Model Conditions for the Carriage of Goods by Road in the United Kingdom
The Conditions set down the basis on which the Carrier will carry Goods for the Customer (definitions of Conditions, Carrier, Goods and Customer are given in Condition 1). The Carrier is not and does not contract as a common carrier. The Conditions may not be altered or varied in any way except by express agreement in writing signed by a director or proprietor of the Carrier. The Conditions cannot and do not override any statutory provisions imposed by law or the application of any applicable international conventions.
It is expressly stated to be the Customer’s responsibility to read and understand these Conditions which will form the basis of the Contract under which any claims or disputes are settled. Customers are recommended to take professional advice and must arrange adequate insurance to provide full cover when the Consignment is in transit.
A set of explanatory notes is available from Logistics UK.
Name of carrier
Address
1 Definitions
In these Conditions:
1.1 ADR notice means a notice in writing in relation to the
referral of a dispute to mediation.
1.2 Alternative Dispute Resolution means any procedure
agreed by the parties for the resolution of disputes other
than those involving formal arbitration or litigation.
1.3 Approved Carriage List means the list of approved
carriage items prepared pursuant to the Carriage of
Dangerous Goods and Use of Transportable Pressure
Equipment Regulations 2009 and as updated from time
to time.
1.4 Carrier means the person (corporate or otherwise) who
contracts with the Customer to carry the Goods.
1.5 CEDR means the Centre for Effective Dispute Resolution.
1.6 Conditions means these Terms and Conditions.
1.7 Contract means the agreement between the Customer
and the Carrier for the carrying out of the transport
service in relation to the Goods including all documents
expressly incorporated therein.
1.8 Consignee means the person (corporate or otherwise
and who may or may not be the Customer) to whom the
Carrier contracts to deliver the Consignment.
1.9 Consignment means the consignment of the Goods at
any one time from one Consignor in a single load from one
address in the United Kingdom to one Consignee at any
one other address in the United Kingdom.
1.10 Consignor means the person (corporate or otherwise
who may or may not be the Customer) who supplies the
Consignment to the Carrier for carriage.
1.11 Customer means the person (corporate or otherwise) who
contracts with the Carrier for the carriage of goods.
1.12 Dangerous Goods means Goods of any nature including
those listed in the Approved Carriage List which represent
a hazard, or include radioactive material and explosives of
any nature.
1.13 Delay means failure by the Carrier to deliver the Goods
within the agreed time limit, or if there is no agreed time
limit, within the period of 60 days from the date upon
which the Carrier takes possession of the Goods.
1.14 Exempt Products means bullion, precious metals,
precious stones, money (whether in note or coin form),
securities, stamps, legal or business documents, living
creatures or anything of a similar nature.
1.15 Goods means the goods whether single or multiple units
or in bulk which are transported in the Consignment.
1.16 Loss means the actual loss of the Goods or failure by the
Carrier to deliver the Goods within 30 days of the agreed
time limit for delivery or, if there is no agreed time limit,
within 60 days from the date on which the Carrier took
over the Goods.
1.17 Owner’s Risk means that the Goods are held upon
terms that the Carrier shall not be liable for any loss of
whatsoever nature and howsoever caused including
negligence in relation to the Goods or as a consequence of
the Goods being in the Carrier’s possession.
1.18 The expressions Carrier, Consignee, Consignor and
Customer shall include those parties’ principals, agents
and servants.
2 Principal parties and sub-contractors
2.1 The Customer contracts as the legal owner of the Goods
or as the authorised agent of such legal owner in which
case the Customer warrants that he has the authority to
accept these Conditions on behalf of the legal owner.
2.2 Unless written instructions to the contrary are received
from the Customer, the Carrier may sub-contract part or
the whole of the Consignment.
2.3 Where carriage of any Consignment or part of a
Consignment is sub-contracted to a sea, air or rail carrier
then the liability of the Carrier and of any sub-contractor
shall be limited and/or excluded in accordance with
the conditions of carriage of that sub-contractor or as
provided for by statute or international convention.
2.4 Notwithstanding the provisions of the Condition 2.2, the
Carrier may not sub-contract the carriage of Dangerous
Goods without the prior written consent of the Customer.
