1. In these Terms and Conditions, unless the context otherwise
permits or requires, the following expressions shall have the following meanings:
(a) "The Carrier" means LIGHTNING TRANSPORT GROUP Ltd.
(b) "The Client" means any person, firm or company
requesting the Carrier to transport a Consignment and includes:
(i) the person who signs the order form on the reverse of these
Terms or any person, firm or company on whose behalf it has been signed, and
(ii) any servant, agent or sub contractor of the Client:
(c) "Consignment" means any communication, parcel,
package, envelope, letter or other items contained in one parcel, envelope or package or
any number of separate parcels, envelopes or packages sent at one time, in one load, at
the request of the Client from any collection Point/s to any one or more Delivery Points:
(d) "Collection Point" means the address at which any
Consignment is to be collected or received by the Carrier:
(e) "Delivery Point" means the address at which any
Consignment is to be delivered by the Carrier including any alternative Delivery Point
specified by the Client under Clause 7(1) below:
(f) "Dangerous Goods" means any goods which are
specified in the special classification of Dangerous Goods issued by the British Railways
Board or goods of a similar nature or which present a comparable hazard.
ACCEPTANCE OF TERMS AND CONDITIONS
2.(1) Any consignment or other business undertaken by the Carrier
or any information advice or service supplied by the Carrier, (whether charged for or not)
is undertaken or provided subject to these Terms and Conditions which shall be the terms
of any contract for delivery of Consignments between the Carrier and the Client.
(2) These terms subject to and together with any variation agreed
in writing between the Carrier and the Client shall constitute the entire contract between
the Carrier and the Client and shall override or supersede any previous agreement or
arrangement between the Carrier and the Client and in particular shall operate to the
exclusion of any terms and conditions at anytime referred to or purportedly imposed on the
Client. On acceptance by the Carrier of any Consignment the Client shall be deemed to have
accepted these Terms.
(3) These Terms shall alone govern the Contract to the exclusion
of any other conditions of the Client notwithstanding that they may set out in any order,
invoice, acceptance or other document used by the Client in dealing with the Carrier. The
Client acknowledges that the presence or continued presence of its own standard terms and
conditions on its documents any time during its dealings with the Carrier under this
contract is only a matter of administrative convenience to the Client and is not intended
by the Client to qualify or amend these Terms in any way.
(4) The Client acknowledges that it has not entered into this
Agreement relying upon any representation made by or on behalf of the Carrier and in
particular the Client has not relied upon any correspondence, statement or sales
literature issued by or on behalf of the Carrier.
3. The Carrier is not a common carrier and will only carry
Consignments subject to these Terms and Conditions. The Carrier reserves the right at its
absolute discretion to:
(i) subcontract any part or parts of a delivery:
(ii) refuse to accept any Consignment or part thereof for
(iii) deliver the Consignment by any available route:
(iv) refuse to accept Dangerous Goods or any Consignment
containing Dangerous Goods for delivery:
4. (1) The Client hereby warrants that:
(a) The Consignment does not constitute or contain Dangerous Goods
or any substance the possession, storage or delivery of which is a criminal offence or a
breach of the provisions of any relevant statute regulation or bye-law under the laws of
any part of the United Kingdom or of any jurisdiction to or through which the Consignment
is to be delivered or in which it may be stored:
(b) The Client has authority in respect of the Consignment to
authorise collection and delivery by the Carrier from the Collection Point to the Delivery
(2) The Client hereby agrees to indemnify the Carrier and hold the
Carrier harmless against any loss, damage, claim, cost or expense which the Carrier, its
employees, sub contractors or agents may incur directly or indirectly as a result of any
breach of the warranty given in clause 4(1) above.
5. (1) The Carrier shall use its reasonable endeavours to deliver
the Consignment to the Delivery Point within the time specified by the Client, but time of
the delivery shall not be of the essence unless agreed by the Carrier in writing prior to
the placing of the order.
(2) The Carrier shall take all reasonable steps to obtain a
receipt from the consignee or his or its employee, agent or sub-contractor and such
receipt shall be conclusive evidence of the date, time and place of the delivery.
6. (1) The Carrier shall make one attempt to deliver the
Consignment to the Delivery Point within the delivery time specified by the Client. If the
Consignment cannot be delivered the Carrier will have the option to either make a further
attempt to deliver the Consignment to the Delivery Point or to deliver the Consignment to
any other Delivery Point specified by the Client. In either event at the Clients cost.
(2) If Delivery does not take place under the provisions of Clause
6 (1) other than by reason of any failure or default of the Carrier its employees, sub
contractors or agents or if the Client does not specify an alternative Delivery Point
within 24 hours of being requested to do so by the Carrier, the Client shall be liable to
the Carrier for all storage charges incurred by the Carrier between the date on which the
delivery was first attempted and the date on which delivery is made under Clause 6(1)
above or the date of sale of the Consignment under the provisions of Clause 6(3) below.
