CONDITIONS OF BUSINESS FOR andrewpickles.com TRADING AS Andrew Pickles
“Booking” means a booking for the carriage of a Consignment placed by a Customer with the Carrier by telephone, by facsimile or on-line via the WebSite.
“Carrier” means andrewpickles.com trading as Andrew Pickles
“Customer” means the person who contracts for the services of the Carrier.
“Conditions” means these conditions of carriage, which shall apply to the contract of carriage between the Customer and the Carrier.
“Consignee” means the person to whom the Carrier delivers the Consignment.
“Consignment” means goods or property, whether or not contained in separate parcels, packages, containers or envelopes including any paper, documents and cash, to be delivered by the Carrier for the Customer to the Consignee.
“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.
“WebSite” means the andrewpickles.com WebSite located at www.andrewpickles.com
2.1 The Carrier is not a common carrier and accepts at its sole discretion the carriage of Consignments subject only to these Conditions. These Conditions 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,(with the exception of Clause 11.1) no employee, agent or sub-contractor of the Carrier is authorised to alter or vary these Conditions.
2.2 The Customer acknowledges and agrees that the Conditions 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 these Conditions or is authorised by such owner to accept these Conditions on such owner’s behalf.
2.4 The Carrier reserves the right to withdraw the WebSite without prior notice and also to refuse any orders placed thereon.
3.1 The Carrier may engage any agent or sub-contractor to fulfil the contract for the carriage of the Consignment by road and shall provide the name of such agent or sub-contractor to the Customer upon written request. Subject to clause 3.2, the Carrier contracts for itself and on behalf of its agents and sub-contractors.
3.2 The carriage of any Consignment by rail, sea, inland waterway or air is arranged by the Carrier with an independent third party as agent of the Customer and that part of the contract shall be subject to the terms and conditions of the independent third party.
4.1 All Dangerous Goods must be disclosed by the Customer in advance and unless otherwise agreed, the Carrier will not accept or carry Dangerous Goods. Where the Carrier accepts Dangerous Goods for carriage they must be classified, packed and labelled in accordance with any applicable statutory regulation for the carriage of such substance and with any specific instructions of the Carrier. The Customer shall further provide such information, document or declaration as may be necessary to enable the carriage of such substance.
4.2 If the Consignment contains cash whether travellers cheques, bearer bonds, bank cards or credit cards, the Customer shall notify the Carrier at the time of making the Booking and the Carrier shall be entitled to charge a reasonable insurance premium for the carriage of any sum over three thousand pounds sterling (£3,000) or equivalent thereof.
4.3 The Customer shall notify the Carrier at the time of Booking if the Consignment contains any perishable goods, or is of a value in excess of five thousand pounds sterling (£5,000) or equivalent thereof.
5.1 The Customer shall ensure that the Consignment is secure, properly packed and labelled in accordance with good practice and any applicable 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 in writing, or email, these are estimates only and time is not of the essence.
5.3 Unless the Carrier has otherwise agreed in writing with the Customer:
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
5.3.1 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 to the Consignment or the Carrier, however caused, if the Carrier is instructed to load or unload any Consignment requiring special equipment where such equipment has not been provided or procured by the Customer.
5.4 The Carrier shall deliver Consignments according to such route as it in its absolute discretion thinks fit.
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/shall require acknowledgment at the point of delivery of the Consignment and any such receipt given shall be conclusive evidence of proper delivery.
7.1 Transit commences when the Carrier takes possession of the Consignment, whether at the Carrier’s premises or at some other point of collection.
7.2 Subject to clause 7.3, transit shall (unless otherwise agreed) end when the Consignment is tendered at the Consignee’s address provided at the time of Booking by the Customer.
7.3 Where a Consignment cannot be delivered (for whatever reason) or is held by the Carrier to await order or further instructions and such 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.
7.4 The Carrier shall be entitled to recover its charges in full for any delivery which is unsuccessful due to incorrect or inadequate information provided by the Customer and in addition recover any expenses or losses it incurred in attempting to effect delivery.
7.5 The Customer understands and accepts that the Carrier shall be entitled to open and examine any Consignment that the Carrier considers to be a security or health and safety risk to the Carrier and to take, at its sole discretion, such appropriate action thereafter.
8. Undelivered or Unclaimed Goods
8.1 Where the Carrier is unable to effect delivery as requested by the Customer when making a Booking, 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 seven days (or such other time as the Carrier may nominate) of notice being given, title to the Consignment shall transfer to the Carrier and the Carrier may destroy or sell the goods as if it were the absolute owner.
8.2 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 Consignment.
