1. Definitions
"The Carrier" means RFT Express Couriers of Oxford Terrace
Baildon BD17 7JQ (or such other address as it may notify the Customer
from time to time) which expression shall, unless the context
requires otherwise, include any sub-contractor appointed by the
Carrier pursuant to Clause 3 below.
"The 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.
"The Contract" means the contract of carriage between
the Customer and the Carrier, which shall be made subject to these
Terms and Conditions.
"The Consignee" means the person or company to whom
the Carrier contracts to deliver the Consignment.
"The Consignment" means goods in bulk or contained in
one parcel, package, container or envelope, as the case may be,
or any separate number of parcels, packages, containers or envelopes
sent at one time in one load by or for the Customer from one address
to one address. For the avoidance of doubt, the expression "goods"
shall include papers and documents, other than those expressly
excluded in these Terms and Conditions.
"Dangerous Goods" means dangerous substances as defined
in the Road Traffic (Carriage of Dangerous Substances in Packages
etc.) Regulations 1992 (and any amendment or replacement thereof),
explosives, radioactive substances and any other substance presenting
a similar hazard.
2. General
“The Carrier is not a common carrier” and accepts
at its sole discretion Consignments for carriage only upon that
condition and the Terms and Conditions contained herein. Save
as may be agreed in writing by a Director of the Carrier, no servant
or agent of the Carrier is permitted to alter or vary these Terms
and Conditions in any way.
3. Authority and Sub-Contracting
3.1 The Customer warrants that he is either the owner of the goods
in any Consignment or is authorised by such owner to accept these
Terms and Conditions on such owner's behalf.
3.2 The Carrier and any other carrier employed by the Carrier
may employ the services of any other carrier for the purposes
of fulfilling the contract in whole or in part and the name of
every such other carrier shall be provided to the Customer upon
request.
3.3 The Carrier contracts for itself and (subject to paragraph
3.4) as agent of and trustee for its servants and agents and all
other carriers referred to in paragraph 3.2 above and such other
carriers' servants and agents.
3.4 Notwithstanding paragraph 3.3, the carriage of goods in any
Consignment by rail, sea, inland waterway or air is arranged by
the Carrier as agent of the Customer and shall be subject to the
terms and conditions of the rail, shipping, inland waterway or
air carrier contracted to carry the Consignment.
4. Dangerous Goods
Dangerous Goods must be disclosed by the Customer in advance and
if the Carrier agrees to accept them for Carriage they must be
classified, packed and labelled in accordance with the statutory
regulations for the carriage by road of the substance(s) declared.
Transport Emergency Cards ("Tremcards") or information
in writing in the manner required by the relevant statutory provisions
or by the relevant body authorised by statute to make regulations
must be provided by the Customer in respect of each substance
and must accompany the Consignment.
5. Delivery
5.1 Unless the Carrier has agreed in writing to the contrary with
the Customer, the carrier accepts goods for carriage subject to
“ the terms and conditions”.
5.1.1 The Carrier shall not be under any obligation to provide
any plant, power or labour required for loading or unloading the
Consignment, other than that carried by the vehicle used by the
Carrier;
5.1.2 The Customer warrants that any special equipment required
for loading or unloading the Consignment which is not carried
by the Carrier's vehicle will be provided or procured by the Customer;
Where loading and/or, unloading is by hand, the cost of this will
be incorporated into the waiting time, and charged to the customer
5.1.3 The Carrier shall be under no liability whatsoever to the
Customer and the Customer shall indemnify and hold harmless the
Carrier for any damage, however caused, if the Carrier is instructed
to load or unload any goods requiring special equipment if such
equipment has not been provided or procured by the Customer.
5.1.4 It is the customers responsibility to “book in”
deliveries where required by the consignee, in the event of a
delivery being refused by the consignee due to the consignment
not being booked in, the consignment will be returned to the customer,
and payment will be charged at the delivery rate plus the return
journey rate.
