1.DEFINITIONS
Account means a Customer account registered with the Carrier containing Customer-specific information, including but not limited to a Customer’s name, contact information, payment card details and Booking history.
Credit Account Booking means a Booking made by a Customer with an Credit Account facility provided by Nationwide Courier Service Ltd.
Booking means a booking for the carriage of a Consignment placed by a Customer with the Carrier via telephone, email or Online
Carrier means Nationwide Courier Service Limited.
CMR Convention means the United Nations Convention on the Contract for the International Carriage of Goods by Road.
Conditions means these conditions of carriage, which shall apply to the contract of carriage between the Customer and the Carrier.
Consignee means the person to whom the Carrier delivers the Consignment.
Consignment means goods or property, whether or not contained in separate parcels, packages, containers or envelopes including any paper and documents, to be delivered by the Carrier for the Customer to the Consignee.
Customer means the legal or natural person who contracts for the services of the Carrier.
Dangerous Goods means dangerous goods as defined in the Carriage of Dangerous Goods by Road Regulations 2021 (as amended, re-enacted or extended from time to time).
Excluded Goods means goods which may be carried by the Carrier pursuant to clause 3.9 which shall include, without limitation, precious stones, precious metals, watches, jewellery, glass, furs, china, art, antiques, prescription drugs, fragile and perishable goods, money, vouchers, travellers cheques, bearer bonds, bills of exchange, promissory notes, stamps, photographs, documents of title to property, bank, credit, pre-pay or other store cards with a cash equivalent value, spirits, tobacco and cigarettes and any other goods which the Carrier may at its sole discretion deem to be valuable.
Pre-Paid Account Booking means a Booking made by a customer with an account in which payment is to be paid in full prior to the vehicle being dispatched, either but BACS Transfer, Debit or Credit Card.
Online means Bookings and Booking enquiries made by the Customer Online via the Website.
Prohibited Items shall have the meaning ascribed to it in clause 3.9.
Website means the Carriers website located at www.nationwidecourierserviceltd.co.uk
Working Day means any day other than a Saturday or Sunday or a public or bank holiday in England.
Value when referring to Goods the amount needed to replace the items with similar ones or their fair market value, which may relate to production costs rather than retail prices, ensuring the buyer gets compensation equal to the original worth.
2.GENERAL
2.1 The Carrier provides an all-encompassing Consignment service to the Customer, which can include but is not limited to the carriage of Consignments, a booking service, account management support, tracking of deliveries, reporting of deliveries, as well as other features agreed between the Carrier and its Customer from time to time. The Customer acknowledges that for the carriage element of its service, the Carrier will engage an employee, agent or subcontractor.
2.2 The Carrier is not a common carrier and accepts at its sole discretion the carriage of Consignments subject only to these Conditions. Subject to clause 2.6 and 2.7, these Conditions shall apply to the exclusion of any other terms and conditions (including those of the Customer) unless agreed in writing by a Director of the Carrier. Subject always to clause 9.2, no employee, agent or subcontractor of the Carrier is authorised to alter or vary these Conditions.
2.3 The Customer acknowledges and agrees that the Conditions excluding or restricting any liability of the Carrier are reasonable having regard to the existence of alternatives and other carriers available to it.
2.4 The Customer warrants that it has full power and authority to enter into and perform its obligations under these Conditions.
2.5 The Carrier reserves the right to withdraw the Website and the facility to place Bookings Online without prior notice and also to refuse to accept and/or perform any orders placed thereon.
2.6 The Carrier and Customer acknowledge and agree that the CMR Convention and the standardised terms and conditions set out in the CMR Convention shall, to the exclusion of these Conditions, govern as matter of law any carriage by the Carrier of a Consignment by road, where the points of collection and delivery of the Consignment are located in different countries, of which at least one is a signatory to the CMR Convention. The CMR Convention shall not as a matter of law govern any carriage of a Consignment (a) between the United Kingdom, the Republic of Ireland, the Channel Islands or the Isle of Man; (b) under the terms of any international postal convention; or (c) in the context of furniture removal.
2.7 Where a Customer contracts with the Carrier as a consumer in a private non-commercial capacity, these Conditions shall be read in conjunction with the terms and conditions set out in Appendix 1.
3.CONSIGNMENT
3.1 Each Booking by the Customer with the Carrier shall be submitted by the Customer to the Carrier via telephone, email, or Online.
3.2 The Carrier shall provide the Customer with a quotation for the carriage of the Consignment in question and such quotation shall be valid for a period of 7 days or such other period as the Carrier may specify. The Carrier shall provide written quotations to the Customer upon request. All Bookings are subject to acceptance by the Carrier and the Carrier reserves the right to refuse to accept any Bookings. All Bookings are subject to and governed by these Conditions, shall be deemed to be a separate and independent contract and the Carrier reserves the right to amend any Booking at any time upon notice to the Customer.
3.3 The contract between the Customer and Carrier in respect of a Booking (the Contract) will be formed when the Carrier confirms receipt of that Booking. Customers should note that their Booking will not have been accepted by the Carrier until the time of such confirmation.
3.4 Additional charges (including, without limitation, time charges for waiting and/or loading) may be imposed by the Carrier (and the Customer shall pay such charges) if the Carrier is prevented from performing its obligations under these Conditions by reason of the acts and/or omissions of the Customer.
3.5 Unless agreed otherwise by the Carrier, the Consignment shall only be delivered to the address specified by the Customer at the time of Booking and the Carrier reserves its right to vary its charges by written notice to the Customer following any variation of the delivery address by the Customer.
3.6 All quotations for the Carriers charges are calculated in accordance with the length of the journey for the shipment, the dimensions and gross weight of the Consignment and the type of Consignment service specified in the Booking. The Carrier offers a range of Consignment services including, without limitation, same day, overnight and international deliveries. The Carrier will calculate its quotation to the Customer and charge the Customer based on the mileage required to undertake the requested journey (as determined by an industry standard form of measurement and subject to an agreed tolerance level of [+/-5%] of the total mileage for the requested journey). Further details of the Carriers charges and standard Consignment services are available upon request.
3.7 If the Customer requires additional services over and above the Carriers standard carriage of Consignments, the Customer should contact the Carrier to discuss this. Whilst the Carrier will take reasonable steps to fulfil the Customers additional requirements if the additional services involve supervision, direction or control as to the manner in which the Carriers services are performed the Customer must contact the Carrier in advance as the Customer may be required to agree additional charges in advance with the Carrier.
Excluded Goods
3.8 If the proposed Consignment contains Excluded Goods, the Customer must notify the Carrier at the time of Booking as to the content and value of such Consignment of Excluded Goods and the Carrier may (in its sole discretion) elect to carry such Excluded Goods. Except as set out in clause 10.1, the Carrier shall not be liable to the Customer for any loss, however caused, unless the Carrier has agreed in writing to the Customer to accept such liability. The Carrier reserves the right to charge the Customer (and the Customer shall pay) an additional sum for the carriage of the Consignment of Excluded Goods and will inform the Customer of such sum prior to accepting the Booking. If the Customer fails to so inform the Carrier in accordance with this clause 3.8, such Consignment will be delivered solely at the Customer’s risk and the Customer shall indemnify and keep the Carrier indemnified against any and all losses, damages, claims, liabilities, costs and expenses (including, without limitation, legal costs and expenses) suffered or incurred by the Carrier arising out of, or in connection with, the delivery of the Consignment comprising such Excluded Goods in whole or in part.
Prohibited Items
3.9 Unless the Carrier has agreed otherwise in advance in writing specifying any additional terms, charges and limitations on liability which shall apply, the Customer shall not submit for carriage (and the Carrier may without any liability whatsoever reject such carriage at any time upon notice to the Customer) any Consignment which contains firearms, munitions, inflammable items or other explosives, livestock or other animals, human remains, any obscene, defamatory, blasphemous, scandalous or other indecent material, any item (including, without limitation, drugs or other illegal substances) which is prohibited or illegal to possess or import into any country through or into which the carriage of the Consignment is to take place (the Prohibited Items). If the Customer submits Prohibited Items as a Consignment (and regardless of whether or not the Carrier has agreed to carry such Consignment), the Customer shall indemnify and keep the Carrier indemnified against any and all losses, damages, claims, liabilities, costs and expenses (including, without limitation, legal costs and expenses) suffered or incurred by the Carrier arising out of, or in connection with, the carriage of the Consignment comprising such Prohibited Items in whole or in part.
4.DELIVERY
4.1 The Customer shall ensure that the Consignment is secure, properly packed and labelled in accordance with good practice and any applicable statutory requirements and is fit and safe to be carried, stored and transported by road, air, rail or sea as may be appropriate.
4.2 The Carrier will use all reasonable efforts to collect and deliver the Consignment within the times specified for collection and delivery by the Carrier when confirming a Booking but unless otherwise agreed these are estimates only and time is not of the essence.
4.3 Unless the Carrier has otherwise agreed in writing with the Customer:
4.3.1 the Carrier shall not be required to provide any labour or special equipment for loading or unloading the Consignment, other than that carried by the vehicle used by the Carrier; and
4.3.2 the Customer warrants that it will provide or procure any special equipment required for loading or unloading the Consignment and shall indemnify and hold harmless the Carrier for any damage to the Consignment or the Carrier, however caused, if the Carrier is instructed to load or unload any Consignment requiring special equipment where such equipment has not been provided or procured by the Customer.
