Please take your time to read through the Delivery Wizard terms and conditions carefully, this will make you aware of our liability and indemnity under these terms and conditions.
In these terms, the words or phrases below will have the following meanings:-
a) “You, your” – the customer/user/sender who asks us to provide a delivery service, including any employee, agent or subcontractor acting on your behalf.
b) “We, our, us” – Texlogistics Limited (company number 10524364), trading as Delivery Wizard Limited (company number 13193209) together with its directors, employees any agents subcontractors or couriers acting on its behalf.
c) “Consignment” – any item(s) which are, may be, or are intended to be, received by us from any sender at an address for us to carry and deliver to any recipient at any other address, including packaging.
d) “Dangerous goods” – anything you may ask us to deliver that could put the health and safety of other people at risk. This includes (but is not restricted to) explosives, radioactive material, and items requiring specialist treatment or handling during transportation.
e) ”Proof of delivery” – a signature, a photo or company stamp obtained from the consignee acknowledging that the consignment has been received.
f) “Collection point” – the chosen address where the consignment is collected from by delivery wizard. The collection point is stated as ‘from’ on the booking form.
g) “Delivery Point”- the chosen address where the consignment is delivered to by delivery wizard. The delivery point is stated as ‘to’ in the booking form.
h) “Prohibited item” – any item which cannot be carried on any Service.
i) “No protection item” – a consignment that is carried without Parcel Protection for damage or loss and at your risk.
j) “Out of Gauge” – a consignment which is outside of the weight and dimension ranges that we carry on a particular Service or exceeding the weight and dimension you specified.
k) “Returned to Sender” – a consignment may be returned to the sender (our warehouse in Wakefield), if the carrier sends it back to us:
(i) you or your specified recipient did not accept receipt of that consignment;
(iii) you or your specified recipient did not pay any outstanding charges;
(iii) if the consignment is delivered and is Out of Gauge, for which you nor the recipient pay the underpayment;
(iiii) relevant cooperation has not been made by you or your specified recipient.
l) “Service” means the service and carriage of a Consignment by us in accordance with the Service Order.
m) “Service Order” means the summary of the order, which is displayed during the ordering process, which is confirmed to you in the confirmation email that we send once we have accepted your order.
n) “Sender“ The company or individual who is either a company owner/director or an authorised body within the company to process shipments.
o) “Recipient” The intended receiver of the consignment (the person or company receiving a parcel sent by the sender through www.deliverywizard.com)
p) “Damaged consignment” – A consignment that is no longer in the condition in which is received by the carrier or becomes a health and safety risk.
q) “Parcel protection/additional insurance” – Transit cover that provides the sender with additional cover against loss and/or damage. Please note that additional cover is unavailable for particular items including items in our prohibited items guide. If a prohibited item is sent, no refund will be given for this.
r) “Charges” – All charges payable by you, the customer, not limited to carriage costs. Charges may include carriage, carrier surcharges, taxes, fines, administration charges, customs taxes, duty bills, compensation premiums and any other amounts properly chargeable by Delivery Wizard Limited to the Customer in connection with each parcel delivery or imposed by regulatory bodies in relation to the consignment(s) and any other amounts payable under these terms.
s)” Shipping label” – The label, generated by the carrier and provided by delivery wizard, which is to be placed on the consignment and includes collection, delivery and consignment details.
t)”Commercial invoice” – a legal document issued by the sender (exporter) to the buyer (importer)
u) “Service Order” means the summary of the order, which is displayed during the ordering process, which is confirmed to you in the confirmation email that we send once we have accepted your order.
The website – www.deliverywizard.com
We aim to make your shipping process as easy and as automated as possible and we endeavour to make the site accessible at all times. If and when the site is down we shall not be liable for any reason if the site is inaccessible or unavailable.
You are able to use/print any shipping label or documents from the site, as long as they are not altered or modified in any way.
Any information you provide may be stored within the site. By using the site you consent to this information and data being stored.
Our obligation –
Delivery wizard will arrange shipment of the parcel/consignment(s) through a third party carrier, either chosen by the customer at the time of ordering/booking, or the most appropriate carrier for each delivery.
Delivery wizard have the right at any time to introduce remove or change any pricing service or discount without notice.
All customer services / queries must be dealt with through the delivery wizard website or via email at hello@deliverywizard.com. If the carrier is contacted directly, we may not be able to assist you and may also affect your right to make a claim with delivery wizard.
