Terms of business
Account means a person, individual, firm or company registered as an account holder with the Carrier containing such customer specific information as the Carrier may reasonably require.
Account Booking means a booking made by a customer with an Account.
Booking means a booking for the carriage of goods placed by a Customer to the Carrier by either, telephone, email, fax or online.
Carrier means Today Team Limited, a Company registered in England and Wales with company number 05329884, whose registered office is 7 Taylor Business Park, Risley, Warrington, WA3 6BH.
Consignment a consignment of the Goods identified in the Customer’s order.
CMR Convention: The Convention for the International Carriage of Goods by Road signed at Geneva on 19 May 1956.
Conditions means these conditions of carriage, which will apply to the contract of carriage between the Customer and the Carrier.
Consignee means the person to whom the Carrier delivers the Goods.
Customer means any individual, firm, body corporate, unincorporated association or any other body or person who purchases the services from the Carrier.
Dangerous Goods: means:
(i) those substances and articles the carriage of which is prohibited by the provisions of the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) as applied in the United Kingdom or authorised only under the conditions prescribed in accordance therewith;
(ii) any weapons, drugs, poison, damaging articles or substance or any article or substance likely to encourage vermin or other pests or likely to cause infection;
(iii) any Goods which, although not included in (i) and (ii) above, in the sole opinion of the Carrier present a similar hazard (including but not limited to: chemicals, any substance which is hazardous, corrosive or inflammable, oil-based paints, thinners, white spirit, fuels (including but not limited to gas cylinders, petrol, diesel, or oil except for fuel inside locked fuel tanks on vehicles, machines, plant or machinery), and explosives
Goods means all goods or property, whether or not contained in separate parcels, including containers and packaging or any paper documents to be delivered by the Carrier for the customer to the Consignee.
Non-Account Booking means a booking made by Customer who does not have an Account.
2. Application of Conditions
In any and all business undertaken, these conditions prevail over any inconsistent terms or conditions contained or referred to
by the Customer under their terms and conditions, in the Customer’s purchase order, confirmation order, acceptance of
quotation or specification, or implied by law, trade, custom, practice or course of dealing. Any customer who rejects or objects
to these conditions must, prior to any instructions, inform the Carrier in writing detailing said objections. Any acceptance of these objections shall only take effect after being accepted in writing, by the Managing Director or a Director of the Carrier.
The Carrier is not a common carrier and accepts at its sole discretion the carriage of Consignments subject only to these conditions. The Carrier may accept responsibilities in excess of the responsibilities detailed in these Conditions and such responsibility will have been accepted only if there is evidence in writing and additional charges are agreed and paid to the Carrier.
a. The Carrier shall provide a quotation for its services which shall be valid for 7 days from its date or such other period as the Carrier may specify, providing the Carrier has not withdrawn, revoked or varied it. The instructions of the Customer shall constitute an offer by the Customer to purchase the services of the Carrier. Each booking by the Customer to the Carrier shall be submitted by telephone, email (direct or via the website) or fax. Such instructions to enter into contractual relations with the Carrier should be acknowledged and then confirmed in writing via email, fax or purchase order. Once accepted in writing by the Carrier, a binding contract has been entered in to and is governed by these Conditions. Bookings will not have been accepted by the Carrier until the time of such confirmation.
b. Wherever possible the Customer shall provide a description of and a value for the Goods to be carried by the Carrier at the point of the booking enquiry.
c. The services supplied under this agreement shall be deemed to commence when the Carrier takes possession of the Consignment, at an address detailed by the Customer and will be deemed to end when the Consignment is delivered to the delivery address supplied to the Carrier at the time of booking.
4. Dangerous and Excluded Goods
a. All Dangerous Goods must be disclosed by the Customer in advance and unless otherwise agreed with the Carrier, will not accept or carry Dangerous Goods as part of assignment Consignment. Where the Carrier accepts Consignments of Dangerous Goods they must be classified, securely packaged and labelled in accordance with all relevant legal and statutory regulations. The Carrier reserves the right to refuse a Consignment where such documentation has not been provided in its entirety and reserves the right to open and inspect any Consignment. Prior to receipt of any Dangerous Goods the Customer shall provide the Carrier with such information in writing as will enable the Carrier to know the identity of the Dangerous Goods, the nature of the hazards created thereby, and any action to be taken in an emergency. While the Dangerous Goods remain with the Carrier, the Customer shall keep the Carrier informed of its recommendations on the handling, storage and transportation of such Goods (including all health and safety recommendations). The Carrier shall be entitled to disclose the information supplied by the Customer to its servants, agents and other contractors and any relevant government department.
