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STANDARD CONDITIONS OF TRADING FOR DYNAMIC DESPATCH LTD ("the carrier")
In these terms and conditions the following words and phrases shall have the following meanings
means the collection, holding, transportation and delivery undertaken with regard to a Consignment;
means Dynamic Despatch Ltd and any of its employees, servants, agents or sub-contractors;
means an individual or company which offers its carriage services to the general public;
means the person or company who contracts for the services of the Carrier;
means goods (whether in one or a number of packages) collected by the Carrier for delivery to a single address;
means the agreement entered into between the Customer and the Carrier for the Carriage of the Consignment;
means all goods listed in the Approved Carriage List published by the Health and Safety Commission and includes without limitation explosives, radioactive material, any substance likely to cause disease, vermin, pests and any other goods presenting a similar hazard or which we consider to be dangerous;
“Dedicated Vehicle Service”
means direct transportation of a Consignment from collection to delivery using one vehicle.
means the Carriage of a Consignment to an overseas destination by a non-dedicated vehicle also carrying other Customers’ Consignments.
means a next day delivery service where the Consignment will be carried by a non-dedicated vehicle also carrying other Customers’ Consignments.
any goods or materials the carriage of which is prohibited by any law, rule or regulation of any country in or over which the Consignment travels;
means the Dynamic Despatch Ltd website located at www.dynamicdespatch.co.uk
(a) The Carrier is not a Common Carrier and accepts goods for Carriage only upon that condition and the conditions set out below.
(b) These terms and conditions apply to all bookings made by the Customer to the Carrier whether by telephone, email, facsimile or online via the Carrier’s Website.
(c) These terms and conditions govern the Carrier’s Carriage of goods by road, air or sea and apply to both Dedicated Vehicle, Overnight and International Services.
(d) Every Consignment is carried on a limited liability basis as provided in clause 15.
(a) The Carrier may subcontract all or any part of the Contract of carriage to any of its affiliates, employees, agents or independent contractors.
(b) The Carrier shall remain liable to the Customer to the extent set out in these terms and conditions for the performance of any sub-contractor.
(c) Any sub-contractor or agent of the Carrier shall be entitled to rely on and enforce any of the provisions of these conditions as if it were a party hereto in the place of the Carrier.
(d) No sub-contractor, agent or employee has the authority to vary these conditions
(a) The Carrier may provide the Customer with a quotation for the Carriage of the Consignment at the time of booking. All quotations will be calculated in accordance with the distance in miles, gross weight, type of vehicle and the type of service requested including but not limited to Dedicated Vehicle, Overnight or International Services. The Carrier shall decide the route and method by which to transport the Consignment.
(b) The Customer shall notify the Carrier when booking any of the Carrier’s services of any special instructions and in particular whether the Consignment includes Dangerous, valuable or important goods or goods of a perishable nature.
(c) The Customer accepts that the Carrier will NOT carry Prohibited Goods.
(d) The Customer shall notify the Carrier at the time of booking if the value of the Consignment exceeds £15,000 (sterling).
(e) The Carrier will endeavour to ensure that its Website shall be available 24 hours a day for the Customer to make bookings online but shall not be liable if for any reason the Website is unavailable at any time or for any period. The Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Carrier's control
5. Dangerous Goods
The Carrier will only consider accepting Dangerous Goods for Carriage PROVIDED the customer has first given the carrier a full declaration of their nature and contents and after the Customer has had them properly and safely packed and labelled in accordance with any statutory or other regulations for the time being in force for their transport by road, sea or air.
6. Valuable and Important Consignments
(a) Dedicated Vehicle Services
The Carrier will only consider accepting valuable goods such as coin, precious stones, precious metals, jewellery, antiques, pictures, unprotected furniture, glass or china and important documents such as passports, tenders, share and option certificates for Dedicated Vehicle Carriage services provided they are properly declared at the time of booking and that they are insured for Carriage (either through the Carrier or independently arranged by the Customer). The goods must also be safely secured, packed and labelled for Carriage.
(b) Overnight and International Services
The Carrier will not accept or deal with valuable or important goods as described in clause 6 (a) for Overnight and International Carriage services. If the Customer nevertheless provides such Consignments to the Carrier for these services, it shall be at its own risk.
(a) The Customer is responsible for arranging its own insurance cover for International Carriage Services.
(b) The Customer is responsible for arranging its own insurance cover for any Consignment which is to be held by the Carrier overnight.
(c) The Customer is responsible for arranging its own insurance cover for the Carriage of any Consignment exceeding the value of £15,000.
