Terms of use of deliveryquotecompare.com website
TERMS OF USE OF deliveryquotecompare.com WEBSITE:
In these TERMS OF USE the following words and expressions shall have the following meanings:
"Account" means a designated account allocated by Us to each Member for the payment and receipt of Fees;
"Agreement" means the acceptance of the Conditions by a Member;
"Cancellation" means the cancellation (including written reasons) of a Job either by the User or by a Successful Transport Provider after a bid was accepted but before any work on the Job commenced;
"Cancellation Request" means the seeking to retrieve by either a User or a Successful Transport Provider of any Fees after Cancellation;
"Conditions" means all conditions applicable to a person accessing and using the Site as set out in the General Conditions and the Supplemental Conditions;
"Fee(s)" means the success fee(s) charged pursuant to condition 5 of the Supplemental Conditions;
"General Conditions" means those conditions set out in Part 1;
"Job" means the transportation request posted by a Member on the Site;
"Member" means a person who has registered (and "Membership" means the status of being a Member);
"Registration" or "Register" means setting up a membership account having agreed to the Conditions;
"Services" means the transportation/shipping services provided by a Transport Provider to a User;
"Site" means deliveryquotecompare.com;
"Successful Transport Providers" means those Transport Providers who have secured a Transaction;
"Supplemental Conditions" means those conditions set out in Part 2;
"Transaction" means the agreement entered into between a Transport Provider and a User for the performance of a Job;
"Transport Provider" means a Member who has submitted a quotation/tender in respect of a Job;
"User" means a Member who has posted a Job on the Site;
"We" or "Us" means Delivery Quote Compare Limited.
REQUIRED INFORMATION
deliveryquotecompare.com is a site owned and operated by Us, a company which is registered in England and Wales with company number 06850521 whose registered office is at The Old Shippon, Moseley Hall Farm, Chelford Road Knutsford, Cheshire WA16 8RB. We can be contacted by post as aforesaid and by email to customerservices@deliveryquotecompare.com
The Site is an online marketplace which enables a User and a Transport Provider to enter into a Transaction.
The General Conditions and the Supplemental Conditions of these TERMS OF USE (together with the documents referred to within) set out the terms and conditions on which We will provide our services to you.
Registration is not required to access most areas of the Site in which case only the General Conditions will apply to you. Certain areas of the Site are only open to you if you are a Member and Registration requires you to confirm expressly that you have read and accept the Supplemental Conditions as well as the General Conditions.
The Conditions apply to the access to and use of the Site, and to any communication between you and Us. Please read these terms carefully before using the Site. Using the Site indicates that you accept the General Conditions regardless of whether or not you choose to become a Member.
These TERMS OF USE including the Conditions are subject to amendment by Us at any time by updating this posting. The current version of the TERMS OF USE and the Conditions will always be displayed on the Site and you should refer to them regularly because they are binding on you. Certain provisions in the Conditions may be superseded by expressly designated legal notices located on particular pages of the Site.
Any rights not expressly granted in these terms are reserved by Us for our exclusive benefit.
PART 1
General conditions
1. WEBSITE AVAILABILITY
1.1 We shall not be liable if, for any reason, the Site is unavailable at any time or for any period.
1.2 Access to the Site may be suspended temporarily and without notice in the case of a system failure, maintenance, modification or repair or for any reasons beyond our control.
2. CONTENT
2.1 We do not warrant the accuracy or completeness of the content of the Site or that the material on the Site is up to date or that the Site will be free of defects or viruses. We may make changes to the content of the Site at any time and without notice.
2.2 You agree to use this Site in good faith and are prohibited from using, uploading or transmitting to or from the Site any material:
2.2.1 that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
2.2.2 for which you have not obtained all necessary licences and/or approvals;
2.2.3 which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, is otherwise unlawful or infringes the rights of any third party, in any country in the world; or
2.3.4 which is technically harmful (including, without limitation, computer viruses, macro viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) or designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
2.4 You may not misuse the Site or cause the Site to be interrupted, damaged, rendered less efficient, such that the effectiveness or functionality of the Site is impaired.
