Terms and Conditions
1. DEFINITIONS
‘Us, Our, or We’ means EasyFreight of 7 Trellewelyn Cl, Rhyl LL18 4NF and/or any sub-ordinate office.
‘Account’ means a customer account registered with us containing customer-specific information, including but not
limited to a customer’s name, contact information, payment card / banking details and Booking history.
‘Account Booking’ means a Booking made by a customer with an Account.
‘Non-Account Booking’ means a Booking made by a customer without an Account.
‘Booking’ means an instruction made to us for the carriage of a consignment placed by a customer with us during any face to face discussion or via telephone, email, text or fax.
‘Conditions’ means these conditions of carriage, which shall form the contract of carriage between the customer and us.
‘Consignee‘ means the person to whom we deliver the consignment.
‘Consignment‘ means goods or property or any parcel(s), package(s), container(s) or envelope(s) including any paper(s)
and document(s), to be delivered by us for the customer to the Consignee.
‘Journey’ means the carriage of goods between the collection address and the delivery address.
‘Customer’ means the person who contracts for the services of us.
‘Valuable Goods’ means any goods which may be carried by us pursuant to clause 4.0 which shall include any goods whatsoever that we may at our sole discretion deem to be valuable.
‘Prohibited Items’ shall have its usual meaning ascribed to it.
‘Website’ means our website located at http://www.easy-freight.co.uk and any sub-pages.
‘Working Day’ means any day other than a Saturday or Sunday or a public or bank holiday in England and Wales.
2. GENERAL PROVISIONS
2.1 EASY FREIGHT provide a total consignment service to our customers, this can include but is not limited to the carriage of consignments, a booking service, account management, tracking of deliveries, reporting of
deliveries, as well as other features agreed between us and it’s customer from time to time. The customer agrees that for the carriage element of its service, we may, at our discretion engage an approved employee, agent or subcontractor.
2.2 We are not a common carrier and we accept at our sole discretion the carriage of consignments subject only to these Conditions. These terms shall not be changed nor superseded unless agreed in writing by a Director of Urgent Things. No employee, agent or subcontractor of us is authorised to alter or vary in any way whatsoever these Conditions.
2.3 The customer acknowledges and agrees that the Conditions excluding or restricting any liability of us are reasonable and the customer confirms that it has full power and authority to enter into and perform its obligations under these Conditions.
3. THE CONSIGNMENT
3.1 Every Booking by the customer with us shall be confirmed and submitted by the customer to us via telephone, email, text or fax.
3.2 We shall provide the customer with a quotation for the carriage of the consignment in question and shall provide written quotations to the customer upon request. The quotation shall be based on the distance from the collection address to the delivery address.
3.3 All Bookings are subject to acceptance by us and we reserve the right to refuse to accept any Bookings. All Bookings are subject to and governed by these Conditions, shall be deemed to be a separate and independent contract and we reserve the right to amend any Booking at any time upon notice to the
customer.
3.4 The contract between the customer and Carrier in respect of any Booking (the “Contract”) will be formed only when we confirm acceptance of the Booking.
3.5 We shall, as soon as is reasonably practicable attempt delivery of the consignment. If we are prevented or are unable to deliver the consignment due to premises being closed or authorised persons not present, then, pursuant to clause 3.5.1, the customer may, at its discretion, elect to have the consignment returned to the customer’s premises, to deliver (at additional cost) to a different location, or to have us wait (at additional charge) until the premises open or an authorised person is available to accept delivery.
3.5.1 Additional charges (including, without limitation, time charges for waiting and/or loading) may be imposed by us (and the customer shall pay such charges) if we are prevented from performing our obligations under these Conditions by reason of the acts and / or omissions of the customer.
3.6 The consignment shall be delivered to the address specified by the customer at the time of Booking unless a variation has been agreed with us.
3.7 We reserve our right to vary our charges following any variation of the delivery address by the customer.3.8 All quotations for our charges are calculated in accordance with the length of the journey for the shipment and the vehicle required to undertake that journey. Further details of our charges are available upon request.
4. DELIVERY
4.1 The customer agrees to ensure that the consignment is labelled with the correct address and postcode and is secure, properly packed and is labelled in accordance with good practice and any applicable statutory requirements and is fit and safe to be carried, stored and transported by road. The customer agrees that any additional mileage involved in the delivery due to incorrect delivery information shall be charged at our standard rate.
4.2 We will use all reasonable efforts to collect and deliver the consignment within the times specified for collection and delivery by us when confirming a Booking but unless otherwise agreed these are estimates only unless expressly agreed.
4.3 Unless we have otherwise agreed in writing with the customer, we 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 us.
4.4 We shall deliver consignments according to such route as we, in our absolute discretion, see fit.
5. CONSIGNMENT NOTES
5.1 If required, we shall sign a document prepared by the customer acknowledging receipt of the consignment.
5.2 Any such document shall not be evidence of the condition, declared nature, quantity or weight of the consignment at the time it is received by us.
