Motor Policy
All our vehicles are covered with a full comprehensive motor policy for any vehicle
the property of the insured or in our custody or control.
Each branch will hold their individual certificate of motor insurance.
Traders Policy
All employees, customers and members of the public are covered by a comprehensive
trader's policy including: -
- £10 million Employers Liability.
- £1 million Public Liability.
- Total value of Bona-Fida sub-contractors.
Each branch will hold their individual certificate of
insurance.
Goods in Transit Policy
All our vehicles are covered with variable goods in transit limits based upon
the laden weight of the vehicle, these are as follows: -
0 - 999kgs £20000 per consignment.
1000 – 1999kgs £25000 per consignment.
2000kgs & over £35000 per consignment.
(Any premiums requirements can be arranged with the local branch)
Each branch will hold their individual certificate of
goods in transit insurance. |
|
Below are the companies' logistics terms and conditions that
apply to all clients unless defined by an addendum(s) authorised
by CJ's Logistics Solutions (Franchising) Ltd.
I/we "the customer" have read and accept all terms
and conditions set below, once I/we have agreed with you the "carrier"
a consignment to be carried throughout the United Kingdom; will
accept your consignment note as proof of delivery, and accept this
as a contract of the logistics service supplied.
1.
DEFINITIONS
In the Conditions:
1.1 Carrier means the person (corporate or otherwise) who contracts
with the Customer to carry the goods.
1.2 Consignee means the person (corporate or otherwise who may
or may not be the Customer) to whom the Carrier contracts to deliver
the consignment.
1.3 Consignor means the person (corporate or otherwise who may
or may not be the Customer) who supplies the consignment to the
Carrier for carriage.
1.4 Customer means the person (corporate or otherwise) who contracts
with the Carrier for the carriage of goods.
1.5 Contract means the Agreement between the Customer and the Carrier
for the carrying out of the logistics service.
1.6 Consignment means goods whether single or multiple units or
in bulk despatched at any one time from one Consignor in a single
load from one address in the United Kingdom to one Consignee at
any one other address in the United Kingdom.
1.7 Dangerous Goods means goods 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.
1.8 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 notification is first made.
1.9 Alternative Dispute Resolution means any procedure agreed by
the parties for the resolution of disputes other than those involving
formal arbitration or litigation.
1.10 Loss means the actual loss of the goods or failure by the
Carrier to deliver the goods within 30 days of the agreed time
limit for delivery or, if there is no agreed time limit, within
60 days from the date on which the Carrier took over the goods.
1.11 Delay means failure by the Carrier to deliver the goods within
the agreed time limit, or if there is no agreed time limit, within
the period of 60 days from the date upon which the Carrier takes
possession of the goods.
1.12 Owners Risk means that the goods are held upon terms that
the Carrier shall not be liable for any loss of whatsoever nature
and howsoever caused including negligence in relation to the goods
or as a consequence of the goods being in the Carrier's possession.
The Customer will indemnify the Carrier against all claims that
may be made against the Carrier arising from the carriage, retention
or storage of such goods.
1.13 The expressions Carrier, Consignee, Consignor and Customer
shall include those parties' principals, agents and servants.
Back to top
2. PRINCIPAL PARTIES AND SUB - CONTRACTORS
2.1 The Customer contracts as the legal owner of the goods or as
the authorised agent of such legal owner in which case the Customer
warrants that he has the authority to accept these Conditions on
behalf of the legal owner.
2.2 Unless written instructions to the contrary are received from
the Customer, the Carrier may sub-contract part or the whole of
the consignment.
2.3 Where carriage of any consignment or part of a consignment
is sub-contracted to a sea, air or rail carrier then the liability
of the carrier and of any sub-contractor shall be limited and/or
excluded in accordance with the conditions of carriage of that
sub-contractor or as provided for by statute or international convention.
2.4 Notwithstanding the provisions of the Condition 2.2, the Carrier
may not sub-contract the carriage of Dangerous Goods without the
prior written consent of the Customer.
2.5 Where part or the whole of the carriage has been sub-contracted
as provided for in Condition 2.2 above, such subcontractors shall
have the benefit of these Conditions of Carriage and shall be under
no greater liability to the Customer than or in addition to that
of the Carrier under the Contract and the Customer agrees with
the Carrier that no claim shall be made against a sub-contractor
in addition to or in excess of the limitations and/or exclusions
of liability as set out in these Conditions.
