Terms & Conditions
“Carrier” means “LogisticsXL”, which expression shall, unless the context requires otherwise, include any sub-contractor appointed by the Carrier.
“Customer” means the person or company who contracts for the services of the Carrier, including any other carrier who gives a Consignment to the Carrier for carriage.
“Contract” means the contract of carriage between the Customer and the Carrier, which shall be made subject to these Terms and Conditions.
“Consignee” means the person or company to whom the Carrier contracts to deliver the Consignment.
“Consignment” means goods in bulk or contained in one parcel, package, container or envelope, as the case may be, or any separate number of parcels, packages, containers, envelopes or other items sent at one time in one load by or for the Customer from one address to one address. For the avoidance of doubt, the expression “goods” shall include papers and documents other than those expressly excluded in these Terms and Conditions.
“Dangerous Goods” means dangerous substances as defined in the Road Traffic (Carriage of Dangerous Substances in Packages etc) Regulations 1992 (and any amendment or replacement thereof), explosives, radioactive substances and any other substance presenting a similar hazard.
2.1. Every transaction between the Carrier and the Customer will be governed by these Terms and Conditions of Trade unless otherwise agreed in writing by the Carrier before the commencement of any such transactions.
2.2. If required by the customer, collection of goods can take place within the hour of confirmation of booking with the carrier, subject to location and driver availability.
2.3. Services performed by the Carrier for the Customer will be charged for on at the prices agreed and quoted via email
2.4. At the time the Customer orders any such services the Carrier will record the necessary details for job requirements. All relevant details of the job will be displayed on the subsequent invoice with any order or special reference stated by the Customer. Signature or equivalent proof of delivery will be obtained from the consignee unless alternative arrangements are made with the Customer at the time of booking due to prevailing circumstances at the point of delivery. As all orders are communicated by the Customer to the Carrier by telephone or web access, the quotation of the Customer’s account number and/or the use of his logon and password and references will be accepted by the Customer as proof that the order was made by him.
2.5. Normal working hours will be taken as 08:00 to 18:00, Monday to Friday unless a special agreement has been entered into between the parties in writing. Weekends and weekdays out of hours will be charged at tariff plus 50%. Bank Holidays will be charged at tariff plus 100% The rates will also be subject to a “fuel surcharge” based upon the oil price fluctuations. The tariff rates will be adjusted by the RPI (retail price index) on the 1st of January each calendar year.
2.6. Statements of Account will be issued by the Carrier monthly on request. Any query as to the correctness of stated charges, payments, or the calculation thereof must be made within fourteen (14) days of the receipt of invoice which will be sent electronically to the e-mail address requested by the Customer. All invoices shall be settled within 30 days from invoice date. The carrier reserves the right to apply a monthly interest surcharge to all overdue accounts calculated at 8% over the Bank of England base rate in accordance with the Late Payment of Commercial Debts (interest) Act 1998 Regulations 2002 until the debt is settled in full.
2.7. The above Terms and Conditions of Trade refer only to the conduct of Credit Accounts and the documentation arising from transactions on such accounts. They shall not be construed to alter in any way the effects of the Standard Conditions of Carriage that appear below.
3. Authority and Subcontracting
3.1. The Customer warrants that he is either the owner of the goods in any Consignment or is authorised by such owner to accept these Terms and Conditions on such owner’s behalf.
3.2. The Carrier and any other carrier employed by the Carrier may employ the services of any other carrier for the purposes of fulfilling the contract in whole or in part.
3.3. The Carrier contracts for itself and (subject to paragraph 3.4) as agent of and trustee for its servant and agents and all other carriers referred to in paragraph 3.2 above and such other carrier’s servants and agents.
3.4. Notwithstanding paragraph 3.3, the carriage of goods in any Consignment by rail, sea, inland waterway or air is arranged by the Carrier as agent of the Customer and shall be subject to the terms and conditions of the rail, shipping, inland waterway or air carrier contracted to carry the Consignment.
3.5. If the Carrier (otherwise than through the Carrier) employs or engages the services directly or indirectly of any employee or independent contractor to the Carrier whose services at any time during 12 months before then shall have previously been supplied by the Carrier to the Customer the Carrier shall be entitled to charge a fee to the Customer for the introduction of such employee or independent contractor equivalent to 15% together with Value Added Tax thereon of the final annual salary or earnings of such employee or independent contractor derived from the Carrier calculated by reference to the amount earned during the last month of employment or service and the Customer will pay the same on demand.