4.4 The Carrier shall under no circumstances be liable to the Customer for any loss of or damage to:
4.4.1 the Consignment; or
4.4.2 any property of the Customer
in connection with or arising out of:
4.4.3 the Carriers use of any special equipment in the loading or unloading of the Consignment (other than that carried by the vehicle used by the Carrier);
4.4.4 the Carriers entry onto the premises of the Customer or Consignee in the course of collecting or delivering the Consignment; or
4.4.5 the Carrier otherwise providing to the Customer (whether for the benefit of the Customer or the Consignee) any services (whether or not the Customer and/or the Consignee assist in such provision) that are beyond the scope of the services that would usually and reasonably be expected of a point-to-point courier
(together the Out of Scope Services).
4.5 The Carrier shall not be required to provide the Out of Scope Services (in whole or in part) to the Customer (whether for the benefit of the Customer or the Consignee), unless such provision is provided for in the Customer’s Booking and confirmed by the Carrier pursuant to clause 3.3.
4.6 The Customer shall indemnify and keep indemnified the Carrier and its affiliates, contractors, agents, directors and employees against all losses, liabilities, damages, claims, actions, proceedings, expenses and costs (including legal and professional costs) that the Carrier and/or such related parties suffer or incur arising out of or in connection with the Carriers provision of the Out of Scope Services (whether or not the Customer and/or the Consignee assist in such provision), including but not limited to any claim by the Consignee that the Carriers provision of the Out of Scope Services has caused any loss of or damage to the Consignment or the property of the Consignee.
4.7 The Carrier shall deliver Consignments according to such route as it in its absolute discretion thinks fit.
5.CONSIGNMENT NOTES
5.1 If required, the Carrier shall sign a document prepared by the Customer acknowledging receipt of the Consignment but such document shall not be evidence of the condition, declared nature, quantity or weight of the Consignment at the time it is received by the Carrier.
5.2 Subject to clause 5.3, the Carrier shall require written acknowledgment at the point of delivery of the Consignment and where the Carrier is unable to obtain such acknowledgment, the Carrier shall be deemed to have been unable to effect delivery for the purposes of clause 7.1. Written acknowledgment at the point of delivery shall be conclusive evidence of proper delivery.
5.3 Where the Customer notifies the Carrier prior to the delivery or attempted delivery of the Consignment that the Carrier need not provide to the Customer a signature as proof of delivery of the Consignment, the Carrier shall be under no obligation to provide the Customer with the same and the Customer shall be deemed to have unconditionally and irrevocably waived any and all claims it may have in respect of the final delivery of the Consignment to the Consignee. Where a Customer notifies the Carrier that proof of delivery is not required pursuant to this clause 5.3, the Carrier shall not be liable to the Customer if it is later claimed by the Consignee that the Consignment has not been delivered.
6.TRANSIT
6.1 Transit commences when the Carrier takes possession of the Consignment, whether at the Carriers premises or at some other point of collection.
6.2 Subject to clause 6.3, Transit by the Carrier shall (unless otherwise agreed) end when the Consignment is tendered at the Consignees address provided at the time of Booking by the Customer.
6.3 Where a Consignment cannot be delivered (for whatever reason) or is held by the Carrier to await order or further instructions and such instructions are not given or the Consignment is not collected within 24 hours of notice being given to the Customer or such other time as the Carrier may nominate, then transit shall be deemed to end at the expiry of such time.
6.4 The Carrier shall be entitled to recover its charges in full for any delivery, which is unsuccessful due to incorrect or inadequate information provided by the Customer and in addition recover any expenses or losses it suffered or incurred in attempting to effect delivery.
6.5 The Customer understands and accepts that the Carrier shall be entitled to open and examine any Consignment that the Carrier reasonably considers to be a security or health and safety risk to the Carrier and to take, at its sole discretion, such appropriate action thereafter.
7.Undelivered or Unclaimed Goods
7.1 Where the Carrier is unable to effect delivery as requested by the Customer when making a Booking, or where transit has come to an end, the Carrier shall use its reasonable endeavours to notify the Customer and the Consignee of any undelivered or unclaimed Consignment. Unless the Consignment is collected from the Carrier by the Customer, or instructions are given for the disposal, onward carriage or return to the Customer of the Consignment, within 7 days of such notice being given (or such other time as the Carrier may nominate), title to the Consignment shall transfer to the Carrier and the Carrier may destroy or sell the Consignment as if it were the absolute owner. Where a Consignment is returned to the Customer by the Carrier or a Customer arranges for the onward carriage and delivery of the Consignment by the Carrier (excluding any return to the Customer), that return or onward carriage (as the case may be) shall be at the Customers sole cost and expense and shall be charged to the Customer (and the Customer shall pay) at the Carriers standard rates from time to time in force.
7.2 Where the Carrier sells the Consignment to a third party pursuant to clause 7.1, the Carrier shall use its reasonable endeavours to obtain a reasonable price for the Consignment and shall apply the proceeds of sale to the payment of all its proper expenses and charges suffered or incurred in relation to the carriage, storage and sale or disposal of the Consignment. Any proceeds left over shall be paid to the Customer upon which the Carrier shall be discharged from all liability in respect of the Consignment. Where the proceeds of sale do not meet or exceed the total value of the Carriers expenses and changes, the Carrier shall charge the Customer (and the Customer shall pay) a sum equal to the shortfall.
8.CANCELLATION
8.1 Subject always to the provisions of this clause 8, the Carrier and Customer shall each be entitled to cancel a Booking and terminate the Contract at any time for any reason with immediate effect by notice to the other.
8.2 Where the Carrier cancels a Booking pursuant to clause 8.1 by reason of a breach of these Conditions by the Customer, the Carrier may, without prejudice to any rights or remedies it may have at law or under these Conditions, charge (and the Customer shall pay) a reasonable fee for time and effort incurred by the Carrier in connection with that Booking, up to the full value of the charges specified by the Carrier in accordance with clause 9.1. The Carrier further reserves the right to hold the Customer liable for missed work opportunities caused by a breach of the Conditions and the cancellation of a Booking pursuant to this clause 8.2.
8.3 In the event of cancellation of any Booking for a Consignment by the Customer, the Customer shall be liable to the Carrier for the Carriers charges in full for the carriage of the Consignment. This clause 8.3 shall apply only to cancel Bookings where the Carrier has collected the Consignment in question.
8.4 Where the Customer cancels a Booking after the Carrier has departed to collect the Consignment (but before collection has taken place), the Carrier may charge (and the Customer shall pay) a reasonable fee for time and effort incurred by the Carrier in connection with that Booking, up to the full value of the charges specified by the Carrier in accordance with clause 9.1. The Carrier further reserves the right to hold the Customer liable for missed work opportunities caused by the cancellation of a Booking following the Carriers departure (but prior to collection).
8.5 Subject to clause 8.6, the Customer has a legal right to cancel any Booking with immediate effect by written notice to the Carrier during a 7 Working Day period beginning the day after the date of the confirmation referred to in clause 3.3.
8.6 The Customer shall not have a right to cancel the Booking pursuant to clause 8.5 where the Carrier has departed to collect the Consignment, in accordance with the Customers request, prior to the expiry of the 7 Working Day period referred to in clause 8.5.
8.7 Where the Customer cancels a Booking pursuant to clause 8.5, the Carrier shall refund to the Customer all sums paid by the Customer to the Carrier in connection with that Booking prior to the date of cancellation as soon as possible and, in any event, within 30 calendar days of cancellation.
8.8 In addition to the provisions in clauses 8.3 and 8.4 if the Customer cancels a booking after confirmation of acceptance, the Carrier may charge (and the Customer shall pay) a reasonable fee for time and effort incurred by the Carrier in connection with that Booking, up to the full value of the charges specified by the Carrier in accordance with clause 9.1.
9.CARRIER’S CHARGES
9.1 The Customer shall pay the Carriers charges in accordance with these Conditions. The charges payable in respect of a Booking shall be specified by the Carrier as part of the confirmation referred to in clause 3.3.
9.2 Subject to clause 9.4, payment terms are 14 days from date of invoice, and any variation to these terms are to be agreed in writing by an authorised employee of the Carrier. Payment terms may be extended to 30 days from date of invoice for a Customer who has signed the necessary consent forms to authorise its bank to make payment by direct debit.
9.3 The Carriers charges shall be based on its tariff in effect at the time of carriage of the Consignment and unless payment is made by credit card, invoice(s) shall be rendered by the Carrier to the Customer at least once a month. Credit facilities granted to a Customer may be withdrawn at the Carriers absolute discretion at any time and the balance outstanding shall become due immediately on demand. If payment is made by credit card the Carrier reserves the right to apply an additional charge to cover its costs of accepting the payment (and the Carrier will tell the Customer the amount of such charge before making the Booking).
9.4 If at the time of Booking the Customer pays for a Consignment by credit card, the amount quoted by the Carrier to the Customer at the time of Booking will be charged to the Customers credit card wherever reasonably practicable within 24 hours (or such other period as the Carrier may reasonably determine) of the Carriers acceptance of the Booking. In the event that any additional charges are imposed by the Carrier pursuant to clause 3.4 above, the Customer hereby authorises the Carrier to charge such additional charges to the Customers credit card wherever reasonably practicable within 24 hours (or such other period as the Carrier may reasonably determine) of the Carrier incurring such charges.