Back to top
3. LOADING AND UNLOADING
3.1 The Carrier shall not be required to provide additional services other
than the service for the carriage of the Consignment from the designated place
of collection to the designated place of delivery unless any such service has
been requested by the Customer and agreed by the Carrier in writing, prior
to collection or delivery being made.
3.2 The Customer shall be responsible for providing and safely operating any
equipment that may be required for loading the Consignment on or unloading
the Consignment from the vehicle unless arrangements to the contrary are agreed
in writing between the Carrier and the Customer prior to despatch and these
Conditions shall apply during such loading and/or unloading.
3.3 The Carrier shall not be liable for any loss or damage caused as a result
of its use of defective equipment supplied by the Consignee or Consignor and
the Customer shall indemnify the Carrier against any claim made against the
Carrier in respect of such loss or damage including claims in respect of death
or personal injury.
3.4 The Carrier shall not be liable for any loss or damage caused as a result
of negligent acts committed by the Consignor or Consignee or their servants
or agents in assisting with loading and/or unloading and the Customer shall
indemnify the Carrier against any claim made against the Carrier in respect
of such loss or damage including claims for death or personal injury.
3.5 The Carrier shall not be liable for any miss-loading caused as a result
of negligent acts committed by the Consignor or Consignee or their servants
or agents in assisting with loading and/or unloading and the Customer shall
indemnify the Carrier against any claim made against the Carrier.
3.6 The Carrier will endeavour to make the Consignment reasonably accessible
on the vehicle at the place designated for delivery.
3.7 The Customer shall make available to the Carrier upon request details of
any risk assessments which may have been carried out at the collection and/or
delivery addresses. The responsibility for carrying out such risk assessments
shall be that of the Customer and not of the Carrier.
Back to top
4. DANGEROUS GOODS
4.1 The Contract for the carriage of Dangerous
Goods shall be voidable by the Carrier and the Carrier shall have
no liability unless,
prior to loading, the Carrier receives precise and correct identification
of the substances in writing and has agreed to accept the same
for carriage. Transport Emergency Cards ("Tremcards")
must be provided by the Customer in the form prescribed by the
appropriate statutory authority giving details of each and every
substance the Carrier is requested to carry. Written information
must be provided in respect of goods classified as "Dangerous" and
where a "Tremcard" is not required by Statute. "Tremcards" or
other written notification provided by the Customer must accompany
each and every Consignment.
4.2 The Customer shall be responsible for ensuring that such substances
are properly and safely packaged and labelled with the identities
of the substances and all other relevant information as specified
by any statutory requirements for the time being in force.
4.3 The Customer shall be responsible for and indemnify the Carrier
against any loss or damage and claims made upon the carrier in
respect of any injury to persons or damage to property arising
from the non-compliance by the Customer or the Consignor with any
of the provisions of these Conditions in as far as they relate
to the carriage of Dangerous Goods, unless the Customer proves
that the loss, damage or injury was due to the negligence of the
Carrier.
Back to top
5. CONSIGNMENT NOTES/RECEIPTS
5.1 The Carrier shall, if requested, sign
a document acknowledging receipt for the carriage of the quantity
and description of the
Consignment loaded on to the Carrier's vehicle, to the extent
this can be determined, by visual inspection. Such receipt shall
not be evidence as to accuracy of the condition, weight, quantity
nor nature of the goods said to comprise the Consignment at the
time the receipt document is signed by the Carrier and/or his agents
and/or his servants. The burden of proof in the event of dispute
is the responsibility of the Customer.
5.2 The Carrier shall use its best endeavours to obtain a signed
receipt of delivery of the Consignment from the Consignee unless
otherwise agreed with the Customer. Such receipts will be returned
to the Customer as proof of delivery, unless otherwise agreed in
writing by the Customer and/or his agent and/or his servants.
6.
CARRIER'S RESPONSIBILITY
6.1 Goods are accepted by the Carrier
for carriage at 'owner's
risk' where the Carrier is able to show that the Customer
has explicitly agreed to the carriage of the goods at 'owner's
risk'. In that event, the Carrier shall not be liable for
loss damage or delay to the goods no matter howsoever or by whomsoever
caused and the Customer agrees to indemnify the Carrier against
any claims made by any Third Party in respect of the goods carried.
6.2 Subject to the provisions of Condition 6.1 above the Carrier's
responsibility for the Consignment shall commence when the Carrier
takes physical control of the Consignment at the point of collection
or by receiving the same at the Carrier's premises.