5.1.5 Where target times are stipulated, The carrier shall endeavour
to attain those targets, however the carrier does not guarantee
to achieve these targets, nor does it imply the target time will
be achieved. It is the responsibility of the customer to allow
enough time for delivery to be completed, taking into account
any and all possible delays.
5.1.6 The route taken is at the absolute discretion of the carrier
6. Consignment Notes
The Carrier shall, if so required, sign a document prepared by
the Customer acknowledging receipt of the Consignment but no such
document shall be evidence of the condition or of the correctness
of the declared nature, quantity or weight of the Consignment
at the time it is received by the Carrier.
7. Transit
7.1 Transit shall commence when the Carrier takes possession of
the Consignment, whether at the point of collection or at the
Carrier's premises.
7.2 Transit shall (unless otherwise previously determined) end
when the Consignment is tendered at the usual place of delivery
at the Consignee's address PROVIDED THAT:
7.2.1 If no safe and adequate access or, if applicable, no adequate
unloading facilities there exist, then transit shall be deemed
to end at the expiry of one hour after notice by telephone of
the arrival of the Consignment at the Carrier's premises has been
given to the Customer; or
7.2.2 When for any other reason whatever a Consignment cannot
be delivered or when a Consignment is held by the Carrier to "await
order" or upon any like instructions and such instructions
are not given or the Consignment is not called for and removed
within a reasonable time determined by the Carrier, then transit
shall be deemed to end at the expiry of such reasonable time.
.
8. Undelivered or Unclaimed Goods
8.1 Where the Carrier is unable for any reason to deliver a Consignment
to the Consignee or as he may order, or when by paragraph 7.2
above transit is deemed to be at an end, the Carrier may sell
the goods comprising the Consignment. Payment or tender of the
proceeds after deduction of all proper charges and expenses in
relation thereto and of all outstanding charges in relation to
the carriage and storage of the Consignment shall (without prejudice
to any claim or right which the Customer may have against the
Carrier otherwise arising under these conditions) discharge the
Carrier from all liability in respect of the Consignment.
8.2 Notwithstanding the generality of paragraph 8.1 above, the
Carrier shall use his reasonable endeavours to obtain a reasonable
price for the Consignment and the Carrier's power of sale shall
not be exercised where the name and address of the Customer or
of the Consignee is known unless the Carrier shall use its reasonable
endeavours to give notice to the Customer and to the Consignee
that the goods will be sold unless within the time specified in
such notice, being a reasonable time in the circumstances from
the giving of such notice, the goods are taken away or instructions
are given for their disposal.
9. Carrier's Charges
9.1 The Carrier's charges shall be made in accordance with its
tariff current at the time of performance of the Contract. Invoices
will be prepared by the Carrier at least once a month. Credit
facilities may be withdrawn by the Carrier at its absolute discretion
at any time and the balance outstanding shall become due immediately
on demand.
9.2 The Carrier's charges shall be payable by the Customer without
prejudice to the Carrier's rights against the Consignee or any
other person. Without prejudice to the generality of the foregoing,
when goods are consigned "carriage forward", the Customer
shall not be required to pay such charges unless the Consignee
fails to pay after demand has been made by the Carrier for the
payment thereof and such demand has not been paid within the time
stipulated by the Carrier to the Consignee.
9.3 Charges shall be payable on the expiry of any time limit notified
to the Customer (whether on any invoice or otherwise) or failing
such notification 30 days after the relevant invoice and the Carrier
shall be entitled to interest at 3% above the base rate of Barclays
Bank plc for the time being calculated on a daily basis on all
amounts overdue to the Carrier. Any queries as to the correctness
of the invoice must be made in writing within seven days of issue
of the invoice otherwise it will be payable in full.
9.4 Except where any quotation states otherwise, all quotations
given based on a weight charge shall apply to the gross weight
of the Consignment.
9.5 Unless stated otherwise, all charges quoted are exclusive
of Value Added Tax.