4. Acceptable condition of goods
4.1. All goods must be suitably and safely packaged. The carrier accepts no liability for any damage howsoever caused in the event of this condition not being complied with.
5.1. Unless the Carrier has agreed in writing to the contrary with the Customer:
5.2. The Carrier shall not be under any obligation to provide any plant, power or labour required for loading or unloading the Consignment, if these services are required they will be chargeable.
5.3. Any assistance given by the Carrier beyond the usual place of collection or delivery shall be at the sole risk of the Customer who will save harmless and keep the Carrier indemnified against any claim or demand, which could not have been made if such assistance had not been given.
5.4. Goods requiring special appliances for unloading from the vehicle are accepted only on condition that the sender had duly ascertained from the consignee that such appliances are available at the destination. Where the Carrier/Contractor is without prior arrangement in writing with the Customer, called upon to load or unload such goods, the Carrier shall be under no liability whatsoever to the Customer for any damage however caused, whether or not by the negligence of the Carrier and the Customer shall save harmless and keep the Carrier indemnified against any claim or demand which could not have been made if such assistance had not been given.
5.5.The Carrier will allow up to 15 minutes for waiting when picking up or delivering a consignment. Thereafter, the Carrier will charge the Customer for the total waiting time (including the first 15 minutes) at the operative rate. If the Carrier has to leave the collection premises and re-attend because the items for collection are not available or cannot be collected because of their size or contents then the charge for the booking is payable in full. Subsequent visits are chargeable in addition to the initial visit.
5.6. The Carrier 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 Carrier.
6. Dangerous Goods
6.1. Dangerous Goods must be disclosed by the Customer in advance and if the Carrier agrees to accept them for Carriage they must be classified, packed and labelled in accordance with the statutory regulations for the carriage by road of the substance(s) declared. Transport Emergency Cards (“Tremcards”) or information in writing in the manner required by the relevant statutory provisions or by the relevant body authorised by statute to make regulations must be provided by the Customer in respect of each substance and must accompany the Consignment.
7.1. Transit shall commence when the Carrier takes possession of the Consignment, whether at the point of collection or at the Carrier’s premises.
7.2. Transit shall (unless otherwise previously determined) end when the Consignment has been delivered to the specified place of delivery provided that:
(i) no safe and adequate access or no adequate loading facilities there exist, then transit shall be deemed to end at the expiry of one clear hour after notice by telephone of the arrival of the consignment at the Carrier/Contractor’s premises has been communicated to the consignee (or if the consignee is unavailable, the consignor): and (ii) that when for any other reason a consignment is held by the Carrier/Contractor “to await order” or “to be kept till called for” 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 Carrier, then the transit shall be deemed to end at the end of such reasonable time.
8. Proof of Delivery and Undeliverable consignments
8.1. Where the Carrier/Contractor is unable to deliver a consignment to the consignee he will take all reasonable steps to advise the Customer and obtain revised delivery instructions. The carrier will always seek to obtain a signature or other proof of delivery. In the absence of specific instructions to the contrary by the Customer the Carrier will not leave consignments where they cannot obtain proof of delivery. Consignments may be returned to the Carriers premises if the Customer cannot be contacted to obtain the necessary permission. Increased delivery charges may be incurred in this way and the consignment will be delayed.
9. Carrier’s Charges
9.1. The Carrier’s charges for carriage shall be payable by the Customer without prejudice to the Carrier’s rights against the consignee or any other person. Provided that when goods are consigned “carriage forward” the Customer shall not be liable to pay such charges unless the consignee fails to pay after a reasonable demand has been made by the Carrier/Contractor for payment thereof.
9.2. Except where the quotation states otherwise all quotations given are based on a weight charge that shall apply to the gross weight of the goods.
9.3. A claim or counterclaim shall not be made by reason for differing or withholding payment of monies payable, or liabilities incurred, to the Carrier.
(i) If you claim or counterclaim against us it will not be the reason for deferring (putting off), or withholding payment or for refusing to repay any monies due under our credit terms.
9.4. Unless otherwise indicated, all charges are quoted exclusive of any Value Added Tax, import and any other duties or taxes which may be payable.
9.5. For charging purposes, the Carrier will charge the greater of the actual weight or the volumetric weight where applicable. Volumetric weight is calculated by multiplying the length x height x breadth and dividing the resulting figure by 5000cc for Courier and Airfreight, or 3000cc for Sea freight and Road freight.