6.3 The Carrier's responsibility for the Consignment shall
end when the Carrier, it's agents or sub-contractors relinquish
physical control of the Consignment at the proper place of delivery
or the Consignment is presented at the proper place of delivery
within normal business hours allowing sufficient time for unloading.
6.4 If it has been agreed that the Consignee will collect the goods
from the Carriers premises or if the Carrier is prevented from
making delivery at the Consignee's address as a consequence
of the absence of a safe and/or adequate access or unloading facility
then the Carriers responsibility for the goods shall end at the
expiration of 1 hour after notice by letter, telephone, fax or
e-mail or other agreed method of communication of the availability
of the goods has been given to the consignee and/or the consignor.
6.5 At any time during the term of the Contract the Customer may
request or the Contractor may recommend variations to the service
and/or variations to any other matters covered by the Contract.
The Carrier shall investigate the likely impact of any such requested
or recommended variations upon the service, the charge for the
service and other aspects of the Contract and shall report promptly
to the Customer. Neither party shall be obliged to agree to any
requested or recommended variation but neither party shall withhold
its Agreement unreasonably. Until such time as any variation to
the Contract resulting there from have been mutually agreed in
writing, the parties shall continue to perform their respective
obligations without taking account of the requested or recommended
variation.
Back to top
7. CARRIER'S CHARGES
7.1 The Carrier's charges shall be payable by the Customer
provided always that, when the goods are consigned 'carriage
forward', the Consignee shall have primary responsibility
for the payment of the carriage charges but the Customer shall
pay such charges in the event of default by the Consignee and the
Carrier shall not be required to take any steps to obtain payment
from the Consignee other than a written request for payment.
7.2 Notwithstanding any claim which the Customer may have against
the Carrier, the Carrier's charges for carriage and any other
services incidental to the carriage chargeable under the Contract;
shall be payable by the Customer within 30 days; of the end of
the month; of the date of the invoice unless otherwise agreed in
writing. Should the charges not be paid within such a period, then
the Carrier shall be entitled to interest at the rate of 8 per
cent above the base rate of the Bank of England prevailing at the
date of invoice, calculated on a daily basis.
7.3 The Carrier's consignment note will be sufficient to
prove that payment is payable by the Customer within the conditions
of 7.2.
Back to top
8. DISPOSAL OF THE GOODS BY THE CARRIER
8.1 In the event that the Carrier is unable
for any reason beyond its reasonable control to deliver the Consignment
in accordance
with the Contract, the Carrier shall seek further instructions
from the Customer. The Carrier's reasonable additional charges
for retaining the goods pending the arrival of such further instructions
and for carrying out those instructions shall be chargeable to
the Customer.
8.2 Subject to the provisions contained in Condition 8.2 (a) to
(c) below, where the Carrier is unable to obtain further instructions
from the Customer in accordance with Condition 8.1, the Carrier
may sell the goods provided that such sale is permitted by law.
Payment or tender of the net proceeds to the Customer after deductions
of all costs of and charges for carriage, other services incidental
to the carriage chargeable under the contract, storage and disposal
and expenses in relation to the goods shall (without prejudice
to any claim or right which the Customer may have against the Carrier
otherwise arising under the Conditions) discharge the Carrier from
all liability in respect of such goods, their carriage and storage.
(a) The goods may not be sold unless the Carrier shall have made
reasonable efforts (having regard, if appropriate, to the perishable
nature of the Consignment) to notify the Customer of the Carrier's
intention to sell the goods. The goods may then be sold unless
within reasonable time (such time to be specified in the notice)
the Customer shall have arranged to collect the goods or given
instructions for their disposal and have paid, without prejudice,
all outstanding charges as referred to in this Condition including
any warehousing charges which may have been incurred during the
time that the goods have been retained.
(b) Pending the expiry of such periods of notice as aforesaid and
of disposal of the goods under these provisions the Carrier shall
at the expense of the Customer have authority to arrange proper
storage of the Consignment. During such period of storage the goods
will be held at 'owners' risk"; and the carrier
shall not be liable for loss or damage of the goods howsoever caused.
(c) In the event of a sale under this Condition the Carrier shall
do what is reasonable to obtain the market value of the Consignment
(subject to any unavoidable deterioration thereof). If the goods
have no market value, then the Carrier may dispose of them subject
to compliance with all legal requirements in force in respect of
such goods.
8.3 Subject to the provision of Clause 8.1 above, and in circumstances
in which the Carrier is unable to obtain further written instructions,
the Carrier may, in respect of Dangerous Goods only, at his sole
discretion dispose of the goods or return them to the Customer.