b. If the proposed Consignment contains Excluded Goods, this should be made known to the Carrier at the time of booking as to content and value. The Carrier is not obliged to carry any Dangerous Goods or Excluded Goods of the following description unless agreed in writing. Goods deemed as Excluded are explosive and inflammable items or other explosives, firearms, including firearms parts, ammunition, detonators, controlled drugs (within the meaning of the Misuse of Drugs Act 1971 and subsequent amendments of that act) livestock or other animals, human remains, any obscene, defamatory, blasphemous, scandalous or other indecent material which is prohibited in any country from, to or through which carriage is to take place, any article the possession of which is unlawful by the law of any country from, to or through which carriage is to take place.
c. In the event the Customer fails to inform the Carrier of the presence of any Excluded Goods in whole or part, the Consignment will be delivered entirely at the Customers own risk. The Customer shall indemnify the Carrier against all losses, damages, expenses, claims and liabilities (including without limitation, legal costs and expenses) (Losses) suffered by the Carrier arising out of or in connection with it.
d. Except by special arrangements previously agreed in writing at the time of booking, the Carrier accepts no liability for loss suffered in relation to Consignments containing but not limited to, cash or cash equivalents, bullion, travelers, cheques, bank cards and credit cards, valuables, jewellery, precious metal, mobile phones and other such equipment and by providing details of the items and value at the time of booking.
e. The Carrier accepts no responsibility or liability for any hazardous, harmful goods or substances contained within a Consignment or for any Consignment liable to cause loss, damage, injury or destruction to any person or property or any Consignment liable to taint or stain or change the constitution appearance or value of the property unless expressively agreed in writing. If any of the above is deemed true the Consignment will be disposed of at the Customers expense. The Carrier shall not be liable to the Customer for any loss to Consignments stated in this Clause 4, however caused, unless the Carrier has agreed in writing to the Customer to accept such liability. The Carrier reserves the right to charge an additional sum for this.
g. The Customer will indemnify the Carrier against all losses suffered by and claims made against the Carrier resulting from loss or damage to property caused by or arising out of the carriage of Dangerous Goods or Excluded Goods.
h. If any Goods become a risk to other goods, property, life or health the Carrier shall, where reasonably practicable contact the Customer in order to require them to remove or otherwise deal with the Goods, but reserves the right, in any event, to do so at the expense of the Customer.
5. Charges and Payment
a. All charges are fixed with the Customer at the time of booking. Any ancillary expenses reasonably incurred will be notified to the Customer prior to any Consignment being accepted and confirmed. All charges quoted and charged will have VAT added at the standard set rate applicable at that time.
b. Account Customers are charged via a monthly or twice monthly invoice. All invoices shall be paid on our terms and within 30 days of the invoice date. Where payments are not received by that date the Carrier will be entitled to charge interest on the amount unpaid at the rate of 4% above the base rate of the Bank of England, from time to time until payment is made in full. The Carrier shall be indemnified against any costs/expenses incurred, including reasonable legal fees it may suffer in recovering the sum due.
c. Any queries in respect of all charges submitted must be made in writing within 7 days of receipt of the invoice, otherwise, it will be deemed by the Carrier that all charges have been accepted and payable in full in accordance with our terms.
d. All invoices, credit notes and statements will be sent to the customer electronically. The Carrier reserves the right to make a small charge for paper copies.
e. For new Account Customers all initial Consignments taken are based on a 14 day invoice term. Once an Account has been agreed by the Carrier, all Consignments will then be invoiced as per the Carrier’s standard Account terms set out at point 5.b. above.
f. For non-Account Customers paying by credit card; the amount shall be taken at the point of confirmation of the Consignment. For BACS/Bank Payments; the amount shall be transferred from the Customers bank account to the Carriers Bank account on the same day as the Consignment confirmation. Proof of this transaction is required before the Consignment is collected.
g. Credit facilities granted to the Customer may be withdrawn at the Carrier’s absolute discretion at any time and any outstanding balances due immediately and on demand.
h. The Customer shall be liable to pay demurrage for unreasonable detention of any vehicle or other equipment of the Carrier at the Carrier’s current rates of demurrage but the rights of the Carrier against any other person in respect thereof shall remain unaffected.
i. The Carrier reserves the right to recover from the Customer on a full indemnity basis any Losses incurred by it in the event of an abortive or diverted load.
j. Time for payment by the Customer shall be of the essence of this agreement.
a. The Customer will ensure that the Consignment is properly labelled and safely packed, secure and safe to be carried, stored and transported and will comply with all statutory and/or other regulations for all means of transportation.