5.3 We shall require written acknowledgement at the point of delivery of the consignment and where we are unable to obtain such acknowledgement, we shall be deemed to have been unable to effect delivery for the purposes of clauses 3.5 and / or 3.5.1
5.3.1 Written acknowledgement at the point of delivery shall be conclusive evidence of proper delivery.
5.4 Where the customer has notified us prior to the delivery or attempted delivery of the consignment that proof of delivery is not required, we shall be under no obligation to provide the customer with the same and the customer shall be deemed to have waived any claim(s) it may have in respect of the final delivery of the consignment to the Consignee.
5.5 Where a customer notifies us that proof of delivery is not required pursuant to this clause 5.3, we shall not be liable to the customer if it is later claimed by the Consignee that the consignment has not been delivered.
6. TRANSPORT
6.1 Transport is deemed to have started when we take possession of the consignment, whether at the customer’s premises or at any other point of collection.
6.2 Where a consignment cannot be delivered (for whatever reason) or is held by us awaiting further
instructions and such instructions are not received within 24 hours of notice being given to the customer, then transport shall be deemed to end at the expiry of such time.
6.2.1 We reserve the right to charge a ‘storage’ charge for consignments not collected after 24 hours.
6.4 We shall be entitled to recover our 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 suffered or incurred in attempting to effect delivery.
6.5 The customer understands and accepts that we shall be entitled to open and examine any consignment
that we reasonably consider to be a security or health and safety risk to us or others and to take, at our sole discretion, such appropriate action subsequently.
7.0 PROHIBITED ITEMS
7.1 We do not, under any circumstances, carry prohibited items. (these items include, but are not limited to, firearms, explosives, weapons, ammunition, controlled drugs and/or narcotics, corrosive substances, Counterfeit currency, bank notes and / or postage stamps, human and / or animal remains (including ashes) and radioactive substances.
7.2 The customer shall disclose to us whether any consignment (of part thereof) contains any prohibited items.
7.3 Should our vehicle(s) be found with any prohibited items hidden or incorporated in any consignment (or part thereof), the customer shall immediately indemnify us against all and any losses, claims, liabilities,
expenses and costs and will reimburse all and any losses suffered or incurred by us including (but not limited, without limitation, legal costs and expenses)
8.0 VALUABLE GOODS
8.1 If any consignment contains Valuable Goods, the customer shall notify us at the time of Booking as to the content and value of such consignment of Valuable Goods and we may, at our sole discretion, elect to carry
such valuable Goods. Except as set out in clause 10.1 we shall not be liable to the customer for any loss, however caused, unless we have agreed in writing to accept such liability.
8.2 We will not be liable to the customer for the carriage of Valuable Goods unless: (i) the customer notifies us in advance that the consignment contains in whole or in part Valuable Goods pursuant to clause 3.8 above; and (ii) we decide (at our sole discretion) to accept the carriage of such Valuable Goods.
8.3 If we agree to accept the carriage of the Valuable Goods (at such additional fee as us may determine (which the customer shall pay)), our liability in respect of the same day delivery of the Valuable Goods shall be £10,000 (TEN THOUSAND POUNDS)
Storage of consignments
8.3.1 For any consignments stored by us at its premises, the total liability of us for any loss of or damage to such consignment shall not exceed the sum of one thousand pounds sterling (£1,000), unless the declared value of the consignment exceeds such sum and us has subsequently agreed in writing to a higher limitation on its liability.
Further Exclusions on Our Liability
8.4 We shall not be held responsible for any event beyond the reasonable control of us, which prevents us from performing our obligations under the relevant contract including, but not limited to:
8.4.1 acts, omissions or misrepresentations by the customer, owner of the consignment, Consignee or independent contractor or any failure of the foregoing to package and/or label the consignment correctly pursuant to clause 4.1. The customer acknowledges and agrees that in such circumstances we shall not be liable for any loss of or damage to the consignment that arises out of or in connection with a failure to package and/or label it correctly;
8.4.2 natural deterioration or fragility of the consignment (notwithstanding that it may be marked “Fragile”); and/or
8.4.3 any unforeseen circumstances or causes beyond our reasonable control, including but not limited to, act of God, war, riot, malicious damage, compliance with any law or government emergency procedure,
accident, fire, flood, storm or industrial dispute, insufficient or improper packing, labelling or addressing, unless it is previously agreed in writing that we shall perform such task; or
8.5 The customer shall provide to us written proof of the value of the consignment damaged or lost and we / our insurer shall be entitled to inspect the damaged consignment.
9. CANCELLATION & REFUND POLICY
9.1 Subject always to the provisions of this clause 9, we and the customer shall each be entitled to cancel a Booking and terminate the Contract at any time for any reason with immediate effect by notice to the other.