2.5 We will co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of, or locate, anyone uploading any material in breach of this condition 2.
3 LICENCE TERMS
3.1 The Site, its design and construction any materials on it and other intellectual property are owned wholly and exclusively by Us.
3.2 You agree not to copy, reproduce, store (in any medium or format), distribute, transmit, modify, decompile, disassemble, reverse engineer all or any part of the Site, the software or the materials on it.
4 DISCLAIMER
4.1 To the extent permitted by law we hereby exclude:
4.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
4.1.2 any liability for any direct, indirect or consequential loss or damage incurred by any person in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for reasonably foreseeable losses or unforeseen loss.
4.2 Our maximum liability shall be limited in any event to £10,000..
4.3 This does not affect our liability for death or personal injury arising from our negligence nor any other liability which cannot be excluded or limited under applicable law.
5 PRIVACY
By you providing personal details to Us you are authorising Us to disclose relevant information to other Members in accordance with our privacy policy which is separately contained on the Site.
6 TERMINATION
6.1 We reserve the right to terminate your access to the Site without prior notice where you are:
6.1.1 proven to be insolvent;
6.1.2 in our opinion acting in breach of the Conditions.
7 WEBSITE LINKS
We may provide links from this Site to websites that are owned and/or controlled by third parties. These links are provided only for your convenience and We have no control over and will accept no liability in respect of those websites.
8 GENERAL
8.1 We give no warranty that any or all of the content of this Site may be lawfully viewed or downloaded outside England and Wales. You will be responsible for compliance with local laws if and to the extent local laws are applicable.
8.2 No delay or decision not to enforce our rights in respect of one or more provisions of these Conditions shall not constitute a waiver of any other provision of these Conditions and will not affect rights in respect of any subsequent breach.
8.3 Nothing in the Conditions is intended to nor shall it confer a benefit on any third party under the Contracts (Rights of Third Parties) Act 1999 and a party who is not a party to the Conditions has no rights to enforce them.
8.4 The Conditions constitute the entire agreement between ourselves as to your use of the Site and shall supersede any prior agreement or representation in respect thereof.
8.5 Any and all notices to be given by either one of us to the other pursuant to or in connection with the Conditions shall be deemed sufficiently given when forwarded by e-mail addressed to you at any e-mail address you have given us or to us at the e-mail address displayed at the start of these General Conditions
8.6 The Conditions are governed by the laws of England and Wales and each of us agrees to submit to the exclusive jurisdiction of the English courts.
PART 2
SUPPLEMENTAL CONDITIONS
(Members only)
These terms and conditions are supplemental to the General Conditions.
1 REGISTRATION
1.1 You warrant that the name, address, and company details and any other information that you provide when you Register are accurate. You further warrant that you have the capacity and authority to undertake this Agreement.
1.2 Your Membership is non transferable.
1.3 Responsibility for the security of your user name and passwords rests with you and you are responsible for all actions taken under that user name and password. You shall only use the Site under your own user name and password.
2 THE SERVICES
2.1 The Site acts as a channel through which Transport Providers and Users can meet and enter into negotiations with a view to entering into Transactions. We are in no way involved in the actual Transaction. We have no, and assume no, control over the quality, safety, or legal aspects of the Jobs which are entered on the Site, the quotes or tenders that a Transport Provider makes and/or Transactions that take place through the Site.
2.2 If you are a Transport Provider you hereby agree that the Site is for the provision of the Services only and that work that you provide will only involve the provision of the Services. You agree that you will not use your Membership as a means to market or sell any goods products or other services unrelated to the Job. You further agree that you will not knowingly supply the Services to a Member for a period of twelve months after a Transaction has been concluded without paying our Fee for the Services that you provide. Such Fees are to be paid into your Transport Provider account within 7 days of receipt of payment by you from the Member and are to be calculated in accordance with condition 6.