Where such action is taken by the Carrier, it shall comply with
all prevailing legal requirements that may be in force in respect
of the goods. Any such action taken by the Carrier under this Clause
shall be at the sole risk and expense of the Customer.
Back to top
9. LIABILITY FOR LOSS, DAMAGE OR DELAY
9.1 Subject to these Conditions the Carrier shall be liable for:
(a) Any loss of or damage to the goods in a Consignment occurring
whilst the Carrier has responsibility for the Consignment in accordance
with Condition 6 above;
(b) Any delay in the carriage of any goods in a Consignment arising
from the negligence of the Carrier.
9.2 The Carriers liability is restricted to the financial limits
imposed under Clause 10 of these Conditions unless otherwise agreed
in writing between the contracting parties prior to the transit
commencing.
9.3 The Carrier shall not be liable for whatsoever reason for loss
of or damage to, or miss-delivery or loss arising from any delay
in respect of: Bullion, Precious Metals, Precious Stones, Money
(whether in note or coin form), Securities, Stamps, Legal or Business
Documents, Living Creatures or anything of a similar nature unless:
(i) The Carrier has agreed in writing to carry such goods at the
specific request of the Customer prior to commencement of the transit;
(ii) The Customer has agreed to reimburse the Carrier with all
additional costs necessarily incurred as a direct result of the
Carrier agreeing to carry such goods;
(iii) The loss or damage or delay has been proved to have been
caused by the negligence of the Carrier and/or his agents and/or
his servants.
9.4 The Carrier shall be relieved of all liability if such loss,
damage or delay arises from the effect of:
(a) Act of God;
(b) Any consequence of war, act of foreign power, terrorism, requisition
or destruction of or damage to property by or under the order of
any government or public or local authority;
(c) Seizure or forfeiture under legal process;
(d) Error, act, omission, miss-statement or miss-representation
by the Customer or other owner of the goods or by servants or agents
of either of them;
(e) Inherent liability due to wastage in bulk or weight, latent
defect or inherent defect, vice or natural deterioration of the
goods;
(f) Any special handling requirements in respect of the goods which
have not been notified to the Carrier;
(g) Insufficient or improper packaging, unless the Carrier has
contracted to provide this service;
(h) Insufficient or improper labelling or addressing, unless the
Carrier has contracted to provide this service;
(i) Riot, civil commotion, strike, lockout, general or partial
stoppage or restraint of labour from whatever cause;
(j) Defect of any equipment supplied by the Customer under Condition
3.2 or any negligence of the Customer's agents or servant;
(k) Delay in providing to the carrier safe and adequate access
and/or delivering instructions in accordance with condition 6.4;
(l) Fraud on the part of the Customer, Consignor, Consignee or
owner or of their servants or agents in respect of all or any part
of the consignment.
Back to top
10. LIMITATION OF LIABILITY OF CARRIER
10.1 Unless otherwise agreed in writing between the Customer and
the Carrier prior to the commencement of carriage, the liability
of the Carrier in respect of loss of or damage to goods whilst
they are the responsibility of the Carrier in accordance with Conditions
6 and 9 hereof shall be limited as follows:
(a) Where the whole or part of a Consignment is lost or damaged
to a maximum rate as stated above; inclusive of all/any duties
and/or taxes on the gross weight of the Consignment, or that proportion
by weight of lost or damaged property as stated on the consignment
note referred to in Condition 5, or otherwise ascertained, or £50
for the total Consignment whichever is greater but not exceeding
the actual value of the Consignment or part of the Consignment;
(b) For the purpose of this Condition the value referred to is
the valuation of the goods at the time they are accepted for carriage;
including all duties and taxes. Provided that no claim shall be
accepted by the Carrier; pending its receipt from the Customer
of proof of the value of the Consignment or any part thereof.
10.2 The Carrier's liability for any delay or consequential
loss shall not exceed the amount of the claimant's bona fide
loss or the amount of the carriage charges whichever shall be the
smaller unless agreement has been made previously in writing between
the Carrier and the Customer for a specific level of liability
for such delay or consequential loss.
Back to top
11. CUSTOMER'S INDEMNITY TO THE
CARRIER
The Customer shall indemnify the Carrier against:
11.1 Loses suffered by the Carrier arising from any negligent act,
negligent omission, negligent misdirection or negligent misstatement
by the Customer, Consignor or Consignee, its servants or agents;
11.2 Claims of any nature for loss or damage resulting from the
carriage of Dangerous Substances where the Customer's obligations
in Condition 4 above have not been met.
