Cahills Logistics TERMS OF BUSINESS
All terms of business are transacted subject to the conditions set out below.
Terms and Conditions
“The firm” means Cahills Logistics.
“The customer” means any person sending or receiving goods by the firm’s services and includes his servants or agents.
“The goods” means any item accepted by the firm at any one time from the customer at one address for delivery to another address or addresses.
“The price list” means the price list of the firm for the time being in force.
“The rate” means the price rate for type of transportation undertaken specified in the price list.
1. The firm shall be entitled to sub-contract the whole or part of the contract without prior notice to the customer.
1.1 No contract shall come into existence until the customer’s order incorporating only these conditions has been accepted by word of mouth or in writing.
1.2 No variation of these conditions shall be effective unless made in writing and signed by an authorised officer or employee of the firm.
1.3 Unless otherwise agreed in writing, these conditions shall prevail over inconsistent terms implied by law or by trade custom; practice or course of dealing or any terms and conditions of the customer and any such inconsistent terms are hereby expressly excluded.
1.4 Unless with authority of the person entitled to give the same on behalf of the customer.
2. The customer shall:
2.1 Securely pack all goods so as to render them wind and watertight.
2.2 Place on the goods in a permanent and irremovable form in clear letters or characters the name and address of the person whom the goods are to be delivered.
2.3 Notify the firm when the replacement or compensation value of the goods exceeds one hundred pounds.
2.4 Notify the firm if the goods comprise of jewellery, precious metals, dangerous chemicals, pharmaceutical products, firearms and explosives.
THE RIGHTS OF Cahills Logistics:
3. The firm shall be entitled (but shall not be obliged) to:
3.1 Inspect any goods sent to carriage;
3.2 Reject the carriage of any goods for any reason that it shall think fit.
3.3 Abandon the carriage of any goods during the course of transit on account of faulty packaging or the nature of the goods carried when the description thereof has not been disclosed to the firm.
3.4 The firm shall not be under any obligation to repackage or re-address any goods, nor to forward the same once they have been abandoned.
3.5 The firm shall, if so required, sign a document prepared by the customer acknowledging receipt of the consignment but no such document shall be evidence of the condition or of the correctness of the declared nature, quantity or weight of the consignment at the time it is received by the firm.
3.6 The firm shall not be liable for:
3.6.1 Loss of a parcel, package, or container or from an unpacked consignment or for damage to a consignment or any part of a consignment unless it is advised thereof in writing otherwise than upon a consignment note or delivery document within 2 days and the claim giving details of quantum and the circumstances of any loss is made in writing within 5 working days after the termination of transit as determined above;
3.6.2 Loss or none delivery or non-delivery of the whole of the consignment or any separate parcel, package or container forming part of a consignment unless the firm is advised of the loss, none delivery in writing, otherwise than upon a consignment note or a delivery document within 10 working days and the claim giving details of quantum and the circumstances of any loss is made in writing within15 working days after the commencement of transit as determined above.
4.1 The firm's charges shall be made in accordance with its tariff current at the time of performance of the contract. Invoices will be prepared by the firm at least once a week. Credit discretion at anytime and the balance outstanding shall become due immediately on demand.
4.2 The firm's charges shall be payable by the customer without prejudice to the firm's rights against the consignee or any other person. Without prejudice to the generality of the foregoing, when goods are consigned "carriage forward", the Customer shall not be required to pay such charges unless the consignee fails to pay after demand has been made by the firm for the payment thereof and such demand has not been paid within the time stipulated by the firm to the customer.
4.3 Charges shall be payable on the expiry of any time limit notified to the Customer (whether on any invoice or otherwise) or failing such notification 30 days after the relevant invoice and the firm shall be entitled to a late payment charge of £40.00 and interest at 4% above the base rate of the Bank of England at the time being calculated on a daily basis on all amounts overdue to the firm. Any queries as to the correctness of the invoice must be made in writing within four-teen (14) days of issue of the invoice otherwise it will be payable in full.
4.4 Unless stated otherwise, all charges quoted are exclusive of Value Added Tax.
4.5 All sums due to the firm shall be paid without deduction, set-off or abatement and the customer shall not withhold or defer any payment on account of any claim or counterclaim and acknowledges that any such claim or counterclaim whatsoever by the customer against the firm must be subject to separate proceedings.
4.6 The Customer shall be liable for the cost of (£20.00 per hour) unreasonable detention of any vehicle, or other item of the firm, but the rights of the firm against any other person shall remain unaffected.
5. Unless the firm has agreed in writing to the contrary with the Customer:
5.1 The Carrier shall not be under any obligation to provide any plant, power or labour required for loading or unloading the consignment, other than that carried by the vehicle used by the firm.
5.2 The customer warrants that any special equipment required for loading or unloading the consignment which is not carried by the firm's vehicle will be provided or procured by the customer;
5.3 The firm shall be under no liability whatsoever to the customer and the customer shall indemnify and hold harmless the firm for any damage, however caused, if the firm is instructed to load or unload any goods requiring special equipment if such equipment has not been provided or procured by the customer.
