A2Z Direct Ltd (hereinafter referred to as 'the carrier') is not a common carrier and accepts goods for carriage only upon that condition and the conditions set out below. No servant or agent of the carrier is permitted to alter or vary these conditions in any way unless expressly authorised in writing to do so by the signatures of the Director and the Transport Manager.
In these conditions:
'Customer' means the company or person/s acting on behalf of the company who contracts for the services of the carrier.
'Contract' means the contract of carriage between the customer and the carrier.
'Consignment' means any number of items sent at one time in one load by or for the customer from one address to another address.
'Dangerous Goods' means those substances and articles which are specified in the special classification of dangerous goods issued by the EEC Committee on inland transport ADR document as applied in the United Kingdom.
'In writing' includes the transmission of information by electronic, optical or similar means of communication, including, but not limited to facsimile, electronic mail or handwritten, provided the information is readily accessible for the carrier, so as to be usable for subsequent reference.
The customer warrants that he is either the owner of the goods in any consignment or is authorised by such owner to accept these conditions on the owners behalf.
The carrier and any other carrier employed by the carrier may employ the services of any other further carrier for the purpose of fulfilling the contract in whole or in part and the name of any such other carrier shall be provided to the customer on request.
Dangerous goods must be disclosed by the customer and if the carrier agrees to accept them for carriage they must be classified, packed, marked, labelled and documented in accordance with statutory regulations for the carriage by road of the substance declared.
The carrier does not accept dangerous goods to be carried by sea or air.
The carrier does not accept any dangerous goods that specify any legal requirement for training by drivers, servants or agents.
Excluded goods include Glass, Ceramics, Liquids or any goods made of a substance of similar properties to Glass.
If the carrier agrees to deliver excluded goods, or if undisclosed excluded goods are tendered to the carrier for delivery, the customer shall be responsible for all loss or damage, whether physical, economic or consequential caused to or by the excluded goods while in the possession of the carrier and any fines or penalties which may be incurred.
The customer must have adequate facilities to load the carriers vehicle in a safe manner.
It is the customers responsibility to ensure the consignee has suitable access for the carriers vehicle. Any damage caused by or to the carriers vehicle due to unsuitable access will be the customers responsibility.
Any specific delivery equipment required by the carrier to effect safe delivery must be agreed to by all parties beforehand and any costs will be borne by the customer.
Transit commences when the carrier takes possession of the customers goods.
Transit shall end when the carrier delivers the consignment to the address given by the customer.
If the carrier is unable to effect delivery for reasons beyond his control, the goods will be returned to the customer at the customers expense.
The carrier can refuse to carry any goods he deems unsafe or unfit for carriage. This includes any instance where a customer has specified a vehicle for carriage and the consignment is too heavy or large for the vehicle provided. In this instance a charge will be levied against the customer for wasted time.
If the customer cancels a consignment after transit commences the carrier will charge for wasted journey based on mileage done or time taken,whichever is greater.
If the customer cancels a consignment before transit commences but after a driver has begun his journey to collection the carrier will charge for wasted journey based on mileage done or time taken,whichever is greater.
The carrier shall complete his own delivery receipts with regards to each consignment. Copies of this paperwork will be accessible to the customer, which will be retained for a minimum of 6 months.
The carrier shall, if so required, acknowledge receipt of the consignment but the burden of proving the condition of the consignment and its nature, quantity or weight at the time of collection shall rest with the customer.
The carrier shall, if so required, complete the customers paperwork, but the carrier has no liability for loss or damage to such paperwork.
The carrier is able to use his own discretion to leave goods unsigned for, in a place the driver considers suitable, unless the consignment is specifically marked as signature required. In the case of domestic deliveries, the carrier is able to use his own discretion to deliver goods to a neighbour.
All invoices raised by the carrier are subject to settlement in full by the 30th day following the date of the invoice, unless otherwise specified on the invoice.
Where payment is not received by that date the carrier reserves the right to impose a surcharge on all outstanding balances at the rates of 2.5% per month. The surcharge shall be payable in respect of a period of less than one month as if such period were in fact one month.
All sums shall be paid to the carrier immediately when due without deduction and payment shall not be withheld or deferred on account of any claim, counterclaim or set-off.
The carriers charges shall be payable by the customer without prejudice to the carriers rights against the consignee or any other person.
Should the contract be terminated by either party for any reason whatsoever, then all monies become due and payable within 14 days of said termination.
If the customer becomes insolvent any credit terms shall be cancelled with immediate effect and all invoices issued by the carrier shall immediately be deemed due for payment and thereupon become payable.
Quotations, whether verbal or in writing, are subject to the information provided by the customer being correct. The carrier will endeavour to advise of any change to a quotation but this is not guaranteed.