(3) If delivery does not take place under the provisions of Clause
6(1) the Carrier shall be entitled to dispose of the Consignment or any part thereof at
any time after giving the Client 7 days written notice of its intention to do so.
(4) The Carrier shall be under no obligation to deliver a
Consignment or Consignments as a whole at any one time and shall be free in its absolute
discretion to make more than one delivery or to deliver in parts.
7. The Carrier shall not be under any obligation to provide any
plant, equipment, machinery power or labour which may be required for loading or unloading
the Consignment at the Collection or Delivery Point.
8. Any Consignment or part thereof requiring any special appliance
or equipment for loading on to and/or unloading from any vehicle is accepted for carriage
only on the condition the Client has duly ascertained that such appliances are available
at the Collection and Delivery Points and the Client shall be responsible for the
provision and cost of such appliances or equipment.
9. Any assistance given by the Carrier beyond the usual act of
collection and delivery (including without prejudice to the generality of the forgoing the
provision of plant, machinery, equipment, power or labour for loading and unloading at the
Collection and Delivery Points) shall be at the sole risk of the Client who will save
harmless and keep the Carrier indemnified against any damage, expense, loss, costs, claims
or demands (including without limitations damage to the Consignment or to any property of
the Client, the Carrier, the consignee or any third party whether or not arising out of
the negligence of the Carrier, its employees , sub-contractors or agents) arising directly
or indirectly from the provision of such assistance.
LIABILITY FOR LOSS AND DAMAGE
10. (1) Subject to the provisions of Clauses 5, 9 and 11 the
Carrier shall not be liable for any loss, mis-delivery, non-delivery or damage to any
Consignment unless such loss, mis-delivery, non-delivery or damage has arisen from any
wilful default by or negligent act or omission of the Carrier, its employees, sub
contractors or agents.
(2) The Carrier shall not be liable for damage to or loss of a
Consignment unless and until it has collected the Consignment from the Collection Point
and its liability for loss or damage to the Consignment shall cease on which ever of the
following events first occurs:
(a) delivery of the Consignment to the Delivery Point as first
advised to the Carrier by the Client:
(b) the tendering by the Carrier or the Carrier offering to and
being ready, willing and able to tender delivery of the Consignment to the Delivery Point
as first advised to the Carrier by the Client:
(c) delivery of the Consignment to any alternative Delivery Point
as specified by the Client under Clause 6(1) above:
(d) the tendering of delivery by the Carrier or the Carrier
offering to and being ready willing and able to tender delivery to an alternative Delivery
Point as specified by the Client under Clause 6(1) above.
LIMITATION OF LIABILITY
11. (1) Subject to Clauses 5, 9 and to Clause 10 hereof the
liability of the Carrier to the Client arising from any loss of or damage to any
Consignment or for non delivery or mis delivery thereof shall be limited to the reasonable
market value of the Consignment whether such loss or damage, non delivery or mis-delivery
arises by reason of breach of contract or negligence on the part of the Carrier or its
employees, agents or sub contractors or otherwise howsoever. Provided that:
(i) the liability of the Carrier shall in any case be limited to
£10,000 in respect of any one Consignment,
(ii) the Carrier shall not in any case be liable for any indirect,
consequential or economic loss or damage incurred by the Client or any third party:
(iii) the Carrier shall not be liable in respect of any loss or
damage to any Consignment that cannot be carried within lockable equipment normally
provided by any vehicle requested by the Client from the Carrier for delivery of such
Consignments or if the Consignment is not properly packed or prepared for transit in
parcels, envelopes or packages suitable for transit goods, items or matters of a nature
comprising the Consignment or any part thereof:
(iv) the Carrier shall be entitled to receive written evidence to
a reasonable satisfaction of the value of the Consignment damaged or lost:
(v) notwithstanding any provision to the contrary in the Terms,
the Carrier shall not be liable for loss or damage to, non-delivery or mis-delivery of any
cash, notes, stamps, deeds, tickets, cheques, bankers cheques, or drafts, travellers
cheques, jewellery, watches, precious metals, works of art or similar valuable articles:
(vi) the Carrier shall not be liable for any loss or damage
suffered by reason of:
(a) the failure of the Client to address the Consignment note
correctly or at all
(b) delivery of the Consignment in good faith at the Delivery
Point to a person claiming to be the consignee or his or its employee, sub-contractor or
(c) any breach of the warranty given by the Client in Clause 4
(d) the inability of the Carrier to perform its obligations due to
any circumstance beyond the reasonable control of the Carrier including (without prejudice
to the generality of the foregoing) any strike, lock out, state of hostilities or climatic
(vii) the Carrier shall not be liable for any loss of or damage to
a Consignment unless a claim is made upon the Carrier in writing:
(a) within 7 days after completion of the delivery:
(b) in the case of loss, mis-delivery, or non-delivery, within 28
days of acceptance by the Carrier of the Consignment concerned:
(viii) the Carrier shall not be liable for any damage to or
deterioration or perishing of goods of a fragile or perishable nature except where such
damage, deterioration or perishing occurs by any reason of default or neglect on the part
of the Carrier, its employees, sub-contractors or agents ( and subject always to the
provisions of Clauses 5 and 11 (1) (iii) or for reasonable wear and tear incurred during
transit or storage:
(ix) the limit referred to in Clause 11 (1) (i) shall only apply
to loss or damage occurring within the geographical limits of Great Britain, Ireland, the
Channel Islands, and the Isle of Man, including journeys within these areas. For
deliveries outside these areas, liability shall be restricted to the amount recoverable by
the Carrier and actually recovered (whether under any convention relating to international
carriage of goods from time to time in force or otherwise) from the international agent or
carrier, chosen by the Carrier at its absolute discretion to deliver the Consignment.