We have the right to charge you for any additional surcharges encountered by the carrier. Additional surcharges may include but are not limited to: remote area surcharge, emergency situation surcharges and rate increases. In some circumstances, these surcharges may not be shown when retrieving a quote on the delivery wizard website. If the user has paid pro-forma or via a delivery wizard account, the additional surcharges will be invoiced and if not paid legal action will be taken against the individual or the company.
There are a few postcode areas where a remote area surcharge is applicable and an additional fee occurs, there may also be an extra 1-2 days added onto the delivery timescale. This can not always be picked up on the quoting stage and we have the right to bill you for any additional fees charged to our account where this is the case.
We aim to provide you with information on our carriers terms and service along with guides to indicate which items are restricted / prohibited and we are on hand to help if and when needed, however we hold no responsibility for wrong or outdated information. If you require further information on the terms and conditions and for information on standard or enhanced cover you are able to find current information on our carriers terms and condition pages, this includes the courier requirements and terms for the right to claim for losses or damages.
Please see below for information on our partners terms and conditions
–
UPS Terms and conditions – https://www.ups.com/gb/en/support/shipping-support/legal-terms-conditions.page
DHL Express Terms and conditions – https://mydhl.express.dhl/gb/en/legal/terms-and-conditions.html
Your obligations –
As a Delivery Wizard user you agree to the below statements –
- To ensure all information supplied for the order is accurate and complete, including but not limited to –
the number of parcels sent in the consignment, sizes and weight of parcel/consignment, addresses, sender and recipient contact details, tax/EORI identification’s, duty terms for international shipments, parcel contents and parcel value.Failure to provide this information correctly may result in delay in transit, loss, destruction of goods, return to sender address, If any additional costs are incurred by delivery wizard due to the incorrect information being inputted, it will be the customers responsibility to cover these costs. - To package the consignment correctly, as per the carrier guidelines. If the parcel is not packaged correctly by the sender, delivery wizard have the right to refuse the consignment or any claims for that consignment based on the packaging. To claim on your behalf we must receive photographic proof of the condition of the shipment prior to collection, along with the shipping label intact and placed on the consignment.
- The sender will not cause us to carry anything illegal or deemed as prohibited, in the event of any fines or legal matters the sender/booker will be liable.
- That the goods sent are your property or are property of the company you are arranging the shipment for.
You agree that any quoted rates may change if the characteristics of the actual shipment differ from those reported by you such as: weight, dimension, commodity or any other conditions not accurately described at the time the shipment is processed.
When you book a shipment through Delivery Wizard you shall ensure that the terms of the shipment and any information provided are complete and accurate and you shall cooperate with Delivery Wizard and relevant courier in all matters relating to the shipment.
If you fail to comply with the above, Delivery Wizard and/or the relevant courier shall, without limiting any other rights or remedies, have the right to suspend any and all shipments until you remedy the fault, and we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from the failure or delay of the shipment. You shall reimburse us on written demand for any costs or losses sustained or incurred arising directly or indirectly from any such default.
Delivery Wizard Limited – Terms and Conditions of Carriage 2024 (effective January 2024)
Please note that the customer will not in all circumstances be entitled to compensation, or to full compensation for any loss and maybe subject to certain obligations and indemnities. The customer should therefore seek professional advice as to appropriate insurance cover to be maintained whilst consignments are in transit.
(hereinafter referred to as the ‘carrier’) is not a common carrier and accepts goods for carriage only upon that condition and on the conditions set out below (the conditions).
No servant or agent of the carrier is permitted to adjust and amend these conditions in any way unless authorised to do so in writing by a director or agreed partner of the carrier, or by another person separately authorised by such a person in writing. If any provision or part provision of these conditions is or becomes invalid, illegal or unenforceable, it should be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part provision shall be deemed deleted. Any modification to or deletion of the provision or part provision under this clause shall not affect the validity and enforceability of the rest of these conditions. These conditions apply to the contract to the exclusion of any other terms that the customer seeks to impose, have agreed or incorporate, and to the exclusion of any terms which might be implied by trade, custom, practice, or cause of dealing. It is clearly stated to be the customers responsibility to read and understand these conditions which will form the basis of the contract of which any claims or disputed are settled. Customers are recommended to take professional advice and must arrange adequate insurance to provide full cover for the consignment, and any liabilities that they may be under in respect of it, when the consignment is in transit.
