Terms & Conditions
Terms & Conditions for the Carriage of Goods by Road in the United Kingdom. Lloyd Harvey, of 2 Hillend Cottage, Roberton, Biggar, South Lanarkshire ML12 6RR (hereinafter referred to as "the carrier") is not a common carrier and accepts consignments for carriage only upon that condition and the conditions set out below. No servant or agent of the carrier is permitted to alter or vary these conditions in any way unless expressly authorised to do so. All and any business undertaken, including any advice, or information given, or service provided, is transacted subject to the conditions hereinafter set out, and each condition shall be deemed to be incorporated in, and to be a condition of, any agreement between the carrier and its clients.
DEFINITIONS
In these conditions:
"Calendar Day" means any day Monday to Sunday inclusive.
"Client" means the person who contracts for the services of the carrier.
"Contract" means the contract of carriage between the client and the carrier.
"Consignment" means goods in bulk or contained in one parcel, package or container, as the case may be, or any number of separate parcels, packages or containers sent at one time in one load by or for the client from one address in the United Kingdom to one address in the United Kingdom.
"Day" means any day Monday to Friday inclusive other than a Bank or Statutory Holiday, including the delivery day and the day on which any claim or notice is first made.
"Dangerous Goods" means consignments of any nature as may be included in the Approved Carriage List prepared pursuant to the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 as may be amended from time to time and goods which represent a similar hazard, radioactive material and explosives of any nature.
ACCOUNT FACILITIES
All credit accounts are rendered at such periodic intervals as shall be the carriers policy from time to time and are subject to settlement within 30 calendar days of the date of the invoice. Where payment is not received by that date, any offer by the carrier to give a credit or discount for prompt settlement will automatically be deemed to be withdrawn and the carrier reserves the right to impose a surcharge on all outstanding balances.
All credit accounts are subject to a maximum permitted balance of -£750.00.
CHARGES
The carriers charges shall be payable by the client without prejudice to the carriers rights against the consignee or any other person.
The client shall pay all charges for the delivery service within 30 days of the date of the Couriers invoice without set-off or deduction or counterclaim.
DANGEROUS GOODS
The carrier does not contract to carry or store dangerous, infested, contaminated or condemned goods.
IMPOSSIBILITY OF PERFORMANCE
The carrier shall be relieved of his obligations to perform the contract to the extent that the performance thereof is prevented by Act of God, Fire, Weather Conditions, Industrial Dispute, Labour Disturbance or causes beyond the reasonable control of the carrier.
INDEMNITY
The carrier indemnifies the client for loss or damage to an upper limit of £20,000 (ten thousand pounds sterling) per consignment. The carrier shall be at liberty to self-insure this indemnity if he so wishes. The carrier advises the client to insure against higher value risks. No consequential risk claims will be accepted.
LOADING AND UNLOADING
When collection or delivery takes place the carrier shall not be under any obligation to provide any plant, power or labour in addition to the carriers driver, required for loading or unloading at such premises. When the carrier is called upon to load or unload consignments requiring special appliances for loading or unloading, the carrier shall be under no liability whatever to the client for any damage whatever, however caused, arising out of such loading or unloading and the client shall indemnify the carrier against all claims and demands whatever, which could not have been made if such assistance had not been given.
LOSS/DAMAGE
The carrier shall only be responsible for loss or damage, for any non-delivery or mis-delivery, if it is proved that any such loss, damage, non-delivery or mis-delivery occurred whilst the consignments were in the actual custody of the carrier (excluding storage overnight or at any other time) or the carrier’s agent, and that such loss, damage, non-delivery or mis-delivery was due to the negligence or default of the carrier.
PARTIES AND SUB-CONTRACTING
The client warrants that he is either the owner of the goods in any consignment, or is authorised by such owner to accept these conditions on such owners behalf.
The carrier and any other carrier employed by the carrier may employ the services of any other carrier for the purpose of fulfilling the contract in whole or in part.
When the carrier employs the services of another carrier for the provision of next day delivery services the terms and conditions of that carrier shall replace these terms and conditions and the carrier will supply on request a copy of the said terms and conditions.
PACKING
The client warrants that all consignments entrusted to the carrier have been properly and sufficiently packed, labelled and prepared.
QUOTATIONS
All offers and quotations by the carrier for its services are given on the basis of prompt acceptance by the client and shall only remain open for acceptance for a period of five days unless revoked, withdrawn, or verified by the carrier prior to such acceptance.
TRANSIT
Transit shall commence when the carrier takes possession of the consignments whether at the point of collection or at the client’s premises. Transit shall end when the consignments are tendered at the required delivery point. Provided that: If no safe and adequate access or no adequate unloading facilities there exist, then transit shall be deemed to end at the expiry of one hour after notice by telephone of the arrival of the clients consignments at the clients required destination.
TIME LIMIT FOR CLAIMS
The Carrier shall not be liable for any damage to goods or delay unless it is advised in writing within 10 days of delivery or the date specified for delivery in regard to goods not actually received. In any event any damaged goods must made available to the Carrier for inspection.
LAW
All agreements between the carrier and the client shall be governed by Scottish Law and be within the exclusive jurisdiction of the Scottish Courts.
Last Updated April 2007
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