1. DEFINITIONS:
1.1 “Company” means any party authorised by Gofers Northampton whose registered office is at 10 Cheyne Walk, Northampton, NN1 5PT.
1.2 “Conditions” means the conditions of carriage set out in this document and includes any special terms and conditions agreed in writing by the Company
1.3 “Consignee” means the person or party to whom the Company contracts to deliver the Consignment
1.4 “Consignment” means the goods or items to be carried in accordance with the Conditions
1.5 “Contract” means the contract of carriage between the Customer and the Company
1.6 “Customer” means the person or party whose request for the provision of the Services is accepted by the Company
1.7 “Dangerous Consignment” means dangerous substances under the Carriage of Dangerous Goods Regulations 1996 as amended and any other substance presenting a similar hazard
1.8 “Price” means the price as set out in any quotation price list or order (or when no price has been quoted a reasonable price) excluding VAT
1.9 “Services” means the provision of carriage services as detailed overleaf or in such documentation or literature produced by the Company from time to time which the Company is to carry out in accordance with the Conditions
1.10 “Carrier” means any party which is contracted by the company to complete the delivery
2. CONDITIONS APPLICABLE:
2.1 The Company is not a common carrier
2.2 The Company shall provide the Services in accordance with terms agreed orally or in writing with the Customer subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions
2.3 No variation to these Conditions shall be binding unless agreed in writing between the authorised representative of the Company and the Customer
2.4 Any representations made by the Company’s employees or agents or franchisees or sub-contractors concerning the Services shall not be incorporated into the Contract unless confirmed by the Company in writing and in entering into the Contract the Customer acknowledges that it does not reply on and waives any claim for breach of such representations which are not so confirmed
2.5 Any typographical clerical or other error or omission in any sales literature quotation price list acceptance of offer invoice or other documentation or information issued by the Company shall be subject to correction without any liability on the part of the Company
2.6 In the event that the company is deemed an agent for the carrier the carrier is contracted by the company to provide services to the customer the terms and conditions of the carrier shall apply
3. CUSTOMERS OBLIGATIONS:
3.1 The Customer shall ensure that each Consignment and each item thereof shall be securely and correctly packaged and clearly and properly labelled with the full and correct address and postcode of the Consignee
3.2 The Customer shall not without the prior written consent of the Company submit for carriage a Dangerous Consignment. If the Company agrees to accept a Dangerous Consignment for carriage it must be classified packed and labelled in accordance with all applicable statutory regulations
3.3 The Customer warrants that there are no special requirements for the carriage of the Consignment (whether as to temperature humidity or otherwise) and accordingly the Company shall have no liability in the event of any deterioration loss or damage to the Consignment arising from any such requirements
3.4 If the Consignment or any part of it is not the Customer’s own unencumbered property the Customer warrants that it has the authority of all persons owning or having an interest in such Consignment to enter into this Contract and the Customer shall indemnify the Company against any loss damage or claims made upon the Company as a result of any want of such authority
3.5 The Company shall not accept for carriage any livestock
4. THE SERVICES:
4.1 The Customer acknowledges that the Company may perform any of its obligations or exercise any of its rights hereunder by itself or through its agents franchisees and/or sub-contractors provided that any action or omission by such agents franchisees and/or sub-contractors shall be deemed to be the act or omission of the Company
4.2 The Customer acknowledges that the means of transport and route in respect of each Consignment shall be at the sole discretion of the Company
4.3 Any dates or times given for the delivery of the Consignment are approximate only unless otherwise agreed in writing and save as otherwise provided herein the Company shall not be liable for any loss suffered by the Customer arising from any delay in delivery of the Consignment
4.4 Transit shall commence when the Consignment is delivered to or collected by or on behalf of the Company and shall (unless otherwise previously determined) end when the Consignment is tendered at the address of the Consignee save that:
(a) if no adequate access and no adequate unloading facilities exist at the place of the delivery then delivery shall be deemed at the expiry of one clear day after notice in writing by the Company is given to the Customer
(b) where for any other reason a Consignment cannot be delivered or a Consignment is held “to be kept until called for” or upon any like instructions and such instructions are not given or the Consignment is not called for and removed within a reasonable time then transit shall be deemed to end
4.5 Unless otherwise agreed in writing the Company shall not be under any obligation to provide any plant power or labour in addition to any driver in respect of unloading at the delivery address of the Consignee.