1 . Definitions
In these conditions:
“Customer” means the person or company who contracts for the services of the carrier, including any other carrier who gives a consignment to the carrier for carriage.
“Contract” means the contract of carriage between the customer and carrier.
“Consignee” means the person or company to whom the carrier contracts with the customer to deliver the consignment.“Consignment” Means goods – Whether sent as a single item or in bulk or contained in one parcel, package or container, as the case may be or any number of separate items, parcels, packages or containers – sent at one time in one load or for the customer from one address to one address.
“Dangerous Goods” means those substances and articles the carriage of which are prohibited or restricted by the provisions of the European agreement concerning the international carriage of dangerous goods by road (ADR) as applied in the UK or permitted to be carried only under the conditions described there in, as well as all other substances and articles or a nature or having characteristics which represent a hazard or danger to persons or property, or which include any radioactive or explosive material.
“Demurage” Means any cost or expense the carrier suffers as a result of the improper, excessive or unreasonable detention of any vehicle, trailer, container or other equipment belonging to or under the control the carrier.
“Force Majeure Event” Shall have the meaning set out in condition 10(2)(c)
“In Writing” includes, unless otherwise agreed the transmission of information by electronic, optical or similar means of communication, including but not limited to, facsimile, electronic mail, or electronic data interchange (EDI), provided that the information is readily accessible and durable so as to be usable for subsequent reference.
2 . Parties and subcontracting
(1) The customer warrants that he is either the owner of the consignment or is authorised by the owner to accept these conditions on his behalf; and that he is similarly authorised by all those having proprietary or possessory interest in the consignment to accept these conditions on their behalf.
(2) The carrier and any other carrier employed by the carrier may employ the services of any other carrier for the purpose of fulfilling the contract in whole or in part; and the name of every other such carrier shall be provided to the customer upon request. The Carrier may at any time assign, mortgage, charge, delegate, declare a trust over or deal in any other manner in any or all of its rights and obligations under the contract to the extent permitted by law.
(3) The carrier contracts both for itself and also as agent of and trustee for its servants and agents and all other carriers referred to in (2) above, and also as agent of and trustee for such other carriers, servants and agents; and every reference in these conditions to the ‘carrier’ shall be deemed to include every other such carrier, servant and agent with the intention that they shall have the full benefit of the terms of this contract, and collectively and together with the carrier shall be under no greater liability to the customer or any other party than is the carrier hereunder.
(4) Not withstanding condition 2(3), the carriage of any consignment by rail, sea, in land water way or air has been or will be arranged by the carrier, soley as agent of the customer, and any such carriage shall be subject to the conditions of the rail shipping, inland waterway or air carrier contracted to carry the consignment. The carrier shall be under no liability whatsoever, howsoever caused, to any person for any person for such carriage: Provided always that where the consignment is carried partly by road and partly by such other means of transport any loss, damage or delay shall be deemed to have occurred whilst the consignment was being carried by road, unless the contrary is proved by the carrier.
3 . Dangerous Goods
If the customer does not disclose in writing and in advance that a consignment contains dangerous goods, the carrier shall be entitled to rescind the contract. If the carrier agrees to accept for carriage any dangerous goods so disclosed then the customer must arrange for and ensure that the dangerous goods are classified, packed, marked, labelled, and documented in accordance with all applicable statuary regulations for the carriage by road of the substance declared.
4 . Loading and unloading
(1) Unless otherwise agreed in writing the customer will be responsible for the loading of goods on to the vehicles and will also be responsible for the consignee unloading goods off the vehicle. The carrier will not be responsible for any loss or damage to the goods arising from loading the goods onto or unloading them off the vehicles, or from the overloading or from the unsafe loading of the vehicle. The carrier may, at its sole discretion, through its servants and agent provide assistance in loading or unloading the goods if requested to do so by the customer or the consignee or agents of either. The customer shall indemnify the carrier from and against all and any loss, damage, death or injury that may arise whilst the loading or unloading operations are taking place, or as a result of how the vehicle has been loaded, whether or not such loss, damage, death or injury is attributable to the negligence of the carrier, its agents or servants.
