Terms & Conditions of Trading
THRASOS SOLUTIONS LIMITED T/A THRASOS LOGISTICS Unit 4 Wheatley Business Park, Lowmoor Road, Kirkby-in-Ashfield, Nottinghamshire, NG17 7JE
(Hereinafter referred to as “the carrier”)
1. Definitions In these conditions:
a. “Customer” refers to the person or company who contracts for the services of the Carrier
b. “Contract” refers to the contract and/or confirmation of carriage between the Customer and the Carrier
c. “In writing” refers to, specifically, the transmission of information by email only
d. “Freight” refers to all goods/items transported (or Contracted to be transported or in transit)
a. A Contract is only considered as confirmed whereby the Customer has received, in writing, reiteration of all details from the Carrier.
b. Should the Customer need to cancel a Contract, this should be done at the earliest feasible opportunity by telephone and confirmed in writing.
c. Whereby Contract is cancelled, the Customer agrees to accept and pay an invoice from the Carrier for cancellation charges as stipulated in the Carrier’s schedule of pre-agreed charges.
d. Whereby a Contract is confirmed by the Customer for a vehicle type that is then deemed unsuitable for the loading of freight (i.e.: vehicle is too small), the Contract will be considered by the Carrier as cancelled and cancellation charges will be levied.
e. Upon the vehicle arrival for the collection or delivery of Freight by the Carrier, time taken either waiting to be un/loaded or actually being un/loaded is subject to being chargeable for demurrage as stipulated in the Carrier’s schedule of pre-agreed charges.
f. Should no facility exist to unload Freight (once a vehicle has arrived at a destination) (for example if a business has closed) or there be no safe access to the location, the following will occur:
i. Where instructed to wait by the Customer, waiting time charges will be levied whilst a waiting period is in place (to a pre-agreed timescale and thereafter the Freight will be returned to the sender and charged at the equal rate of the outbound carriage under a new Contract)
ii. Where instructed to by the Customer divert to a new location or return the goods to their original point of collection, an extension to the original Contract will be made and confirmed by the Carrier for additional charges
g. All prices quoted in any documentation issued by the Carrier are assumed to be net of VAT unless otherwise stated.
3. Customer obligations The Customer is obliged to:
a. Ensure that the details confirmed for any Contract are correct
b. Ensure that suitable un/loading facilities are provided at all points of collection and delivery, noting that the Carrier is under no obligation to provide and plant, power or labour unless pre-agreed in writing
c. Ensure that Freight is suitably packaged for transit to prevent damages
d. Provide the Carrier with any relevant documentation that is required to be signed by the recipient confirming receipt of freight
e. Provide reasonable access for the Carrier to assess suitability and safety at any locations of loading or unloading.
f. Notify the Carrier in advance of the agreement of any Contract should the Freight contain glass and subsequently ensure that the Freight is suitably labelled prior to loading.
g. Notify the Carrier in advance of the agreement of any Contract of any Freight that (might be or) are Dangerous Goods (as defined by the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR)).
4. The Carrier reserves the right to:
a. Employ the services of any other carrier for the purpose of fulfilling the Contract in whole or in part. In this event, these Terms & Conditions are not altered in any form and the Contract still wholly exists between the Customer and the Carrier only.
b. Cancel any contract (with full charges levied), whereby it is deemed that Freight is unsafely packaged, dangerous or where there is unsuitable access or un/loading facilities.
c. Re-charge to the Customer, in addition to the Contract (unless pre-agreed to be included), additional charges incurred by the Carrier in the course of a vehicle’s journey such as, but not limited to, road tolls and London Congestion Charging.
d. Withdraw credit facilities (where granted) and/or terminate or suspend Contract where the terms of credit have been breached by the Customer.
e. Place Freight into storage and levy charges for such facility, where delivery could not be completed (reference section 2.f) and further instruction could not be obtained from the Customer.
f. With notice, destroy any Freight placed into storage (reference section 4.e) that is not collected or removal arranged of within a reasonable or agreed timeframe.
g. Request to learn from the Customer, the cash value of the Freight being carried under any contract.
h. Re-load Freight onto an alternative vehicle at any stage of the journey where necessary.
i. Apply index-based fuel surcharges (notified in writing to the Customer) to any previously agreed Contract, in advance of Contract commencement where there has been a significant increase in the cost of Diesel.
j. Disclose information about the Customer to banking, financial or legal service suppliers.