2.3 It is the responsibility of the User to select whether to proceed by way of reverse auction or tender and thereafter to select a suitable Transport Provider for the provision of the Job and the responsibility of the User and the Transport Provider to negotiate the terms of the Transaction.
3 DISCLAIMER
3.1 No third party shall accrue any rights in relation to a Transaction. Your contract in connection with a Transaction will be with the other Member and, as a result, we can give no commitments of any nature about the other Member (whether User, Transport Provider or Successful Transport Provider) or the Job, whether as to quality, quantity, delivery or price.
3.2 We assume no responsibility for claims made by Transport Providers with respect to their licenses, insurance, registration, membership or trade association or indeed any other claim made at any point during the Transaction or bidding process. We operate purely as a neutral channel through which Transport Providers and Users may agree on a price for a Job.
4 MOVEMENT OF GOODS
4.1 Certain goods may not be transported due to their hazardous, dangerous or illegal nature. A Member should not post Jobs in respect of such items without fully disclosing their exact nature. If you are unsure of the legality of your shipment do not post the Job.
4.2 Full responsibility for compliance with all laws and regulations that relate to the transportation of hazardous and restricted goods rests with the parties to the Transaction.
4.3 No representation is made or warranty given as to the content or usability of any directions or their appropriateness for any particular journey or vehicle given by Us or through any third party link. We assume no responsibility for any loss, damage, or delay howsoever resulting from use of the same.
5 SUCCESS FEE
5.1 We charge the Fee to Successful Transport Providers. A Transaction will be considered to be secured if after quoting or tendering for a Job and being subsequently contacted by a User via the Site a Transport Provider is paid the Fee by the User.
5.2 As a Transport Provider there are no registration fees; subscription fees; lead fees or quote fees. Instead we charge a Success Fee which is equal to either a percentage of the transportation costs agreed, or a minimum fee (whichever is greater) calculated as follows:
| Bid / Quote Amount | Tiered Success Fee |
|---|---|
| £0.00 - £35.00 | £5.00 + VAT |
| £35.00 - £150.00 | 9.9% of the accepted price up to £150.00 + VAT, with a minimum fee of £6.50 + VAT |
| £150.00 - £300.00 | 7.9% of the balance between £150.00 & £300.00 + VAT, plus 9.9% of the initial £150.00 + VAT |
| £300.00 - £600.00 | 6.9% of the balance between £300.00 & £600.00 + VAT, plus 7.9% of the balance between £150.00 & £300.00 + VAT, plus 9.9% of the initial £150.00 + VAT |
| £600.00 - £1000.00 | 5.9% of the balance between £600.00 & £1000.00 + VAT, plus 6.9% of the balance between £300.00 & £600.00 + VAT, plus 9.9% of the balance between £150.00 & £300.00 + VAT, plus 9.9% of the initial £150.00 + VAT |
| £1000.00 + | 1.9% of the remaining balance over £1000.00 + VAT, plus 5.9% of the balance between £600.00 & £1000.00 + VAT, plus 6.9% of the balance between £300.00 & £600.00 + VAT, plus 9.9% of the balance between £150.00 & £300.00 + VAT, plus 9.9% of the initial £150.00 + VAT |
Anything up to £35.00 is a fixed price of £5.00 + VAT
Anything between £35.01 and £150.00 is based on a minimum of 9.9% of the fee amount with a minimum of £6.50 + VAT.
5.3 The incurring of the Fee is independent of the actual performance of the Transaction. Subject to condition 6, the obligation to pay the Fee therefore still applies if a Job is placed via the Site but is not subsequently carried out and/or the Transaction is later terminated. The Fee may be waived at our absolute discretion.
5.4 The site is free to use for Users. When you accept a quote/tender, a deposit fee is payable. The fee amount is deducted from the total value of the accepted bid. The balance of payment is made directly to the Transport Provider according to the terms agreed between both parties.