(2) The customer shall ensure that any cranes, fork lift trucks, slings, chains or other equipment used in loading or unloading the vehicle are suited for that purpose, are well maintained and are only operated by personnel who have been suitably trained on the use of such equipment. The customer will indemnify the carrier against any and all consequences of failure of, misuse of, or unsuitability of such equipment.
(3) The Customer shall ensure that there is adequate access to the loading and unloading points and that the road ways to and from the public highway are of suitable material and that unloading will take place on good sound hard standing, where there will be sufficient space to load or unload the vehicle in safety.
(4) The carrier shall not be liable for any loss of damage whatsoever, howsoever caused, if the carries personel are instructed by the customer or the consignee or their servants of agents to provide service to an area which does not apply with the condition 4(3) above, whether or not against the recommendations of the carrier or the carriers personnel.
(5) The customer shall indemnify the carrier against all liability or loss or damage suffered or incurred (including but not limited to the carriers vehicle) as a result of the carriers personnel complying with the instructions of the customer or the consignee or their servants or agents, or where the carrier has not been allowed reasonable opportunity to inspect a load which has been loaded by the customer or the consignee or their servants or agents.
(6) The customer shall make available to the carrier upon request details of any risk assessments which may have been carried out at the collection and/or delivery addresses and/or in relation to any equipment used in loading or unloading the vehicle. The responsibility for carrying out such risk assessments shall be that of the customer and not that of the carrier. The carrier may refuse to enter any site which the carrier, at the carriers sole discretion, considers to be unsafe.
5 . Obligations of the Customer
The customer warrants that:
(1) That the consignment does not and will not: cause pollution of the environment or harm to human health; require any official consent of licence to handle, possess, deal with or carry; at any time whilst in the care or control of the carrier constitute waste (unless the carrier has been previously advised otherwise); and that the consignment is of a nature that can be legally transported in the UK.
(2) It will comply, and will procure that all of its agents,employees and subcontractors also comply with any reasonable regulations of the carrier relating to handling, health and safety, and security, of which they are notified or have been notified.
(3) It will provide the carrier with such information and materials as the carrier may reasonably require in order to comply with its obligations under the contract, including but not limited to information relating to the weight and contents of the consignment and the customer will ensure that such information is complete and accurate in all material respects.
(4) The customer shall and shall procure that the consignee shall allow any employee’s or agents of the carrier all welfare facilities at their premises.
(5) If the carriers performance of any of its obligations under the contract is prevented, hindered or delayed by any act or omission of the customer or by any failure by the customer to perform any relevant obligation (customer default), then:
(A) without limiting or affecting any other right or remedy available to it, the carrier shall have the right to suspend performance of its obligations until the customer remedies the customer default and may rely on the customer default to relieve it from the performance of any of its obligations in each case to the extent the customer default prevents, hinders or delays the suppliers performance of any of its obligations;
(B) The carrier shall not be liable for any costs of losses sustained or incurred by the customer arising directly or indirectly from the carriers failure to perform or delay in performing any of its obligations as set out in this condition 5(5):
(C) The customer shall on written demand reimburse the carrier for any costs or losses sustained or incurred by the carrier arising directly or indirectly from the customer default.
6 . Receipts
The carrier shall, if so required, provide a document or electronic record prepared by the customer or its agent acknowledging the receipt of the consignment: but the burden of proving the condition of the consignment and/or its nature quantity, quality, or weight at the time of that receipt shall rest with the customer. For the avoidance of doubt the customer shall not be entitled to withhold any of the carriers charges where such receipt has not being provided.
7 . Transit
(1) Unless otherwise agreed expressly between the parties, transit shall commence after the consignment has left the premises from where the consignment has been collected.
(2) Transit shall (unless it has been terminated earlier) end when the consignment arrives at the proper place of delivery at the consignees address within the customer cartage hours of the district, provided that:
(A) if no safe and adequate access to the address exists, or if no safe and adequate unloading facilities exist there, then transit shall be deemed to end at the expiry of one clear day after notice (by letter, telephone, email, or other agreed form of communication) Of the arrival of the consignment at the premises has been sent to the consignee or the customer;
(B) When for any other reason whatsoever a consignment can not be delivered, or when the consignment is held by the carrier on instructions ‘to await order’ or ‘to be kept until called for’ or upon any like instructions, and no such order is given within a reasonable time, or the consignment is not called for and removed within a reasonable time, then transit shall also be deemed to end at the end of that reasonable time.