9.6 All sums due to the Carrier shall be paid without deduction,
set-off or abatement and the Customer shall not withhold or defer
any payment on account of any claim or counterclaim and acknowledges
that any such claim or counterclaim whatsoever by the Customer
against the Carrier must be subject to separate proceedings.
9.7 Additional Charges such as Congestion charges, tolls, parking
fines, overnight allowance [where agreed verbally or in writing]
are charged to the customer, when incurred in the execution of
the customers delivery.
10. Liability for Loss and Damage
10.1 The Customer shall be deemed to have elected to accept the
terms set out in paragraphs 10.2 and 10.3 below unless, before
the transit commences, the Customer has agreed in writing that
the Carrier shall not be liable for any loss or misdelivery or
damage to the Consignment however or whenever caused and whether
or not caused or contributed to directly or indirectly by any
act, omission, neglect, default or other wrongdoing on the part
of the Carrier.
10.2 Save where the Customer has made specific arrangements for
insurance with the Carrier prior to commencement of transit of
the Consignment (as determined in accordance with Clause 7.1),
the Carrier shall not be liable for any loss or misdelivery or
damage to bullion, money, securities, deeds, bills of exchange,
promissory notes, stamps, photographs, documents of title to property,
jewellery, precious stones, gold, silver, platinum and other precious
metals, non-ferrous metals other than in component form, antiques,
watches, furs, drugs, human remains, nuclear fuel or nuclear waste,
cassettes, videos, spirits, tobacco (other than raw leaf tobacco)
and cigarettes, brittle/fragile/breakable articles or livestock
and the Customer shall indemnify and hold harmless the Carrier
in respect of any loss or damage caused in respect thereof to
any person whatsoever. In addition, the Carrier shall not carry
any passengers under any circumstances.
10.3 The Carrier shall not be liable in respect of any loss or
misdelivery of or damage to any Consignment if the same has arisen
from and the Carrier has used reasonable care to minimise the
effects of:
10.3.1 Acts of God;
10.3.2 Any consequences of war, invasion, act of foreign enemy,
hostilities (whether war or not), civil war, rebellion, insurrection,
military or usurped power of confiscation, requisition or destruction
of or damage to property by or under the order of any government
or public or local authority;
10.3.3 Seizure or forfeiture under legal process;
10.3.4 Act, omission, misstatement or misrepresentation by the
Customer or other owner of the Consignment or by servants or agents
of either of them;
10.3.5 Inherent liability to wastage in bulk or weight, defect
or inherent defect, natural deterioration or fragility of the
Consignment (notwithstanding that it may be marked "Fragile");
10.3.6 Insufficient or improper packing;
10.3.7 Insufficient labelling or addressing;
10.3.8 Riot, civil commotion, strike, lockout, general or partial
stoppage or restraint of labour from whatever cause;
10.3.9 The Consignee not taking or accepting delivery within a
reasonable time after the Consignment has been tendered;
10.3.10 Failure or delay in delivery for any reason whatsoever
beyond the control of the Carrier.
10.4 The Carrier shall not in any circumstances be liable for
loss or damage to the Consignment after transit of such goods
is deemed to have ended within Clause 7 above, whether or not
caused or contributed to directly or indirectly by any act, omission,
neglect, default, or other wrongdoing on the part of the Carrier.
11. Fraud
The Carrier shall not in any circumstances be liable in respect
of a Consignment where there has been fraud on the part of the
Customer or the owner of the Consignment or any part thereof or
the servants or agents of either of them 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.
12. Limitation of Liability
12.1 The liability of the Carrier for loss of or damage to any
Consignment shall be limited to a maximum of £20,000 whether
such loss or damage was due to the fault or negligence of the
Carrier or its servants, agents or employees or otherwise. If
the Customer wishes to arrange a higher level of liability in
respect of any Consignment, then it should apply to the Carrier
who may be able to arrange this at an additional charge to the
Customer.
12.2 Where the misdelivery, loss or damage howsoever sustained
is in respect of a part only of the Consignment, the Carrier's
liability shall be limited to the actual value of that part of
the Consignment or where such can not be readily ascertained a
sum representing the proportion which the part of the Consignment
misdelivered, lost or damaged represents of the total Consignment
based on the open market value of the total Consignment.
