Terms & Conditions of Carriage

Terms & Conditions of Carriage – Please note that the Customer will not in all circumstances be entitled to Compensation, or to full Compensation, for any loss and is therefore recommended to seek professional advice as to appropriate insurance cover to be maintained while Consignments are in transit.

The Carrier (as defined below) is not a common carrier and accepts goods for carriage only upon that condition and the Conditions set out below. No servant or agent of the Carrier is permitted to alter or vary these Conditions in any way unless expressly authorised in writing to do so by a Director of Elite Logistics & Distribution Limited. If any provision of these Conditions or of the contract becomes invalid, illegal, unenforceable or void in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. For the avoidance of doubt these are the Elite Logistics & Distribution Limited Terms & Conditions of Carriage which are common to all Contracts entered into between Customers and Carriers for use of the Elite Logistics & Distribution Limited Network.

1.Definitions

1.1 “Carrier” means Elite Logistics & Distribution Limited (company number 09083153) and/or any of its member depots or other agents within the Elite Logistics & Distribution Limited Same Day Courier Network or agents fully vetted by other means.

1.2 “Customer” means the person who contracts for the services of the Carrier including any other carrier who gives a Consignment to the Carrier for carriage.

1.3 “Business Day” means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.

1.4 “Charges” means the charges payable by the Customer to the Carrier for the supply of services.

1.5 “Contract” means this Contract (Conditions Of Carriage), which shall apply to the Contract of Carriage between the Customer and the Carrier in accordance with these conditions.

1.6 “Consignee” means the person or company to whom the Carrier delivers the consignment.

1.7 “Consignment” means goods, whether a single item or in bulk or contained in one parcel, package or container, as the case may be, or any number of separate items, parcels, packages or containers sent at one time in one load by or for the Customer from one address to one address.

1.8 “Deliverables” means all documents, products and materials developed by the FCND or its agents, contractors and employees as part of or in relation to the services in any form or media, including without limitation drawings, maps, plans, diagrams, designs, pictures, computer programs, data, specifications and reports (including drafts).

1.9 “Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

1.10 “Dangerous Goods” means dangerous goods as defined in the Carriage of Dangerous Goods by Road Regulations 1996 (as amended, re-enacted or extended from time to time), and any other substance likely to cause or encourage disease, vermin, pests or other hazard.

2. General

2.1 The Carrier is not a common carrier and accepts at its sole discretion Consignments for carriage subject only to this Contract. This Contract shall apply to the exclusion of any other terms and conditions (including those of the Customer). Unless agreed in writing by a Director of the Carrier, no employee, agent or sub-contractor of the Carrier is authorised to alter or vary this Contract.

2.2 The Customer acknowledges and agrees that this Contract excluding or restricting any liability of the Carrier are reasonable having regard to the existence of alternatives and other carriers available to it.

2.3 The Customer warrants that it is either the owner of the Consignment and accepts this Contract or is authorised by such owner to accept this Contract on such owner’s behalf.

2.4 Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf or any other party.

2.5 The representative of the Customer by signing this agreement is not guaranteeing any level of work for the Carrier to carry out.

3. Dangerous Goods

3.1 Dangerous Goods are not acceptable for carriage under any circumstances.

4. Transit

4.1 Transit commences when the Carrier takes possession of the Consignment, whether at the point of collection or at the Carrier’s premises.

4.2 Transit shall (unless otherwise agreed) end when the Consignment is tendered at the Consignee’s address.

4.3 Where a Consignment cannot be delivered (for whatever reason), or is held by the Carrier to await order, or further instructions are not given, or the Consignment is not collected within 48 hours of notice being given to the Customer, or such other time as the Carrier may nominate, then transit shall be deemed to end at the expiry of such time.

4.4 The Carrier shall be entitled to recover any expenses incurred in attempting to effect delivery.

4.5 In the event of termination of any contract of carriage, whether for a Consignment or of passengers by the Customer within 30 minutes prior to the start of transit from any destination, the Customer shall be liable to the Carrier for any losses incurred by the Carrier, as a result of the termination not exceeding the full cost of hiring.

5. Delivery

5.1 The Customer shall ensure that the Consignment is secure, properly packed and labelled in accordance with statutory requirements and is fit and safe to be carried, stored and transported by road, air, rail or sea as may be appropriate.

5.2 The Carrier will use all reasonable efforts to deliver within the time specified for delivery but unless otherwise agreed these are estimates only and time is not of the essence.

5.3 Unless the Carrier has otherwise agreed in writing with the Customer:

5.3.1 The Carrier shall not be required to provide any labour or special equipment for loading or unloading the Consignment, other than that carried by the vehicle used by the Carrier; and

5.3.2 The Customer warrants that it will provide or procure any special equipment required for loading or unloading the Consignment and shall indemnify and hold harmless the Carrier for any damage, however caused, if the Carrier is instructed to load or unload any Consignment requiring special equipment where such equipment has not be provided or procured by the Customer.

6. Consignment Notes

6.1 If required, the Carrier shall sign a document prepared by the Customer acknowledging receipt of the Consignment but such document shall not be evidence of the condition, declared nature, quantity or weight of the Consignment at the time it is received by the Carrier.

6.2 The Carrier may require acknowledgment at the point of delivery of the Consignment and any such receipt given shall be conclusive evidence of proper delivery.

7. Undelivered or Unclaimed Goods

7.1 Where the Carrier is unable to effect delivery as requested by the Customer, or where transit has come to an end, the Carrier shall use its reasonable endeavours to notify the Customer and the Consignee of any undelivered or unclaimed goods. Unless the goods are collected or instructions are given for its disposal within 24 hours (or such other time as the Carrier may nominate) of notice being given, the Carrier may destroy or sell the goods as if it were the absolute owner.