5. Liability for Loss & Damage
a. The Carrier remains liable for physical loss and/or damage whilst in transit; and/or mis-delivery, for Freight under the provision that the following conditions are met:
i. The Freight is not any of the following: living creatures, bullion, money, securities, stamps, precious metals or precious stones; unless expressly agreed in writing by the Carrier in advance.
ii. Physical loss, damage or mis-delivery has not occurred as a consequence of:
1. An act of God, Force Majeure;
2. War, civil war, invasion, act of terrorism, damage or destruction by or under the order of any government or public or local authority;
3. Riot, civil commotions, strike, restraint of labour however caused;
4. Seizure or forfeiture under legal process;
5. Insufficient or improper packaging, labelling or addressing
6. Inherent liability to wastage in bulk or freight, faulty design, inherent defect, natural deterioration or perishing
7. Delivery not being accepted within a reasonable timeframe
8. Being returned or entered into storage (reference paragraphs 2.f & 4.e)
9. Inspection of Freight by a Police Officer, HMRC, VOSA or any other representative of a Government or Local authority.
b. Conditions of claims
i. The Customer must notify the Carrier within seven calendar days of any claim.
ii. The Customer must have sufficient proof that damage or loss was caused by the Carrier.
iii. The Customer must have fully complied with all other Terms & Conditions.
c. Limitation of Liability
i. The Carrier shall be liable to reimburse to the Customer the lesser of
1. The (manufacturing) value of the Freight
2. The cost of repairing any damage or of reconditioning goods;
3. A sum calculated at the rate of 1300.00 GBP per tonne on the gross weight of the Freight lost or damaged.
ii. The minimum amount liability shall be no less than 10.00 GBP
iii. The Customer shall give no less than seven days’ notice of request to the Carrier, prior to the engagement of a Contract where the limitation of liability should be increased above £1300.00 per tonne. Note is given that this is a request only and should the limitation not be possible, this will be confirmed by the Carrier in writing to the Customer and the standard maximum liability shall revert to £1300.00 per tonne.
d. The Carrier shall not be liable for any claim relating to the loss of time due to vehicle delay. All Contracts shall be pre-agreed that delivery will be as soon as reasonably possible from the point of collection unless otherwise stipulated.
e. The Carrier shall not in any circumstances be liable where there has been fraud on the part of the Customer, the owner or the sender of the Freight, or by any of their servants or agents in respect of the Contract unless the fraud has been contributed to by the Carrier or any servant acting in the course of their employment.
6. Indemnity to the Carrier The Customer shall indemnify the Carrier against:
a. All liabilities and costs incurred by the Carrier (including but not limited to claims, demands, proceedings, fines, penalties, damages, expenses and loss of or damage to the carrying vehicle and to other goods carried) by reason of any error, omission, mis-statement or misrepresentation by the Customer; or by insufficient or improper packaging, labelling or addressing of the consignment.
7. Credit Accounts & Terms
a. The Carrier shall only offer any credit facility upon receipt from the Customer of a Credit Account Application Form and being satisfied by appropriate credit checks.
b. Terms of credit shall be confirmed by the Carrier to the Customer upon approval of a credit facility request, however, the Carrier reserves the right to amend these terms with seven days’ notice in writing.
c. The Carrier reserves the right to: apply a 5.00GBP surcharge to the Customer’s credit account for payments received by Cheque or cash; apply a 5% (of payment value) surcharge for payments made by credit/debit card.
d. Whereby the Customer is in breach of the terms of credit granted in respect of late payment, the Carrier reserves the right to:
i. Charge interest on aged debt under the terms of [the] Late Payment of Commercial Debts (Interest) Act 1998.
ii. Refer the debt to a third-party debt collector, where the Customer shall by liable for any additional costs incurred by this.
iii. Withdraw previously agreed credit terms without notice.
iv. Make a demand for proforma payment in advance of any Contract being fulfilled.
v. Sell any Freight being stored, held in trust or in transit on behalf of the Customer in order to settle the debt.
8. Law & Jurisdiction Unless otherwise agreed in writing, the Contract, any dispute thereof and these Terms & Conditions shall be governed by English law and shall be subject to the jurisdiction of the English courts alone.