(3) The consignment shall be at the sole risk of the customer at all times when the consignment is not in transit.
8 . Undelivered or unclaimed consignments
Where either of the provisos to condition 7(2) operate such that transit is deemed to have ended, the carrier may sell the consignment; and payment or tender of the process of sales to the customer, after deduction of all proper charges and expenses in relation there to and of all outstanding charges in relation to the carriage and storage of the consignment, shall discharge the carrier from all liability in respect of such consignment, its carriage and storage:
provided that:
(1) the carrier shall do what is reasonable to obtain to obtain a reasonable price for the consignment; and
(2) the power of sale shall not be exercised where the name and address of the customer or of the consignee or of the owner of the consignment or of any other person having any propriety or possessory interest in it is known; unless the carrier shall first have done what is reasonable in the circumstances to give notice to such persons that the consignment will be sold unless within the time specified in that notice, being a reasonable time in the circumstances in the giving of such notice, the consignment is taken away or instructions are given for its disposal.
9 . Carriers charges
(1) The carriers charges shall be payable by the customer, without prejudice to any rights the carrier may have against the consignee, or any other person to secure or obtain payment: provided however that when any consignment is consigned – carriage forward the customer shall not be required to pay such charges, unless the consignee shall, within a reasonable period of demand for payment having being made aware of it, have failed to pay the carriers charges.
(2) Charges shall be payable when due without deduction of deferment on account of any claim, counter claim, or set off. If the customer becomes insolvent, or any sums owed by the customer to the carrier become overdue for payment all credit terms previously agreed shall be cancelled with immediate affect and all invoices and accounts issued by the carrier shall be deemed due for immediate payment and all sums owing (whether due or not) shall there upon become payable. The late payment of commercial debts (interest) Act 1998, as amended, shall apply to all sums due from the customer.
(3) The carrier shall use reasonable endeavours to obtain a signed proof of delivery of the consignment from the consignee, unless otherwise agreed with the customer. No payment shall however be withheld by the customer where the carrier is unable to provide a proof of Delivery unless notification of non delivery is received by the carrier no more than 48 hours after the expected time of delivery of the consignment and the carrier is subsequently unable to evidence proof of delivery.
(4) The customer shall pay to the carrier any storage charges incurred as a result of it exercising its lien in accordance with clause 15 below.
(5) If the contract is cancelled at any time the customer shall pay the carrier all costs and expenses that the carrier has incurred prior to such cancellation.
10 . Liability for loss and damage
(1) The customer shall be deemed to have elected to accept the terms set out in sub clause (2) of this condition unless, before the transit commences the customer has agreed in writing that the carrier shall be under liability for loss of, or mis delivery of, or damage to or in connection with the consignment, howsoever or whensoever caused, and whether or not caused or contributed to, directly or indirectly by any act, omission, neglect, default or other wrong doing on the part of the carrier, its servants, agents or subcontractors.
(2) Subject to these conditions the carrier shall be liable for:
(A) physical loss, misdelivery or damage to living creatures, bullion, money, securities, stamps, precious metals or precious stones comprised within the consignment only if:
(I)The carrier has specifically agreed in writing to carry any such items; and
(II) The customer has agreed in writing to reimburse the carrier in respect of all additional costs which result from the carriage of the said items; and
(III) The loss, misdelivery or damage is occasioned during transit and is proved to have been caused by negligence of the carrier, its servants, agents or subcontractors:
(B) Physical loss, misdelivery of or damage to any goods of a type not covered by subclause (A) above comprised within the consignment, unless the same has arisen from a force majeure event.
(C) A “ force majeure event “ shall mean any act(s), event(s), circumstance(s) or cause(s) the occurrence of which is beyond the reasonable control of the carrier including but not limited to :
(I) act of god, riot, civil commotion, strike, lock out, general or partial stoppage or restraint of labour from whatever cause, war, act of terrorism, seizure or forfeiture under legal process, restraint of government;
(II) error, act, omission, mis statement or misrepresentation by the customer or the owner of the consignment or by any servant or agent of either of them;
(III) inherent wastage in bulk or weight, faulty design, latent defect, or inherent vice or natural deterioration of the consignment;
(IV) Any special handling requirements in respect of the consignment which have not been notified to the carrier;
(V) insufficient or inproper packaging, labelling or addressing, unless the carrier has contracted to provide this service. ;
(VI) Fire, flood, storm, earthquake, pandemic, or epidemic;
(VII) road congestion, road accidents, delays incurred at any delivery location or lack of delivery instructions from the customer, vehicle break down
(3) The carrier shall not in any circumstances be liable for any loss or damage arising after transit is deemed to have ended within the meaning or condition 7(2) here of, whether or not caused or contributed to, directly or indirectly, by any act, omission, neglect, default or other wrong doing on the part of the carrier, its servants, agents, or subcontractors.
