Terms of use of deliveryquotecompare.com website

MARKETPLACE T&CS

1. DEFINITIONS

1.1 In these terms and conditions, and unless the context requires otherwise, the following definitions will have the meaning set out in this clause 1.1:

"Accepted Quotation" means a quotation provided by a Transport Provider and accepted by a Customer, or the Customer's acceptance of a Book Now Price;

"Agreement" means the agreement between DQC and the Customer on the terms of these terms and conditions;

"Book Now Price" means the facility allowing a Customer to accept a fixed price and make a confirmed booking;

"Booking Fee" means the fee payable by a Customer to DQC following acceptance by the Customer of an Accepted Quotation;

"Customer" means a person (including any corporate body) who uses the Site and/or makes a Request for Quotation and/or accepts a Book Now Price, and "You" and "Your" shall be construed accordingly;

"Delivery" means the delivery carried out by the Transport Provider pursuant to the Delivery Contract;

"Delivery Contract" means the contract entered into between a Customer and a Transport Provider pursuant to which the Transport Provider will deliver the Customer's goods, as more particularly described in the Request for Quotation;

"DQC" means Delivery Quote Compare Limited;

"Parties" means both Customers and Transport Providers and "Party" shall be construed accordingly;

"Quotation" means the quotation provided by a Transport Provider to a Customer following a Request for Quotation;

"Request for Quotation" means the request made by a Customer through the Site and which is responded to by Transport Providers;

"Services" means the services provided by DQC to the Customer, as more particularly described in clause 6;

"Site" means www.deliveryquotecompare.com or such other site as DQC may refer You to from time to time;

"Transport Provider" means a delivery company who fulfils a Delivery Contract;

"VAT" means value added tax at the then prevailing rate;

1.2 A reference to a company shall include any company, corporation or other body corporate, wherever and howsoever incorporated or established.

1.3 Words in the singular shall include the plural and vice versa.

1.4 A reference to one gender shall include a reference to the other genders.

1.5 A reference to any party shall include that party's personal representatives, successors or permitted assigns

2. WEBSITE AVAILABILITY

2.1 DQC shall not be liable if, for any reason, the Site is unavailable at any time or for any period.

2.2 Access to the Site may be temporarily suspended and without notice in the case of a system failure, maintenance, modification or repair or for any reasons beyond DQC's control.

3. CONTENT

3.1 DQC does not warrant the accuracy or completeness of the content of the Site, that the material on the Site is up to date or that the Site will be free of defects or viruses. DQC may make changes to the content of the Site at any time and without notice.

3.2 You agree to use the Site in good faith and are prohibited from using, uploading or transmitting to or from the Site any material:

3.2.1 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;

3.2.2 which You have not obtained all necessary licences and/or approvals to use;

3.2.3 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

3.2.4 which is technologically 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.

3.3 You may not misuse the Site or cause the Site to be interrupted, damaged or rendered less efficient, such that the effectiveness or functionality of the Site is impaired.

3.4 DQC will co-operate fully with any law enforcement authorities or court order requesting or directing DQC to disclose the identity of, or locate, anyone uploading any material in breach of this clause 3.

4. LICENCE TERMS

4.1 The Site, its design and construction, any materials on it and other intellectual property are owned wholly and exclusively by DQC, and shall remain the property of DQC at all time.

4.2 You agree not to copy, reproduce, store (in any medium or format), distribute, transmit, modify, decompile, disassemble or reverse engineer all or any part of the Site, the software or the materials on it.

5. REGISTRATION

5.1 You warrant that the name, address, company details (where relevant) and any other information that You provide when You register are full, accurate and complete in all material respects. You further warrant that You have the capacity and authority to undertake this Agreement.

5.2 Your registration with DQC is personal to You, and You warrant and represent that You will not transfer Your membership to any third party, nor allow any third party to use Your username and password, whether such username and password is provided to You by DQC or otherwise.

5.3 Responsibility for the security of Your username and passwords rests with You and You are responsible for all actions taken under that username and password. You shall only use the Site under Your own username and password.

6. THE SERVICES

6.1 DQC provides an introduction service through the Site which allows Customers and Transport Providers to meet and enter into negotiations with a view to entering into a Delivery Contract.

6.2 The Delivery Contract is personal to the Customer and the Transport Provider, and DQC shall have no involvement in the Delivery Contract, and the Customer hereby expressly agrees and acknowledges that DQC is not a party to the Delivery Contract.