11.3 Claims and demands of any nature in respect of loss of or
damage to the goods made by any Third Party additional to or in
excess of the limits of liability of the Carrier set out in Condition
10 above.
11.4 Any claims made or penalties imposed by the Commissioners
of Customs and Excise in respect of dutiable goods.
11.5 Claims and demands made by a Third Party attributable to lack
of authority on the part of the Customer to enter into the Contract
upon these Terms and Conditions.
Back to top
12. NOTIFICATION OF CLAIMS
12.1 The Carrier shall not be liable for:
(a) Loss or damage of the whole of the
Consignment unless a claim specifying the general nature thereof
is submitted by the Customer
to the Carrier in writing within three days from the Carrier's
responsibility for the Consignment having commenced in accordance
with Condition 6.2 above and unless a detailed claim giving weight
and value and date of collection are submitted by the Customer
to the Carrier in writing within three days from the Carriers responsibility
for the Consignment having ended or been deemed to have ended.
(b) Loss or damage of any part of a Consignment unless a claim
specifying the general nature thereof is submitted by the Customer
to the Carrier in writing within three days from the Carriers responsibility
for the Consignment having ended in accordance with Condition 6.3
above and a detailed claim specifying the weight, value and date
of collection and date of delivery are submitted in writing within
three days of the Carriers responsibility having ended.
(c) Damage of any description unless the damaged goods are made
available to the Carrier's representative for inspection
for a reasonable period following notification of the claim.
(d) Delay in delivery of whole or part of the Consignment unless
the Carrier is informed in writing within three days of the date
by which the delivery should have been made. For the avoidance
of doubt where no date for delivery has been agreed notification
should be given within seven days of the Carrier's responsibility
for the consignment having commenced.
12.2 The Carrier shall not benefit from this exclusion of liability
if the Customer provides evidence that:
(a) In all the circumstances it was not reasonably possible so
to advise the Carrier or make the damaged goods available for inspection
within the specified time limits; and
(b) Such advice was given at the first reasonable opportunity.
Back to top
13. LIEN AND POWER OF SALE
13.1 All Consignments delivered to the
Carrier for carriage are; and will be received by the Carrier;
and held by it subject to
a lien for all carriage charges due to the Carrier; from the Customer
for the carriage, storage rent and/or warehousing charge of the
goods and other proper charges or expenses incurred in respect
of; or in connection with the carriage of the particular Consignment;
and all other goods which may have been carried by the Carrier
for the Customer from time to time. If such a lien is not satisfied
by payment within a reasonable time of the Carrier's demand
for payment then the Carrier shall be entitled to invoke the power
of sale set out in Condition 8 over the Customer's goods
in the Carrier's possession. Such sale shall be subject to
the provisions of Conditions 8.2 and 8.3 above.
13.2 The Carrier shall be entitled to charge to the Customer the
cost of loading and unloading the goods whilst a lien is being
exercised; together with warehouse rent; and any other expenses
incurred during all periods during which the lien on the Consignment;
or any part of the Consignment is being asserted and; all these
Conditions shall continue to apply whilst the lien is being exercised.
13.3 If the Consignment is not the property of the Customer; the
customer warrants that he has the authority to grant to the carrier
a particular lien against the owner. The Carrier may hold the goods
against the owner for any unpaid monies applicable to those goods
only, but he may not sell or dispose of the goods in any way without
the express consent of the owner.
Back to top
14. DISPUTE RESOLUTION
14.1 The parties will attempt, in good
faith, to resolve any dispute or claim arising out of or relating
to these Conditions promptly;
through negotiations between the respective representatives of
the parties who have authority to settle the same.
14.2 If the matter is not resolved through negotiation the parties
may attempt to resolve the dispute or claim through an Alternative
Dispute Resolution (ADR) procedure as recommended to the parties
by the Freight Transport Association or the Centre for Dispute
Resolution.
14.3 If the matter is not resolved by an ADR procedure; or if either
party will not; or ceases to participate in an ADR procedure, the
dispute may be referred to the arbitration of a single arbitrator;
or to an arbitrator appointed at the request of the parties by
the President for the time being of the Chartered Institute of
Arbitrators. The apportionment of the cost of any such arbitration
between the parties shall be in the discretion of the arbitrator.
The arbitration shall, unless otherwise agreed, be held in the
town wherein the Carrier has its main administrative office.
Back to top
15. GOVERNING LAW
|