5.5 If you are a Transport Provider you are responsible for collecting and remitting any and all VAT associated with a Transaction. Your quote/tender amount for the Job is inclusive of VAT. You shall not submit a quote/tender amount excluding VAT and then charge VAT on top of your bid price once your bid has been accepted.
5.6 We reserve the right to change the basis for the calculation of the Fee at our discretion. We will notify Members on the Site before effecting any change.
6 CANCELLATIONS
6.1 Users and Successful Transport Providers will negotiate directly once there has been a successful bid. Either party can make a Cancellation Request at any time prior to performance. When you make a Cancellation Request the other party to the proposed Transaction will be notified and will have 48 hours to respond by either accepting the Cancellation Request or rejecting the Cancellation Request and requesting review by Us
6.2 If the Cancellation Request is accepted by the other party the Job can either be relisted or deleted by the Member. If the request is rejected by the other party We will make a decision on whether to approve or not to approve the Cancellation Request. Our decision is final. Any party who does not comply with our decision may have their Membership terminated. Each party may provide feedback on the nature of the reason for Cancellation.
6.3 If the other party does not respond to a Cancellation Request within the 48 hour period, the Cancellation Request will automatically be accepted. The Fee may be refunded at our sole discretion.
7 FEEDBACK
7.1 We use feedback evaluations from Members on each other's performance in the course of the Transaction to monitor compliance with the Conditions in the fulfilment or otherwise of a Transaction. Members can then base their decision to transact with a particular Member on historical evidence. We do not guarantee the accuracy of any feedback.
7.2 A rating of positive, neutral or negative along with a general comment can be left on the performance of a Member. An overall feedback score for a particular Member is the mean of the ratings that he or she has received.
7.3 You accept that Members will leave feedback about you and that your overall feedback rating will be calculated in accordance with condition 7.2. You agree that you will not use any feedback received on the Site on any venue or website that is not the Site. We do not review feedback and you acknowledge that We are in no way liable for the content of any feedback about you.
8 ERROR REPORTING
Certain parts of the Site have a facility which enables Members and visitors to identify errors in the text and possible breaches of the Conditions. Where the facility is available the text can be marked which will result in a review being undertaken by Us. Following review we will make amendments where necessary and/or notify Members of any breach of the Conditions asking for the same to be remedied. Our decision is final and we reserve the right to terminate the Membership of any Member who fails to comply.
9 TERMINATION OF MEMBERSHIP
9.1 In addition to the express reservations contained in conditions 6.2 and 8 We reserve the right to reject your Registration or cancel your Membership at any time and for any reason or for no reason and without notice to you.
9.2 The reason (if any) for termination may be published on the Site or communicated to specific Members at our sole discretion.
10. GENERAL
10.1 You agree to indemnify Us from and against any and all liabilities, fees, expenses and damages arising out of claims based upon or relating to your use of the Site or in respect of a Transaction, including any claim of violation of rights of privacy, publicity, loss of service, incorrect information, libel, defamation, non-supply, fraud, infringement of intellectual property or other rights or any other claims whatsoever.
10.2 If any of the Conditions or part thereof is judged to be illegal or unenforceable, the remainder shall continue in full force and the effect of the remainder of them will not be deemed to be prejudiced.
PALLET DELIVERY TERMS & CONDITIONS
Delivery Quote Compare ("the Company") accepts goods for carriage and agrees to perform other services subject to the Conditions of Contract set out below.