6.1 Transit shall commence when the firm takes possession of the consignment, whether at the point of collection or at the firm's premises.
6.2 Transit shall (unless otherwise previously determined) end when the consignment is tendered at the usual place of delivery at the consignee's address PROVIDED THAT:
6.3 If no safe and adequate access or, if applicable, no adequate unloading facilities there exist, then transit shall be deemed to end at the expiry of one hour after notice by telephone of the arrival of the Consignment at the firm's premises has been given to the customer; or
6.4 When for any other reason whatever a consignment cannot be delivered or when a consignment is held by the firm to "await order" or upon any like instructions and such instructions are not given or the consignment is not called for and removed within a reasonable time determined by the firm, then transit shall be deemed to end at the expiry of such reasonable time.
7.1 The firm will endeavour to deliver the consignment within the time period agreed between the firm and the customer in writing.
7.2 The firm will not be liable for any delay caused by the unavailability of the sender or recipient of the consignment.
7.3 The firm will not be liable for loss or delay to the consignment caused by the following:
7.3.1 Act of god, including but not limited to earthquake, flood, or storm.
7.3.2 Act of war.
7.3.3 Act of hostilities.
7.3.4 Nuclear danger.
7.3.5 Industrial action.
7.3.6 Unforeseeable traffic conditions.
7.3.7 Cancellation of transport services based on threat or fear of the matter outlined in 7.3.1 to 7.3.6
7.3.8 Seizure under legal processes.
LIMITATION OF LIABILITY:
8. The liability of the firm for loss of or damage to any consignment shall be limited to a maximum of £10,000 whether such loss or damage was due to the fault or negligence of the firm or its servants, agents or employees or otherwise. If the Customer wishes to arrange a higher level of liability in respect of any Consignment, then it should apply to the firm who may be able to arrange this at an additional charge to the Customer.
8.1 Where the none delivery, loss or damage howsoever sustained is in respect of a part only of the consignment, the firm's liability shall be limited to the actual value of that part of the consignment or where such cannot be readily ascertained a sum representing the proportion which the part of the consignment none delivered, lost or damaged represents of the total consignment based on the open market value of the total consignment.
8.2 Cahills Logistics shall not be liable to the customer under or in connection with this agreement for any indirect or consequential loss or damage or any loss of or damage to profit, revenue, savings, use, contract, goodwill or business, in each case howsoever caused, including without limitation by reason of misrepresentation (whether made prior to or in this agreement), negligence, other tort, breach of contract or breach of statutory duty.
8.3 The firm shall be entitled to receive written proof of the value of the consignment damaged or lost and shall be afforded by the customer a reasonable opportunity to inspect the consignment when delivery has been effected to the consignee.
8.3 The firm shall only be liable for loss or damage occurring within the geographical limits of Great Britain. For journeys outside these limits, liability shall be restricted to the amount of cover provided by the international agent or firm chosen at the firm's absolute discretion.
9. The firm shall have a general lien against the owner of any goods for any monies whatsoever due from such owner to the firm. If any lien is not satisfied within a reasonable time the firm may at his absolute discretion sell the goods as agents for the owner and apply the proceeds towards the monies due and the expenses of the sale, and shall upon accounting to the Customer for the balance remaining if any, be discharged from all liability whatsoever in respect of goods.
10. The firm shall not in any circumstances be liable in respect of a consignment where there has been fraud on the part of the customer or the owner of the consignment or any part thereof or the servants or agents of either of them in respect of that consignment, unless the fraud has been contributed to by the complicity of the firm or of any servant of the firm acting in the course of his employment.
LIMITATION OF LIABILITY:
11. Subject to these conditions the liability of the firm in respect of any one consignment shall in any case be limited.
11.1 To an ex-gratia payment not exceeding in total £50 in respect of any one Consignment and the Customer hereby agrees and acknowledges that he shall be responsible for insuring all goods comprised in any Consignment whilst the same are in transit.
11.2 Where loss or damage however sustained is in respect of part of a Consignment to the proportion of the sum ascertained in accordance with (i) of this Condition which the actual value of that part of the Consignment bears to the actual value of the whole of the Consignment: Provided that:
11.2.1 Nothing in this clause shall limit the Carrier’s liability below the sum of £10 in respect of any one consignment:
11.2.2 The carrier shall not in any case be liable for indirect or consequential damages or for loss of a particular market whether held daily or at intervals or for damages in respect of the commercial utility to the Customer of the Consignment:
11.2.3 The Carrier shall be entitled to require proof of the value of the whole of the Consignment
COMPUTATION OF TIME:
12. In the computation of time where any period provided by these Conditions, Saturdays, Sundays and all statutory public holidays shall be excluded.
13. These conditions shall be governed and construed in accordance with the laws of England, and the Consignor submits to the exclusive jurisdiction of the English courts.