TERMS & CONDITIONS OF CARRIAGE

 

 

1 General

 

1.1     GG Logistics accepts goods for carriage under the Conditions set out below which shall apply unless GG Logistics

has agreed in writing that some other conditions shall apply.

 

2 DEFINITIONS

  

“Consignment” means the delivery of goods in bulk or contained in one parcel, package, container or any separate number of parcels packages containers or envelopes sent at any one time in one load by or for the Customer from one address to another address.

 

“Consequential Loss” shall include but shall not be limited to all economic losses, loss of profits, increased management or labour costs, loss of future business, loss of reputation and goodwill, loss of market or falls in prices of whatever nature and all other damages, costs or expenses or other indirect losses including any liability to or claims by any third party.

 

“Customer” means the customer who has engaged GG Logistics to provide the Services governed by these Terms and Conditions.

 

“Dangerous Goods” means:

 

 

(a) dangerous goods as defined in regulation 2 of the Carriage of Dangerous Good and Use of Transportable

 Pressure Equipment Regulations 2004 as amended from time to time; and

 

(b)     goods which, in Our opinion, can cause direct physical damage, are capable of causing injury to people or to

 their health or are physically dangerous to other goods.

 

“Goods” means the goods, parcels, packages, papers and documents that are the subject of the agreement between Us and You, other than those expressly excluded,

 

 

 

“Services” means the collection, carriage and delivery of the Goods as agreed with You.

 

 

“Sub-Contractor” means any person whose services We engage or make use of to perform the whole or any part of the Services.

 

“Theft Attractive Goods” include: money, securities, deeds, bills of exchange, promissory notes, stamps, photographs, mobile telephones and all ancillary equipment, general telephony equipment, documents of title to property, jewellery, precious stones, gold, silver, platinum, other precious metals, non-ferrous metals other than in components, furs, watches, cassettes, videos, spirits, tobacco and cigarettes.

 

 3 Our obligations

 

 

3.1     Subject to You complying with Your obligations as set out in these Terms and Conditions, We shall use Our best

endeavours to provide the Services within the time limits agreed with You.

 

3.2     Only these Terms and Conditions will apply to any agreement between You and Us. We will consider that We

have given You notice of these Conditions if and as soon as You place an order with Us or accept an offer from Us for

carrying Goods on Your behalf.

 

4 Our Exclusions of Liability

 

 

4.1   We shall not be liable for any delay in delivery caused by the unavailability at the delivery address of the

consignee or other authorised recipient.

 

4.2     We shall not be liable for loss of or damage to or mis-delivery or delayed delivery or non-delivery of the Goods

occasioned by:

 

(a) act of God including but not limited to storm, tempest or flood;

     

(b) act of war, hostilities, riot or civil commotion or the threat or fear of such conditions prevailing; 

 

(c) fire;  

  

(d) industrial dispute; 

  

(e) strike or labour dispute; 

 

(f) suspension or cancellation of transport services by reason of or of the threat or fear of inclement

weather or any of the matters set out in clauses 4.2(a) to (e) inclusive; 

   

(g) delay by any government or public or local authority, including the customs of any country where the

goods are carried

   

(h) act, default or omission of whatever nature on Your part or on the part of Your employees or agents or

any person having any interest in the Goods; or 

  

 

(i)   insufficient or improper packing, labelling or addressing.

 

5 Your obligations 

 

 

Subject to the provisions of this agreement You undertake: 

5.1    that in relation to the Goods You are either solely beneficially entitled to the Goods or You have the authority of all those interested in the Goods to enter into this contract and to bind them to its terms;

 

5.2    in the event of any claim by any third party against Us arising out of this contract, to indemnify Us against the claim and all legal and other costs incurred except to the extent that You establish that We would have been liable to You had the original claim been made by You but on the assumption that You had retained title to the Goods;

 

5.3    to give any instructions reasonably requested by Us as soon as reasonably practicable; and

 

5.4    to make all payments as provided in clause 14 below.

 

6  Limitation of liability 

 

6.1 Our liability in the event of loss of or damage to or mis-delivery or non delivery of the Goods (where liability is not otherwise excluded) shall not exceed the value of the Goods (and pro rata in the case of an event affecting part only of the Goods) or the cost of repairing any damage or of reconditioning the Goods subject always to a maximum liability of £15,000 per Consignment or part thereof in the case of an event affecting part only of the Consignment. Where You require a higher value of cover this shall be expressly negotiated and agreed in writing. The value of the Goods actually lost, damaged, misdelivered or not delivered shall be taken to be their invoice value if they have been purchased by You or otherwise shall be taken to be the replacement cost to the owner at the commencement of transit and in all cases shall be taken to include any Customs and Excise duties or taxes payable in respect of the Goods provided always that We shall be entitled to proof of value of the Consignment or any part of it.

 

6.2    Our liability for delay in delivery (where Our liability is not otherwise excluded) shall not exceed a sum equal to the carriage charges or a proportion of those charges in the case of an event affecting part only of the Goods.