b. The Carrier shall not be required to provide any labour or special equipment for loading and unloading the Consignment other than that carried by the vehicle used by the Carrier. The Customer, in all instances, will provide appropriate and additional equipment and labour as necessary.
c. Any assistance the Carrier may provide to load or unload a Consignment is provided at the Carriers discretion and the Carrier shall not be liable for any damage that may be caused. The Customer will indemnify the Carrier against all Losses that the Carrier may suffer as a result of the provision of assistance.
d. The Carrier shall under no circumstances be liable to the Customer for any loss of or damage to any property of the Customer in connection with or arising from the Carriers entry on to the premises of the Customer or Consignee in the course of collecting or delivering the Consignment.
e. The Customer will ensure the information provided to the Carrier at the time of booking is complete and accurate. If any delivery is unsuccessful due to inadequate or incorrect information provided by the Customer, the Carrier shall be entitled to recover its charges in full. The Carrier may also be entitled to recover any expenses incurred due to the same.
f. The Consignment shall only be delivered to the address specified by the Customer at the time of booking, unless agreed otherwise, in writing. The Carrier reserves the right to recover any extra costs incurred following any changes.
g. The Carrier shall use reasonable endeavours to collect and deliver the Consignment within the times specified for collection and delivery by the Carrier when confirming the booking. These are estimates only and time shall not be of the essence of this agreement unless previously agreed in writing. The Carrier shall deliver Consignments according to such route as in its absolute discretion deems appropriate.
h. If required, the Carrier will sign a consignment document at the point of collection. This document is proof of collection only and in no way evidence of the condition, nature, weight nor value of the Consignment.
i. The Carrier will require written acknowledgment of Consignment receipt at the point of delivery or when transit has come to an end. This will be deemed conclusive evidence of proper delivery.
j. Where and for whatever reason a Consignment cannot be delivered at the agreed location or is held by the Carrier awaiting further instructions, if further instructions or collection of the Consignment is not forthcoming within 24 hours of notice or any other such time given to the Customer by the Carrier, then the delivery will be deemed to have ended at the expiry of that time and the Consignment shall transfer to the Carrier and the Carrier may sell or destroy the Consignment as if it were the original owner. The Carrier shall endeavour to obtain, in their opinion, a reasonable price for the Consignment (without obligation to investigate any specialist market in such type of merchandise) and shall use the proceeds of sale to discharge the expenses incurred by the Carrier. Any remaining proceeds will be paid to the Customer upon written request.
k. The Carrier will offer services as an agent or may provide them as a principle either in the Carriers own right or by employing the services of another. The provision of services at an inclusive price shall not alone determine whether the Carrier has contracted as a principle.
7. Liability, Claims and Insurance – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION AND THEIR RESPONSIBILITIES. WE STRONGLY ADVISE YOU INSURE YOUR GOODS YOURSELVES, FOR THE FULL VALUE AND AGAINST ALL RISKS.
a. The Carrier has a Policy of Insurance to cover the consignment in transit only. The limit of cover is £25,000 per van for UK movements. In the instances of heavy goods vehicles and import/export shipments, different levels of cover will apply based on the weights of the goods (£1,300 per tonne as standard for HG shipments and for goods imports collected at the docks and cover is 8.33 SDR per kilo. There is also a maximum limit of £250,000 any one vehicle under RHA & CMR). Therefore, please make sure you enquire at the time of quotation / booking for guidance to ensure you have the right level of cover for your shipment. It is the responsibility of the Customer to notify the Carrier of any high-value goods at the time quoting / booking to ensure we have the right level of cover for each shipment. We cannot guarantee an uplift with full insurance coverage if the items are of high value and therefore shipments might be required to be split over two or more vehicles to ensure the correct level of insurance coverage is applicable. We cannot be held responsible for any issues in relation to Goods-In-Transit claims if we have received no information about the load value at the time of quotation / booking.
b. The Insurance does not include cover for Excluded Goods or Dangerous Goods unless notified to the Carrier in writing. Such goods may be carried under a separate written agreement as set out in point 4.
c. The Carrier shall not be liable for loss of, mis-delivery or damage to any Consignment unless it is notified by the Customer to the Carrier at the time of delivery. The Customer or other recipient of the Goods is responsible for arranging that the delivered Consignment is checked immediately upon receipt for damage or shortages. Any such conditions must be notified in writing to the Carrier within 24 hours of delivery. Any claim for loss or damage will not be accepted if it is not entered on to the signed delivery receipt.