(2) The Carrier and the Client have
freely and openly negotiated this Contract in the knowledge that the liability of the
Carrier is to be limited in accordance with these Terms and the price charged by the
Carrier has been calculated accordingly. The Client acknowledges that a greater price
would be payable but for such limitation. It is intended that the terms and conditions
should be reasonable as between the Carrier and the Client having regard to the nature of
the contract, but if at any time any of them is either unenforceable or void at law it
shall nor adversely affect or prejudice the remainder of them or the Contract and it shall
be deemed to be excluded from these Terms.
(3) The Client shall (or the Carrier
shall at the Clients written request and at the Clients expense) insure the Consignment
against all risks (or such risks for which insurance is readily available on ordinary
terms and at normal rates) for a sum equal to the amount by which the Consignments
replacement value exceeds the limit of the Carriers liability pursuant to Clause 11(1)(i).
12. (1) The Client shall in respect of delivery of any Consignment
pay the Carriers charges in accordance with the Carriers current tariff of charges within
30 days from the date of the Carriers invoice thereof. The Carrier reserves the right to
increase its charges at any time or add or change any surcharge it deems applicable. The
tariff of charges is available for inspection by the Client at the Carriers office(s) (and
a copy will be provided on request) and the tariff shall be deemed to have been inspected
by the Client whether or not actually inspected.
(2) The Carrier may at its absolute discretion withdraw credit
facilities at any time.
(3) No quotation or estimate of charges given by the Carrier shall
bind the Carrier, unless expressed in writing to be a fixed quotation with a date to which
such fixed quotation shall be valid, in which case the quotation or estimate must be
accepted by the Client and delivery must take place prior to or on that date with the
addition of any surcharge as pursuant to clause 15.
13. The Client shall pay to the Carrier VAT on all monies due to
the Carrier at the appropriate rate in force from time to time.
14. Unless paid within 30 days of the date of invoice from the
Carrier, the Carrier shall be entitled to interest on any unpaid sum at the rate of 2
percent per month computed from the date of any such unpaid invoice until the payment of
such sum and computed on a daily basis both before and after judgement.
15. For the purpose of the Terms the price stated in the current
tariff of charges of the Carrier shall be deemed to be a basic price and any other
expenses or surcharges incurred or implemented by the Carrier on the Clients behalf (such
as payments for tolls or gratuities or fuel surcharge) shall be added to such price with
VAT (where applicable) at the appropriate rate.
16. All monies due to the Carrier shall be payable to the Carrier
17.The Carrier shall have a lien over any and all Consignments in
respect of any unpaid invoices whether relating to a particular Consignment or otherwise
and the Client appoints the Carrier, its attorney or agent to sell or otherwise dispose of
the same and to apply the net sale proceeds in reduction or extinguishment of the Clients
liability to the Carrier.
18. No payment due to the Carrier from the Client shall be
withheld by the Client in respect of any claim or alleged claim or the consignee against
the Carrier howsoever arising and whether by way of set-off counterclaim or otherwise.
19. The Client agrees to indemnify the Carrier for all costs and
expenses including legal fees and expenses on a Solicitor and own Client basis in respect
of the recovery of any outstanding amounts due under this contract.
LAW AND JURISDICTION
20. These Terms and Conditions shall
be subject to the laws of England and the parties hereby submit to the non-exclusive
jurisdiction of the courts of England & Wales.