9.5 The Carrier reserves the right on 30 days written notice to increase charges to reflect increases in fuel prices. The Carrier reserves the right to vary its tariff, because of any change in business or regulation or any increase in the cost of providing any services, by giving the Customer not less than 30 days written notice. If the Customer does not wish to continue to make any Booking after the date of the changes which take place, it is free to make such a choice. Any variation of the tariff will not affect the tariff which applied to any Booking made before the variation takes effect.
9.6 The Carrier shall be entitled to charge interest (both before and after judgment) on the amount unpaid at the rate of 4% above the base rate of the Bank of England from time to time until payment is made in full. When payment is not made by the due date, the Customer shall indemnify the Carrier for any costs and/or expenses it may suffer or incur in recovering the sum due, including reasonable legal fees and costs of collection.
9.7 Any queries in respect of an invoice must be made in writing within 7 days of the date of the invoice otherwise it will be deemed to have been accepted and will be payable in full by the Customer.
9.8 All charges quoted and charged are exclusive of value added tax and all other duties or taxes which may become due or payable from time to time and shall be added to invoices at the rate applicable at the date of invoice.
9.9 The Carrier operates an electronic invoicing system. All invoices, credit notes and statements will be sent to the Customer electronically. If the Customer requires paper invoices or credit notes (or cannot provide the carrier with an email address) the Carrier reserves the right to make charges for the provision of such paper invoices.
10.LIMITATION OF LIABILITY
10.1 Notwithstanding any other clause of these Conditions, neither party excludes or limits liability for personal injury or death arising from the negligence or wilful default of either party, its servants, dealers or sub-contractors; or for any fraudulent misrepresentation.
10.2 Except as expressly provided in these Conditions, the total liability of the Carrier which arises out of or under these Conditions (whether in contract, tort, statute or otherwise) in respect of any contract arising from a Booking is specified in this clause 10.
10.3 The Carrier shall not be liable to the Customer, whether in contract, tort or by statute, or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage suffered by the Customer howsoever caused including, without limitation:
10.3.1 loss due to delay in delivery; and/or
10.3.2 loss of anticipated savings; and/or
10.3.3 loss of business and/or goods; and/or
10.3.4 loss of goodwill; and/or
10.3.5 loss of use; and/or
10.3.6 loss of data or other information; and/or
10.3.7 loss relating to the procurement by the Customer of any substitution of goods or services.
The types of loss and/or damage specified in clauses 10.3.1 to 10.3.7 above shall not constitute direct loss for the purpose of these Conditions.
Consignment Values and Liability
10.4 The Customer shall notify the Carrier at the time of Booking of the value of the Consignment in writing by e-mail to bookings@nationwidecourierserviceltd.co.uk in accordance with the notification requirements set out in the tables below.
10.5 The Carriers total aggregate liability to a Customer in respect of a Consignment shall be as set out in the tables below. The Carrier shall provide a higher limit on its liability for Consignments which relate to Consignments of value where the Customer notifies the Carrier of those values and the Customer pays the additional fees as set out in the tables. The parties acknowledge and agree that the Carriers maximum liability in respect of each Consignment will also depend on whether the Customer has a Pre -Paid or Credit account with the carrier.
Table 1: Pre-Paid Account Bookings – Same Day Deliveries within Great Britain
| Value of Consignment | Customer to declare value to Carrier | Additional Fee Payable by Customer | Maximum Total Liability of Carrier in respect of Consignment |
| Less than £100 | No | No | £100 |
| More than £100 but less than £1,000 | Yes | No | £1,000 |
| Over £1,000 | Yes | Yes: to be advised to Customer at the time of Booking | To be advised to Customer at the time of Booking |
Table 2: Credit Account Bookings – Same Day Deliveries within Great Britain
| Value of Consignment | Customer to declare value to Carrier | Additional Fee Payable by Customer | Maximum Total Liability of Carrier in respect of Consignment |
| Less than £1,000 | No | No | £1,000 |
| More than £1,000 but less than £10,000 | Yes | No | £10,000 |
| Over £10,000 | Yes | Yes: to be advised to Customer at the time of Booking | To be advised to Customer at the time of Booking |
Excluded Goods
10.6 The Carrier will not be liable to the Customer for the carriage of Excluded Goods unless: (i) the Customer notifies the Carrier in advance that the Consignment contains in whole or in part Excluded Goods pursuant to clause 3.9 above; and (ii) the Carrier decides (at its sole discretion) to accept the carriage of such Excluded Goods. If the Carrier agrees to accept the carriage of the Excluded Goods (at such additional fee as the Carrier may determine (which the Customer shall pay), the Carriers liability in respect of the same day delivery of the Excluded Goods shall be as set out in Tables 1 and 2 of clause 10.5, (whether within Great Britain or otherwise) or for any international deliveries of the Excluded Goods.
Storage of Consignments
10.7 For any Consignments stored by the Carrier at its premises, the total liability of the Carrier for any loss of or damage to such Consignment shall not exceed the sum of one thousand pounds sterling (£1,000), unless the declared value of the Consignment exceeds such sum and the Carrier has subsequently agreed in writing to a higher limitation on its liability.
Further Exclusions on Carriers Liability
10.8 The Carrier shall not be held responsible for any event beyond the reasonable control of the Carrier, which prevents it from performing its obligations under the relevant contract including, but not limited to:
10.8.1 acts, omissions or misrepresentations by the Customer, owner of the Consignment, Consignee or independent contractor or any failure of the foregoing to package and/or label the Consignment correctly pursuant to clause 4.1. The Customer acknowledges and agrees that in such circumstances the Carrier shall not be liable for any loss of or damage to the Consignment that arises out of or in connection with a failure to package and/or label it correctly;
10.8.2 natural deterioration or fragility of the Consignment (notwithstanding that it may be marked Fragile); and/or
10.8.3 any unforeseen circumstances or causes beyond the Carriers reasonable control, including but not limited to, act of God, war, riot, malicious damage, compliance with any law or government emergency procedure, accident, fire, flood, storm or industrial dispute, insufficient or improper packing, labelling or addressing, unless it is previously agreed in writing that the Carrier shall perform such task; or
10.8.4 marine risk.
10.9 The Customer shall provide to the Carrier written proof of the value of the Consignment damaged or lost and the Carrier shall be entitled to inspect the damaged Consignment.
11.WEBSITE
11.1 The information provided on the Website has not been written to meet specific Customer requirements and it is the sole responsibility of the Customer to satisfy itself that any Booking made Online will be suitable for its requirements. All express or implied warranties in relation to the Website are hereby excluded to the fullest extent permitted by law.
11.2 Whilst the Carrier makes all reasonable attempts to exclude viruses from the Website, it cannot ensure that the Website will be virus free. The Customer acknowledges and agrees that any use of the Website by the Customer shall be at its own risk.
11.3 Customers have no rights in or to the Website and all rights in and to the Website and the, including any underlying software and computer codes, are exclusively owned by the Carrier or licensed to the Carrier by a third party supplier.
11.4 The Website is intended for use by the residents in Great Britain only and only in respect of their activities within Great Britain.
12.TIME LIMITS FOR CLAIMS
12.1 The Carrier shall not be liable for loss of, misdelivery or damage to any Consignment unless it is notified by the Customer of such loss or damage in writing within 7 days of the end of the transit and the claim giving details of the value and the circumstances of any loss is made in writing within 14 days after the end of transit. A claim for loss or damage will not be accepted on the consignment note.
13.INDEMNITY TO THE CARRIER
13.1 The Customer shall indemnify the Carrier against:
13.1.1 all losses suffered by the Carrier (including but not limited to claims, demands, proceedings, fines, penalties, damages, costs, expenses and loss of or damage to the carrying vehicle and to other goods carried) as a result of any breach by the Customer of these Conditions, fraud, error, omission, or misrepresentation by the Customer, owner of the Consignment or Consignee;
13.1.2 all claims and demands made against the Carrier by any third party in excess of the liability of the Carrier under these Conditions;
13.1.3 all losses suffered by and claims made against the Carrier resulting from loss of or damage to property caused by or arising out of the carriage of Dangerous Goods, Excluded Goods and/or the Prohibited Items;
13.1.4 all claims made upon the Carrier by HM Revenue & Customs in respect of dutiable goods consigned in bond whether or not transit has ended or been suspended; and
13.1.5 all claims and demands made against the Carrier as a result of a breach of clause 16.3.
14.SEVERANCE
If any provision of these Conditions is held by any court or competent authority to be invalid or unenforceable in whole or in part, the validity of the remainder of these Conditions and of such provision shall continue in full force and effect.
15.OTHER IMPORTANT PROVISIONS
15.1 A person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Conditions save for those parties to whom the Carrier has subcontracted its obligations under these Conditions, who shall have the right to exercise and enforce all rights granted to the Carrier under them. This clause 15.1 does not affect any right or remedy of a third party which exists or is available apart from the Contracts (Rights of Third Parties) Act 1999.
15.2 The Carrier undertakes to comply with any and all provisions of the Data Protection Act 2018 as applicable.
15.3 At no time during the period that the Carrier is undertaking the Booking for the Customer is the Customer permitted to supervise, direct or control the manner in which any of the Carriers employees or sub-contractors undertake the service unless an express agreement is reached in accordance with clause 3.7.
15.4 During the continuance of the business relationship with the Carrier, and for a period of 6 months immediately following the last Booking placed by the Customer, the Customer shall not, directly or indirectly, solicit or offer employment or any other form of contract for services to any of the Carriers (a) employees; or (b) subcontractors, who were directly involved in the performance of a contract of carriage during the 6 months immediately preceding the last Booking placed by the Customer.
