Terms & Conditions of Carriage
STUART FARRINGTON, of 16 Eller Brook Close, Heath Charnock, Chorley, Lancashire PR6 9NQ (hereinafter referred to as "the carrier") is NOT a common carrier and accepts consignments 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 to do so.
All and any business undertaken, including any advice, or information given, or service provided, is transacted subject to the conditions hereinafter set out, and each condition shall be deemed to be incorporated in, and to be a condition of, any agreement between the carrier and its clients.
Under these conditions our liability for loss or damage is limited to a maximum of £20.00 per kg up to 1,000 kg per consignment and is excluded in certain circumstances. Different limits of liability may apply for journeys which take place outside the British Isles.
We are not responsible for loss of profit, for loss of a particular opportunity, market or customer or for any other indirect or consequential damage or loss.
In these conditions:
“Calendar Day” means any day Monday to Sunday inclusive.
"Client" means the person who contracts for the services of the carrier.
"Contract" means the contract of carriage between the client and the carrier.
"Consignment" means goods in bulk or contained in one parcel, package or container, as the case may be, or any number of separate
parcels, packages or containers sent at one time in one load by or for the client from one address in the United Kingdom to one address in the United Kingdom.
“Day” means any day Monday to Friday inclusive other than a Bank or Statutory Holiday, including the delivery day and the day on which any claim or notice is first made.
"Dangerous Goods" means consignments of any nature as may be included in the Approved Carriage List prepared pursuant to the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 as may be amended from time to time and goods which represent a similar hazard, radioactive material and explosives of any nature.
Non account holders: Payment in full is required prior too, or upon collection of consignment.
Account holders: All credit accounts are rendered at such periodic intervals as shall be the carriers policy from time to time and are subject to settlement within 30 calendar days of the date of the Couriers invoice, (unless alternative terms have been agreed). Where payment is not received by that date, any offer by the carrier to give a credit or discount for prompt settlement will automatically be deemed to be withdrawn and the carrier reserves the right to impose a surcharge on all outstanding balances.
All credit accounts are subject to a maximum permitted balance of -£500.00 (unless an alternative maximum permitted balance has been agreed).
WE UNDERSTAND AND WILL EXERCISE OUR STATUTORY RIGHT TO INTEREST AND COMPENSATION FORDEBT RECOVERY COSTS UNDER THE LATE PAYMENT LEGISLATION IF WE ARE NOT PAID ACCORDING TO OUR CREDIT TERMS.
Where the client confirms contract of carriage then subsequently cancels one of the following charges shall apply:
If contract is cancelled within 60 minutes of advised collection time and a vehicle has NOT been despatched to collection point. £0.00
If contract is cancelled and a vehicle HAS been despatched, but not arrived at the collection point a charge will be made. This may be based upon the mileage the vehicle travelled from time of despatch until time of cancellation and will be a MINIMUM of £30.00.
If contract is cancelled when vehicle HAS arrived at collection point a charge will be made. This may be based upon the mileage the vehicle travelled from time of despatch to collection point, plus take into account any time the vehicle has had to wait on site prior to confirmation of cancellation and will be a MINIMUM of £30.00. Please Note: In circumstances where the carrier has been requested to collect a consignment that is not within a reasonable distance of the FY2 postal code area, and the delivery destination was within the FY postal code area then we may charge the full amount agreed for that consignment.
The carriers charges shall be payable by the client without prejudice to the carriers rights against the consignee or any other person.
The client shall pay all charges for the delivery service within 30 calendar days of the date of the Couriers invoice (unless alternative terms have been agreed) without set-off or deduction or counterclaim
The carrier does not contract to carry or store ANY liquids, chemicals, dangerous, infested, contaminated or condemned goods.
This includes (but is not limited to) weapons, ammunition, controlled drugs (within the meaning of the Misuse of Drugs Act 1971 or any Statutory amendment of or substitute for that Act), industrial chemicals, unlawful, noxious, dangerous, hazardous, inflammable or explosive items of any kind, or any items which may not otherwise be collected, carried, stored or otherwise possessed, delivered, imported or exported into or from any country, region or place without declaration, licence or other permission from any statutory or regulatory body.
The client shall be liable for all loss or damage whatsoever and howsoever caused by, to or in any connection with Goods described by this clause and, without prejudice to the carrier making claims on any basis for damages, the client will indemnify and hold harmless the carrier against all fines, penalties, actions, claims, damages, losses, costs and expenses, whatsoever and howsoever arising in any jurisdiction in connection therewith. Without prejudice to any of the carrier's other rights contained in these Conditions. Goods aforesaid may be destroyed, abandoned, released, surrendered or otherwise dealt with at the sole discretion of the carrier, or by any other person in whose custody they may be at the relevant time, without liability on the part of the carrier to the client.
IMPOSSIBILITY OF PERFORMANCE
The carrier shall be relieved of his obligations to perform the contract to the extent that the performance thereof is prevented by Act of God, Fire, Weather Conditions, Industrial Dispute, Labour Disturbance or causes beyond the reasonable control of the carrier.
LOADING AND UNLOADING
When collection or delivery takes place the carrier shall not be under any obligation to provide any plant, power or labour in addition to the carriers driver, required for loading or unloading at such premises. When the carrier is called upon to load or unload consignments requiring special appliances for loading or unloading, the carrier shall be under no liability whatever to the client for any damage whatever, however caused, arising out of such loading or unloading and the client shall indemnify the carrier against all claims and demands whatever, which could not have been made if such assistance had not been given.
The carrier shall only be responsible for loss or damage, for any non-delivery or mis-delivery, if it is proved that any such loss, damage, non-delivery or mis-delivery occurred whilst the consignments were in the actual custody of the carrier (excluding storage overnight or at any other time) or the carrier’s agent, and that such loss, damage, non-delivery or mis-delivery was due to the negligence or default of the carrier.
PARTIES AND SUB-CONTRACTING
The client warrants that he is either the owner of the goods in any consignment, or is authorised by such owner to accept these conditions on such owners behalf.
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.
When the carrier employs the services of another carrier for the provision of next day delivery services the terms and conditions of that carrier shall replace these terms and conditions and the carrier will supply on request a copy of the said terms and conditions.
The client warrants that all consignments entrusted to the carrier have been properly and sufficiently packed, labelled and prepared.