6.3 DQC has no control over the quality, safety, or legal aspects of the Delivery carried out by a Transport Provider following the conclusion of a Delivery Contract, or over quotes that a Transport Provider places through the Site.

6.4 It is Your responsibility to select a suitable Transport Provider for the provision of the Delivery, and it is Your responsibility to accept the terms of a Quotation and to negotiate the terms of the Delivery with Your selected Transport Provider.

7. FEES AND CHARGES

7.1 Upon acceptance of an Accepted Quotation by a Customer, the Customer shall pay to DQC the Booking Fee.

7.2 DQC will charge the Customer a Booking Fee, which is equal to either a percentage of the transportation costs agreed, or a minimum fee.

7.3 The obligation of the Customer to pay the Booking Fee is independent of the performance of the Delivery by the Transport Provider.

7.4 The balance of the Accepted Quotation, being the difference between the value of the Accepted Quotation and the Booking Fee paid by the Customer, is payable directly to the Transport Provider according to the terms of the Delivery Contract. [DQC shall not be responsible for effecting this payment through the Site.]

7.5 All Quotations provided to a Customer by DQC through the Site are inclusive of VAT and, where applicable, any local taxes.

7.6 DQC reserves the right to change the basis for the calculation of the Booking Fee at any time. For the avoidance of doubt, any changes to the calculation of the Booking Fee will not apply to Accepted Quotations accepted by a Customer but where the ensuing Delivery Contract has yet to be performed or entered into.

8. CANCELLATIONS AND REFUNDS

8.1 Customers and/or Transport Providers will negotiate the terms of the Delivery Contract directly once there has been acceptance of an Accepted Quotation by the Customer.

8.2 Notwithstanding the terms of clause 8.1, either party may withdraw from the process prior to the entry into by the Parties of the Delivery Contract.

8.3 Where the Delivery Contract is not concluded, the Customer will be required to notify DQC of the reason for such non-completion ("Confirmation of Cancellation"). The appropriateness or otherwise of the reason for such non-completion will determine whether DQC, acting always in its absolute discretion, makes a refund of the Booking Fee to the Customer. By way of guidance DQC will only consider a refund of the Booking Fee in circumstances where the Transport Provider has been unable or unwilling to agree the terms of the Delivery Contract and subject always to the terms of clauses 8.5 and 8.6. DQC will not consider any claim for refund that is made more than 28 days after the date of the Accepted Quotation.

8.4 Following Confirmation of Cancellation by the Customer pursuant to clause 8.3, DQC will notify the Transport Provider of its receipt of the Confirmation of Cancellation ("Cancellation Notice"). Such notice will only be effective if given on a Monday to Friday inclusive of each week.

8.5 In the event that the Transport Provider has not responded to the Cancellation Notice within 24 hours of notification DQC reserves the right to find an alternative Transport Provider.

8.6 In the event that DQC issues a Cancellation Notice in accordance with clause 8.4, and the Transport Provider disputes the terms of the Cancellation Notice, DQC will mediate between the Parties to resolve any dispute. DQC's decision shall be final and binding on the Parties.

8.7 For the avoidance of doubt, notwithstanding the foregoing provisions of this clause 8, DQC shall be under no obligation to refund the Booking Fee to the Customer following receipt of a Confirmation of Cancellation.

8.8 Where DQC does make a refund of the Booking Fee to the Customer, the Customer shall allow up to seven days for the refund to be received.

8.9 Where a Customer selects a Book Now Price, if no Transport Provider has accepted the Customer's Book Now Price within 24 hours of the time the Customer accepts the Book Now Price, DQC will automatically refund the Customer's Booking Fee.

9. PROHIBITED GOODS

9.1 Certain goods may not be transported due to their hazardous, dangerous or illegal nature ("Prohibited Goods"). The Customer must not post Requests for Quotations in respect of Prohibited Goods without fully disclosing their exact nature. If You are unsure of the legality of Your goods, You must not post a Request for Quotation.

9.2 Full responsibility for compliance with all laws and regulations that relate to the transportation of ProhibitedGoods rests with the Parties to the Delivery Contract.

9.3 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 DQC or through any third party link. DQC assumes no responsibility for any loss, damage, or delay howsoever resulting from the use of, or reliance on, such information.