1.0 Definitions
In these conditions (the "Conditions"):-
1.1. "Consignment" means goods on one or more pallets sent in one load from an address to another address, by or for the same Customer;
1.2. "Contract" means the contract for the provision of the Services between the Company and the Customer incorporating these Conditions;
1.3. "Customer" means any person entering into a Contract with the Company for the carriage or storage of a Consignment or Consignments using the Company's Services;
1.4. "Dangerous Goods" means goods included in the list of Dangerous Goods as defined in the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984, the Classification and Labelling of Explosives Regulations 1983, the Radioactive Substances (Carriage by Road) (Great Britain) Regulations 1974, the Packaging of Explosives for Carriage Regulations 1991, the Carriage and Explosives by Road Regulations 1996 including any other relevant legislation or regulations together with any amendments thereto, or means goods which present a comparable hazard;
1.5. "International Services" means Contracts falling within Article 1 of the Convention on the Contract for the International Carriage of Goods by Road ("CMR") May 1956 Geneva as set out in the Schedule to the Carriage of Goods by Road Act 1965
1.6. "Pallet" means a wooden or plastic board used for storing goods in bulk or multiple smaller items with a maximum weight of :-.
1.6.1. 250 kgs per quarter pallet;
1.6.2. 500 kgs per half pallet;
1.6.3. 1000 kgs per full pallet.
1.7. "Services" means the transportation of a Consignment or Consignments as agreed between the Company and the Customer, the storage of goods by the Company, or the provision of other services as agreed by the Company and the Customer
1.8. "Transit" is the time between collection and delivery, commencing when the Company takes possession of the Consignment at either a pre-arranged collection point or at the Company's premises and is subject to Condition 8, and terminating upon delivery of the Consignment at the specified delivery address within the customary delivery hours of the District.
2.0 Agreement
The Company agrees, subject to the Customer's observance at all times of these Conditions, to provide the Services.
3.0 Parties and Sub-contracting
3.1 The Company reserves the right to appoint agents or sub-contractors to perform the Services completely or in part, and the Company enters into the Contract for itself and on behalf of those agents and/or sub-contractors.
3.2 The Customer shall be deemed for all intents and purposes to be the agent of the owner or other interested party if entering into the Contract in relation to any Consignment which is not the Customer's own property, and to have the authority of the owner or other interested party to enter into the Contract.
3.3 As a fully authorised agent of the Customer, the carriage of Consignments by rail, sea, inland waterway or air is arranged by the Company and shall be subject to the conditions of said rail, shipping, inland waterway or air carrier.
3.4 The delivery of Consignments by the Company to a freight forwarder to facilitate onward carriage by rail, sea, inland waterway or air is arranged by the Company as a fully authorised agent of the Customer and shall be subject to the conditions of the freight forwarder contracted to carry the Consignment for the Customer.
4.0 Despatch and Receipt of Consignments
4.1 The Customer must ensure that every Consignment & part Consignment is addressed & labelled in accordance with the Company's requirements.
4.2 If required, the Customer may sign a document prepared by the Consignor acknowledging receipt of the Consignment, but no such document shall be evidence of the condition or correctness of the declared nature, quantity or weight of the Consignment at the time it is received by the Company.
5.0 Loading and Unloading
5.1 Unless a Director of the Company agrees otherwise in writing:-
5.1.1 The Company shall be under no obligation to provide any plant, labour or power for loading or unloading upon collection or delivery at a sender's or consignee's premises;
5.1.2 Other than under supervision, the Company's servants and/or employees have no authority to provide assistance in the loading and unloading at the usual place of collection or delivery;
5.1.3 Consignments requiring special appliances for unloading are accepted for carriage or storage only on the condition that the Customer has duly ascertained that such appliances are available at destination.
5.2 The Company shall be under no liability whatsoever for any damage to the Consignment in relation to the loading and unloading of said Consignment howsoever caused, save and insofar as that damage is caused by the negligence of the Company or its employeesduring transit.
