Abby Logistics Ltd accepts goods for carriage subject to these Terms and Conditions (“the Conditions”) and each Condition shall be deemed to be incorporated in and to be a condition of any agreement between Abby Logistics Ltd and the Customer. No agent of or person employed by or under contract with Abby Logistics Ltd has any authority to alter or vary in any way the Conditions unless he is first expressly authorised in writing by Abby Logistics Ltd to make the particular alteration or variation.
In the Conditions the following expressions shall have the following meanings:
(a) “Abby Logistics Ltd” means and (unless the context otherwise requires) includes Abby Logistics Ltd, its servants or agents and any person or persons carrying goods under any contract with Abby Logistics Ltd.
(b) “Customer” means any person who contracts for the services of Abby Logistics Ltd and includes the Customer’s servants or agents.
(c) “Package” means an outer container containing either unpacked items or any number of smaller containers.
(d) “Consignment” means one or more Packages collected by Abby Logistics Ltd from one or more addresses and carried by Abby Logistics Ltd together (in the case of more than one Package) in one load, in one vehicle from one Customer to one Or more addresses. (e) “Excepted Goods” means
- Dangerous goods as defined by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 and
- Goods which though not included in (1) above are of a kindred nature and
- Bills of Exchange, promissory notes, money, securities for money, stamps, precious stones,jewellery and bullion.
(f) “Contract” shall mean the contract of carriage between the Customer and Abby Logistics Ltd.
2. CARRIER IS NOT A COMMON CARRIER
Abby Logistics Ltd is not a common carrier and will accept goods for carriage only subject to the conditions.
3. PARTIES AND SUB-CONTRACTING
(a) Every Customer entering into a Contract shall be deemed to be either the owner or the duly authorised agent of the owner of every Consignment and every constituent part thereof to which the Contract relates as regards the making of the Contract, the acceptance of the Conditions and all matters of every nature arising there from and shall also be deemed to be authorised to accept the Conditions on behalf of all other persons who are or may thereafter become interested in the subject matter of the Contract.
(b) Abby Logistics Ltd reserves the right at its absolute discretion to fulfil any Contract either in whole or part by its own servants or agents or by employing or instructing or entrusting the fulfilling thereof either in whole or in part to others.
(c) Abby Logistics Ltd makes the Contract on its own behalf and as agent for any other person who is entrusted to fulfil the Contract under clause 3 (b) above. Any such person shall be entitled to the benefit of the Contract and shall be under no liability whatsoever to the Customer or anyone claiming through or under him in respect of the subject matter thereof otherwise than in accordance with the Conditions.
4. EXCEPTED GOODS
Abby Logistics Ltd does not accept Excepted Goods for carriage. Should Abby Logistics Ltd receive from any Customer items for carriage, which are Excepted Goods, the Customer:
(a) Shall have no claim whatsoever under or pursuant to these Conditions in respect of the carriage of those Excepted Goods.
(b) Shall indemnify Abby Logistics Ltd against any loss, damage or injury however caused arising out of the carriage of those Excepted Goods.
5. CONSIGNMENT NOTES
Abby Logistics Ltd will if required sign a document prepared by the Customer or other person delivering a Consignment to Abby Logistics Ltd for carriage and acknowledging the receipt thereof but no such document shall be evidence of the condition or of the correctness of the declared nature, quantity or weight of the Consignment or any constituent Package at the time it is received by Abby Logistics Ltd.
(a) Transit shall be deemed to commence when the Consignment is handed to Abby Logistics Ltd whether at the point of collection by Abby Logistics Ltd or at Abby Logistics Ltd.’s premises.
(b) Transit shall (unless otherwise previously determined) end when the Consignment is (as the case may be) collected by or on behalf of the Customer from Abby Logistics Ltd.’s premises or tendered at the usual place of delivery at the consignee’s stated address within the customary cartage hours of the district provided that:
(1) If the access is unsafe or inadequate or unloading facilities are inadequate then transit shall cease within one full day after written notice (or telephone notice if previously agreed in writing) of the arrival of the Consignment at the premises of Abby Logistics Ltd has been sent to the consignee.
(2) When for any other reason whatsoever a Consignment cannot be delivered or when a Consignment is held (otherwise than under a contract which envisages such storage) by Abby Logistics Ltd “to await order” or “to be kept until called for” or upon any like instructions then transit shall be deemed to end when such instructions are fulfilled or at the expiry of seven days from the date on which the Consignment was first delivered to Abby Logistics Ltd (whichever shall first occur).
(3) When transit has ended Abby Logistics Ltd shall be entitled to store the goods at the sole risk of the Customer and shall not be liable for any loss of or damage to the Consignment unless it is proved that such loss damage was caused by the wilful misconduct of Abby Logistics Ltd. In addition Abby Logistics Ltd shall be entitled to recover reasonable storage charges from the Customer.