10. LIMITATION OF LIABILITY

10.1 To the extent permitted by law, DQC hereby excludes:

10.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; or

10.1.2 any liability for any direct, indirect or consequential loss or damage incurred by any person in connection with the provision of the Services or 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 or any indirect or direct losses which may be suffered by the Customer (or any person claiming under or through the Customer), and whether the same arise in contract, tort (including negligence) or otherwise howsoever, which fall within any of the following categories:

10.1.2.1 loss of profits;

10.1.2.2 loss of anticipated savings;

10.1.2.3 loss of business opportunity;

10.1.2.4 loss of goodwill;

10.1.2.5 loss of data;

10.1.3 any loss arising out of a Transport Provider's performance under the Delivery Contract.

10.2 DQC's maximum liability arising out of the performance or non-performance of the Services, or from the Customer's use of the Site, shall be limited in any event to £10,000.

10.3 DQC does not exclude liability for death or personal injury arising from its negligence or for any other liability which cannot be excluded or limited under applicable law.

11. TERMINATION

DQC reserves the right to terminate the Customer's access to the Site without prior notice where the Customer is:

11.1 proven to be insolvent;

11.2 in DQC's reasonable opinion, acting in breach of this Agreement.

12. FEEDBACK

12.1 DQC uses a system of feedback evaluations from Customers and Transport providersto monitortheParties' performance in the course of the Delivery Contract. Customers and Transport Providers are then able to base their decision to accept a Quotation from a Transport Provider, or to respond to a Request for Quotation from a Customer, on these ratings.

12.2 Ratings on the performance of a Party can be made in the form of positive, neutral or negative ratings along with a general comment. An overall feedback score for a particular Party is the mean of the ratings that they have received.

12.3 You accept and agree that other Parties will leave feedback about You and that Your overall feedback rating will be calculated in accordance with condition 12.2. You further agree that You will not use any feedback received on the Site on any venue or website that is not the Site. DQC does not review feedback and You acknowledge that DQCis in no way liable for the content of any feedback about you.

13. PRIVACY AND USE OF CUSTOMER DATA

By providing personal details to DQC You hereby authorise DQC to disclose relevant information to other Parties in accordance with DQC's Privacy Policy.

14. USE OF LINKS

DQC may provide links from the Site to websites that are owned and/or controlled by third parties. These links are provided for convenience only and DQC has no control over and accepts no liability in respect of the content of third party websites.

15. GENERAL

15.1 DQC gives no warranty that any or all of the content of the 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.

15.2 No failure or delay to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

15.3 None of the provisions of this Agreement are intended to be for the benefit of, or enforceable by, third parties and the operation of the Contracts (Rights of Third Parties) Act 1999 is expressly excluded.

15.4 This Agreement constitutes the entire agreement between DQC and the Customer and supersedes all previous agreements, trade custom, practice or course of dealing and arrangements (if any) whether written, oral or implied between DQC and the Customer relating to the Services and all such agreements still effective at the date of this Agreement (if any) shall be deemed to have been terminated by mutual consent but without prejudice to any rights which have arisen prior to such termination. The Customer acknowledges that, in entering this Agreement, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this agreement or not) other than as expressly set out in this Agreement as a warranty or representation. The only remedy available to the Customer for breach of such warranties or representations shall be for breach of contract under the terms of this Agreement. Nothing in this clause 15.4 shall operate to exclude or limit the liability of DQC or the Customer in respect of fraud.

15.5 Any and all notices to be given by either DQC or the Customer to the other pursuant to or in connection with this Agreement shall be deemed sufficiently given when forwarded by e-mail addressed to You at the e-mail address You have given to us when registering with the Site, or to DQC at the e-mail address displayed on the Site

15.6 This Agreement is governed by the laws of England and Wales and DQC and the Customer hereby submit to the exclusive jurisdiction of the English courts.

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.

LEAD PROVISION TERMS & CONDITIONS

1. DEFINITIONS

1.1 In these terms and conditions, and unless the context requires otherwise, the following definitions will have the meaning set out in this clause 1.1:

"Agreement" means the agreement between DQC and You relating to the provision of the Services, and made on the terms of these terms and conditions;

"DQC" means Delivery Quote Compare Limited;

"Fees" means the fees payable by You for the provision of the Services;

"Lead" means the information provided to DQC by a customer and which is subsequently passed to You to allow You to contact the customer with a view to providing them with services which may be of use to them;

"Services" means the provision by DQC of Leads to You, as more particularly described in clause 6.2;

"Site" means www.deliveryquotecompare.com or such other site as DQC may refer You to from time to time;

"You" or "Your" means any person or body corporate who uses the Site for the provision of the Services.

1.2 A reference to a company shall include any company, corporation or other body corporate, wherever and howsoever incorporated or established.