12.3 The Carrier shall not in any circumstances be liable for
any indirect loss or damage or for loss of profit or for loss
of a particular market whether held daily or at intervals.
12.4 The Carrier shall be entitled to receive written proof of
the value of the Consignment damaged or lost and shall be afforded
by the Customer a reasonable opportunity to inspect the Consignment
when delivery has been effected to the Consignee.
12.5 The Carrier shall only be liable for loss or damage occurring
within the geographical limits of Great Britain. For journeys
outside these limits, liability shall be restricted to the amount
of cover provided by the international agent or carrier chosen
at the Carrier's absolute discretion.
13. Time Limits for Claims
13.1 The Carrier shall not be liable for:
13.1.1 Loss of a parcel, package, or container or from an unpacked
Consignment or for damage to a Consignment or any part of a Consignment
unless it is advised thereof in writing otherwise than upon a
consignment note or delivery document within 3 days and the claim
giving details of quantum and the circumstances of any loss is
made in writing within 7 days after the termination of transit
as determined above;
13.1.2 Loss or misdelivery or non-delivery of the whole of the
Consignment or any separate parcel, package or container forming
part of a Consignment unless the Carrier is advised of the loss,
misdelivery or non-delivery in writing, otherwise than upon a
consignment note or a delivery document within 14 days and the
claim giving details of quantum and the circumstances of any loss
is made in writing within 21 days after the commencement of transit
as determined above.
14. Indemnity to the Carrier
14.1 The Customer shall indemnify the Carrier against:
14.1.1 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 Consignment
or by any servant or agent of either of them, insufficient or
improper packaging, labelling or addressing of the Consignment
or fraud;
14.1.2 All claims and demands whatsoever by whomsoever made in
excess of the liability of the Carrier under these Terms and Conditions;
14.1.3 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 by the Carrier of Dangerous Goods whether
or not declared by the Customer as such;
14.1.4 All claims made upon the Carrier by H M Customs & Excise
in respect of dutiable goods consigned in bond whether or not
transit has ended or been suspended.
15. Lien
The Carrier shall have a general lien against the Customer, where
the Customer is the owner of the Consignment, for any monies whatever
due from the Customer to the Carrier. If such a lien is not satisfied
within a reasonable time, the Carrier may at its absolute discretion
sell the Consignment or part thereof, as agent for the Customer
and apply the proceeds towards monies due and the expenses of
the retention, insurance and sale of the Consignment and shall,
while accounting to the Customer for any balance remaining, be
discharged from all liability whatsoever in respect of the Consignment.
Where the Customer is not the owner of the Consignment, the Carrier
shall have a particular lien against the said owner, allowing
the Carrier to retain possession, but not dispose of, the goods
against monies due from the Customer in respect of the Consignment.
16. Unreasonable Detention
The Customer shall be liable for the cost of unreasonable detention
of any vehicle, trailer, or other items of the Carrier, including,
but not limited to VOSA holding the vehicle for being overweight,
Customs and Excise for for duty payable. Or for carrying dangerous
or excluded cargo.
17. Impossibility of Performance
The Carrier shall be relieved of its obligation to perform a Contract
to the extent that performance is prevented by the failure of
the Customer, fire, weather conditions, industrial dispute, labour
disturbance or cause beyond the reasonable control of the Carrier.
The consignment will be returned to the customer, and payment
will be charged to the customer at the delivery rate plus the
return journey rate.
18. Computation of Time
In the computation of time, where any period of days provided
by these Terms and Conditions is 7 days or less, Saturdays, Sundays
and all Bank/Public Holidays shall be excluded.
19. Governing Law and Jurisdiction
These Terms and Conditions and all Contracts shall be governed
by and construed in accordance with the Laws in England and any
proceedings in relation thereto shall be subject to the exclusive
jurisdiction of the English Courts.
