As members of UKWA the company’s standard terms
are based on those approved by the Association.
GENERAL
Safe Logistics Group (“The Company”) and
associated companies undertakes all services subject solely to the following
conditions, which can be varied only in writing by the director or partner or
duly authorised servant of the Company.
The Customers attention is drawn in particular
to Condition 3.Condition 3(ii) has been included herein solely to relieve the
owner of the goods the subject of the contract (“the Goods “), or the owners
agent, and the additional costs that the Company would need to include to
recover insurance charges were its liability not limited as provided for in
Condition 3(ii). Condition 3(iii) will
become operative at the option of The Customer on the terms provided therein.
1.
The Company
is not a common carrier, and the rights and liabilities of the parties
hereunder shall be determined on the basis that the Company is not such a
common carrier.
2.
(I)The
Customer warrants that it is either the owner of the Goods or is authorised by
such owner to accept these Conditions on the owner’s behalf.
(ii)The customer further warrants that:-
a) When presented for warehousing, the Goods will
be securely and properly packed and in such condition as not to cause damage or
injury or the likelihood of damage or
injury to the property of the Company or to any other goods, whether by
spreading of damp, infestation, leakage
or the escape of fumes or substances Or otherwise howsoever.
b) Before presentation of the Goods
for warehousing, the Customer will inform the Company in writing of any special
precautions necessitated by the nature or condition of the goods, and of any
statutory duties specific to the Goods which the Company may need to comply.
3.
(I) Except as provided in Condition 3(iii)
below, the Company does not insure the Goods and the Customer should make
arrangements to cover the goods against all risks to the full insurable Value
thereof.
(ii) The Company
is only responsible for any loss of or damage to Goods or for any non-delivery,
mis-delivery or delay or for any non-compliance or mis-compliance with instructions if the same has arisen due
to the act, neglect or default of the Company, its employees or agents. Provided always that the liability of the
Company shall in no case exceed a total value of £100 per tonne weight of that part
of the Goods in respect of which a claim arises. The Company shall in no case be liable for
any indirect or consequential loss of any kind whatsoever.
(iii) The limit
of liability on Condition (3(ii) may be increased by written notice, in which
event:
(a) The Customer shall give written
notice to be received by the Company at least seven days before the date on
which the increased liability is required to be operative and shall specify the
nature and the maximum value of the Goods to be at risk inclusive of duty and taxes
paid or payable thereof. Under no circumstances will the Company’s liability to
the Customer exceed the value given under this notice.
(b) The Customer shall accept an
increase in the Company’s charges to cover all costs incurred in insuring
against the Company’s additional liability hereunder.
(c) In the case of Bonded
Warehouses, the customer shall be liable for any breech of H.M. Customs &
Revenue Regulations relating to goods warehoused and undertakes to keep
indemnified the Company against all actions, proceedings, costs, claims and
demands arising out of any further breach, non-observance or non-performance of
the same.
(iv) The Company shall not be liable
for any claim unless it has been notified in writing to the Company the
Customer within 21 days of the cause of the claim coming to the Customers
knowledge or of the goods being delivered by the Company to or to the use of
the customer which ever is the later.
(v) The Company shall not be liable hereunder for
any loss or damage to the extent that the same is caused or contributed to by a
breach of any of Customers warranties contained in Conditions 2 (or by any of
the circumstances by virtue of which the Company is relieved of its contractual
Obligations in accordance with Condition 10).
(vi)
The benefit
of these Conditions shall extend to all the employees from time to time of the company,
who shall each be entitled to every right, defence and exemption or limitation
of liability to which the Company is entitled here under.
4.
(i) In any of the circumstances referred to in
condition 4(ii) here of, and Otherwise with the written consent of the
Customer, the Company shall be entitled to arrange for any part of the services
to be performed by other contractors, and in this event these terms and
conditions shall apply in such services.
(ii) The circumstances referred to in Condition
4(I) hereof are storm, flood, fire, explosion, riot, industrial dispute, labour
disturbance or any other emergency reasonably requiring such action by the
Company.
5.
(i) The Customer shall reimburse all duties and
taxes that the Company may be required to pay in respect of the Goods, except to the extent that the Company is
required to accept responsibility for them in accordance with Condition 3.
