Printing Pallet Labels
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Terms & Conditions of Transport
1. Definitions
In these terms, the following words shall have the following meanings:-"Consignment" means goods, whether a single item or bulk items and whether or not contained in one or more parcels, packages or containers, to be sent at one time in one load by or on Your behalf from one location to another;
"Contract" means a contract between You and Us in relation to the supply of the Services;
"Force Majeure" means any circumstances beyond Our reasonable control (including, without limitation, war, terrorist act, serious adverse weather, explosion, fire, accident, difficulties in obtaining labour, fuel, parts or machinery, power failure or breakdown in machinery, government actions, seizure or forfeiture under legal process, riot, civil commotion and any strike, lock-out or other form of industrial action or labour dispute);
"Order" means an Order placed by You with Us;
"Our" means David Price Food Services Limited whose register office is at Kittiwake Close, Silverlink Business Park, Wallsend, Tyne and Wear, NE28 9ND, being the carrier under the Contract, and the terms "Us" and "We" shall be construed accordingly;
"Services" means road haulage services to be provided by Us under a Contract;
"You" means you, being the purchaser of the Services, and the terms "Your" shall be construed accordingly.
2. Basis of Contract
2.1 - An Order shall be accepted entirely at Our discretion by means of Our standard order acknowledgment form or such other means as we shall choose and if accepted will only be accepted on the basis of these terms which shall govern the Contract to the exclusion of any other terms.
2.2 - Each Order which is so accepted shall constitute a separate legally binding contract between You and Us.
2.3 - No addition, alteration or substitution of these terms will form part of a Contract unless expressly authorised in writing by a person authorised to sign on Our behalf.
2.4 - You shall be responsible to Us for ensuring the accuracy of the terms of any Order submitted by You and for checking and ensuring the accuracy of any order acknowledgment form issued by Us.
2.5 - You warrant that You are the owner of all Consignments or are authorised by the owner of all Consignments to accept these terms on the owner's behalf.
3. Loading and Unloading
3.1 - We shall not be under any obligation to provide any plant, power or labour other than that carried by Our vehicle for the purposes of loading or unloading a Consignment.
3.2 - In the event that any special appliances (other than those carried on Our vehicle) are required for the purposes of loading or unloading a Consignment, You shall be required to arrange for such appliances to be provided at Your own cost and in the event that We consider that You have not made adequate arrangements in this respect We shall be entitled to load or unload, or to make arrangements to load or unload, the Consignment as We think fit, and:-
3.1.1 - You shall be required to immediately reimburse all costs incurred by Us in loading or unloading or in making arrangements for loading or unloading the Consignment;
3.1.2 - You shall indemnify Us in respect of all loss, damages, costs and/or expenses awarded against or incurred by Us as a result; and
3.1.3 - We shall be under no liability in respect of any damage caused to the Consignment in the course of loading or unloading.
4. Receipt and Presentation of Consignments
4.1 - On receipt of a Consignment We shall, if You so require, sign a document acknowledging receipt of the Consignment, provided that signature of such document shall not at any time be deemed to be evidence of the condition or accuracy of the nature, quantity, weight or quality of the Consignment at the time at which it is received by Us and the burden of proof in relation to such matters shall at all times rest with You.
4.2 - On receipt of a Consignment and at any time during transit We shall be entitled to break bulk and open packages for inspection purposes, without incurring any liability to You.
4.3 - A Consignment is to be presented in such form and at such temperature so as to comply with all relevant laws and regulations.