(c) Subject to express instructions given by the Customer, Abby Logistics Ltd reserves to itself absolute discretion as to the means, route and procedure for any transit and in the handling storage and transportation of any Consignment. Further if in the reasonable opinion of Abby Logistics Ltd it is at any stage necessary or desirable in the Customer’s interests to depart from express instructions, Abby Logistics Ltd shall be at liberty to do so.
7. EXCLUSIONS OF LIABILITY
(a) IN NO EVENT SHALL ABBY LOGISTICS LTD BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGE OR OTHER INDIRECT LOSS, however arising, including but not limited to, loss of business, income, profits, interest, utility, loss of a market or other commercial or financial losses, whether or not Abby Logistics Ltd had knowledge that such damage might be incurred.
- (b) Abby Logistics Ltd will try to take all necessary steps to effect the prompt delivery of all Consignments but WILL NOT BE LIABLE FOR DELAY IN COLLECTING, CARRYING OR DELIVERING ANY CONSIGNMENT UNDER ANY CIRCUMSTANCES.
- (c) Without prejudice to the foregoing Abby Logistics Ltd shall not be liable for any loss, non-delivery or misdelivery of or damage to a Consignment or any part thereof, which arises from:
- Wear and tear, moths, vermin, depreciation, delay or natural deterioration.
- Act of god,force majeure,earthquake,war,invasion,act of foreign hostilities(whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power, riot,strike, or civil commotion.
- Ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel.
- Radioactive toxic explosive or other hazardous properties of any explosive nuclearassembly or nuclear component thereof.
- Pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonicspeeds.
- Seizure under legal process.
- ActoromissionoftheCustomer,consigneeorowneroftheConsignmentoroftheservantsoragents of any of them.
- Insufficient or improper packing.
- Insufficient or improper labelling or addressing.
- 10.Theft, pilferage or any attempt thereat from any unattended vehicle
11.Consignee not taking or accepting delivery within a reasonable time.
12.Fraud on the part of the customer, the consignee or the owner of the consignment or any part thereof or the servants or agents of any of them in respect of the Consignment.
13.Abby Logistics Ltd cannot be held responsible for the storage and return of any proofs of delivery.
8. LIMITATION OF LIABILITY
- The liability of Abby Logistics Ltd shall not exceed the value of any loss of or damage to the Consignment or a sum at the rate of £2000 sterling per tonne of the gross weight of the goods affected (whichever is the lesser).
- The liability of Abby Logistics Ltd for any indirect or consequential losses whatsoever (including for delay) shall not exceed the claimant’s proved loss or the amount of the carriage charges of Abby Logistics Ltd in respect of the goods affected (whichever is the lesser).
- Clause 8 is without prejudice to Clause 7 (a)
9. TIME LIMIT FOR CLAIMS
- Any claim made against Abby Logistics Ltd must be in writing and be received (otherwise than upon a consignment note or a delivery document) at the registered office of Abby Logistics Ltd within 7 days after the transit ends. No claims may be made against Abby Logistics Ltd outside that time limit.
- Any legal proceedings hereunder must be brought by the customer within nine months after the transit ends. No legal proceedings may be brought against Abby Logistics Ltd outside the time limit.
- No claim will be considered until all charges owed to Abby Logistics Ltd are paid.
The customer shall indemnify Abby Logistics Ltd against any claims and demands (by whom so ever made) which exceed the liability of Abby Logistics Ltd under these Terms and Conditions or which arise from any act or default by the Customer or owner of the Consignment (or their respective servants or agents).
Abby Logistics Ltd shall have a general Lien on the consignment and documents relating to it for all sums due at any time from the Customer or from the owner and shall on 28 days notice in writing be entitled to sell or dispose thereof and to apply the proceeds towards the payment of the indebtedness. Abby Logistics Ltd shall be entitled to deduct from such proceeds the costs of storage incurred during the period of exercise of the lien and the costs of sale or disposal, and upon accounting for any balance after payment of all sums due to Abby Logistics Ltd shall be discharged of all liability whatsoever in respect of Consignment and documents.
12. CARRIERS CHARGES
- Abby Logistics Ltd.’s charges for carriage shall be payable by the Customer without prejudice to Abby Logistics Ltd.’s rights against the consignee or any other person, save that when goods are consigned “carriage forward” the customer shall not be required to pay such charges unless the consignee fails to pay after a demand has been made by Abby Logistics Ltd for payment thereof and payment has not been made within a reasonable period.
- A claim or counter-claim shall not be made the reason for delaying or withholding payment of monies payable or liabilities incurred to Abby Logistics Ltd.
- All sums shown to be due to Abby Logistics Ltd on its invoices sent to the Customer shall be paid to Abby Logistics Ltd immediately when due.
- All credit accounts are rendered weekly and are subject to settlement within 30 days of the date of invoice. Where payment is not received within that period Abby Logistics Ltd reserves the right to impose a surcharge on all outstanding balances at the rate of 3% per month.
- A fee payable to Abby Logistics Ltd by the client for an introduction resulting in an engagement is the amount of £3,900. This is enforceable up to 12 months after a driver has left Abby Logistics Ltd.