1.3 Words in the singular shall include the plural and vice versa.

1.4 A reference to one gender shall include a reference to the other genders.

1.5 A reference to any party shall include that party's personal representatives, successors or permitted assigns

2. WEBSITE AVAILABILITY

2.1 DQC shall not be liable if, for any reason, the Site is unavailable at any time or for any period.

2.2 Access to the Site may be temporarily suspended and without notice in the case of a system failure, maintenance, modification or repair or for any reasons beyond DQC's control.

3. CONTENT

3.1 DQC does not warrant the accuracy or completeness of the content of the Site, that the material on the Site is up to date or that the Site will be free of defects or viruses. DQC may make changes to the content of the Site at any time and without notice.

3.2 You agree to use the Site in good faith and are prohibited from using, uploading or transmitting to or from the Site any material:

3.2.1 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;

3.2.2 which You have not obtained all necessary licences and/or approvals to use;

3.2.3 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

3.3.4 which is technologically 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.

3.4 You may not misuse the Site or cause the Site to be interrupted, damaged or rendered less efficient, such that the effectiveness or functionality of the Site is impaired.

3.5 DQC will co-operate fully with any law enforcement authorities or court order requesting or directing DQC to disclose the identity of, or locate, anyone uploading any material in breach of this clause 3.

4. LICENCE TERMS

4.1 The Site, its design and construction, any materials on it and other intellectual property are owned wholly and exclusively by DQC, and shall remain the property of DQC at all times.

4.2 You agree not to copy, reproduce, store (in any medium or format), distribute, transmit, modify, decompile, disassemble or reverse engineer all or any part of the Site, the software or the materials on it.

5. REGISTRATION

5.1 You warrant that the name, address, company details and any other information that You provide when You register are full, accurate and complete in all material respects. You further warrant that You have the capacity and authority to enter into this Agreement.

5.2 Your registration with DQC is personal to You, and You warrant and represent that You will not transfer Your membership to any third party, nor allow any third party to use Your username and password, whether such username and password is provided to You by DQC or otherwise.

5.3 Responsibility for the security of Your username and passwords rests with You and You are responsible for all actions taken under that username and password. You shall only use the Site under Your own username and password.

5.4 DQC reserves the right to edit Your profile information to ensure compliance with all laws and statutory obligations.

6. THE SERVICES

6.1 In consideration of the payment of the Fees by You, DQC will provide the Services on the terms set out in this Agreement.

6.2 DQC operate a system where we will automatically send You Leads which match Your chosen criteria.

6.3 After You register You will be able to choose and amend Your Lead preferences by editing Your lead categories and geographical areas of operation in Your preferences section. You must ensure that You are able to meet the criteria necessary to provide services to customers in the Lead categories that You select.

6.4 You will be invoiced for Leads You receive in accordance with clause 7.

6.5 DQC reserves the right to cease providing You with Leads where DQC reasonably believes that You are unable to meet the requirements of the Lead criteria that You have selected.

6.6 You acknowledge that DQC provides all Leads in good faith based on the information provided to it by customers as part of their quote request. Any contract which You enter into is personal to You and a customer, and You hereby expressly agree and acknowledge that DQC is not a party to any contract You enter into with a customer.

6.7 The provision of Leads to You is not on an exclusive basis, and each Lead may be provided to up to five other transport providers. The provision of Leads by DQC does not constitute a guarantee of business, whether from DQC, a customer or any other third party.

6.8 You must not sell, pass on or disclose in any way to a third party any information regarding a Lead. Leads are personal to You and failure to abide by the terms of this clause 6.8 shall be regarded as a material breach of this Agreement which shall be incapable of remedy.

6.9 It shall be a condition of Your continued use of the Site, and the continued provision of Leads to You by DQC, that You maintain up to date insurances. Insurance policies should be of the kind generally taken out by a reputable company operating services in the haulage and freight movement industries. You shall provide copies of up to date insurance policies on request, and failure to do so may result in the suspension of Your use of the Site and the provision of Leads to You.

7. PAYMENT

7.1 The price for Leads is contained in the members areas, and You will be able to view these prices following successful registration. DQC reserves the right to increase the prices charged for Leads, and will provide notification to You prior to any such increase.

7.2 DQC will charge You the Fees once You have received a set number of Leads. You will be notified of the number of Leads that will give rise to being charged when You register with the Site. DQC reserves the right to increase or decrease the number of Leads which give rise to charging at its discretion, and will notify You of any change by email to the email address You provide when registering.