4.4 - Subject to condition 4.3 above (which shall at all times prevail over this condition 4.4), a Consignment is to be presented:-
4.4.1 - in good and wholesome condition;
4.4.2 - together with written information as to any special treatment of the Consignment necessitated by the nature or condition of the Consignment, the temperature at which it is to be transported (which shall be Frozen or Chilled as defined at condition 4.6 below, or such other temperature as agreed between You and Us in advance of receipt by Us of a Consignment), and any statutory duties specific to the Consignment with which We may need to comply (provided that We shall only be obliged to adopt special treatment of the Consignment where We have agreed prior to Our receipt of the Consignment to adopt such treatment);
4.4.3 - neatly on four way entry pallets (1000mm x 1200mm) or on standard European pallets (1000mm x 800mm), as agreed by Us prior to Our receipt of the Consignment;
4.4.4 - at a temperature no higher than that at which We have agreed to transport the Consignment;
4.4.5 - clearly marked as to delivery address, pack size, description, brand, best before date, Your name and (if different) the owner's name;
4.4.6 - of a height (including pallet) of not more than 1675mm; and
4.4.7 - securely and properly packed and packaged.
4.5 - In the event that You fail to comply with any provision of condition 4.4, We shall be entitled at Our discretion to refuse to transport the Consignment, and in the event that such failure becomes apparent during transit, We shall at our discretion be entitled to remove the Consignment from Our vehicle and to destroy, store or return to You such Consignment and charge You for any and all costs incurred by Us in so doing.
4.6 - The following terms shall have the following meanings where used by Us in relation to a Contract:-
4.6.1 - Frozen - between -18 degrees Centigrade or below; and
4.6.2 - Chilled -+2 degrees Centigrade, or such temperature as shall reflect up to 2 degrees Centigrade variance above or below +2 degrees Centigrade.
4.7 - We shall only be obliged to apply special treatment to a Consignment where we have agreed that We shall apply such special treatment prior to entering into the Contract, and in the absence of such agreement We shall be entitled to treat Consignments as we consider appropriate in order to preserve them, provided that We shall not at any time be liable for the suitability of the treatment used.
5. Price and Payment
5.1 - The price for the Services shall be the price as calculated in accordance with Our Charge Price Matrix current at the date of acceptance of the Order.
5.2 - We reserve the right by giving notice in writing to You at any time before delivery to increase the price for the Services in accordance with condition 5.4 below, or to reflect any increase in cost to Us which is beyond Our control (such as, without limitation, any foreign exchange fluctuations, currency regulation, alteration of duties, significant increase in the cost of labour, vehicles or diesel), any change in delivery dates or quantities to be transported requested by You, or any change which is due to any failure by You to give Us adequate information or instructions.
5.3 - The price is exclusive of any applicable value added tax, which shall be payable by You in addition.
5.4 - We shall be entitled to charge You a reasonable sum in addition to the price in the event that You specifically request that a Consignment is to be transferred to a third party pursuant to condition 14.2 and as a result We incur additional cost.
5.5 - We shall be entitled to invoice You for the price of the Services at any time following delivery of a Consignment unless You or Your client wrongfully fails to accept a Consignment in which event We shall be entitled to invoice You for the full amount at any time after we have notified You or Your client that the Consignment is ready for delivery.
5.6 - You shall pay the price for the Services without deduction or set off within 30 working days of the end of month in which Our invoice is dated and We shall be entitled to recover the price notwithstanding that delivery may not have taken place.
5.7 - The time of payment of the price shall be of the essence of the Contract.
5.8 - If You fail to make any payment on the due date then, without prejudice to any other right or remedy available to Us, We shall immediately be entitled to:
5.8.1 - cancel the Contract;
5.8.2 - suspend further deliveries on your behalf;
5.8.3 - sell any Consignment or part Consignment owned by You and in Our possession pursuant to a general lien which We shall at all times have against You for any and all monies owed by You to Us, as Your agent at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to You for the excess over the Contract price or charge You for any shortfall below the Contract price;
5.8.4 - appropriate any payment made by You pursuant to any contract between You and Us as We may think fit; and/or
5.8.5 - claim interest and/or compensation for reasonable debt recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002.
6. Delivery
6.1 - Delivery of a Consignment shall take place at the time at which the first item comprising a Consignment is unloaded at the place of delivery specified in the Order.