11 . Fraud
The carrier shall in no circumstances be liable in respect of a consignment in relation to which there has been fraud on the part of the customer, the consignee or the owner of the consignment, or their servants or agents, unless the carrier or any servant of the carrier acting in the course of his employment has been complicit in that fraud.
12 . Limitation of Liability
(1) except as otherwise provided in these conditions, the liability of the carrier in respect of claims for the physical loss of, mis delivery of, or physical damage to goods comprised within the consignment, howsoever arising, shall in all circumstances be limited to the lesser of
(a) the value of the goods actually lost or misdelivered, at the place they should have been delivered; or the amount by which damaged goods have been depreciated in value by reason of that damage;
(b) the cost of replacing the goods actually lost or misdelivered and/or reconditioning or repairing any damage to the goods; or
(c) a sum calculated at the rate of £1300 GBP per tonne on the gross weight of the goods actually lost, misdelivered or damaged;
And the value of the goods actually lost, misdelivered or damaged shall be taken to be their invoice value if they have been sold, and shall otherwise be taken to be there replacement cost to the owner at the commencement of the transit, and in all cases shall be taken to include any customs and excise duties or taxes paid or payable in respect of those goods when lost, misdelivered or damaged:
Provided that:
(I) In the case of loss, misdelivery of or damage to a part of the consignment, the weight to be taken into consideration in determining the amount of which the carriers liability is limited shall be only the gross weight of that part, regardless of whether the loss, misdelivery or damage affects the value of other parts of the consignment:
(II) Nothing in this condition shall limit the liability of the carrier to less than the sum of £10;
(III) The carrier shall be entitled to proof of the weight and value of the whole of the consignment and of any part thereof lost, misdelivered or damaged;
(IV) The customer shall be entitled to give to the carrier notice in writing, to be delivered atleast 7 days prior to commencement of transit, requesting that the £1300 Per tonne limit referred to in condition 12(1)(c) above be increased (but not so as to exceed the value of the consignment) and in the event of such notice being given the customer shall be required to agree with the carrier an increase in the carriage charges, but if no such agreement can be reached the aforementioned £1300 per Tonne Limit shall continue to apply.
(2) The liability of the carrier in respect of claims for any other type of loss, liability or damage or whatsoever and howsoever arising in connection with the consignment shall not exceed the amount of the carriage charges in respect of the consignment or the amount of the claimants proved loss, which ever is the less, unless:
(a) At the time of entering into the contract with the carrier, the customer declares to the carrier a special interest in the avoidance of physical loss, misdelivery or damage to the consignment and/or a special interest in delivery within a specified period, undertaking to pay such surcharge, referable to the declared value of that interest or those interests, as maybe agreed with the carrier, and
(b) At least 7 days prior to the commencement of transit the customer has delivered to the carrier confirmation in writing of the declared value of any special interest and any agreed time limit, and of its agreement to pay the specified surcharge which It has agreed with the carrier.
(3) The carrier shall not be in breach of the contract nor liable for any delay in performing, or failure to perform, any of its obligations under the contract if such delay or failure results from a ‘force majeure event’.
(4) The following types of loss or damage are wholly excluded, and will not under any circumstances be the subject of compensation by the carrier:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings
(e) loss of use of, or corruption of, software, data or information;
(f) loss of or damage to goodwill
(g) indirect or consequential loss
(h) any fine imposed on the customer by the consignee or its customer.