7.2 The Carrier shall use its reasonable endeavours to obtain a reasonable price for the goods and shall apply the proceeds of sale to the payment of all its proper expenses and charges incurred in relation to the carriage, storage and sale or disposal of the goods. Any proceeds left over shall be paid to the Customer upon which the Customer shall be discharged from all liability in respect of the goods.

8. Charges & Payments

8.1 Payment terms for customers are they must pay by credit / debit card or by invoice which we will give 14 days from job to pay the full amount. If a customer is late paying services will be suspended until the invoice which is due has been paid in full.

8.1.1 When paying by credit / debit card please note our privacy policy – We do not store credit card details nor do we share customer details with any 3rd parties.
8.1.2 If the job is cancelled after the Carrier is on site no refund will be given, if cancelled while the Carrier is on route a refund will be given minus the cost of cancellation as stated in these terms of carriage. If the job is cancelled before the Carrier sets off a full refund will be processed and can take up to 5 working days to be back with the Customer.
8.1.3 All prices quoted are exclusive of VAT and toll road fees, waiting time is limited to 15 minutes.

8.2 The Carrier’s charges shall be based on its tariffs in effect at the time of performance. The Carrier will prepare invoices at least once a month. Credit facilities granted to a Customer may be withdrawn at the Carriers discretion. At any time and the balance outstanding shall become due immediately on demand.

8.3 Charges are payable in full without any right of deduction or set off on the due date notified to the Customer or failing such notification within seven days after the date of the relevant invoice. The Carrier shall be entitled to charge interest at 3 .5% above the prevailing Official Dealing Rate of the Bank of England calculated on a daily basis on all overdue amounts. Any queries in respect of an invoice must be made in writing within seven days of the date of the invoice otherwise it will be deemed to have been accepted and will be payable in full.

8.4 All quotations given based on weight charge shall apply to the gross weight of the Consignment.

8.5 In relevant circumstances, volumetric conversion will apply.

8.6 The Carrier when picking up or delivering any Consignment, allows for up to 15 minutes only for loading, unloading or waiting. Any extra time accumulated will incur an additional charge of £30 per 30 minutes.

8.6.1 Any additional charges incurred for loading, unloading or waiting will be automatically added to the invoice of the job.

9. Intellectual Property Rights

9.1 All Carrier materials are the exclusive property of the Carrier.

10. Indemnity

10.1 The Customer shall keep the Carrier indemnified against all liabilities, costs, expenses, damages and losses including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other professional costs and expenses suffered or incurred.

11. Insurance & Liability

11.1 Except where the Customer has specifically requested the Carrier to arrange insurance prior to commencement of transit of the Consignment, the Carrier shall not be liable for any loss, misdelivery or damage to cash, jewellery, furs, watches, precious metals, stones, bullion and the like, non ferrous metals, scrap, explosives and similar articles.

11.2 The Carrier shall not be liable in respect of any loss, misdelivery of or damage to any Consignment as a result of any:

11.2.1 Seizure or forfeiture under legal process;

11.2.2 Act, omission, or misrepresentation by the Customer, owner of the Consignment, Consignee or independent contractor;

11.2.3 Inherent liability to wastage in bulk or weight, defect or inherent defect, natural deterioration or fragility of the Consignment (notwithstanding that it may be marked “Fragile”);

11.2.4 Insufficient or improper packing, labelling or addressing unless it is previously agreed in writing that the Carrier shall undertake such task; or

11.2.5 Marine risk

11.3 The Carrier shall not in any circumstances be liable for loss or damage to the Consignment after transit is deemed to have ended, whether or not caused or contributed to by the Carrier.

11.4 The Carrier shall not in any circumstances be liable for any loss or damage where there has been fraud on the part of the Customer, owner of the Consignment or Consignee, unless the fraud has been contributed to by the Carrier or its employees acting in the course of their employment.

11.5 The Carrier shall in no circumstances, except in respect of death or personal injury caused by the Carrier’s negligence, be liable for any consequential, special or indirect loss or damage costs, expenses or other claims whatsoever (whether for loss of profit or otherwise and whether due to the negligence of the Carrier, its employees, agents or otherwise) which arise out of or in connection with the supply of the Carrier’s services.

11.6 The Customer shall provide to the Carrier written proof of the value of the Consignment damaged or lost and the Carrier shall be entitled to inspect the damaged Consignment.

12. Confidentiality

12.1 A party (receiving party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the receiving party by the other party (disclosing party), its employees, agents or subcontractors, and any other confidential information concerning the disclosing party’s business, its products and services which the receiving party may obtain. The receiving party shall only disclose such confidential information to those of its employees, agents and subcontractors who need to know it for the purpose of discharging the receiving party’s obligations under the Contract, and shall ensure that such employees, agents and subcontractors comply with the obligations set out in this clause as though they were a party to the Contract. The receiving party may also disclose such of the disclosing party’s confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction.

12.2 This clause 12 shall survive termination of the Contract.

13. Severance

13.1 If any provision or part-provision of the Contract 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 or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the contract.

14. Force Majeure

14.1 Neither Party shall be in breach of the contract nor liable for delay in performing, or failure to perform, any of its obligations under it if such delay or failure result from events, circumstances or causes beyond its reasonable control.

15. Governing Law and Jurisdiction

15.1 These Conditions and all contracts with Customers shall be governed by and construed in accordance with the Laws in England and any proceedings shall be subject to the exclusive jurisdiction of the English Courts.

15.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims)

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