15.5 The payment terms and charges paid to the Carrier are confidential, and the Customer shall take all reasonable steps to ensure that such terms remain confidential. The Customer may not disclose the terms or make any public announcement about the relationship the parties have entered into without the prior written agreement of the Carrier, save for any disclosure required by law or by a statutory or regulatory body with power to order such disclosure.
15.6 Any notice or other communication to be given under or in connection with this Agreement:
15.6.1 by a Customer to the Carrier, shall be given in writing and sent by first-class post to the Carriers registered address and/or by email to info@nationwidecourierserviceltd.co.uk; and
15.6.2 by the Carrier to a Customer, shall be given in writing and sent by first-class post and/or by e-mail to the postal address and/or the e-mail address provided by the Customer to the Carrier during the Booking process
or such other postal or e-mail address as either party may substitute by written notice to the other. A notice shall be deemed delivered 2 working days after the date of posting and 24 hours after sending by email (as applicable).
15.7 Carrier shall be entitled to subcontract in whole or in part the performance of any or all of its obligations under these Conditions. The Customer shall not assign, novate, subcontract or otherwise dispose of, or deal with, any or all of its rights and obligations under these Conditions without the prior written consent of the Carrier.
15.8 The waiver of either party of any breach of these Conditions will not prevent the subsequent enforcement of that term and will not be deemed a waiver of any subsequent breach.
15.9 These Conditions and the documents referred to in them, including but not limited the confirmation referred to in clause 3.3, constitute the entire agreement between the Carrier and Customer and supersede all prior agreements, representations and understandings relating to the subject matter of the Contract. The Customer represents and undertakes that in entering into a Contract in accordance with these Conditions the Customer does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or undertaking (whether negligently or innocently made) of any person other than as expressly set out in these Conditions. Nothing in these Conditions shall limit either partys liability in respect of fraudulent misrepresentation.
15.10 These Conditions (and any non-contractual claims) shall be subject to and construed in accordance with English law, and the parties submit to the exclusive jurisdiction of the English courts.
15.11 Telephone calls to and from the Carrier may be recorded and monitored.
APPENDIX 1
VARIATIONS TO THE CONDITIONS WHERE
THE CUSTOMER CONTRACTS AS A CONSUMER
1.1 Where a Customer contracts with the Carrier as a consumer in a private non-commercial capacity, the Conditions shall be varied on the following terms:
1.1.1 Clause 3.4: the words For a full list of the additional charges, please contact by e-mail: info@nationwidecourierserviceltd.co.uk
1.1.2 Clause 9.3: the words (and the Carrier will tell the Customer before entering into each transaction the amount of the tariff) will shall be added immediately after the words its tariff in effect at the time of carriage of the Consignment;
1.1.3 Clause 9.7: The words 7 days shall be replaced with the words 14 days;
1.1.4 Clause 10.3: Shall be replaced with the following:
The Carrier shall not be liable to the Customer, whether in contract, tort or by statute, for loss of income or revenue, loss of business, loss of profit, or loss of anticipated savings, howsoever caused;
1.1.5 Clause 13: The words 7 days shall be replaced with the words 14 days and the words 14 days shall be replaced with the words 28 days;
1.1.6 Clause 15.4: Shall not apply and shall not form part of the Contract between the Customer and Carrier; and
1.1.7 Clause 15.10: The words exclusive jurisdictionshall be replaced with the words non-exclusive jurisdiction.
1.2 Save as expressly varied in accordance with this Appendix 1, the Conditions and the terms of the Contract between the Customer and Carrier shall remain unamended.
The entity referred to as “the Carrier” in these terms and conditions is not considered a common carrier. The Carrier agrees to accept goods for carriage solely based on the conditions outlined below (referred to as “the Conditions“). No servant or agent of the Carrier is authorised to modify or alter these Conditions unless explicitly granted written permission by a Director, Principal, or Partner of the Carrier, or by another individual duly authorised in writing by such a person. In the event that any provision or part-provision of these Conditions becomes invalid, illegal, or unenforceable, it shall be adjusted to the minimum extent necessary to render it valid, legal, and enforceable. If such adjustment is not feasible, the relevant provision or part-provision shall be deemed deleted. Any modification or deletion of a provision or part-provision under this clause shall not impact the validity and enforceability of the remaining Conditions.
These Conditions exclusively govern the Contract, superseding any other terms that the Customer may attempt to impose, agree upon, or incorporate. Additionally, these Conditions take precedence over any terms that might be implied by trade, custom, practice, or course of dealing. The Customer bears the responsibility to thoroughly read and comprehend these Conditions, as they constitute the foundation of the Contract under which any claims or disputes are resolved. Customers are advised to seek professional advice and are obligated to secure sufficient insurance to provide comprehensive coverage for the Consignment, as well as any associated liabilities during transit.
In these Conditions:
The term “Customer” refers to the individual or company entering into a contractual agreement for the services provided by the Carrier. This includes any other carrier that entrusts a Consignment to the Carrier for transportation.
The term “Contract” signifies the agreement for the carriage of goods between the Customer and the Carrier.
The term “Consignee” refers to the individual or company with whom the Carrier enters into a contract for the delivery of the Consignment.
The term “Consignment” pertains to goods, whether singular or in bulk, and whether contained in a single parcel, package, or container, or in multiple separate items, parcels, packages, or containers. This includes shipments sent collectively at one time in one load by or for the Customer, originating from one address and destined for another.
The term “Dangerous Goods” refers to substances and articles whose transportation is either prohibited by the regulations outlined in the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR), as applicable in the United Kingdom, or allowed only under the specified conditions therein. This also includes any other substances and articles possessing characteristics or nature that pose a hazard or danger to persons, property, and encompasses materials such as radioactive or explosive substances.
The term “Demurrage” refers to any costs or expenses incurred by the carrier due to the improper, excessive, or unreasonable detention of any vehicle, trailer, container, or other equipment owned by or under the control of the carrier.
The term “Force Majeure Event” shall be defined as specified in condition 10.2.3.
The term “In Writing” encompasses, unless otherwise mutually agreed upon, the transmission of information by electronic, optical, or comparable means of communication, such as facsimile, electronic mail, or electronic data interchange (EDI). It is essential that the transmitted information is readily accessible and durable, enabling its use for subsequent reference.
2.1 The Customer affirms that they are either the proprietor of the Consignment or duly authorised by the owner to acknowledge these Conditions on the owner’s behalf. Furthermore, the Customer asserts that they hold similar authorisation from all parties with proprietary or possessory interests in the consignment to accept these conditions on their behalf.
2.2 The Carrier, along with any other carrier engaged by the Carrier, retains the right to utilise the services of additional carriers to fulfil the Contract either in its entirety or in part. Upon request, the name of each such carrier will be disclosed to the Customer. The Carrier is authorised to, at any point, assign, mortgage, charge, delegate, declare a trust over, or engage in any other transaction concerning any or all of its rights and obligations under the contract, to the extent permitted by law.
2.3 The Carrier enters into the Contract both on its own behalf and as an agent for and trustee of its servants and agents, as well as all other carriers mentioned in clause 2.2 and the respective servants and agents of such carriers. In every mention of “the Carrier” in these Conditions, it is to be construed as encompassing every such carrier, servant, and agent. This is with the intention that they shall have the benefit of the Contract and collectively and together with the Carrier be under no greater liability to the Customer or any other party than is the Carrier hereunder.
2.4 Despite the provisions of Condition 2.3, the transportation of any Consignment by rail, sea, inland waterway, or air is facilitated by the Carrier acting as an agent of the Customer. This transportation is subject to the terms and conditions set forth by the rail, shipping, inland waterway, or air carrier contracted to transport the Consignment. The Carrier bears no liability whatsoever, under any circumstances, arising in connection with such carriage. It is explicitly stated that when the Consignment is transported partially by road and partially by another means of transport, any loss, damage, or delay is presumed to have occurred during the road transportation unless evidence to the contrary is presented by the Carrier.
3.1 In the event that the Customer fails to provide written and advance disclosure that a consignment includes Dangerous Goods, the Carrier reserves the right to terminate the contract. Should the Carrier agree to transport any disclosed Dangerous Goods, the Customer is obligated to organise and guarantee that the Dangerous Goods are appropriately classified, packed, marked, labelled, and documented in accordance with all relevant statutory regulations governing the road carriage of the declared substance.
4.1 Unless otherwise specified in a written agreement, the Customer bears the responsibility for loading the goods onto the vehicle and for the consignee’s unloading process. The Carrier disclaims any liability for loss or damage to the goods resulting from loading or unloading, overloading of the vehicle, or unsafe loading practices. The Carrier, at its discretion, may provide assistance in loading or unloading upon the Customer’s, Consignee’s, or their Agents’ request. The Customer is obligated to indemnify the Carrier against any loss, damage, death, or injury occurring during loading or unloading operations, regardless of whether such incidents are attributed to the Carrier’s negligence, its agents, or servants.
4.2 The Customer is responsible for ensuring that any cranes, forklift trucks, slings, chains, or other equipment utilised in loading or unloading the vehicle are appropriate for the intended purpose. The Customer agrees to indemnify the Carrier against any and all repercussions arising from the failure or unsuitability of such equipment.