(d) The Carrier may agree to arrange insurance for the Customer upon request. Insofar as the Carrier agrees to arrange insurance, the Carrier acts solely as an agent for the Customer using its best endeavours to arrange such insurance which shall be subject to the terms of the insurance policy. The Customer shall be responsible for payment of the premium.
(e) It is the Customer’s responsibility to either seek insurance coverage through the Carrier (where available) or make its own insurance arrangements if it is not satisfied with the level of the Carrier’s liability under these conditions. Full details of the Carrier’s insurance policy will be given upon request.
8. Collection, Transit and Delivery
(a) When collection or delivery takes place, the Customer will provide or arrange for the provision of all plant power or labour required to load or unload the Consignment.
(b) The Carrier reserves the right to refuse the Carriage of any goods at its discretion and to inspect any Consignment.
(c) The Carrier will use all reasonable efforts to deliver within the time given for delivery. Time will only be of the essence if this is specifically agreed between the parties on booking.
(d) In the event that the Carrier’s vehicle or driver is delayed at the loading or delivery premises in excess of 15 minutes, the Carrier may charge the Customer its reasonable additional charges in respect of such delay.
(e) The Customer appoints the Carrier as its agent solely for the purpose of clearing and entering the Consignment through customs.
(f) The Customer shall arrange for the Consignment to be carefully checked immediately upon receipt by the recipient of the Consignment.
(g) Following delivery, the Customer may request proof of delivery of a Consignment and the Carrier shall provide this in either paper or electronic format.
9. Undelivered or Unclaimed Goods
(a) Where the Carrier is unable to deliver a Consignment and the Consignment is not claimed by the Customer or its agent within 28 days of notice of such non-delivery served on the Customer the Carrier shall have the right to sell the undelivered Consignment as if the Carrier were the absolute owner and pass unencumbered title to the purchaser.
(b) Payment or tender of the proceeds of the sale to the Customer after the deduction of all the Carrier’s reasonable charges and expenses and all outstanding charges in relation to the Carriage shall discharge the Carrier from all liability in respect of the Carriage and storage of the Consignment.
The Carrier reserves the right to charge the Customer in full for any of its booked services that are cancelled within 60 minutes prior to collection.
11. Customer Warranties and Obligations
(a) The Customer warrants that:
(i) He is the owner of the Consignment or he has the authority of the owner to accept these conditions on the owner’s behalf.
(ii) The Consignment will be safely securely and properly packed and labeled, will be fit and safe to be carried or stored and will comply with all statutory or other regulations for carriage by road, air or sea and for mechanical handling and sorting as may be in force from time to time.
(iii) The contents of the Consignment have properly been described.
(iv) The full delivery address including the postcode has been provided to the Carrier.
(b) The Customer will pay the Carrier’s charges as provided in clause 12.
12. Carrier’s Charges
(a) The Customer will pay the Carrier’s charges calculated in accordance with the distance in miles, gross weight, type of vehicle and the type of service requested including but not limited to Dedicated Vehicle, Overnight or International Services.
(b) The Carrier reserves the right to charge the Customer for storage of the Consignment if this is required or becomes necessary.
(c) For Overnight Services, the Carrier charges for any Consignment that exceeds 0.042 cubic metres per 10 kilos will be calculated at a notional weight of 6.6 kilos per 0.028 cubic metre.
(d) The Customer will pay the Carrier’s charges together with VAT (unless this is expressly included in the charges quoted by the Carrier) and any customs duties or similar taxes no later than 30 days following the date of invoice.
(e) All queries in respect of an invoice must be made within 7 days of the date of the invoice otherwise it will be deemed to have been accepted and will be payable in full by the Customer.
(f) If the Customer fails to pay the Carrier any sum due pursuant to these terms and conditions, the Customer will be liable to pay interest to the Carrier on such sum from the due date for payment at an annual rate of 8% above the base lending rate of the Bank of England from time to time accruing on a daily basis until payment is made in full (whether before or after any judgement).
13. Carrier’s Lien
(a) The Carrier shall have a general lien on any Consignment, where the Customer is the owner of the Consignment, for any monies whatever due from the Customer to the Carrier.
(b) If the monies due are not paid to the Carrier within 14 days of their falling due the Carrier shall have the power to sell the Consignment and supply the proceeds of the sale towards the monies due and any reasonable expenses of sale.