9.2 Where we cancel a Booking pursuant to clause 9.1 by reason of a breach of these Conditions by the customer, we may, without prejudice to any rights or remedies we may have at law or under these Conditions, charge (and the customer shall pay) a reasonable fee for time and effort incurred by us in
connection with that Booking, up to the full value of the charges specified by us in accordance with clause 9.4
9.3 We further reserve the right to hold the customer liable for missed work opportunities caused by a breach of the Conditions and the cancellation of a Booking pursuant to this clause 9.2.
9.4 In the event of cancellation of any Booking for a consignment by the customer, the customer shall be liable to us for our charges in full for the carriage of the consignment. This clause 9.4 shall apply only to cancelled Bookings where we have collected the consignment in question.
9.5 Where the customer cancels a Booking after we have departed to collect the consignment, we may charge (and the customer shall pay) a reasonable fee for time and effort incurred by us in connection with that Booking.
9.6 Where the customer cancels a Booking pursuant to clause 9.5, we shall refund to the customer all sums due to the customer minus our reasonable fees in connection with that Booking prior to the date of cancellation as soon as possible and, in any event, within 30 working days of cancellation.
10. OUR CHARGES AND PAYMENT TERMS
10.1 Subject to clause 10.4, invoices are generated on a Sunday weekly. Our standard payment terms are no later than 30 (thirty) days from date of invoice, and any variation to these terms are to be agreed in writing by an authorised employee of us.
10.2 The customer agrees to pay all charges in accordance with these Conditions. The charges payable in respect of a Booking shall be specified by us as part of the confirmation referred to in clause 3.3.
10.3 Our charges shall be based on the tariff in effect at the time of carriage of the consignment and unless payment is made by credit card, invoice(s) shall be rendered by us to the customer pursuant to 10.1. Credit facilities granted to a customer may be withdrawn at us’s absolute discretion at any time and the balance outstanding shall become due immediately on demand.
10.4 If at the time of Booking the customer pays for a consignment by credit card, the amount quoted by us to the customer at the time of Booking will be charged to the customer’s credit card wherever reasonably practicable within 24 hours (or such other period as us may reasonably determine) of our acceptance of the Booking. In the event that any additional charges are imposed by us pursuant to clause 3.4 above, the customer hereby authorises us to charge such additional charges to the customer’s credit card wherever reasonably practicable within 24 hours (or such other period as us may reasonably determine) of us incurring such charges.
10.4.1 Payment for service by credit card shall not create any tripartite agreement.
10.5 We shall be entitled to charge interest (both before and after judgement) on the amount unpaid at the rate of 6% above the base rate of the Bank of England from time to time until payment is made in full. When
payment is not made by the due date, the customer shall indemnify us for any costs and/or expenses it may suffer or incur in recovering the sum due, including reasonable legal fees and costs of collection.
10.6 Any queries in respect of an invoice must be made in writing 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.
10.8 All charges quoted and charged are exclusive of Value Added Tax and this shall be added to invoices at the rate applicable at the date of invoice.
10.9 All invoices, credit notes and statements will be sent to the customer by post. Invoices sent to the customer’s addresses are deemed to have been delivered two working days after posting.
11. LIMITATION OF OUR LIABILITY
11.1 Notwithstanding any other clause of these Conditions, neither party excludes or limits liability for personal injury or death arising from the negligence or wilful default of either party, its servants, dealers or
sub-contractors; or for any fraudulent misrepresentation.
11.2 We 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:
11.2.1 loss of anticipated savings; and/or
11.2.2 loss due to delay or loss; and/or
11.2.3 loss of business and/or goods; and/or
11.2.4 loss of use; and/or
11.2.5 loss of goodwill; and/or
11.2.6 loss of data or other information; and/or
11.2.7 loss relating to the procurement by the customer of any substitution of goods or services. The types of loss and/or damage specified in clauses 10.2.1 to 10.2.7 above shall not constitute direct loss for the purpose of these Conditions.
12. WEBSITE
12.1 The information provided on our website has not been written to meet specific customer requirements and it is the sole responsibility of the customer to satisfy itself that any Booking made through our website will be suitable for its requirements. All express or implied warranties in relation to the Website and/or the App are hereby excluded to the fullest extent permitted by law.
12.2 Whilst we make all reasonable attempts to exclude viruses from our Website, the customer acknowledges and agrees that any use of the Website by the customer shall be at its own risk.
12.3 The Website is intended for use by the residents in Great Britain only and only in respect of their activities within Great Britain.
13. TIME LIMITS FOR CLAIMS
13.1 We shall not be liable for loss of, mis-delivery or damage to any consignment unless it is notified by the customer of such loss or damage in writing within 7 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.
14. INDEMNITY TO US
14.1 The customer shall indemnify us against:
14.1.1 all losses suffered by us (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;
14.1.2 all claims and demands made against us by any third party in excess of the liability of us under these Conditions;
14.1.3 all losses suffered by and claims made against us resulting from loss of or damage to property caused by or arising out of the carriage of Valuable Goods and/or Prohibited Items;
14.1.4 all claims made upon us by HM Revenue & Customs in respect of dutiable goods consigned.