any loss or damage will not be accepted on the consignment note.
- INDEMNITY TO THE CARRIER
14.1 The customer shall indemnify the Carrier against:
14.1.1 all losses 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) as a result of any breach by the customer of these Conditions, fraud, error, omission, or misrepresentation by the customer, owner of the Consignment or Consignee;
14.1.2 all claims and demands made against the Carrier by any third party in excess of the liability of the Carrier under these Conditions;
14.1.3 all losses suffered by and claims made against the Carrier resulting from loss of or damage to property caused by or arising out of the carriage of Dangerous Goods, Excluded Goods and/or the Prohibited Items;
14.1.4 all claims made upon the Carrier by HM Revenue & Customs in respect of dutiable goods consigned in bond whether or not transit has ended or been suspended; and
14.1.5 all claims and demands made against the Carrier as a result of a breach of clause 16.3
- SURVIVAL OF INDIVIDUAL CLAUSES
If any provision of these Conditions is held by any court or competent authority to be invalid or unenforceable in whole or in part, the validity of the remainder of these Conditions and of such provisions shall continue to be in full force and effect.
- OTHER IMPORTANT PROVISIONS
16.1 A person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999, to enforce any term of these Conditions save for those parties to whom the Carrier has subcontracted its obligations under these Conditions, who shall have the right to exercise and enforce all rights granted to the Carrier under them. This does not affect any right or remedy of a third party which exists or is available apart from the Contracts (Rights of Third Parties) Act 1999.
16.2 The Carrier undertakes to comply with any and all provisions of the Data Protection Act 1998 as applicable and where required.
16.3 At no time during the period that the Carrier is undertaking the Booking for the customer is the customer permitted to supervise, direct or control the manner in which any of the Carrier’s employees or sub-contractors undertake the service, unless an express agreement is reached in writing by Us.
16.4 During the continuance of the business relationship with the Carrier, and for a period of 1 year (one year), immediately following the last Booking placed by the customer, the customer shall not directly or indirectly, solicit or offer employment or any other form of contract for services to any of the Carrier’s employees or subcontractors, who were directly involved in the performance of a contract of carriage during the 12 (twelve) months immediately preceding the last Booking placed by the customer.
16.5 The payment terms and charges paid to the Carrier are confidential, and the customer shall take all reasonable steps to ensure that such terms remain confidential. The customer may not disclose the terms or make any public announcement about the relationship the parties have entered into without the prior written agreement of the Carrier, save for any disclosure required by court order or by a statutory or regulatory body with power to order such disclosure.
16.6 Any notice or other communication to be given under or in connection with this Agreement:
16.7 by a customer to the Carrier, shall be given in writing and sent by first-class post to the Carrier’s registered address and/or by email to firstname.lastname@example.org and
16.8 by the Carrier to a customer, shall be given in writing and sent by first-class post and/or by e-mail to the postal address and/or the e-mail address provided by the customer to the Carrier during the Booking process, or such other postal or e-mail address as either party may substitute by written notice to the other. A notice shall be deemed delivered 2 working days after the date of posting in the United Kingdom and 24 (twenty four) hours after transmission by email.
16.9 Carrier shall be entitled to subcontract in whole or in part the performance of any or all of its obligations under these Conditions. The customer shall not assign, novate, subcontract or otherwise dispose of, or deal with, any or all of its rights and obligations under these Conditions without the prior written consent of the Carrier.
17.0 The waiver of either party of any breach of these Conditions will not prevent the subsequent enforcement of that term and will not be deemed a waiver of any subsequent breach.
17.1 These Conditions and any documents referred to herein, constitute the entire agreement between the Carrier and customer and supersede all prior agreements, representations and understandings relating to the subject matter of the Contract. The customer represents and undertakes that in entering into a Contract in accordance with these Conditions the customer does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or undertaking (whether negligently or innocently made) of any person other than as expressly set out in these Conditions. Nothing in these Conditions shall limit either party’s liability in respect of fraudulent misrepresentation. The Customer acknowledges and hereby warrants, that they have full capacity to enter into any subsequent contract with the Carrier.
17.2 These Conditions (and any non-contractual claims) shall be subject to and construed in accordance only with the laws of England & Wales, and the parties submit themselves solely to the exclusive jurisdiction of the courts of England & Wales.
18.0 We reserve the right to update these Terms & Conditions at any time. Date of last update being 23rd February 2015.
VARIATIONS TO THESE CONDITIONS WHERE THE CUSTOMER IS A CONSUMER
1.0 Where a customer contracts with the Carrier as a consumer in a private non-commercial capacity, the Conditions shall be varied on the following terms:
2.0 Clause 3.4: the words “For a full list of any additional charges, please contact email@example.com ” shall be added to the end of the clause;
3.0 Clause 10.3: Shall be replaced with the following:
“The Carrier shall not be liable to the customer, whether in contract, tort or by statute, for loss of income or revenue, loss of business, loss of profit, or loss of anticipated savings, howsoever caused”;
4.0 Clause 16.4: Shall not apply and shall not form part of the Contract between the customer and Carrier; and
5.0 Clause 17.2: The words “exclusive jurisdiction” shall be replaced with the words “non-exclusive jurisdiction”.
6.0 Save as expressly varied in accordance with this Appendix 1, the Conditions and the terms of the Contract between the customer and Carrier as outlined in these Terms & Conditions, shall remain unamended.