6.0 Undelivered or Unclaimed Goods
6.1 Where for any reason whatsoever the Company is unable to convey the Consignment to the address to which it is consigned, or to effect delivery at the said address:
6.1.1 The Company shall endeavour to contact the Customer and request a new address to which the Consignment can be delivered within the country in which the Consignment is currently held
6.1.2 Should the Company be unable to contact the Customer, or is not provided with a new address for delivery by the Customer within a reasonable time, the Company shall be entitled to dispose of the goods in the manner described in Condition 10.2. Prior to any sale, disposal or destruction in accordance with Condition 10.2 the goods shall be held solely at the risk of the Customer
7.0 Dangerous Goods
7.1 The Company shall not accept Dangerous Goods for carriage or storage unless:-
7.1.1 a Director of the Company agrees in writing to accept them; and
7.1.2 the goods are classified,packaged and labelled in accordance with the statutoryregulations for the carriage or storage of such goods.
7.2 The Customer shall indemnify the Company against all actions, claims, demands, losses, costs and expenses arising as a result of a breach of this Condition by the Customer, its servants or agents
8.0 Transit
8.1 Transit shall be deemed to end when:-
8.1.1 the Consignment is held by the Company at a location other than the consigned delivery address at the request of, or for the convenience of, the Customer; or
8.1.2 the Customer or Consignee refuses or is unable to take delivery at the specified delivery address; or
8.1.3 the goods are detained for Customs purposes; or
8.1.4 in the case of goods held by the Company awaiting collection, the Consignment is not called for or removed within a reasonable time.
9.0 Payment and Pricing
9.1 Payment of the Company's charges for Services rendered is due 30 days from the date of the Company's invoice. The charges shall be paid without prior demand and no payment shall be considered made until it is received by the Company.
9.2 A claim, counterclaim or a set off shall not be the reason for deferring or withholding payment of monies otherwise due to the Company.
9.3 The Company's charges are exclusive of Value Added Tax, which will be paid by the Customer at the rate and in the manner for the time being prescribed by law.
9.4 If full payment is not made by the due date the Company shall be entitled to charge interest on the outstanding amount at a rate of 4% above HSBC Plc's Base Rate and will accrue daily until payment is received.
9.5 The Company shall be entitled to increase the Company's charges at any time and from time to time by giving to the Customer not less than fourteen days prior written notice.
9.6 Unless otherwise stated in the quotation, the Company shall be entitled to impose a surcharge should the length and width of the pallet exceed the maximum of 100cm x 120cm, or should the height of the Pallet exceed:-
9.6.1: 60cm in the case of a quarter pallet;
9.6.2: 90cm in the case of a half pallet; and
9.6.3: 180cm in the case of a full pallet.
9.7 The Company reserves the right to charge the Customer £5 for supplying any document proving delivery of any Consignment.
9.8 Where a Consignment is not ready for collection at the place and time agreed the Company shall be entitled to cancel the collection and claim payment for the Consignment as if collection had been completed.
9.9 The Customer shall be liable for any costs incurred by the Company as a consequence of the Customer's unreasonable detention of vehicles, containers, sheets, pallets and similar equipment but the Company's rights against any other person shall remain unaffected.
9.10 Cancellation and Refund Policy: Refunds are at the sole discretion of the Company. Cancellation of any orders placed can be made at any time up until the Consignment has been collected. Any costs incurred as a result of a cancelled order will be passed on to the Customer and shall be deducted from the refunded amount.
10.0 Lien
10.1 The Company shall have a lien on all goods carried for the Customer for any amount due to the Company whether pursuant to the Contract or otherwise and for the cost of recovering the same.
10.2 If the amounts owing to the Company in respect of which it has a lien are not satisfied within a reasonable time of the commencement of Transit, the Company shall be at full liberty to:-
10.2.1 sell the goods privately or by auction and apply the proceeds of any such sale in or towards any monies owed to the Company and the expense of the sale. The Company shall account to the Customer for the balance remaining if any; or
10.2.2 destroy the goods if any sale under Condition 10.2.1 is deemed impractical in the opinion of the Company due to the value or saleability of the goods in question, or otherwise;
Such sale or destruction shall be a full discharge of any liability of the Company in respect of the goods.