6.2 - Where Consignments are to be delivered in instalments, each delivery shall constitute a separate contract and failure by Us to deliver any one or more of the instalments in accordance with these terms or any claim by You in respect of any one or more instalments shall not entitle You to treat the Contract as a whole as repudiated.
6.3 - If You or Your client fails to accept a Consignment for any reason (including but not limited to by reason of there being no safe or adequate access, or no adequate unloading facilities) or fails to give Us adequate instructions for delivery of a Consignment to the place of delivery and/or unloading, then without prejudice to any other right or remedy available to Us, We may:
6.3.1 - store the Consignment until actual delivery of it to the place of delivery and/or unloading and charge You for reasonable costs (including insurance) of storage;
6.3.2 - after taking reasonable steps to give You notice of the fact that delivery of a Consignment to the place of delivery and/or unloading has not taken place and that the Consignment will be sold unless within the time specified within such notice (which shall at all times be reasonable taking into account all the circumstances) the Consignment is collected or unloaded (as the case may be) by You or Your client or instructions are issued for its disposal, sell the Consignment at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to You for the excess over the Contract price or charge You for any shortfall below the Contract price.
6.4 - On delivery of a Consignment to the place of delivery We shall be entitled to require an authorised representative to sign a document acknowledging receipt of such Consignment, which shall be evidence of the condition and accuracy of the nature, quantity, weight and quality of the Consignment at the time of delivery.
7. Risk
7.1 - We agree to bear the risk of damage to or loss of the Consignment whilst in transit, but shall not bear such risk at any other time.
7.2 - Risk of damage to or loss of a Consignment shall pass to You at the time of unloading or, if You or Your client wrongfully fails to accept a Consignment, at the time when We notify You or Your client that the Consignment is ready for delivery.
8. Liability
8.1 - Subject to the following provisions of this condition 8, We shall not be liable for any damage to or loss or mis-delivery of the whole or any part of a Consignment unless You have notified Us of such damage or loss within 7 working days of delivery of such Consignment or (where the damage or loss was not apparent on reasonable inspection) within a reasonable time after discovery of the damage or loss, or (in the case of mis-delivery) within 7 working days of the date for delivery set out in the Order. If You do not notify Us accordingly, We shall have no liability for such damage, loss or mis-delivery and You shall be bound to pay the Contract price as if the Services had been delivered in accordance with the Contract.
8.2 - Where any valid claim for damage, loss or mis-delivery is notified to Us in accordance condition 8.1 above, We shall be entitled at Our discretion:-
8.2.1 - to refund to You the Contract price (or a proportionate part of the Contract price);
8.2.2 - to account to You for the value of the Consignment or part of it actually lost, mis-delivered or damaged; or
8.2.3 - to make an insurance claim for a sum calculated at the rate of £1,300 per tonne on the gross weight of the Consignment or part of it actually lost, mis-delivered or damaged, or such other rate as shall apply to the Consignment by virtue of agreement between us pursuant to condition 8.3 below, in which event We will take all reasonable steps to recover from the insurers sums due under the policy of insurance and account to You in respect of amounts recovered in respect of the loss or damage suffered by You following which We shall have no further liability to You.
8.3 - You shall be entitled to request Us in writing to increase the rate referred to at condition 8.2.3 up to £5,000 per tonne calculated on the gross weight of the Consignment, such notice to be received not less than 7 working days' prior to commencement of transit, provided that We shall be under no obligation to increase the rate above that referred to at condition 8.2.3, and further provided that the price shall be increased to such amount as We shall notify to You prior to commencement of transit.