9.1 In the event of cancellation of any contract of carriage for a Consignment by the Customer within 30 minutes prior to collection of the Consignment from inner London postcodes (EC1-4, WC1-2, W1, SW1, SE1) and within 60 minutes prior to collection of the Consignment from any other destination, the Customer shall be liable to the Carrier for any losses or expenses incurred by the Carrier as a result of the cancellation of the contract, up to the value of the charges to be paid under the contract.
10. Carrier’s Charges
10.1 Payment terms are 14 days from date of invoice and any variation to these terms are to be agreed in writing by an authorised Employee of the Carrier. Payment terms may be extended to 28 days from date of invoice for a Customer who has signed the necessary consent forms to authorise its bank to make payment by direct debit.
10.2 The Carriers charges shall be based on its tariff in effect at the time of performance of the contract and invoice shall be prepared by the Carrier at least once a month. Credit facilities granted to a Customer may be withdrawn at the Carriers absolute discretion at any time and the balance outstanding shall become due immediately on demand.
10.3 The Carrier shall be entitled to charge interest at 3% above the prevailing Official Dealing Rate of the Bank of England calculated on a daily basis on all overdue amounts. When payment is not made by the due date, the Customer shall indemnify the Carrier for any costs or expenses it may incur in recovering the sum due, including reasonable legal fees.
10.4 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.
10.5 All quotations for the charges are based on the gross weight of the Consignment on a pence per mile basis from the pick up post code to the delivery post code plus 10 miles. Although in certain circumstances the Carrier reserves the right to vary the charges in order to cover the job or to charge the higher of the gross weight or the volumetric weight, calculated as the width (cm) multiplied by the height (cm), multiplied by the depth (cm) of the Consignment, divided by 6,000 and in such instances the Carrier shall notify the Customer of the variation to the charges as soon as possible, except in a situation when immediate cover is required by the customer and where the requested vehicle type is not available, we reserve the right to supply any type of available vehicle and charge the customer the normal charges for that vehicle type.
10.6 All charges quoted are exclusive of Value Added Tax which will be added to the invoice if it is appropriate for the Carrier to do so.
The Carrier shall have a general lien over the Consignment, for monies due from the Customer. If a lien is not satisfied in accordance with the payment terms, and the Customer is the owner of the Consignment, title to the Consignment shall transfer to the Carrier, and the Carrier may, at its absolute discretion, sell the whole or part of a Consignment and apply the sale proceeds towards monies due and the expenses of the carriage, storage, sale or disposal of the Consignment. Any balance remaining shall be paid to the Customer upon which the Carrier shall be discharged from all liability in respect of the Consignment. Where the Customer is not the owner of the Consignment, the Carrier shall be entitled to retain possession, but not dispose of, the Consignment until all monies due in respect of the Consignment are paid in full.
12. Limitation of Liability
12.1 Notwithstanding any other clause of these Conditions, neither party excludes or limits liability for personal injury or death arising from the negligence of wilful default of either party, its servants, dealers or sub-contractors; or any fraudulent misrepresentation.
12.2 The Carrier shall not be liable to the Customer, whether in contract, tort or by statute, or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage suffered by the Customer howsoever caused including, without limitation:
12.2.1 loss due to delay in delivery; and/or
12.2.2 loss of anticipated savings; and/or
12.2.3 loss of business and/or goods; and/or
12.2.4 loss of goodwill; and/or
12.2.5 loss of use; and/or
12.2.6 loss of data or other information; and/or
12.2.7 loss relating to the procurement by the Customer or any substitution of goods or services.
For the avoidance of doubt, neither the type of loss and/or damage specified above in this clause 13, nor any similar type of loss and/or damage shall constitute direct loss for the purpose of the contract.
12.3 Except as expressly provided in these Conditions, the total liability of the Carrier under these Conditions shall not exceed the lower of the declared value of a Consignment or the charges paid to the Carrier or the value of the Consignment has not been declared, for the avoidance of doubt, the liability shall be limited to the Carrier’s charges.
12.4 Where the misdelivery, loss or damage is only in respect of part of the Consignment, the Carrier’s liability shall be limited to the actual value of that part or the proportion of the charges which that part bears to the charges for the total Consignment, whichever is the lower.
12.5 The Carrier shall not be held responsible for any event beyond the reasonable control of the Carrier which prevents it from performing its obligations under the contract including, but not limited to:
12.5.1 acts, omissions or misrepresentations by the Customer, owner of the Consignment, Consignee or independent contractor;
12.5.2 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”);
12.5.3 insufficient or improper packing, labelling or addressing, unless it is previously agreed in writing that the Carrier shall perform such task; or
12.5.4 marine risk.