 

6.3    The Courier shall not be liable for any physical loss, mis-delivery or damage to any Theft Attractive Goods unless We have specifically agreed in writing prior to transit commencing to carry such items and You have agreed in writing to reimburse Us in respect of all additional costs including insurance costs which result from the carriage of the said items.

 

6.4   We shall not in any event be liable for any Consequential Loss whatsoever and howsoever arising (including in relation to Theft Attractive Goods).

 

7   Excluded Items 

 

7.1    You shall not submit for carriage and We may at any time abandon the carriage of any items of a type specified in clause 7.3 below. 

7.2   If We abandon items in pursuance of Condition 7.1 above We shall immediately notify You of the circumstances but shall be under no liability in respect of the safe-keeping of the abandoned items. 

7.3   The items referred to in Condition 7.1 are: 

(a)    explosive and inflammable articles, firearms including parts of any firearms, ammunition and detonators; 

(b)  subject to Condition 13, Dangerous Goods;

(c) any article the possession of which or the importation of which into any country from, through or to which the carriage is to take place is illegal or prohibited;  

(d)     human remains; and 

(e)     livestock.

 

8 Warranties and Indemnities 

 

8.1    You shall indemnify Us in respect of the whole of any fine or penalty or legal and other costs incurred by Us and any other loss, outlay or expense sustained by the Courier by reason of any breach by You of Conditions 4.1, 5 or 7 above.

 

8.2   The extent of Your responsibilities and liabilities are defined in these Conditions and You shall save harmless and keep Us indemnified from and against all claims, costs and demands of whatsoever nature and by whomsoever made and howsoever arising from negligence or otherwise in excess of Our liability under these Conditions arising directly or indirectly from the collection, carriage, storage and/or delivery of Our Consignment.

 

8.3    In the absence of written notice to the contrary given to Us at the time of delivery to them, You warrant that all Goods and their packaging are fit to be carried and stored.

 

8.4    You warrant and agree that You will not submit to Us any Consignment containing dangerous, verminous, infested, contaminated or condemned goods unless You have first given to Us in writing full details of the same and obtained Our written agreement to the submission of such Consignment.

 

8.5    You will be responsible for and will indemnify Us against all losses, damages and claims of whatsoever nature made upon Us for which We may be or become liable arising from the tender of a Consignment all or part of which consists of dangerous, verminous, infested, contaminated or condemned goods including loss and/or damage sustained by Us to its own property and injuries or loss sustained by Our servants and/or sub-  contractors.

 

9   Third Parties

 

9.1    We shall be entitled to appoint sub-contractors and/or agents and it is hereby declared that any of Our sub-contractors and employees and any person deriving title to the Goods from You are third parties to this contract within the meaning of the Contracts (Rights of Third Parties) Act 1999 and shall be entitled to enforce this contract accordingly.

 

10 Transit

 

10.1     Transit begins when the Goods are handed to or collected by Us for carriage. 

 

10.2     Transit shall be suspended: 

 

(a)   when the Goods are held by Us at some place other than the destination at Your request of or for Your convenience or because You or the consignee refuses or is unable to take delivery at the destination; or 

 

(b)   when the Goods are detained for Customs purposes; 

    and shall be resumed when We resume the carriage of the Goods. 

10.3     Transit shall (unless otherwise previously determined) end: 

 

(a)    in the case of Goods to be delivered by Us when they are tendered at the usual place of delivery within the customary delivery hours of the district, or at such other times or places as may be agreed between Us and You; 

 

(b)    in the case of Goods not to be delivered by Us awaiting order or collection, at the expiration of one clear day after notice of arrival has been given either orally or in writing to the consignee or, to the sender when the address of the consignee is not known provided that when the addresses of both the sender and consignee are not known, the said end shall be at the expiration of one clear day after the arrival of the Goods at the place to which they are consigned.

 

11    Means of transport 

 

11.1     Goods accepted by Us for carriage may be carried by such means of transport and by such route as We think fit and these Conditions shall apply to whatever means or routes by which the Goods are carried.

 

11.2     Goods carried wholly or partly by water or air or rail shall in connection with liability in respect of such carriage be carried subject to the applicable Conditions of Carriage of the carrier who carries the Goods such Conditions to be read as though reference therein to water or air or rail carrier were reference to Us. In the absence of proof to the contrary where Goods are carried partly by land and partly by water or air or rail any loss damage or delay shall be deemed to have occurred whilst the Goods are being carried by road.

 

12    Loading and unloading 

 

12.1     On collection or delivery at a sender’s or consignee’s premises We shall be under no obligation to provide any plant, power or labour for loading or unloading.

 

12.2     Subject to these Conditions, Our sub-contractors, servants and/or employees have no authority to give assistance other than under supervision in the loading and unloading at the usual place of collection or delivery and We shall not be liable for any loss or damage howsoever caused including negligence attributable to such or to any other assistance given and You shall indemnify Us against any claims made against Us as a result of any such other assistance given.