4.3 The Customer is obligated to guarantee that there is sufficient access to both the loading and unloading points. Additionally, the Customer must ensure that the roadways connecting to and from the public highway are constructed of suitable material. Unloading is to occur on a sturdy, stable surface, ensuring there is ample space to safely load or unload the vehicle.
4.4 The Carrier holds no liability for any loss or damage, regardless of the cause, if the Carrier’s personnel are directed by the Customer, Consignee, or their servants or agents to render services in an area that does not adhere to the conditions outlined in Clause 4.3 above. This is applicable irrespective of whether such instructions contravene the recommendations of the Carrier or its personnel.
4.5 The Customer is obligated to indemnify the Carrier against any liability, loss, or damage incurred, including but not limited to damage to the Carrier’s vehicle, as a consequence of the Carrier’s personnel adhering to the instructions provided by the Customer, Consignee, or their servants or agents.
4.6 Upon request, the Customer shall provide the Carrier with details of any risk assessments conducted at the collection and/or delivery addresses. It is the responsibility of the Customer, and not the Carrier, to undertake such risk assessments.
The Customer warrants that:
5.1 The Consignment must not and will not: result in environmental pollution or pose a threat to human health; necessitate any official consent or licence for handling, possession, dealing, or transportation; at any point while under the custody or control of the Carrier, be classified as waste (unless expressly informed otherwise); and the Consignment must be of a nature that is legally transportable in the United Kingdom.
5.2 It shall adhere to, and shall ensure that all its agents, employees, and subcontractors also adhere to any reasonable regulations stipulated by the Carrier concerning handling, health and safety, and security, of which they have been duly notified.
5.3 It agrees to provide the Carrier with any information and materials that the Carrier may reasonably need to fulfil its obligations under the Contract. The Customer further undertakes to ensure that the provided information is comprehensive and accurate in all material respects.
5.4 If the Carrier’s execution of any of its obligations under the Contract is impeded, obstructed, or delayed by any action or inaction on the part of the Customer or by any failure on the part of the Customer to fulfil any pertinent obligation (Customer Default), then:
5.4.1 Without limiting or impacting any other right or remedy at its disposal, the Carrier is entitled to suspend the execution of its obligations until the Customer rectifies the Customer Default. The Carrier may invoke the Customer Default as a basis for being exempted from performing any of its obligations, to the extent that the Customer Default obstructs, hinders, or delays the Carrier’s fulfilment of any of its obligations.
5.4.2 The Carrier shall not be liable for any costs or losses incurred by the Customer, whether directly or indirectly, due to the Carrier’s failure to perform or delay in performing any of its obligations as outlined in this condition 5.4; and
5.4.3 Upon written demand, the Customer shall reimburse the Carrier for any costs or losses suffered or incurred by the Carrier, whether directly or indirectly, due to the Customer Default.
6.1 Upon request, the Carrier shall sign a document or electronic record, as prepared by the Customer or its agents, acknowledging the receipt of the Consignment. However, the responsibility of verifying the condition of the Consignment and/or detailing its nature, quantity, quality, or weight at the time of such receipt shall lie with the Customer.
7.1 Unless explicitly agreed otherwise between the parties, the transit shall commence once the Consignment has departed from the location where it is collected.
7.2 Transit shall conclude (unless terminated earlier) upon the Consignment’s arrival at the designated delivery location, namely the Consignee’s address, during the customary cartage hours of the district, subject to the following conditions:
7.2.1 In the absence of safe and adequate access or unloading facilities at the Consignee’s address, transit shall be considered terminated one clear day after notices (sent by letter, telephone, fax, email, or any other mutually agreed method of communication) indicating the arrival of the Consignment at the premises have been dispatched to the Consignee or the Customer.
7.2.2 In any other circumstances where a Consignment cannot be delivered, or when a Consignment is held by the Carrier based on instructions such as ‘to await order’ or ‘to be kept till called for,’ and if no such order is given within a reasonable time or the Consignment is not called for and removed within a reasonable time, transit shall likewise be considered terminated at the conclusion of that reasonable time.
7.3 The Customer assumes sole responsibility for the Consignment at all times when it is not in transit.
8.1 In the event that either of the conditions specified in Clause 7.2 operates, resulting in the deemed termination of transit, the Carrier reserves the right to sell the Consignment. Upon such sale, payment or tender of the proceeds to the Customer, following the deduction of all appropriate charges and expenses related to the sale, as well as any outstanding charges pertaining to the carriage and storage of the Consignment, shall absolve the Carrier from any liability regarding the said Consignment, its transportation, and storage:
Provided that:
8.1.1 The Carrier shall make reasonable efforts to secure a fair price for the Consignment; and
8.1.2 The power of sale shall not be exercised if the name and address of the Customer, the Consignee, or the owner of the Consignment, or any other person with a proprietary or possessory interest in it, is known. However, in such cases, the Carrier shall first undertake reasonable efforts to notify these individuals that the Consignment will be sold unless, within the time specified in the notice (a reasonable time given the circumstances), the Consignment is retrieved or instructions for its disposal are provided.
9.1 The charges of the Carrier shall be settled by the Customer, without waiving any rights that the Carrier may have against the Consignee or any other party to secure or receive payment. However, in the case where a Consignment is consigned ‘carriage forward,’ the Customer is not obliged to make payment of such charges unless the Consignee, within a reasonable period following the demand for payment, neglects to settle the carrier charges.
9.2 Charges must be settled promptly as they become due, without any deduction or deferral on account of any claim, counterclaim, or set-off. In the event of the Customer’s insolvency or if any amounts owed by the Customer to the Carrier are overdue for payment, all previously agreed credit terms shall be immediately revoked, and all outstanding payments and sums owed (whether due or not) shall become immediately payable. The Late Payment of Commercial Debts (Interest) Act 1998, as amended, shall apply to all sums due from the Customer.
9.3 The Carrier will make reasonable efforts to secure a signed proof of delivery of the Consignment from the Consignee, unless an alternative agreement is reached with the Customer. However, the Customer shall not withhold payment in cases where the Carrier is unable to furnish proof of delivery unless the Carrier receives notification of non-delivery within 24 hours after the anticipated delivery time, and subsequently, the Carrier is unable to substantiate proof of delivery.
9.4 The Customer is obligated to pay the Carrier any storage charges arising from the exercise of its lien in accordance with clause 15 below.
9.5 In the event of the Contract being cancelled at any time, the Customer is liable to pay the Carrier all costs and expenses incurred by the Carrier prior to such cancellation.
10.1 The Customer is considered to have chosen to accept the terms outlined in 10.2 of this Condition unless, before the commencement of transit, the Customer has expressly agreed in writing that the Carrier shall not be held liable for any loss, mis-delivery, or damage to, or in connection with, the Consignment, regardless of the cause or time it occurs. This includes situations where the loss, mis-delivery, or damage is directly or indirectly caused or contributed to by any act, omission, neglect, default, or other wrongdoing on the part of the Carrier, its servants, agents, or subcontractors.
10.2 Subject to these Conditions the Carrier shall be liable for:
10.2.1 Physical loss, mis-delivery, or damage to living creatures, bullion, money, securities, stamps, precious metals, or precious stones forming part of the Consignment is covered only if:
10.2.1.1 The Carrier has explicitly consented in writing to transport any of the mentioned items; and
10.2.1.2 The Customer has, in writing, agreed to indemnify the Carrier for all additional costs incurred due to the transportation of the specified items; and
10.2.1.3 The loss, mis-delivery, or damage occurs during transit and is established to be a result of the negligence of the Carrier, its servants, agents, or subcontractors.
10.2.2 Physical loss, mis-delivery, or damage to any goods not covered by subclause 10.2.1 is covered.
10.2.1 above that are part of the Consignment, except in cases arising from a Force Majeure Event.
10.2.3 The term “Force Majeure Event” refers to any act(s), event(s), circumstance(s), or cause(s) whose occurrence is beyond the reasonable control of the Carrier, encompassing but not limited to:
10.2.3.1 Act of God, riot, civil commotion, strike, lockout, general or partial stoppage, or restraint of labour for any cause, war, act of terrorism, seizure, or forfeiture under legal process, government restraint.
10.2.3.2 Mistake, action, omission, false statement, or misrepresentation by the Customer, the owner of the Consignment, or any of their servants or agents;
10.2.3.3 Natural reduction in bulk or weight, design flaws, hidden defects, inherent characteristics, or natural deterioration of the Consignment;
10.2.3.4 Any special handling needs concerning the Consignment that were not communicated to the Carrier;
10.2.3.5 Inadequate or improper packaging, labelling, or addressing, unless the Carrier has explicitly agreed to offer such services;
10.2.3.6 Fire, flood, storm, earthquake, pandemic, or epidemic;
10.2.3.7 Traffic congestion, road accidents, delays encountered at delivery locations, absence of delivery instructions from the Customer, vehicle breakdown;
10.3 Under no circumstances shall the Carrier be held liable for any loss or damage occurring after the termination of transit as defined in Condition 7.2 herein, irrespective of whether such loss or damage is directly or indirectly caused or contributed to by any act, omission, neglect, default, or other wrongdoing on the part of the Carrier, its servants, agents, or subcontractors.
11.1 The Carrier shall not be liable under any circumstances for a Consignment in cases involving fraud by the Customer, the Consignee, or the owner of the Consignment, or their servants or agents, unless the Carrier or any of its servants, acting in the course of employment, has been involved in that fraudulent activity.