(ii) Notwithstanding any notice given in
accordance with Condition 3(iii) (a), the Customer shall indemnify the Company
against any loss or damage suffered by the Company including costs and expenses
reasonably incurred by it to the extent that such loss or damage is caused or
contributed to by a breach of any of the Customer’s warranties contained in
Condition 2.
6.
The Customer may give written authority for the goods or any part
thereof to be transferred by the Company to the account of another party but
subject to the Customer ensuring before the effective date of the transfer that
such other party notifies the Company in writing that it is to become the
Customer and is to be bound by these
Conditions and by any notice given under Condition 3(iii) (a).
2.
When reasonably necessary, vehicles or other means of conveyance
may be changed and may deviate or depart from their intended route, and at the
discretion of the Company the Goods may be carried, stored or handled with
other compatible goods or transferred between stores.
CHARGES, PAYMENT
AND LIEN
8. The Company’s charges, which
may be increased from time to time by at least 21 days prior notice to the
Customer, shall be payable at such periodic intervals or on the expiry of such
period of credit as may have been agreed between the parties or, in any event,
before removal of the Goods from the Company’s custody or control. Interest on amounts due and unpaid shall be
payable from the date when payment of such amounts fell due and shall be
calculated on a daily basis at the rate of 2 per cent per annum above the Base
Rate of National Westminster Bank plc, current from time to time. Further, the Company shall have a general as
well as a particular lien on the Goods for payment of all amounts due from the
Customer on any account.
TERMINATION
9.
(i) The Goods shall be removed by the Customer
from the Custody of control of the Company at such date as may have been agreed
between the parties. In the absence of
such agreement and otherwise where reasonably necessary, the Company may at any
time by notice in writing to the Customer require the removal of the Goods
within 28 days from the date of such notice or, in the case of perishable goods
within three days.
(ii) In the event of failure by the Customer to
pay any amount due to the Company or to remove any of the Goods from the
custody or control of the Company (notice in accordance with Condition 9 having
been given) at the due time, the Company may, without prejudice to its other
rights and remedies against the Customer give notice in writing to the Customer
of the Company’s intention to sell or otherwise dispose of the Goods at the
Customer’s entire risk and expense if such amount is not paid and/or such Goods
are not removed within 28 days, or in the case of perishable Goods within seven
days of the date of such notice. On the expiry of such period, if such payment
has not been made and/or the goods have not been so removed the Company shall
be entitled to sell or otherwise dispose of all or any part of the Goods at the
Customer’s entire risk and expense by the best method reasonably available, and
the proceeds of any sale or disposal shall be remitted to the Customer after deduction
there from of all expenses and all amounts due to the Company from the Customer
on any account.
(iii)
In the case of perishable goods,
notice under Condition 9 (ii) may be combined with a notice, if any under
Condition 9 (i).
10.
The Company shall be relieved of the contractual obligations to
the extent that their performance is prevented by, or their non-performance is
the direct or indirect consequences of the act, neglect, or default of the
Customer, including any breach by the Customer or the warranties contained in Condition
2, or by storm, flood, fire, explosion, riot, industrial dispute, labour
disturbance or other cause beyond the reasonable control of the Company
11.
Any notice or statement of account given by the Company to the
Customer shall be duly given if left at or sent by registered or recorded
delivery to the last known address of the Customer or the registered office of
the Customer and such notice or account shall if posted be deemed to have been
given two week-days after posting.
12.
These conditions shall prevail over any terms or conditions
contained in the Customer’s order, acceptance or other communication and shall
be deemed to have been accepted by the Customer in preference to such other
terms or conditions, unless the Customer has notified the Company specifically
in writing of any proposed variation of these Conditions and such variation has
been agreed specifically in writing by a director, partner or duly authorised
servant of the Company.
1)
Where the primary function of the company is that of Warehouse
keeper or Packager and processor of goods, carriage for the Customer’s goods will
be arranged by the Company only after a request in writing from the Customer to
do so or if the Customer makes a verbal request which the Company confirms in
writing (whether by post, fax or e-mail) and will be arranged solely as agent
for the Customer. Any contract for such
carriage entered into by the Company for the Customer will be subject to the
terms and conditions of the carrier performing the carriage service, whether
that be for collection or delivery of the Customer’s goods.