13 . Indemnity to the Carrier
The customer shall indemnify the carrier against:
(1) All losses, liabilities and costs incurred by the carrier (including but not limited to those incurred in connection with loss of or damage to the carrying vehicle or to other goods carried) as a result of any breach of these conditions by the customer or any party on who’s behalf It has contracted, or by reason of any error, omission, misstatement or representation by the customer or owner of the consignment or by any servant or agent or either of them, or by reason of insufficient or improper packing, labelling or addressing of the consignment, or by reason of fraud on the part of the customer, the consignee or the owner of the consignment, or their servants or agents (as referred to in condition 11);
(2) All losses, liabilities and costs arriving from claims and demands by whomsoever made and howsoever arising (including, for the avoidance of doubt, claims alleging negligence or conversion, or by h.m.revenue and customs in respect of dutiable goods, or arising out of the carriage of dangerous goods) in respect of any loss of or damage to, or in connection with, the consignment in an amount exceeding the liability of the carrier under these conditions in respect of that loss or damage, whether or not the loss or damage was caused or contributed to, directly or indirectly, by any act, omission, neglect, default or other wrong doing on the part of the carrier, its servants, agents or subcontractors.
14 . Time Limits for Claims
(1) The carrier shall not be liable for :
(a) Physical loss of, mis or non delivery of, or physical damage to goods comprised within the consignment unless advised thereof in writing together with such evidence as may be reasonably required to prove that the physical loss of, mis or non delivery of, or physical damage to goods was caused by the carrier, within 7 days after the termination of transit or the date on which the transit should have terminated.
(b) Any other type of loss unless advised thereof In writing within 28 days after the termination of transit or the date on which the termination of the transit should have terminated
Provided that if the customer proves that,
(I) It was reasonably possible for the customer to advise the carrier or make a claim in writing within the time applicable, and
(II) Such advice or claim was given or made within a reasonable time after the time at which it did become reasonably possible for the customer to advise the carrier or make a claim in writing,
The carrier shall not have the benefit of the exclusion of liability afforded by this condition.
(2) The carrier shall in any event be discharged from all liability whatsoever and howsoever arising in respect of the consignment unless legal proceedings are issued and notice in writing there of given to the carrier within one year of when the date of transit commenced.
(3) In the computation of time where any period provided by these conditions is 7 days or less, Saturdays, Sundays and all statuary public holidays shall be excluded.
15 . Lien
(1) The carrier shall have:
(A) A particular lien on the consignment for all charges due to the carrier, for the carriage, storage and/or warehousing of the consignment and for all other proper charges or expenses incurred in connection with the carriage or the consignment, and
(B) A general lien on the consignment for any sums overdue and unpaid by the customer, by the owner of the consignment or by any other person having any proprietary or possessory interest in it, by the consignee, or by any agent of these persons, on any invoice, account or contract whatsoever.
If the carrier exercises a lien, but appropriate payment Is not made within 14 Dys after notice that the payment is due and has been given in accordance with condition 8(2) above, the carrier may sell the consignment or any part thereof as agent for its owner and for those having a proprietary or possessory interest in it, and shall apply the proceeds towards any sums unpaid and towards the expenses of the retention, storage, insurance and sale of the consignment and shall, upon accounting to the customer for any balance remaining, be discharged from all liability whatsoever in respect of the consignment.
(2) The carrier may exercise its lien on its own behalf or as agent for any assignee of its invoices at any time and at any place in its sole discretion, whether or not the contractual carriage has been completed, and these conditions shall continue to apply during the period of exercise of such lien.
(3) If the consignment is not solely the property of the customer, the customer warrants that it has the authority of all those having a proprietary or possessory interest in the consignment to grant to the carrier liens as set out in condition 15(1) above, and the asserting that the customer did not have that authority.
16 . Unreasonable Detention
The customer shall be liable to pay Demurrage, without prejudice to any rights that the carrier may have against any other person in respect of any improper, excessive or unreasonable detention and any vehicle, trailer, container, or other equipment belonging to or under the control of the carrier.
17 . Confidentiality
(1) Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by these conditions.
(2) Each party may disclose the other parties confidential information:
(a)To its employees, officers, representatives, subcontractors or advisors who need to know such information for the purposed of carrying out the parties legal obligations; and
(b)As maybe required by law, a court of competent jurisdiction or any governmental or regulatory authority.
18 . Law and Jurisdiction
Unless otherwise agreed in writing, the contract and any dispute arising under it or in connection with it shall be governed by English law and each party irrevocably agrees that such dispute shall be subject to the exclusive jurisdiction of the English courts.
We assume by you using our services that you have read and agreed the above terms and conditions.