12.1 Unless stated otherwise in these Conditions, the Carrier’s liability for claims related to physical loss, misdelivery, or damage to goods forming part of the Consignment, regardless of the cause, shall always be restricted to the lower of:
12.1.1 The value of the goods that were actually lost or misdelivered at the designated delivery location; or the depreciation in value of damaged goods due to the inflicted damage; or
12.1.2 The cost of replacing the goods that were actually lost or misdelivered and/or the expenses related to reconditioning or repairing any damage to the goods; or
12.1.3 A sum calculated at the rate of £1,300 Sterling per tonne based on the gross weight of the goods that were actually lost, misdelivered, or damaged. The value of the goods that were actually lost, misdelivered, or damaged shall be considered as their invoice value if they have been sold. Otherwise, it shall be deemed as the replacement cost to the owner at the initiation of transit, inclusive of any Customs and Excise duties or taxes payable for those goods. However, this provision is subject to:
12.1.3.1 In instances of loss, misdelivery, or damage to a part of the Consignment, only the gross weight of that specific part shall be considered in determining the amount to which the Carrier’s liability is limited. This applies irrespective of whether the loss, misdelivery, or damage impacts the value of other parts of the Consignment.
12.1.3.2 This Condition shall not restrict the liability of the Carrier to an amount less than £10.
11.1.3.3 The Carrier reserves the right to demand evidence regarding the weight and value of the entire Consignment, as well as any part thereof that has been lost, misdelivered, or damaged.
12.1.3.4 The Customer has the right to provide written notice to the Carrier, to be delivered at least seven days before the start of transit, requesting an increase in the £1,300 per tonne limit specified in 11.1.3 (provided it does not exceed the value of the Consignment). In the event of such notice, the Customer must engage in negotiations with the Carrier to determine an increased limit, and this should be accompanied by an agreement to adjust the carriage charges accordingly. If no mutual agreement can be reached, the aforementioned £1,300 per tonne limit will persist.
12.2 The Carrier’s liability for any other forms of loss, liability, or damage connected to the Consignment shall be limited to the lower of the carriage charges for the Consignment or the proven loss of the claimant, unless:
12.2.1 At the initiation of the Contract with the Carrier, if the Customer communicates to the Carrier a specific interest in preventing physical loss, misdelivery, or damage to the Consignment, and/or a particular interest in timely delivery within a designated period, with a commitment to pay an agreed surcharge linked to the declared value of that interest or interests, and
12.2.2 If, a minimum of 7 days before the initiation of transit, the Customer provides written confirmation to the Carrier regarding the declared value of any special interest, the agreed time limit, and their commitment to pay the agreed surcharge as determined with the Carrier.
12.3 The Carrier will not be considered in violation of the Contract, nor held liable for any delays or failure to fulfil its obligations under the Contract if such delays or failure are attributed to a Force Majeure Event.
12.4 The Carrier completely excludes the following types of loss or damage, and under no circumstances will they be eligible for compensation:
12.4.1 loss of profits;
12.4.2 loss of sales or business;
12.4.3 loss of agreements or contracts;
12.4.4 loss of anticipated savings;
12.4.5 loss of use of, or corruption of, software, data or information;
12.4.6 loss of or damage to goodwill;
12.4.7 indirect or consequential loss;
12.4.8 Any fine imposed on the Customer by the Consignee or its customer.
The Customer shall indemnify the Carrier against:
13.1 All losses, liabilities, and costs incurred by the Carrier, including but not limited to those arising from loss or damage to the transporting vehicle or other goods carried, are the responsibility of the Customer. This responsibility is attributed to any breach of these Conditions by the Customer or any party for whom it has contracted. Additionally, it extends to errors, omissions, misstatements, or misrepresentations by the Customer or the owner of the Consignment or by any servant or agent of either party. The Carrier may incur such costs due to insufficient or improper packaging, labelling, or addressing of the Consignment. This liability also encompasses instances of fraud committed by the Customer, the Consignee, or the owner of the Consignment, or their servants or agents (as specified in condition 11).
13.2 The Customer shall be responsible for all losses, liabilities, and costs arising from claims and demands, regardless of the claimant and the cause of action (including, but not limited to, claims alleging negligence or conversion, or by H.M. Revenue and Customs in respect of dutiable goods, or arising from the carriage of Dangerous Goods). Such responsibility extends to amounts exceeding the Carrier’s liability under these Conditions for the relevant loss or damage. This applies whether or not the loss or damage was directly or indirectly caused or contributed to by any act, omission, neglect, default, or other wrongdoing on the part of the Carrier, its servants, agents, or Subcontractors.
14.1 The Carrier shall not be liable for:
14.1.1 Physical loss, misdelivery, or non-delivery, or physical damage to goods forming part of the Consignment shall not be the responsibility of the Carrier unless notified in writing within seven days after the conclusion of transit or the anticipated termination date of transit.
14.1.2 Any other form of loss shall not be attributed to the Carrier unless notified in writing within seven days after the completion of transit or the anticipated termination date of transit.
14.2 Provided that if the Customer proves that;
14.2.1 It was not reasonably possible for the Customer to inform the Carrier or file a claim in writing within the applicable time limit, and
14.2.2 The advice or claim was communicated or submitted within a reasonable period after the point at which it became reasonably feasible for the Customer to inform the Carrier or file a written claim, The Carrier shall not benefit from the liability exclusion granted by this condition.
14.3 The Carrier shall, in any circumstance, be relieved of all liabilities, regardless of the cause or manner of occurrence, related to the Consignment unless legal action is initiated within one year from the commencement date of transit.
14.4 When calculating time for any period specified in these Conditions, if the period is seven days or less, Saturdays, Sundays, and all statutory public holidays shall be excluded.
15.1 The Carrier shall have:
15.1.1 a specific lien on the Consignment for all charges owed to the Carrier for the carriage, storage, and/or warehousing of the Consignment, as well as for all other appropriate charges or expenses related to the handling of the Consignment, and
15.1.2 a broad lien on the Consignment for any amounts that are outstanding and unpaid by the Customer, the owner of the Consignment, or any other individual with a proprietary or possessory interest in it, the Consignee, or any agent of those individuals, on any invoice, account, or contract whatsoever.
15.2 In the event the Carrier enforces a lien, and the appropriate payment is not received within 14 days after providing notice that the payment is due as per condition 8.1.2 above, the Carrier may act as an agent to sell the Consignment or any portion of it. The proceeds will be applied to any outstanding sums, as well as the costs associated with the retention, storage, insurance, and sale of the Consignment. After accounting for any remaining balance to the Customer, the Carrier shall be released from all liabilities related to the Consignment.
15.3 The Carrier retains the right to enforce its lien either on its own behalf or as an agent for any assignee of its invoices, at its sole discretion, at any time and place, irrespective of whether the contractual carriage has been concluded. These Conditions shall remain applicable during the exercise of such lien.
15.4 If the Consignment is not exclusively owned by the Customer, the Customer affirms that it holds the authority from all individuals with a proprietary or possessory interest in the Consignment to confer upon the Carrier the liens as outlined in 15.1 above. The Customer is obligated to indemnify the Carrier against all claims and demands that the Carrier may face, alleging that the Customer lacked such authority.
16.1 The Customer is responsible for paying Demurrage, without waiving any right that the Carrier may have against any other party concerning any improper, excessive, or unreasonable detention of any vehicle, trailer, container, or other equipment owned by or under the control of the Carrier.
17.1 Each party commits to not disclose any confidential information related to the business, affairs, customers, clients, or suppliers of the other party to any person, except as allowed by these conditions.
17.2 Each party is permitted to disclose the confidential information of the other party:
17.2.1 to its employees, officers, representatives, subcontractors, or advisers who require such information for fulfilling the party’s legal obligations; and
17.2.2 as compelled by law, a court of competent jurisdiction, or any governmental or regulatory authority.
18.1 Unless expressly agreed otherwise in writing, English law shall govern the Contract and any dispute arising under or in connection with it. Each party unequivocally agrees that such disputes shall be exclusively subject to the jurisdiction of the English courts.
These conditions are the intellectual property of the British International Freight Association (BIFA) and are solely for the use by current BIFA members.
THESE CONDITIONS CONTAIN PROVISIONS WHICH EXCLUDE OR LIMIT THE COMPANY’S LIABILITY (CLAUSE 26) AND REQUIRE THE CUSTOMER TO INDEMNIFY THE COMPANY (CLAUSE 20) AND WHICH PROVIDE TIME LIMITS FOR BRINGING CLAIMS (CLAUSE 27).
1 In these Conditions the following words shall have the following meanings:
“Company” the BIFA member trading under these Conditions
“Conditions” Clauses 1 to 28 of these Standard Trading Conditions
“Consignee” the Person to whom the Goods are consigned, and whether or not that Person is named as Consignee on any carriage document
“Customer” any Person at whose request or on whose behalf the Company provides advice, information or Services or with whom the Company contracts and regardless of whether that Person is required to make any payment to the Company
“Goods” any goods which are the subject of Services provided by the Company
“LMAA” the London Maritime Arbitrators Association
“Owner” the owner of the Goods or Transport Unit and any other Person who is or may become interested in them
“Person” natural person(s) or any body or bodies corporate
“SDR” are Special Drawing Rights as defined by the International Monetary Fund
“Services” All activities undertaken, offered or procured by the Company in the course of its business, whether gratuitous or for reward
“Transport Unit” packing case, pallets, container, trailer, tanker, or any other device used whatsoever for and in connection with the storage or carriage of Goods by land, sea, rail or air
2 (A) Subject to sub-clause (B) below, all Services are undertaken subject to these Conditions.