12.6 If, because of the nature of the Consignment, the Customer wishes to increase the liability of the Carrier, the Customer should notify the Carrier, in writing, who, for an additional sum, may be able to obtain a higher level of insurance which shall be reflected in an increased cap on liability.
12.7 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.
12.8 The Carrier shall only be liable for loss or damage occurring within Great Britain. For journeys outside Great Britain, liability shall be restricted to the amount of cover provided by the international agent or carrier chosen at the Carrier’s absolute discretion. Details of such cover shall be provided to the Customer upon request.
12.9 The liability (if any) of the Carrier to the Customer in respect to any damage or loss of goods or other losses suffered by the customer shall be limited as follows:
12.9.1 where the goods are collected transported and/or delivered entirely within the United Kingdom the liability (if any) of the Carrier to the Customer shall not exceed £10,000 per consignment or the Value of the Goods (whichever is the less) provided that where the Customer has arranged its own transit insurance cover and /or in respect of Goods as referred to in Clause 4 the liability (if any)of the Carrier shall not exceed a sum at the rate of £10 per kilogram on the gross weight (or volumetric weight if applied and charged by the Carrier) of the Goods or the Value of the Goods (whichever is the less).
12.9.2 Where the goods are collected transported and/or delivered to or from a place outside of the United Kingdom the liability (if any) of the Carrier shall not exceed a sum at the rate of £10 per kilogram on the gross weight (or volumetric weight if applied and charged for by the Carrier) of the Goods or the Value of the Goods (whichever is the less).
13.1 The information provided on the WebSite has not been written to meet specific Customer’s requirements and it is the sole responsibility of the Customer to satisfy itself that the service ordered via an on-line Booking will be suitable for its requirements.
13.2 Whilst the Carrier makes all reasonable attempts to exclude viruses from the WebSite, it cannot ensure that the WebSite will be virus free.
13.3 The WebSite is intended for use by the residents in the United Kingdom only and only in respect of their activities within the United Kingdom.
14. Time Limits for Claims
The Carrier shall not be liable for loss of, misdelivery or damage to any Consignment unless it is notified by the Customer of such loss or damage in writing within seven days of the end of the transit and the claim giving details of the value and the circumstances of any loss is made in writing within 14 days after the end of transit. A claim for loss or damage will not be accepted on the consignment note.
15. Indemnity to the Carrier
15.1 The Customer shall indemnify the Carrier against:
15.1.1 all losses suffered by the Carrier (including but not limited to claims, demands, proceedings, fines, penalties, damages, costs, expenses and loss of or damage to the carrying vehicle and to other goods carried) as a result of any breach by the Customer of these Conditions, fraud, error, omission, or misrepresentation by the Customer, owner of the Consignment or Consignee;
15.1.2 all claims and demands made against the Carrier by any third party in excess of the liability of the Carrier under these Conditions;
15.1.3 all losses suffered by and claims made against the Carrier resulting from loss of or damage to property caused by or arising out of the carriage of Dangerous Goods; and
15.1.4 all claims made upon the Carrier by HM Customs & Excise in respect of dutiable goods consigned in bond whether or not transit has ended or been suspended.
If any provision of these Conditions is held by any court or competent authority to be invalid or unenforceable in whole or in part, the validity of the remainder of these Conditions and of such provision shall continue in full force and effect.
17.1 A person who is not a party to the contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Conditions, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
17.2 The Carrier undertakes to comply with any and all provisions of the Data Protection Act 1988 as applicable.
17.3 During the continuance of the business relationship with the Carrier, and for a period of 6 months immediately following the end of the business relationship, the Customer shall not, directly or indirectly, solicit or offer employment or any other form of contract for services to any of the drivers or employees of the Carrier who were directly involved in the performance of a contract of carriage during the 6 months immediately preceding the end of the business relationship.
17.4 The payment terms and charges paid to the Carrier are confidential, and the Customer shall take all reasonable steps to ensure that such terms remain confidential. The Customer may not disclose the terms or make any public announcement about the relationship the parties have entered into without the prior written agreement of the Carrier, save for any disclosure required by law.
17.5 Any notice or other communication to be given under or in connection with this Agreement, shall be given in writing and sent by first-class post, email or facsimile to the registered address of each party, or such other address as either party may substitute by written notice to the other. A notice shall be deemed delivered within two working days of posting, in the case of first-class post; 24 hours after sending an email; and on completion of the transmission in the transmission report, in the case of facsimile.
17.6 These Conditions shall be subject to and construed in accordance with English law, and the parties submit to the exclusive jurisdiction of the English courts.