2)
When carriage is arranged in accordance with Condition B1 any
liability that the Company may have for the goods will cease when the goods are
loaded into the vehicle except that when one of the company’s vehicles is used
the condition of carriage, as set out under the current terms and conditions of
the Road Haulage Association, shall apply unless there is written agreement to
the contrary.
3)
In the event that any Court shall set aside the agency agreement
set out in Condition B1 or the Company shall in writing vary the Condition
above in writing and it is determined or agreed in writing that the Company is
a cattier for the purpose of any collection or delivery then the Company’s
liability for the goods during the collection or delivery shall be determined
in accordance with the terms and conditions set out in the current edition of
the Road Haulage Association’s standard terms and conditions of contract,
copies of which are available on request, from the office, and which contract
terms and conditions exclude and limit the liability of the Company for the
goods.
4)
In the event that Safe Logistics Ltd shall act as a common carrier
then the current Terms and Conditions of the Road Haulage Association shall
apply unless there is written agreement to the contrary
The
terms and conditions relating to warehousing contracts as set out above shall,
the appropriate changes being made, apply to any contract for the packaging of
goods subject only to the following:-
1
If at any stage during packaging of Goods the Company should
reasonably consider that there is a good reason in the Customers interest to
depart from the services agreed to be provided hereunder or from any of the Customer’s
instructions, the Company shall have the right to do so and shall not incur any
additional liabilities whatsoever in consequence of so doing.
2
The Company reserves the right by giving notice to the Customer at
any time before delivery or collection of the Goods from the Company or by the
Customer to increase the charges for packaging to reflect any increase in the
cost to the Company which is due to any factor beyond the control of the
Company (such as, without limitation, any foreign exchange fluctuation,
currency regulations, alteration of duties, significant increase in costs of
labour, materials or other costs of manufacturer), any change in delivery dates
or any delay caused by instructions of the Customer or failure of the Customer
to give the Company adequate information or instructions.
3
All charges in respect of the packaging of Goods are given by the
Company on a piece work basis.
4
Any dates quoted for the completion of the packaging services and
for collection or delivery of the Goods are approximate only and the Company
shall not be liable for any delay in the completion of the packaging services
howsoever caused. The time of completion of the packaging service shall not be
of the essence unless previously agreed by the Company in writing.
5
The Company shall carry out an inventory check on the Goods only
when the same are delivered to the Company’s premises prior to the execution of
the packaging service and such inventory check shall be made on the basis of
shipping documents or delivery notes supplied to the Company by the shippers
and/or the Customer and the Company shall not be held responsible for any
inconsistency in the actual number of items of Goods delivered or for any loss
howsoever arising.
6
The Company may sub-contract the whole or any part of the
packaging service to such sub-contractors and upon such terms and conditions as
the Company may see fit and such terms and conditions shall be deemed to be
incorporated in the contract for the provision of the packaging service between
the Company and the Customer to the intent that the Company shall in no
circumstances be under any greater liability to the Customer in respect of any
claim arising in respect of the whole or part of the contract or servicing so
sub-contracted than the subcontractor is under to the Company. The Company shall not be bound to meet any
claim for which it may be liable notwithstanding the preceding provisions of
this clause, until the amount thereof has been recovered by the Company from
the sub-contractor nor to recover the amount thereof from the sub-contractor by
action, unless the cost of such action are borne by the Customer and an
indemnity is given by the Customer to the Company against any costs which may
be awarded to the sub-contractor.
7
For the avoidance of doubt the liability provisions as set out in
clause A3 shall also apply to the storage and handling of documents.
In
respect of all services performed shall be issued (weekly) and the Customer
shall pay the same (less any discount to which the Customer is entitled)
together (where applicable) with any Value Added Tax thereon within seven days
of the date of the Company’s invoice, unless agreed in writing to the contrary
and notwithstanding that delivery or collection may not have taken place. The time for payment of the charges shall be of
the essence of the contract.