The carrier reserves the right to impose a surcharge for driver's time, if loading or unloading is delayed by a customer or consignee. This is levied on invoices as 'waiting time' and is charged per 15 minutes. The surcharge shall be payable in respect of a period of less than 15 minutes as if such period were in fact 15 minutes.
The customer shall be deemed to have elected to accept the terms set out in this condition:
Subject to these conditions the carrier shall be liable for physical loss, mis-delivery of or damage to, living creatures, bullion, money, securities, stamps, precious metals or precious stones only if the carrier has specifically agreed in writing to carry such items and 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 the loss, mis-delivery or damage is occasioned during transit and proved to be due to the negligence of the carrier.
The carrier shall be liable for any loss, mis-delivery or damage to any other goods occasioned during transit.
The carrier cannot accept liability for - Act of God.
Any consequences of war, invasion, act of foreign enemy, hostilities, civil war, rebellion, insurrection, military or usurped power or confiscation, requisition, or destruction or damage by or under the order of any government or public or local authority.
Seizure or forfeiture under legal process.
Error, act, omission, misstatement or misrepresentation by the customer or other owner of the consignment or by the servants or agents of either of them.
Inherent liability to wastage in bulk or weight, faulty design, latent defect, or inherent defect, vice or natural deterioration of the consignment.
Insufficient or improper packaging.
Insufficient or improper labelling or addressing.
Riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labour howsoever caused.
Consignee not accepting delivery within a reasonable time-frame.
The carrier shall not, in any circumstances, be liable for loss or damage arising after transit has ended, within the meaning of condition 6 hereof, whether or not caused or contributed to directly or indirectly by act, omission, neglect, default or otherwise wrongdoing on the part of the carrier.
The carrier shall not in any circumstances be liable in respect of a consignment where there has been a fraud on the part of the customer or the owner, or the servants or agents of either, in respect of that consignment, unless the fraud has been contributed to by the complicity of the carrier or of any servant of the carrier acting in the course of his employment.
Except as otherwise provided in these conditions, the liability of the carrier in respect of claims for physical loss, mis-delivery of or damage to goods comprising the consignment, howsoever rising, shall in all circumstances be limited to the lesser of the value of the goods actually lost, mis-delivered or damaged or the cost of repairing any damage or of reconditioning the goods or a sum calculated at the rate of £1300 Sterling per tonne on the gross weight of the goods actually lost, mis-delivered or damaged.
Nothing in this condition shall limit the liability of the carrier too less than the sum of £10.
The carrier shall be entitled to require proof of the cost of the consignment and of any other part thereof lost, mis-delivered or damaged.
Any claims for damaged or part delivered goods can only be entertained if the delivery note is marked accordingly at the time of delivery.
Any claim paid for damaged goods results in the said goods becoming the property of the carrier.
The customer can elect to either have the carriage charge returned or make an insurance claim – the customer is unable to claim both.
The customer shall indemnify the carrier against:
All consequences 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). Of any error, omission, misstatement or misrepresentation by the customer or other owner of the goods or fraud as in condition 11.
All claims and demands whatever by whoever made in excess of the liability of the carrier under these conditions. All losses suffered from any claims made against the carrier in consequence of loss or damage to property caused by or arising out of the carriage by the carrier of any dangerous goods, whether or not declared by the customer as such. 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.
The carrier shall not be liable for damage to the whole or part of the consignment, or physical loss, mis-delivery or non-delivery of part of the consignment unless advised thereof in writing within 3 days, after the termination of transit. Any other loss, unless advised thereof in writing within 7 days, after the commencement of transit.
Invoice queries can not be entertained unless advised thereof in writing within 14 days, in accordance with the Goods & Services Act.
In the computation of time where any period provided by these conditions is seven days or less, Saturdays, Sundays and all statutory public holidays shall be excluded.
The carrier shall have a general lien against the customer for sums unpaid on any invoice, account or contract whatsoever.
If such lien is not satisfied within a reasonable time, the carrier may sell the consignment or part thereof, as agent for the owner and apply proceeds towards any sums unpaid and the expense of the retention, insurance and sale of the consignment and shall, upon accounting to the customer for any balance remaining, be discharged for all liability whatsoever in respect of the consignment.
The customer shall be liable for the cost of unreasonable detention of any vehicle or other equipment but the rights of the carrier against any other person in respect thereof shall remain unaffected.
Should an occasional variation in Terms & Conditions occur, any such variance is not to be regarded as a permanent or agreed variation in Terms & Conditions.
Unless otherwise agreed in writing, the contract and any dispute arising thereunder shall be governed by English Law and shall be subject to the jurisdiction of the English Courts alone.
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COPIES AVAILABLE ON REQUEST
A2Z Direct Ltd
Unit 20
Charnley Fold Industrial Estate
School Lane
Bamber Bridge
Preston
PR5 6PS
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