10. Liability for Loss and Damage
10.1. Subject to these Conditions the Carrier shall be liable for any loss, or mis-delivery of or damage to goods occasioned during transit unless the Carrier shall prove that such loss, mis-delivery or damage has arisen from (i) Act of God; (ii) any consequence of war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, insurrection, military or usurped power of confiscation, requisition, destruction of, or damage to property by or under the order of any government or public or local authority; (iii) seizure under legal process; (iv) act or emission of the Customer or owner of the goods or of the servants or agents of either; (v) inherent liability to wastage in bulk or weight, latent defect or inherent defect vice or natural deterioration of the goods; (vi) insufficient or improper packaging; (vii) insufficient or improper labelling or addressing; (viii) riots, civil commotion, lockouts, general or partial stoppage or restraint of labour from whatever cause; (ix) consignee not taking or accepting delivery within a reasonable time.
10.2. The Carrier shall not be liable for loss or damage to the Consignment after transit of such goods is deemed to have ended within clause 7 above, whether or not caused or contributed to. Directly or indirectly by any, act neglect, omission or other wrongdoing on the part of the Carrier.
10.3. The Carrier shall not incur liability of any kind in respect of a consignment where there has been fraud on the part of the Customer or the owner of the goods or the servants or agent of either in respect of that consignment.
Items excluded from liability
10.4. The carrier does not accept any liability for the following items when in transit unless special arrangements have been agreed in writing in advance between the carrier and the Customer: antiques, blank travellers cheques, bonds, bullion, cash/currency, cut flowers, dangerous goods, firearms/weapons, foodstuffs, glass, human remains, ivory, jewellery, liquids, livestock, negotiable stocks, perishables, plants, pornography, precious stones, seeds, shipside spares, works of art.
11. Limitations of liability
11.1. Subject to these Conditions the liability of the Carrier in respect of any one consignment shall in any case be limited.
11.2. Where the loss or damage however sustained is in respect of the whole of the consignment to a sum of £250.00. (Special insurance can be arranged immediately on request).
11.3. Motorcycles have secure panniers and artwork bags for the safe transit of goods. Where the customer requests a bike to carry a consignment too large to be carried in the aforementioned containers the customer does so at his own risk. (Sizes of carrying capacity are available on request.)
11.4. Where loss or damage however sustained is in respect of part of a consignment to the proportion of the sum ascertained in accordance with 11.1. of this condition which the actual value of the whole of the consignment.
11.5. 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;
(i) The Carrier shall be entitled to require proof of the value of the whole consignment
(ii) Any liability incurred hereunder shall be subject to Clause 7(1) hereof.
12. Time limit for claims
12.1. The Carrier shall not be liable for:
12.2. Loss of a parcel, package or container from an unpacked Consignment or for damage to Consignment or any part of a Consignment unless it is advised thereof in writing otherwise than upon a consignment note or delivery document within 24 hours of the termination of transit and the claim giving details of quantum and the circumstances of any loss is made in writing within 7 days after the termination of transit as determined above.
12.3. Loss or misdelivery or non-delivery of the whole of the Consignment or any separate parcel, package or container forming part of a Consignment unless the Carrier is advised of the loss, misdelivery or non-delivery in writing, otherwise than upon a consignment note or other delivery document within 24 hours and the claim giving details of quantum and the circumstances of any loss is made in writing within 7 days after the termination of transit as determined above.
13. Indemnity to the Carrier
13.1. The Customer shall indemnify the Carrier against:
13.2. All consequences 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) of any error, omission, misstatement or misrepresentation by the Customer or other owner of the Consignment.
13.3. All claims and demands whatsoever made in excess of the liability of the Carrier under these Terms and Conditions.
13.4. 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 by the Carrier of Dangerous Goods whether or not declared by the Customer
13.5. All claims made upon the Carrier by HM Customs and Excise in respect of dutiable goods consigned in bond whether or not transit has ended or been suspended
14.1. No insurance cover for Goods will be arranged by the Carrier unless a written request is received by the Carrier from the Customer prior to the Carrier accepting the Goods for conveyance.
14.2. No insurance cover for Goods shall be deemed or assumed to have been arranged by the Company unless and until written confirmation of the insurance cover arranged by the Company for the Customer is received by the Customer and any such cover shall be effective from the date stipulated on such insurance cover and shall be subject to the terms of the insurance policy.