11.0 Liability
Subject to these Conditions the Company shall be liable for:-
11.1 Loss of or physical damage to any part of a Consignment occurring during Transit unless the Company can prove that such loss or damage has arisen from:-
11.1.1 an Act of God;
11.1.2 any consequence of war, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, insurrection, invasion, military or usurped power or confiscation, requisition, destruction of or damage to property by or under the order of any government or public or local authority, restraint of prices (including administrative or governmental action);
11.1.3 lightning or explosion;
11.1.4 seizure under legal process;
11.1.5 an omission, act or default of any nature by the Customer, agents or servants, or of any person having an interest in the Consignment;
11.1.6 inherent liability due to wastage in bulk or weight, latent defect or inherent defect, vice or natural deterioration of the goods or the materials in which they are packed;
11.1.7 insufficient or improper packing;
11.1.8 insufficient or improper labelling and/or addressing;
11.1.9 riot, strikes, civil commotion, lockouts, stoppages or restraint of trade or labour from whatsoever cause;
11.1.10 the failure of the consignee to accept or take delivery of the Consignment within two clear days of notice being given by the Company to the Customer or consignee of the availability of the goods for delivery.
11.2 For the avoidance of doubt the Company shall have no liability in respect of a Consignment:-
11.2.1 where Transit has ended or has been deemed to have ended;
11.2.2 where fraud has been committed on the part of the Customer.
12.0 Limits of Liability
12.1 The Company has no knowledge of the value of the Consignment and will only make payment, or proportionate payment, in accordance with this Condition after satisfactory proof of value has been provided by the Customer.
12.2 Subject to 12.4, 12.5, 12.6 below, the liability of the Company in respect of the loss of or physical damage to any one Consignment (howsoever caused) shall not exceed either:-
12.2.1 £1300 per tonne and pro rata for any part of a tonne; or
12.2.2 the value of the Consignment at the time and place when accepted for carriage or storage; or
12.2.3 whichever shall be the lesser sum.
12.3 For all international services where carriage is by road the liability of the Companyshall be governed by CMR.
12.4 Save where the Company has agreed to undertake international services on behalfof the Customer and CMR applies, the Company shall be under no liability wherever to whomsoever and howsoever arising:-
12.4.1 in respect of the carriage of goods by rail, sea, inland waterway or air which shall be subject to the conditions of the rail, sea, inland waterway or air carrier contracted to carry the Consignment;
12.4.2 in respect of goods which have been delivered to a freight forwarder to facilitate onward carriage by rail, sea, inland waterway or air which shall be the subject to the conditions of the freight forwarder contracted to carry the Consignment,any loss or damage or delay shall be deemed to have occurred whilst the Consignment was being carried by road unless otherwise proven should the goods have been carried partly by land and partly by road and partly by such other means of transport. No additional cover for Dangerous Goods will be accepted except with the prior written agreement of a Director of the Company.
12.5 If only part of a Consignment suffers from loss or physical damage as aforesaid (howsoever caused) the liability of the Company shall be limited to that proportion of the sum calculated by reference to Condition 12.2 which the actual value of such part at the time and place of acceptance for carriage bears to the value of the whole Consignment.
12.6 Notwithstanding anything else contained in the Contract or these Conditions (unless required under CMR) the Company shall not in any case be liable to the Customer for loss of profits or contracts or other indirect or consequential loss whether arising from negligence, breach of contract or howsoever.
13.0 Claims Notification
13.1 The Customer must notify the Company of any damage to the whole or any part of a Consignment, or physical loss, mis-delivery or non-delivery of part of a Consignment within 7 daysafter the date of delivery, with written confirmation of the claim within a further 14 days. Any claim in respect of the non-delivery of the whole of the consignment must be submitted within 28 days of dispatch. The Company shall not have the benefit of the exclusion of liability afforded by this condition provided the Customer proves that:-
i) it was not reasonably possible for the Customer to advise the Companyor make a claim in writing within the time limit applicable, and
ii) such advice or claim was given or made within a reasonable time.
