Terms & Conditions
(trading as Unitruc European Logistics)
Standard Conditions of Carriage (International) (“Conditions”)
1 Basis of carriage
1.1 If the goods are to be collected by us from one place in the United Kingdom or Eire and delivered to another location ion the UK or Eire then our “Standard Conditions of Carriage (National)” will apply.
1.2 These conditions apply in all other cases.
1.3 If the goods are to be collected by us from a place in one country and delivered to a place in anther country then the terms of the Convention on contracts for the International Carriage of Good by Road (CMR, “the Convention”) will automatically apply.
1.4 If the goods are to be collected by us from one place in a country (other that the UK or Eire) and delivered to another place in that country then you agree to be bound by the Convention.
1.5 The Convention overrides these Conditions to the extent that there is any conflict between the two.
1.6 In these Conditions “we” are the carrier and “you” means the person from whom we take instructions to transport the goods. If you are not the owner of the goods or the sender shown on the consignment note, you warrant that you have those persons’ authority to accept these terms on their behalf.
2.1 You must provide us with a consignment note when we collect the goods of before (unless otherwise agreed).
2.2 If we agree to make out the consignment note we do so on your behalf and you must provide us with any information we require to do so.
3 Our Charges
3.1 Our quotations lapse after 30 days.
3.2 Unless otherwise agreed, our charges are as shown on the consignment note.
3.3 The charges do not include VAT which you must pay to us at the rate applying when payment becomes due.
3.4 We may increase out charges at any time before collection if the cost of carriage increases for reasons beyond our control.
3.5 Payment is due in cash or cleared funds on or before the date we collect the goods (unless you have an approved credit account).
3.6 If you have an approved credit account, payment is due no later than 30 days after the date of our invoice.
3.7 You are jointly and separately liable for paying any sums which are due to us either from you or from the consignee.
3.8 If you fail to pay us on the due date:
3.8.1 we may refuse to collect the goods
3.8.2 we may suspend or cancel the carriage of any goods belonging to you which are in transit:
3.8.3 you must pay us interest at the rate set under s.6 of the Late Payment of Commercial Debts (Interest) Act 1998:
a calculated (on a daily basis) from the date of our invoice until payment:
b compounded on the first day of each calendar month;
c before and after any judgement (unless the court orders otherwise).
3.8.4 we may claim fixed sum compensation from you under s.5A if that Act to cover our credit control overhead costs; and
3.8.5 we may recover (under clause 8.1) the cost of taking legal action to make you pay.
3.9 If you have an approved credit account, we may withdraw it or reduce your credit limit or bring forward your due date for payment. We may do any of these things at any time without notice.
3.10 You may not set off any money you claim from us against any money you may owe to us.
4 Collection and Delivery arrangements
4.1 Unless we agree otherwise in writing, you are responsible for:
4.1.1 packing the goods safely;
4.1.2 ensuring that dangerous goods or temperature controlled goods are
packed or loaded according to any applicable regulations;
4.1.3 marking and numbering the packages: and
4.1.4 handling, loading, stowing and unloading the goods at the place of collection and at the point of delivery.
4.2 Unless we agree otherwise in writing any handling, loading, stowing or unloading carried out by us or the consignee is deemed to be carried out on your behalf.
4.3 If, when we collect the goods, they are packed, loaded or sealed so that to inspect the goods would be impossible or unreasonably difficult, we accept the goods only with the reservation that we are not able to verify their condition (whether or not this is marked on the consignment note).
4.4 The time limit for delivery is an estimate only unless an agreed time limit is entered on the consignment note as a special instruction.
4.5 You must pay us our standard hourly demurrage rate if our vehicle is delayed at the point of collection or delivery by more than 2 hours.
4.6 We may decline to deliver if:
4.6.1 we believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
4.6.2 the consignee’s premises are unsuitable for our vehicle.
4.7 We will allow the consignee to inspect the goods on delivery. If the consignee does not inspect the goods but marks the consignment note with a reservation that the goods were not examined (or words to that effect), we will not be liable for any shortage or damage whatsoever which is discovered later.
5.1 Our liability is limited under the Convention and you are strongly advised to arrange suitable insurance for the goods.
5.2 We are not liable for and loss under article 26 of the Convention unless your special interest in delivery has been agreed by us in writing.
5.3 Where any stage of the carriage is performed by a mode of transport other than one to which the Convention applies then our liability to you and the consignee is limited to the amount which we can recover from the person responsible for that stage of the carriage.
6 Impossibility and safety
6.1 If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may cancel or suspend any of our obligations to you, without liability.
6.2 Examples of those circumstances include act of God, war (civil or international), accident, explosion, fire, flood, traffic delays, strikes, industrial disputes and breakdown.
6.3 If we are unable to deliver the goods we will contact you for instructions. If we cannot contact you (or cannot do so in a reasonable period of time) we will deal with the goods according to what we believe are your best interests. You agree to reimburse us for additional costs we incur by acting on your instructions or in your interests.
7 Carrier’s lien
7.1 We have a lien over:
7.1.1 the goods; and
7.1.2 any of your property we may have (including cash received on delivery);
until you have paid us
7.1.3 the charges for carriage of the goods;
7.1.4 any other money you may owe us.
7.2 You must inform us immediately (in writing) if you become insolvent.
8.1 You agree to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly of indirectly including financial costs and including legal costs on a full indemnity basis) following any breach by you of any of your obligations under these Conditions.
9.1 We may suspend or cancel the carriage of the goods if;
9.1.1 you fail to pay us any money when due (under this contract or otherwise);
9.1.2 you become insolvent;
9.1.3 you fail to honour your obligations under these Conditions.
10 Waiver and variations
10.1 Any waiver or variation of these terms is binding in honour only unless;
10.1.1 made (or recorded) in writing;
10.1.2 signed on behalf of each party by a director; and
10.1.3 expressly stating an intention to vary these terms.
10.2 All consignments we carry will be on the Conditions (or any that we may issue to replace them). By requesting carriage by us you are expressly waiving any printed conditions you may have to the extent that they are inconsistent with these Conditions.
11.1 If any of these Conditions is unenforceable as drafted;
11.1.1 it will not affect the enforceability of any other of these Conditions; and
11.1.2 if it would be enforceable as amended, it will be treated as so amended.
11.2 We may treat you as insolvent if:
11.2.1 you are unable to pay your debts as they fall due; or
11.2.2 you (or any item of your property) become the subject of:
a any formal insolvency procedure (for example liquidation, bankruptcy, administration, voluntary arrangement or receivership);
b any application or proposal for any formal insolvency procedure; or
c any application procedure or proposal overseas with similar effect or purpose.
11.3 All brochures or promotional materials are illustrative only. their contents form no part of any contract between us and you should not rely on them in entering into any contract with us.
11.4 The only statements upon which you may rely in making the contract with us are those made in writing by someone who is our authorised representative and either;
11.4.1 contained in our quotation (or covering letter) and not withdrawn before the contract is made; or
11.4.2 which expressly state that you may rely on them when entering into the contract.
11.5 Any notice by either of us which is to be given under these terms may be served by leaving it at or delivering it to (by first class post or fax) the other’s registered office or principal place of business. all such notices must be signed.
11.6 Nothing in these conditions affects or limits our liability for fraudulent misrepresentation.
12 Applicable law and jurisdiction
12.1 English law is applicable to any contract made under these conditions.
12.2 The English courts have non-exclusive jurisdiction.