8.4 - We shall not be liable for any physical loss, mis-delivery or damage to any items comprising a Consignment where:
8.4.1 - there was no safe or adequate access or adequate unloading facilities at the place of delivery;
8.4.2 - You failed to give Us adequate instructions for treatment of the Consignment;
8.4.3 - You failed to give Us adequate instructions for delivery;
8.4.4 - if the total price for the Services has not been paid by the due date for payment;
8.4.5 - a Consignment has deteriorated or reduced in bulk and/or weight due to causes outside Our reasonable control, including by reason of natural deterioration;
8.4.6 - a fault or defect existed at the time at which We received the Consignment; and/or
8.4.7 - a Consignment has been insufficiently or inappropriately packaged or labelled.
8.5 - Except in respect of death or personal injury caused by Our negligence, and except as otherwise provided in these terms, We shall not be liable to You by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit, goodwill or otherwise), costs, expenses, revenue, anticipated savings or other claims for compensation whatsoever (whether caused by the negligence of Us, Our employees, agents or otherwise) which arises out of or in connection with the Services.
8.6 - Nothing in these terms shall be construed as limiting or excluding Our liability for death or personal injury caused by Our negligence, or Our liability for any fraudulent misrepresentation on Our part.
9. Force Majeure
9.1 - We shall not be liable to You or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Our obligations in relation to the Services if the delay or failure was due to an uninsured event of Force Majeure.
9.2 - In the event of an insured event of Force Majeure We shall make an insurance claim, and We will take all reasonable steps to recover from the insurers sums due under the relevant policy of insurance and account to You in respect of amounts recovered in respect of the loss or damage suffered by You, following which We shall have no further liability to You.
10. Indemnity
You shall indemnify Us against any and all liability and costs incurred by Us (including but not limited to fines, penalties, damages, expenses, cost awards, loss of or damage to Our vehicle or to other goods carried) arising directly or indirectly as a result of any failure to comply with clauses conditions 4.3, 4.4 or 6.3 above.
11. Unreasonable Detention
You shall be liable to pay demurrage for any unreasonable detention of Our vehicle(s).
12. Storage
If we agree to store a Consignment or part of a Consignment before or after transit, Our Terms of Storage current at the time of such storage shall apply. Copies of Our Terms of Storage are available upon request.
13. Cancellation and Termination
13.1 - You shall not be entitled to cancel a Contract and if You purport to do so You shall indemnify Us for all losses, costs and expenses incurred by Us up to and including the date of cancellation in relation to such Contract.
13.2 - You are required to give Us three months' written notice in the event that You no longer wish Us to supply the Services to You, during which period We shall continue to supply the Services to You on these terms, and at the expiry of such period, provided that all payments due from You to Us have been made in full, neither You nor We shall have any further obligation or liability to the other under these terms or otherwise.
14. General
14.1 - We shall be entitled to subcontract the whole or any part of Our obligations under the Contract to any third party which We may at Our absolute discretion determine (including in relation to any network arrangement, pursuant to which We shall be entitled to transfer a Consignment between vehicles and/or cold stores) provided that any subcontract shall not relieve Us of Our obligations under these terms.
14.2 - You shall only be entitled to assign your rights and obligations under this Agreement (for example, where You have transferred ownership to a Consignment or part of a Consignment) with Our prior written consent, a condition of which shall be that You provide Us with written confirmation from the assignee that the assignee agrees to be bound by these terms in their entirety (including in relation to any right of lien over goods), provided that We shall at all times be entitled to pursue You for any monies due under a Contract which is assigned pursuant to this condition 14.2 where payment in relation to such Contract is not received in full.
14.3 - Any notice required or permitted to be given by either party to the other under these terms shall be given in writing and addressed to the other party at its registered office, principal place of business or at such other address as may be notified to the other party from time to time.
14.4 - No waiver by Us of any breach of the Contract by You shall be considered a waiver of any subsequent breach of the same or any other provision.
14.5 - If any provision of these terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and the remainder of the provisions in question shall not be affected.
14.6 - A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or enjoy the benefit of any term of this Contract.
14.7 - The Contract shall be governed by and construed in accordance with the laws of England and You agree to submit to the non exclusive jurisdiction of the English courts.