5.0 CHARGES AND PAYMENT:
5.1 The Company shall only accept any “carriage forward” Consignment by prior written arrangement and in such event the Customer shall not be required to pay the Price and VAT if paid by the Consignee
5.2 Subject to any special terms agreed in writing between the Company and the Customer the Company shall be entitled to invoice the Customer for the Price and VAT at the rate prevailing on the date of the Company’s invoice before on or at any time after performance of the Services
5.3 The Customer shall pay the Price and VAT either on receipt of the Company’s invoice or (if specifically notified by the Company) within 30 days of the date of the invoice (the “Due Date”)
5.4 Time of payment of the Price and VAT shall be of the essence of the Contract
5.5 If the Customer fails to make payment on the Due Date then without prejudice to any other right or remedy available to it the Company shall be entitled to:
(a) cancel the Contract and/or suspend the provision of any further services to the Customer; and
(b) charge the Customer interest (before and after any judgement) on the amount unpaid at the rate of 4% per annum above National Westminster Bank Plc base rate from time to time until payment is made in full (part of a month being treated as a full month for the purpose of calculating interest)
5.6 If the Price in respect of the carriage of any Consignment is to be calculated by reference to the weight of such Consignment and the weight is not stated on the relevant Consignment note or the weight stated is incorrect the Company shall be entitled to estimate or determine the actual weight of such Consignment and shall be entitled to increase the Price accordingly
5.7 The Company 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 Company. If such a lien is not satisfied within a reasonable time the Company may at its absolute discretion sell the Consignment or part thereof as agent for the Customer and apply the proceeds against any of the monies due and the expenses of the retention insurance and sale of the Consignment and shall upon accounting to the Customer for any balance remaining be discharged from all liability whatever in respect of the Consignment. Where the Customer is not the owner of the Consignment the Company shall have a particular lien against the said owner and shall be entitled to retain possession but not dispose of the Consignment against monies due from the Customer in respect of the Consignment
6. WARRANTIES AND LIABILITIES:
6.1 Subject as expressly provided in these Conditions the Company warrants that the Services will be performed with reasonable skill and care and in accordance with the Contract
6.2 The Company shall be under no liability under any warranty condition or guarantee if the Price and VAT have not been paid by the Due Date
6.3 The Company shall not be liable to the Customer by way of any representation or any implied warranty condition or other term or any duty at common law or under the express terms of the Contract for any consequential loss or damage (whether for loss of profit or otherwise) costs expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Company its employees agents franchisees or sub-contractors) which arise out of or in connection with the supply of the Services except as expressly provided in these Conditions
6.4 Any liability of the Company hereunder in respect of any delay in performing or failure to perform the Services shall be limited to the cost to the Customer in the cheapest available market of similar services to replace those not performed
6.5 Save where the Customer provides the Company with written notification (as provided by clause 3.4) and insurance cover is arranged by the Company or as otherwise agreed in writing the Company’s liability for any loss of or damage to any Consignment arising as a consequence of default by the Company its employees agents franchisees or sub-contractors shall be limited to the lesser of the value of the Consignment or the sum of £50
6.6 Nothing contained herein is intended nor will limit the Company’s liability in respect of death or personal injury caused by the Company its employees agents franchisees or sub-contractors
7. INDEMNITY:
The Customer shall indemnify the Company against:
(a) All consequences suffered by the Company its agents franchisees or sub-contractors (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 caused by any error omission misstatement or misrepresentation by the Customer or other owner of the Goods or any servant or agent of either of them or insufficient or improper packing labelling or addressing of the Goods
(b) All claims and demands whatever by whosoever made in excess of the liability of the Company under these Conditions
(c) All loss suffered by and claims made against the Company its agents franchisees or sub-contractors resulting from loss of or damage to property caused by or arising out of the carriage of a Dangerous Consignment whether or not declared by the Customer as such
(d) All claims made upon the Company its agents franchisees or sub-contractors in respect of duty for Consignment in bond whether or not transit has ended or been suspended
8. TIME LIMITS FOR CLAIMS:
Claims for liability will not be accepted by the Company unless:
(a) made in writing within 7 days of termination of transit where a Consignment is damaged and so noted on Consignment or delivery documents
(b) advised by 5 pm on the next working day after termination of transit and the written claim made within 7 days where a Consignment is damaged and not so noted or loss incurred from a parcel package or container or from an unpacked Consignment
(c) advised in writing within 28 days and a written claim made within 42 days of termination of transit where the whole Consignment or any separate parcel package or container forming part of a Consignment is lost or not delivered
9. TERMINATION:
Without prejudice to any other right or remedy available to it the Company shall be entitled to cancel the Contract or suspend any further performance under the Contract without any liability on the part of the Company to the Customer and if the Services have been performed but not paid for the Price and VAT shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary in the event that:
(a) the Customer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or a firm) becomes bankrupt or (being a company) goes into liquidation (other than for the purposes of amalgamation or reconstruction)
(b) an encumbrance takes possession of or a receiver is appointed over the property or assets of the Customer
(c) if the Customer (if not a consumer within the meaning of the Unfair Terms Act 1977) ceases or threatens to cease to carry on business
(d) if the Customer breaches any of the Conditions
(e) if the Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly
10. FORCE MAJEURE:
Neither party shall be liable for any default due to any act of God war strike lock out industrial action fire flood drought tempest or any other event beyond the reasonable control of either party
11. GENERAL
11.1 The headings in these Conditions are for convenience only and shall not affect interpretation
11.2 No waiver by the Company of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision
11.3 No failure of the Company to exercise any power given to it or to insist upon the strict compliance by the Customer with any obligation hereunder and no custom or practice of the parties at variance with the terms hereof shall constitute any waiver of any of the Company’s rights of this Contract
11.4 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in hole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby
11.5 This Contract is governed by the laws of England and is subject to the non exclusive jurisdiction of the English Courts