(B) If any legislation, to include regulations and directives, is compulsorily applicable to any Services undertaken, these Conditions shall, as regards such Services, be read as subject to such legislation, and nothing in these Conditions shall be construed as a surrender by the Company of any of its rights or immunities or as an increase of any of its responsibilities or liabilities under such legislation, and if any part of these Conditions be repugnant to such legislation to any extent, such part shall as regards such Services be overridden to that extent and no further.
3 The Customer warrants that they are either the Owner, or are authorised by the Owner to contract for the Owner on the terms of these Conditions.
4 Subject to clauses 11 and 12 below, the Company shall be entitled to procure any or all of the Services as an agent for the Customer, or, to provide Services as a principal. When the Company contracts as a principal for any Services, it shall have full liberty to perform such Services itself, or, to subcontract on any terms whatsoever, the whole or any part of such Services.
5 The Company has complete discretion as to the means, route and procedure to be followed in the performance of any Services.
6 When the Company acts as an agent on behalf of the Customer, the Company shall be entitled to enter into all and any contracts on behalf of the Customer on such terms as may be necessary or desirable to fulfil the Customer’s instructions. Upon a request by the Customer, the Company shall provide evidence of any contract entered into as agent for the Customer.
7 (A) Unless otherwise agreed in writing between the Customer and Company, in all and any dealings with HM Revenue & Customs by the Company on behalf of the Customer:
(i) where permitted under the Taxation (Cross-border Trade) Act 2018, the Customer empowers the Company to act as a direct customs agent; and
(ii) in all other cases the Customer empowers the Company to act as an indirect customs Agent.
(B) In all cases the Company may appoint a sub-agent to act on behalf of the Customer.
8 (A) Subject to sub-clause (B) below, the Company:
(i) has a general lien on all Goods and documents relating to Goods in its possession, custody or control, whether such Goods or documents be located within or outside the United Kingdom, for all sums due at any time to the Company from the Customer and/or Owner on any account whatsoever, whether relating to Goods belonging to, or Services provided by or on behalf of the Company to the Customer or Owner. Storage charges shall continue to accrue on any Goods detained under lien;
(ii) shall be entitled, on at least 7 days’ notice in writing to the Customer, to sell or dispose of or deal with such Goods or documents as agent for, and at the expense of, the Customer or Owner and apply the proceeds in or towards the payment of such sums;
(iii) shall, upon accounting to the Customer or Owner for any balance remaining after payment of any sum due to the Company, and for the cost of sale and/or disposal and/or dealing including legal costs and reasonable compensation for internal management time, be discharged of any liability whatsoever in respect of the Goods or documents.
(B) When the Goods are liable to perish or deteriorate, or where charges incurred in relation to rent and/or storage are likely to exceed the likely sale value, the Company’s right to sell or dispose of or deal with the Goods shall arise immediately upon any sum becoming due to the Company, subject only to the Company taking reasonable steps to bring to the Customer’s attention its intention to sell or dispose of the Goods before doing so.
9 Whether acting as an agent or a principal the Company shall be entitled to retain and be paid all brokerages, commissions, allowances and other remunerations customarily retained by, or paid to, freight forwarders.
10 (A) Should the Customer, Consignee or Owner of the Goods fail to take delivery at the appointed time and place when and where the Company is entitled to deliver, the Company shall be entitled to store the Goods, or any part thereof, at the sole risk of the Customer and/or Consignee and/or Owner, whereupon the Company’s liability in respect of the Goods, or that part thereof, stored as aforesaid, shall wholly cease. The Company’s liability, if any, in relation to such storage, shall be governed by these Conditions. All costs incurred by the Company as a result of the failure to take delivery shall be deemed as freight earned, and such costs shall, upon demand, be paid by the Customer or Owner.
(B) The Company shall be entitled at the expense of the Customer to dispose of or deal with the Goods (by sale or otherwise) as may be reasonable in all the circumstances:
(i) after at least 7 days’ notice in writing to the Customer, or (where the Customer cannot be traced and reasonable efforts have been made to contact any parties who may reasonably be supposed by the Company to have any interest in the Goods) without notice, any Goods which have been held by the Company for 14 days and which cannot be delivered as instructed; and
(ii) without prior notice, any Goods which are comprised within groupage and/or consolidated loads or have perished, deteriorated, or altered, or are in immediate prospect of so doing, such that they may cause or may reasonably be expected to cause loss or damage to the Company, or third parties, or to contravene any applicable laws or regulations.
11 (A) No insurance of the Goods will be arranged by the Company unless clearly stated instructions are given in writing by the Customer and accepted by the Company. Any insurance arranged by the Company shall be placed with insurers on the usual exceptions and conditions of cargo insurance policies and may be declared on any policy available to the Company;
(B) Where the Company agrees to arrange insurance on the Goods, the Company acts as agent for the Customer and shall be entitled to a reasonable arrangement fee and/or commission. The limits of liability under clause 26(A) of these conditions shall not apply to the Company’s obligations under clause 11.
12 (A) Unless otherwise agreed in writing by an officer of the Company, any instructions relating to the delivery or release of the Goods in specified circumstances (such as, but not limited to, against payment or against surrender of a particular document) are accepted by the Company, where the Company has to engage third parties to effect compliance with the instructions, only as agents for the Customer;
(B) Despite the acceptance by the Company of instructions from the Customer to collect freight, duties, charges, dues, or other expenses from the Consignee, or any other Person, on receipt of evidence of proper demand by the Company, and, in the absence of evidence of payment (for whatever reason) by such Consignee, or other Person, the Customer shall remain responsible for such freight, duties, charges, dues, or other expenses;
(C) The Company shall not be under any liability in respect of such arrangements as are referred to under sub-clauses (A) and (B) hereof save where such arrangements are made in writing, and in any event, the Company’s liability in respect of the performance of, or arranging the performance of, such instructions shall not exceed the limits set out in clause 26(A)(ii) of these conditions.
13 Advice and information, in whatever form it may be given, is provided by the Company for the Customer only. The Customer shall indemnify the Company against all loss and damage suffered as a consequence of passing such advice or information on to any third party.
14 Without prior agreement in writing by an officer of the Company so authorised, the Company will not accept or deal with Goods that require special handling regarding carriage, handling, or security whether owing to their thief attractive nature or otherwise including, but not limited to bullion, currency, securities, precious stones, jewellery, valuables, antiques, pictures, human remains, living creatures, plants. Should any Customer nevertheless deliver any such goods to the Company, or cause the Company to handle or deal with any such Goods, otherwise than under such prior agreement, the Company shall have no liability whatsoever for or in connection with the Goods, howsoever arising.
15 Except pursuant to instructions previously received in writing and accepted in writing by the Company, the Company will not accept or deal with Goods of a dangerous or damaging nature, nor with Goods likely to harbour or encourage vermin or other pests, nor with Goods liable to taint or affect other goods. If such Goods are accepted pursuant to a special arrangement, but, thereafter, and in the opinion of the Company, constitute a risk to other goods, property, life or health, the Company shall, where reasonably practicable, contact the Customer in order to require it to remove or otherwise deal with the Goods, but reserves the right, in any event, to do so at the expense of the Customer.
16 Where the Company agrees to accept dangerous goods in accordance with clause 15, the Customer shall be responsible for complying with all applicable laws, regulations and codes of practice, including but not limited to the provision of correctly completed dangerous goods notes, proper labelling and marking of goods and ensuring that the Goods are packaged as necessary. Where a Person other than the Customer has a legal liability to perform any function in respect of dangerous goods then the Customer shall be liable to the Company for the consequences of any breach by that Person.
17 Without prejudice to any rights under clause 15, where the Customer delivers to the Company, or causes the Company to deal with or handle Goods of a dangerous or damaging nature, or Goods likely to harbour or encourage vermin or other pests, or Goods liable to taint or affect other goods, whether declared to the Company or not, the Customer shall be liable for all loss or damage arising in connection with such Goods, and shall indemnify the Company against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith, and the Goods may be dealt with in such manner as the Company, or any other person in whose custody they may be at any relevant time, shall think fit.
18 The Customer warrants:
(A) that the following (furnished by or on behalf of the Customer) are full and accurate: the description and particulars of any Goods including correct customs commodity codes; any information furnished (including but not limited to, the nature, gross weight, gross mass (including the verified actual gross mass of any container packed with packages and cargo items), and measurements of any Goods); and the description and particulars of any services required by or on behalf of the Customer are full and accurate;
(B) that any Transport Unit and/or equipment supplied by the Customer in relation to the performance of any requested service is fit for purpose;
(C) that all Goods have been properly and sufficiently prepared, packed, stowed, labelled and/or marked, and that the preparation, packing, stowage, labelling and marking are appropriate to any operations or transactions likely to affect the Goods and the characteristics of the Goods;
(D) that where the Company receives the Goods from the Customer already stowed in or on a Transport Unit, the Transport Unit is in good condition, and is suitable for the carriage to the intended destination of the Goods loaded therein, or thereon;
(E) that where the Company provides the Transport Unit, on loading by the Customer, the
Transport Unit has been carefully examined and that the Customer is satisfied that it is in good condition, and is suitable for the carriage to the intended destination of the Goods loaded therein, or thereon;
(F) where the Company provides assistance to the Customer in relation to the completion and/ or submission of any entries, declarations or similar, whether related to customs formalities, veterinary requirements, transit bonds, excise formalities, security or safety declarations or any other statement, declaration or entry of similar nature related to the Goods and their movement, the Customer shall provide complete, factual and accurate data as required by the Company or their agents and fulfil its legal obligations;
(G) where the Company is instructed to make a customs entry on the basis that import VAT is to be postponed, the Customer warrants that they are entitled to postpone VAT and will comply with all related regulatory requirements;
(H) that the value of the Goods and the nature of the transaction by which the Goods are being imported/exported is fully and accurately described to the Company and that any commercial invoice reflecting the value of the Goods is an invoice issued by a true seller to a true buyer reflecting the real sum payable;
(I) unless disclosed in writing to the Company neither the Goods, the Customer, the Owner nor any Person connected with the carriage of Goods are the subject of any trade sanctions or restrictions imposed by the UK, the EU, the USA or any other government or authority.