 

12.3     Consignments or part thereof requiring special appliances for unloading from a road vehicle are accepted for carriage only on the condition that You have duly ascertained from the consignee that such appliances are available at the destination. Where We are, without prior arrangement in writing having been made between Us and You, called upon to load or unload

Consignments or parts thereof for which special appliances are required, We shall be under no liability whatsoever to You for any damage howsoever caused, whether or not by Our negligence and You shall be responsible for and indemnify Us against any damage or liability which We may suffer or incur either itself or in respect of loss, damage or injury suffered by the Our employees or any third party.

 

13    Dangerous goods 

 

13.1     Except where We have otherwise agreed in writing with You, We do not contract to carry or store dangerous, verminous, infested, contaminated or condemned goods.

 

13.2     Where We accept Dangerous Goods for carriage or storage the Dangerous Goods will be carried or stored subject to all of Conditions 1 to 12 (inclusive) and Conditions 14 to 17 (inclusive) and subject also to the special conditions specified and referred to in this Condition 13 and in the event of conflict between the said special conditions and the foregoing conditions, the special conditions shall prevail.

 

13.3     The special conditions relating to the carriage of the Dangerous Goods are:

 

(a)    at the time of tendering the Dangerous Goods for carriage or storage the sender shall supply Us a declaration in writing giving adequate and sufficient information in relation to the nature of the Dangerous Goods and the hazard presented (whether or not required by statute);

 

(b)    the Dangerous Goods shall be properly and sufficiently packed and labelled in accordance with any requirements specified by Us or otherwise with any statutory regulations in force applicable to the carriage of the Dangerous Goods;

 

(c)    any additional Conditions and/or requirements communicated to You by Us shall prevail;

 

(d)   in the event of non-compliance with any of the provisions of this Condition:

 

(i)     in any event We shall not be under any liability whatsoever in respect of the dangerous Consignment save in the case of Our wilful misconduct in which case liability shall be determined in accordance with these Conditions; and

 

(ii)    You will be responsible for and shall indemnify Us against loss or damage and claims made upon it for which We may be or become liable in respect of injury to persons or damage to property unless You prove that the loss or damage or injury is due to Our wilful misconduct.

 

13.4     We shall not be liable for loss of, or damage to or delay in delivering the Dangerous Goods unless You prove that such loss, damage or delay was not caused wholly or partly by failure on his part to comply with any of the special Conditions referred to in paragraph 13.3.

 

13.5     We may at any time at the sender’s sole risk and expense return the whole or any part of the dangerous Consignment to You (who shall receive it at once) or destroy or otherwise dispose of the whole or any part thereof if We are of the opinion that it is necessary or advisable to do so.

 

14    Payment and Pricing 

 

14.1     You shall pay for the delivery service within 30 days of receipt of Our invoice without set-off or deduction or counterclaim.

 

14.2     In default of payment We shall be entitled to charge interest at the rate of 8% above the then prevailing base lending rate of the Bank of England calculated from the date of invoice with interest being calculated at the end of each day and added to the amount owing. We shall also be entitled to charge for our reasonable administrative costs incurred in recovering the amount owed from You.

 

14.3 We have the right to charge additional amounts in the following circumstances:

 

(a)    if We are delayed in collecting the Goods as a result of the Goods not being ready for collection at the agreed time; or

 

(b)    if We are delayed in delivering the Goods as a result of the recipient being unable or unwilling to take delivery of the Goods when We are ready to deliver them

 

After the first 30 minutes of waiting (for which there shall be no charge), any waiting time will be charged at the rate of £10.00 per 30 minutes or part thereof.

 

14.4   Any charges incurred by us for tolls, congestion charges and parking in carrying out the Services for You shall be payable by You.

 

14.5     We may charge You for any needless or wasted journeys as a result of You cancelling the Services after We have started our journey to make collection of the Goods. 

 

14.6     If the intended recipient of the Goods fails to or refuses to accept the Goods, We will immediately contact you for further instruction, however, We reserve the right to levy additional charges either for returning the Goods to their collection point or for taking the Goods to a second delivery point.

 

15    Time Limits for Claims

 

15.1     We shall not be liable for any damage to Goods or delay unless it is advised in writing within 21 days of delivery or the date specified for delivery in regard to Goods not actually received.

 

15.2     In any event any damaged Goods must be made available to Us for inspection.

 

15.3     We shall not be liable for any loss or mis-delivery unless it is advised in writing by You (otherwise than upon delivery of Our documents) within 28 days of transit commencing and the claim is made in writing within 42 days after transit began.

 

15.4     We shall in any event be discharged from all liability whatsoever in respect of the Consignment unless proceedings are commenced within a period of one year from the termination or transit or, in the case of loss mis-delivery or non-delivery of the whole Consignment, from the said 28 days referred to in Clause 15.3.

 

16 Our lien 

 

16.1 We shall have a general lien against the owner of the Goods for any money due from You or such other owner to Us and if any such lien is not satisfied within a reasonable time We may in our absolute discretion sell all or part of the Goods as agent for the owner and apply the proceeds towards the money due and the expenses of retention insurance and sale of the Goods and shall on accounting to You for any surplus be discharged from all liability whatever in respect of the Goods.

 

17    Governing Law

 

17.1     The contract and these Terms and Conditions shall be construed and governed by the Laws of England and the parties to the agreement submit to the exclusive jurisdiction of the English courts.