d. The Customer shall provide to the Carrier written proof of the value of the Consignment damaged/lost and the Carrier shall be entitled to inspect the damaged Consignment at a mutually agreed date and time. In the first instance photographic evidence may be deemed acceptable.
e. The Carrier shall not be held responsible for any event beyond the reasonable control of the Carrier in which it is prevented from performing its obligations under this agreement. These relevant events and unforeseen circumstances include but are not limited to: adverse weather conditions, strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, fuel shortages, accident, act of God, war, riot, civil commotion, act of foreign enemy, hostilities, confiscation or seizure under legal processes, acts of terrorism, destruction of or damage to property.
f. The Carrier shall not be held responsible for acts, fraud, error, misrepresentation or omissions by the Customer or Consignee or claims resulting from the loss or damage to property caused by the carriage of Dangerous Goods or Excluded goods, including but not limited to failure of the Consignment being correctly packaged and labelled whereby the Customer agrees that in such circumstances the Carrier shall not be liable for any loss of or damage to the Consignment if this is the case.
g. The Carrier shall not be liable to the Customer in any way whatsoever in respect of any loss of profits, special, indirect, incidental or consequential loss or damage suffered by the Customer however caused, to include with no limitation; loss due to delay in delivery, loss of business, loss of goods, loss of goodwill, loss of data and other information or any procurement by the Customer of any substitution of goods or services.
h. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
i. Where the Customer or a Consignee signs a proof of delivery note (or note of a similar nature) without caveat then the Carrier shall under no circumstances whatever be liable to the Customer or the Consignee (as the case may be) in respect of a claim for damage to the Consignment, and the Customer or the Consignee (as the case may be) may not reject such Consignment on the basis of damage.
j. The Carrier shall not be liable for any Losses sustained or incurred by the Customer arising directly or indirectly from:
(a) rejected Goods in circumstances where the reason for such rejection is attributable to the Customer (including without limitation, where the Goods are at an incorrect temperature or have quality issues at the time they are loaded on to the Carrier’s vehicle; or
(b) the nature of the Goods (including, but not limited to, temperature sensitive goods or inherent liability to natural deterioration or wastage and/or inherent defect) unless the Customer has, upon placing its order, given the Carrier written instructions with sufficient detail regarding any particular precautions or special treatment to be taken or provided for the Goods; or
(c) carriage, storage or handling of Goods which are prohibited under these Conditions or which are unknowingly and unwittingly carried, stored or handled by the Carrier by reason of a failure of the Customer to comply with the obligations set out in these Conditions, including but not limited to point 3.b.
k. The Customer shall be liable to pay to the Carrier, on demand, all Losses sustained or incurred by the Carrier (including, without limitation, any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from the Customer’s fraud, negligence or default or arising from the Carrier carrying out the Customer’s instructions, subject to the Carrier confirming such costs, charges and losses to the Customer in writing.
8. The Customer is to inform the Carrier of all health and safety rules and regulations and any other reasonable security requirements that apply at any Customer’s or Consignee’s premises.
9. The Carrier reserves the right, at their discretion, to request full charges to be made payable to the Carrier in the event of a cancellation within 60 minutes prior to collection of any Consignment
10. The Carrier shall comply with any and all provisions of the Data Protection Act 1988 as applicable
11. In the event the Carrier is required to wait for a period exceeding 15 minutes when either collecting or delivering a Consignment, additional charges may apply. The Customer will be contacted and advised. All charges will be confirmed and agreed in writing.
12. The Carrier and Customer understand and agree that the provisions of the CMR Convention will take precedence over any conflicts within this Agreement and shall be applied to International carriage of goods by road only; where the points of Consignment collection and delivery are located in different countries, of which one at least is a signatory to the CMR Convention. The CMR Convention shall not as a matter of law govern any carriage of a Consignment between the United Kingdom, the Republic of Ireland, the Channel Islands or the Isle of Man. The Carriers liability for loss, damage to or late delivery of the Consignment will be governed by and limited in accordance with the CMR Convention. For exported Goods the Customer must supply correct and complete documentation as required by Customs clearance, at the start of the Consignment collection. The Customer will be responsible to the Carrier for any costs, expenses, liabilities, injuries, losses, damages, demands, legal costs, proceedings or judgements that result from the Customer failing to provide said documentation required by HM Customs and Excise.
13. Nothing in this Agreement is intended to, shall do or create a Partnership between either party or to act as an agent for each other.
14. This Agreement between the Carrier and the Customer shall be governed and construed in accordance with English Law and both parties hereby submit to the exclusive jurisdiction of the English courts.
15. If any provision or part-provision of these Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Conditions.
©Today Team Limited 2017