19 The Customer undertakes that no claim shall be made against any director, servant, or employee of the Company which imposes, or attempts to impose, upon them any liability in connection with any Services, and, if any such claim should nevertheless be made, to indemnify the Company against all consequences thereof.
20 The Customer shall indemnify the Company for:
(A) all charges, costs and expenses whatsoever (including but not limited to quay rent, demurrage or storage charges, duties, taxes, imposts, levies, deposits and outlays of whatsoever nature levied in relation to the Goods) arising out of the Company acting in accordance or in connection with the Customer’s instructions, and any liability, loss or damage arising from any breach by the Customer of any warranty or other obligation contained in these Conditions, or from the negligence of the Customer;
(B) any liability assumed, or incurred by the Company when, by reason of carrying out the Customer’s instructions, the Company has become liable to any other party;
(C) all claims, costs and demands whatsoever and by whomsoever made or preferred, in excess of the liability of the Company under the terms of these Conditions, regardless of whether such claims, costs, and/or demands arise from, or in connection with, the breach of contract, negligence or breach of duty of the Company, its servants, sub-contractors or agents.
21 (A) The Customer shall pay to the Company in cash, or as otherwise agreed, all sums when due, immediately and without reduction or deferment on account of any claim, counterclaim or set-off. Where the Customer makes a payment to the Company without providing instructions for the allocation of that payment then the Company has complete discretion as to the allocation and the allocation made by the Company shall be final and binding;
(B) Where the Company offers the Customer any period of credit in relation to the payment of sums payable to the Company, any such credit may be varied or withdrawn at the Company’s absolute discretion with immediate effect upon written notice;
(C) In the event of any failure by the Customer to make full and punctual payment of any sum payable to the Company (in accordance with clause 21(A) above) any and all other sums properly earned by and/or otherwise due to the Company (but which, but for this clause
21(C), would otherwise not yet be payable by the Customer, whether by virtue of an agreed credit period or otherwise) shall become immediately payable in full in accordance with clause 21(A);
(D) Unless otherwise agreed in writing the Customer shall be absolutely barred from challenging the value of any invoice issued by the Company unless it gives written notice of the basis for the dispute before the later of (a) the date that the invoice became due for payment; or (b) 30 days from the invoice being delivered and that part of the invoice that cannot reasonably be disputed is paid within the date that the invoice became due for payment;
(E) The Late Payment of Commercial Debts (Interest) Act 1998, as amended, shall apply to all sums due from the Customer.
22 Where a security demand is made for general average or salvage in respect of a Customer’s Goods, the Customer shall promptly provide security in a form reasonably required by the Company or any carrier or salvor and the Customer shall indemnify the Company for any liability incurred by the Company in the nature of general average or salvage related to the Customer’s Goods.
23 The Company shall perform its duties with a reasonable degree of care, diligence, skill and judgment.
24 The Company shall be relieved of liability for any loss or damage if, and to the extent that, such loss or damage is caused by:
(A) strike, lock-out, stoppage or restraint of labour, the consequences of which the Company is unable to avoid by the exercise of reasonable diligence; or
(B) any cause or event which the Company, by the exercise of reasonable diligence, is unable to avoid and the consequences of which it is unable to prevent.
25 Unless it is expressly agreed in writing that the provisions of this clause 25 shall not apply, the Company has no liability for a failure to adhere to agreed departure or arrival dates of Goods, regardless of the cause.
26 (A) The Company’s liability howsoever arising and including negligence and notwithstanding that the cause of loss or damage may be unexplained, shall not exceed:
(i) in the case of claims arising out of loss or damage to Goods (including arising out of misdelivery), the lesser of:
(a) the value of any Goods lost or damaged; or
(b) a sum at the rate of 2 SDR per kilo of the gross weight of the Goods lost or damaged.
(ii) subject to the provisions of clauses 26(B) to (D) in the case of all other claims, the lesser of:
(a) the value of any loss of the Customer; or
(b) a sum equivalent to 2 SDR per kilo of the weight of the Goods which were the subject of the Services giving rise to the claim; or
(c) 75,000 SDR.
(iii) With respect to clause
26(A)(ii) where the Customer has two or more claims that arise out of a breach or a series of breaches that are repetitions of or represent the continuation of the original breach the Company’s total liability arising therefrom shall not exceed 75,000 SDR in a calendar year. A calendar year shall start on the date that the first breach occurs. For the purposes of clause
26(A), the value of the Goods shall be their value when they were, or should have been, received for shipment or storage by or on behalf of the Company. The value of SDR shall be calculated as at the date when the claim is received by the Company in writing.
(B) The Company’s liability for loss or damage as a result of failure to deliver, or arrange delivery of goods, in a reasonable time, or (where there is a special arrangement under clause 25) to adhere to agreed departure or arrival dates, shall not in any circumstances whatsoever exceed a sum equal to twice the amount of the Company’s charges in respect of the relevant carriage;
(C) The Company shall not in any circumstances whatsoever or howsoever caused, including negligence or mis-delivery be liable for direct or indirect loss of profit, revenue, market or use, demurrage or detention, or the consequences of delay or deviation, or for any other indirect loss or for consequential loss;
(D) On clearly stated instructions in writing declaring the commodity and its value, received from the Customer and accepted by the Company, the Company may accept liability in excess of the limits set out in sub-clause 26(A) above upon the Customer agreeing to pay the Company’s additional charges for accepting such increased liability. Details of the Company’s additional charges will be provided upon request. A declaration of value, without a specific agreement to alter the liability limits, shall never be a basis for a variation of the limits of liability herein.
27 (A) Any claim by the Customer against the Company arising in respect of any Services shall be made in writing and notified to the Company within 14 days of the date upon which the Customer became, or ought reasonably to have become, aware of any event or occurrence alleged to give rise to such claim, and any claim not made and notified as aforesaid shall be deemed to be waived and absolutely barred, except where the Customer can show that it was impossible for them to comply with this time limit, and that they have made the claim as soon as it was reasonably possible for them to do so.
(B) The Company shall in any event be discharged of all liability whatsoever and howsoever arising in respect of any Services, unless suit be brought and written notice thereof given to the Company:
(i) in the case of a claim arising out of the loss, damage, mis-delivery or delay of Goods, within nine months from the date that the Goods were delivered, or where no delivery occurred the date on which the Goods had been intended by the Company to be available for delivery;
(ii) in all other cases, within nine months from the date of the Services alleged to give rise to the cause of action against the Company, or where the Customer can show that it was impossible to comply with this time limit, within six months of the date that the Customer became aware, or acting with reasonable diligence ought to have been aware, of the event or occurrence alleged to give rise to a cause of action against the Company.
(C) For the purposes of clause 27(B)(i):
(i) where delivery of the Goods does not occur within 7 days of the Goods being available for delivery, the nine month period shall commence on the 8th day after the Goods were available for delivery; and
(ii) the date that the Company intended the Goods to be available for delivery shall be the Company’s estimated date of arrival of the Goods into the country of destination as advised to the Customer, or where there was no such date, the date upon which the vessel, vehicle or aircraft intended to deliver the Goods to the country of destination was scheduled to arrive.
28 (A) These Conditions and any act or contract to which they apply shall be governed by English law;
(B) Any dispute arising out of any act or contract to which these Conditions apply shall, save as
provided in (C) and (D) below, be subject to the exclusive jurisdiction of the English courts;
(C) Where the Company and/or a Customer are located in Scotland or Northern Ireland the Company is entitled to commence proceedings in the courts of the country where the Company or Customer is located;
(D) Notwithstanding (B) and (C) above, prior to the commencement of any court proceedings, the Company is entitled to require any dispute to be determined by arbitration, conducted as follows:
(i) where the amount claimed by the claimant is less than £400,000, excluding interest, (or such other sum as the Company and Customer may agree, and subject to (iii) below), the reference shall be to a tribunal of three arbitrators and the arbitration shall be conducted in accordance with the LMAA Intermediate Claims Procedure applicable at the date of the commencement of the arbitration proceedings;
(ii) where the amount claimed by the claimant is less than £100,000, excluding interest, (or such other sum as the Company and Customer may agree, and subject to (iii) below), the reference shall be to a sole arbitrator and the arbitration shall be conducted in accordance with the LMAA Small Claims Procedure applicable at the date of the commencement of the arbitration proceedings;
(iii) where neither (i) nor (ii) above applies, the reference shall be to three arbitrators in accordance with the LMAA Terms applicable at the date of the commencement of the arbitration proceedings.
(E) Disputes between the same parties arising out of more than one contract or act may be brought together in a single arbitration.