13.2 The Company shall in any event have no liability whatsoever in respect of loss, damage, mis-delivery or non-delivery referred to in 13.1 unless proceedings are commenced by the Customer within one year of the date of transit.
14.0 Extension of Protection to Sub-contractors, Employees and Agents
The Customer agrees that whilst the Company's sub-contractors, servants and agents perform the Services in the course of their appointment or employment, they will not incur any separate responsibility or liability whatsoever for any loss of or damage to goods or any other loss or damage suffered by the Customer or any third party howsoever such loss or damage shall have been occasioned, and such persons performing the Services in the course of their appointment or employment shall be entitled to the protection of all the limitations, exclusions, qualifications and defences that are available to the Company under these Conditions.
15.0 Customer's Indemnity
15.1 The Customer shall indemnify and keep the Company indemnified against:-
15.1.1 all loss, expenses, damage, claims, costs or demands howsoever arising including but not limited to the negligence of the Company in respect of any damage or loss of every naturebeyond the liability of the Company under these Conditions.
15.1.2 any duty, tax or levy paid by the Company on behalf of the Customer, the consigneeor the consignor.
15.1.3 any liability arising under Section 30(10) of the VAT Act 1994 (or any analogous provision in any other jurisdiction) or any statutory modification or re-enactment thereof in respect of a failure to export zero rated goods or to comply with any conditions in relation to zero rated goods intended to be exported.
15.1.4 all claims made upon the Company by HM Customs and Excise in respect of dutiable goods consigned in Bond whether or not Transit has ended or has been deemed to have ended.
15.1.5 all losses suffered by and claims made against the Company resulting from loss of or damage to property caused by or arising out of the carriage by the Company of Dangerous Goods whether or not declared by the Customer as such
15.1.6 all loss, damage, costs, expenses, claims or demands arising as a result of insufficient or improper packing, labelling or addressing of the goods
16.0 Force Majeure
The Company shall not be liable for any delay in fulfilling its Contract hereunder if such delay is caused by circumstances beyond its control, including without limitation any delay caused by any act or omission of the Customer. In such an event, the Company shall notify the Customer and shall be relieved of its obligations to perform the Services until such circumstances have ceased.
17.0 Severability
If any of these Conditions, in part or full, is held to be illegal or unenforceable for any reason, the rest of the Conditions and the remainder of the provision in question shall remain in full force and effect.
18.0 General
18.1 Any variation of the Contract and these Conditions shall only be effective and bindingupon the Company if it is in writing and signed by a Director of the Company.
18.2 The Company is not a common carrier and will accept goods for carriage only on these Conditions
18.3 The Company shall be entitled to select the manner and route of carriage.
18.4 The decision as to what constitutes a "reasonable time" under these Conditions is entirely at the discretion of the Company.
18.5 All notices relating to a Consignment or which are required to be given hereunder shall be in writing and shall be sent to the address of the recipient set out in this Agreement or such other address in [Great Britain] [United Kingdom] as the recipient may designate by notice given in accordance with the provisions of this Condition. Any such notice may be delivered personally, sent by first class pre-paid letter or by facsimile transmission and shall be deemed to have been served if by hand when delivered, if by first class post forty-eight hours after posting and if by facsimile transmission when dispatched
18.6 These Conditions shall apply to any agreement between the Company and the Customer that relates to the carriage of Consignments or the provision of storage or other services. The terms (including these Conditions) agreed between the Company and the Customer as set out in the Company's quotation constitute the entire contract between the Company and the Customer so far as pertains to the carriage of Consignments and the provision of storage and other services, and the Customer shall be deemed to have notice of these conditions if and as soon as he places an order with or accepts a tender from the Company for the carriage and storage of Consignments and other services.
19.0 Interpretation and Jurisdiction
The Contract and these Conditions shall in all respects be subject to and construed in accordance with English law and the parties to the Contract hereby submit to the exclusive jurisdiction of the Courts of England and Wales.