14. Indemnity to the Carrier
The Customer shall indemnify the Carrier against:
(a) All liabilities and costs incurred by the Carrier by reason of any error, omission, mis-statement or misrepresentation by the Customer (or its servant or agent), insufficient or improper packing, labeling or addressing of the Consignment or fraud.
(b) claims made against the Carrier where there has been fraud on the part of the Customer.
(c) claims made against the Carrier caused by or arising out of the Carriage of Dangerous Goods, Prohibited Goods or any other excluded goods.
(d) claims made upon the Carrier by HM Customs and Excise in respect of dutiable goods consigned in bond and any other goods seized whether or not the Carriage has ended or been suspended.
15. Limitation of Carrier’s Liability – (THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION)
(a) Nothing in these terms and conditions shall operate to exclude or limit the liability of either party for death or personal injury caused by either party’s negligence.
(b) The Carrier accepts no liability for any indirect or consequential loss or damage, or for any loss of data, profit, reputation, revenue, opportunity or business (whether direct or indirect) in each case, however caused, even if foreseeable.
(c) The Carrier will not be liable for any loss, damage, delay, mis-delivery or undelivery arising from:
(i) circumstances beyond the Carrier’s control;
(ii) the Carriage of tender documents, important documents and time critical Consignments;
(iii) any act or omission of the Customer or those for whom he contracts or of the servants or agents of either;
(iv) the inadequate or improper packing of the whole or part of the Consignment;
(v) the insufficient or incorrect labelling or addressing of the Consignment;
(vi) any inherent liability to wastage in bulk weight, latent defect or inherent defect, vice or natural deterioration of the Consignment;
(vii) the Consignee not accepting delivery within 28 days of the service on the Customer of the Carrier’s notice of non-delivery.
(viii) national or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery;
(ix) any act of God including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost;
(x) force majeure including (but not limited to) any consequence of war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, insurrection, military or usurped power or confiscation, requisition, destruction of or damage to property or under the order of any governmental or public or local authority;
(xi) any seizure under legal process;
(xii) any marine risks;
(xiii) any riots, civil commotion, lockouts, general or partial stoppage or restraint of labour from whatever causes;
16. Monetary Limit of Carrier’s Liability
(a) Subject to conditions set out above the liability of the Carrier in respect of any one Consignment shall be limited to the lower of:
(i) an amount calculated (by reference to the actual gross weight of the consignment and packaging) in accordance with the following formula:-
£10 per kilo up to a maximum of 1000 kilos per consignment subject to a minimum of £10, or
(ii) the cost value of the Consignment to the Customer, or
(iii) in the case of damaged goods the cost of repair of such goods.
(b) In the event that part only of a Consignment is lost, damaged or misdelivered the liability of the carrier shall be limited to the lower of:
(i) that amount which bears the same proportion to the amount calculated in accordance with sub clause 16(a) above as the actual value of the lost damaged misdelivered part of the Consignment bears to the actual value of the whole of the Consignment, or
(ii) the cost of repair of any damaged part.
(c) The Customer may, at his option, extend the liability of the Carrier beyond the above limits for any Consignment by payment of a supplementary charge as determined by the Carrier.
(d) In the event of the Carrier failing to meet the level of service selected by the Customer (except where this failure falls within clause 15c above) credit will be allowed for the difference between the quoted charge for the guaranteed service and the quoted charge for the actual service provided.
17. Claims Procedure
(a) The Carrier must be notified in writing of any loss, damage, misdelivery, delay or shortage of, to, or from any Consignment within 7 days after the termination of transit, otherwise the Carrier reserves the right to reject any claim.
(b) The Carrier will assume the Consignment was delivered in good condition unless the receiver has noted any damage on either the Carrier’s consignment note or electronic device when he or she accepted the Consignment.
(c) The Carrier will only consider a claim for damage following inspection of the contents of the Consignment and the original packaging or where this is not possible, photographic evidence must be supplied.
(d) The Customer shall at the Carrier’s request provide evidence of the cost and actual values of the Consignment (and the part of the Consignment in respect of which any claim is made).
18. Governing Law
These terms and conditions shall be governed in all respects with English Law and both the Customer and the Carrier submit to the exclusive jurisdiction of the English Courts.
(a) An entity which is not expressly a party to the contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these conditions and the provisions of the Contracts (Rights of Third Parties) Act 1999 shall be expressly excluded from the Contract.
(b) The Contract constitutes the entire agreement between the parties and supersedes all prior agreements, representations and understandings relating to the subject matter of the Contract.
(c) Nothing in these terms and conditions shall exclude or limit the liability of either party in respect of fraudulent misrepresentation.