7.3 When registering with the Site You will be required to provide details of a valid credit or debit card. Subject to clause 7.4, DQC will take all payments for the Fees from this card unless agreed otherwise.

7.4 Subject to agreement and satisfactory credit checking, DQC may, acting in its discretion at all times, issue invoices to You for the payment of Leads. Invoices will be due and payable 30 days after the end of the month in which the Leads are generated.

7.5 Leads provided by DQC will be chargeable irrespective of whether any business results from the Lead.

7.6 In the event that sums remain owing to DQC after their due date for payment, DQC reserves the right to suspend Your access to the Site, and will cease providing You with Leads until all outstanding sums have been paid. In the event that sums remain unpaid for more than 4 weeks after their due date, the provisions of clause 9.2 will apply.

7.7 Where any sums payable to DQC by You remain unpaid after the due date, DQC reserves the right to charge You 4% per annum above the base rate of the Bank of England from such time as the sums become due for payment until such time as payment is made, whether before or after judgment. DQC also reserves the right to charge You for any sums incurred in enforcing judgment against You for the recovery of any sums owing, in addition to interest thereon.

7.8 In the event that the information provided by DQC as part of a Lead is found to be inaccurate in any material respect, with the result that You are unable to contact a potential customer, DQC accepts no liability for any such inaccuracies but may, at its discretion, credit You with the cost of the Lead. In order to qualify for any such credit, You must notify DQC of such inaccuracies within 10 business days of the time that You receive the Lead. DQC reserves the right to check any alleged inaccuracies before crediting any sums.

8. LIMITATION OF LIABILITY

8.1 To the extent permitted by law, DQC hereby excludes:

8.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; or

8.1.2 any liability for any direct, indirect or consequential loss or damage incurred by any person in connection with the provision of the Services or the use of the Site or Your inability to access 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 or any indirect or direct losses which may be suffered by You (or any person claiming under or through You), and whether the same arise in contract, tort (including negligence) or otherwise howsoever, which fall within any of the following categories:

8.1.2.1 loss of profits;

8.1.2.2 loss of anticipated savings;

8.1.2.3 loss of business opportunity;

8.1.2.4 loss of goodwill;

8.1.2.5 loss of data;

8.1.3 any loss arising out of misleading or inaccurate information provided by a customer as part of the provision of Leads;

8.1.4 any liability for Your inability to contact a customer where DQC has provided you with valid contact details.

8.2 DQC's maximum liability arising out of the performance or non-performance of the Services, or from Your use of the Site, shall be limited in any event to £10,000.

8.3 DQC does not exclude liability for death or personal injury arising from its negligence or for any other liability which cannot be excluded or limited under applicable law.

9. TERMINATION

DQC reserves the right to terminate Your access to the Site without prior notice where:

9.1 You are proven to be insolvent;

9.2 any sums owing to DQC pursuant to this Agreement remain unpaid for more than 4 weeks after their due date for payment;

9.3 You are found to have acted in breach of clause 6.8;

9.4 in DQC's reasonable opinion, You are acting in breach of this Agreement.

10. USE OF LINKS

DQC may provide links from the Site to websites that are owned and/or controlled by third parties. These links are provided for convenience only and DQC has no control over and accepts no liability in respect of the content of third party websites.

11. GENERAL

11.1 DQC gives no warranty that any or all of the content of the 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.

11.2 No failure or delay to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

11.3 None of the provisions of this Agreement are intended to be for the benefit of, or enforceable by, third parties and the operation of the Contracts (Rights of Third Parties) Act 1999 is expressly excluded.

11.4 This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements, trade custom, practice or course of dealing and arrangements (if any) whether written, oral or implied between the parties relating to the Services and all such agreements still effective at the date of this Agreement (if any) shall be deemed to have been terminated by mutual consent but without prejudice to any rights which have arisen prior to such termination. You acknowledge that, in entering this Agreement, You do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this agreement or not) other than as expressly set out in this Agreement as a warranty or representation. The only remedy available to You for breach of such warranties or representations shall be for breach of contract under the terms of this Agreement. Nothing in this clause 11.4 shall operate to exclude or limit the liability of the parties in respect of fraud.

11.5 Any and all notices to be given by either party to the other pursuant to or in connection with this Agreement shall be deemed sufficiently given when forwarded by e-mail addressed to You at the e-mail address You have given to us when registering with the Site, or to DQC at the e-mail address displayed on the Site

11.6 This Agreement is governed by the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.