2.5 Where part or the whole of the carriage has been subcontracted as provided for in Condition 2.2 above, such
sub-contractors shall have the benefit of these Conditions
and shall be under no greater liability to the Customer
than, the Carrier would be under the Contract and the
Customer agrees with the Carrier that no claim shall be
made against a sub-contractor in addition to or in excess
of the limitations and/or exclusions of liability as set out in
these Conditions.
3 Loading and unloading
3.1 The Carrier shall not be required to provide additional
services other than the service for the carriage of the
Consignment from the designated place of collection to
the designated place of delivery unless any such service
has been requested by the Customer and agreed by the
Carrier in writing, prior to collection or delivery being
made.
3.2 The Customer shall be responsible for all aspects of
loading and unloading the Consignment onto and off
of the vehicle, including providing and safely operating
any equipment that may be required for loading and
unloading the Consignment. If the Carrier’s personnel
assist in any part of loading or unloading then, while they
provide such assistance, the Carrier’s personnel shall
be deemed to be under the Customer’s instruction and
control and the Customer accepts full liability for the acts
of such personnel during that period except for any acts of
gross negligence.
3.3 The Carrier shall not be liable for any loss or damage
caused as a result of:
a its use of defective equipment supplied by the
Consignee or Consignor;
b the Carrier acting upon the instructions or directions of the Customer, the Consignor or the Consignee, or their servants or agents, with respect to the loading and/or unloading of the Consignment; or
c negligent acts committed by the Consignor or Consignee or their servants or agents in assisting with loading and/or unloading; and
d the Customer shall indemnify the Carrier against any claim made against the Carrier in respect of such loss or damage including claims in respect of death or personal injury.
3.4 The Carrier will endeavour to make the Consignment
reasonably accessible on the vehicle at the place
designated for delivery.
3.5 The Customer shall make available to the Carrier upon
request details of any risk assessments which may
have been carried out at the collection and/or delivery
addresses. The responsibility for carrying out such risk
assessments shall be that of the Customer and not of the
Carrier.
4 Dangerous Goods
4.1 The Contract for the carriage of Dangerous Goods shall
be voidable by the Carrier and the Carrier shall have
no liability unless, prior to loading, the Carrier receives
precise and correct identification of the substances in
writing and has agreed to accept the same for carriage.
Instructions in writing must be provided by the Customer
in the form prescribed by the appropriate statutory
authority giving details of each and every substance the
Carrier is requested to carry. Written information must
be provided in respect of Goods classified as Dangerous
Goods and where an instruction in writing is not required
by statute. An instruction in writing or other written
notification provided by the Customer must accompany
each and every Consignment.
4.2 The Customer shall be responsible for ensuring that such
substances are properly and safely packaged and labelled
with the identities of the substances and all other relevant
information as specified by any statutory requirements for
the time being in force.
4.3 The Customer shall be responsible for and indemnify
the Carrier against any loss or damage and claims made
upon the Carrier in respect of any injury to persons or
damage to property arising from the non-compliance by
the Customer or the Consignor with any of the provisions
of these Conditions in as far as they relate to the carriage
of Dangerous Goods, unless the Customer proves that the
loss, damage or injury was due to the negligence of the
Carrier.
5 Consignment notes/receipts
5.1 The Carrier shall, if requested, sign a document
acknowledging receipt for the carriage of the quantity
and description of the Consignment loaded on to the
Carrier’s vehicle, to the extent this can be determined, by
visual inspection. Such receipt shall not be evidence as to
accuracy of the condition, weight, quantity nor nature of
the Goods said to comprise the Consignment at the time
the receipt document is signed by the Carrier and/or his
agents and/or his servants. The burden of proof in the
event of dispute is with of the Customer.
5.2 The Carrier shall use its best endeavours to obtain a
signed receipt of delivery of the Consignment from the
Consignee unless otherwise agreed with the Customer.
Such receipts will be returned to the Customer as proof
of delivery, unless otherwise agreed in writing by the
Customer and/or his agent and/or his servants
6 Carrier’s responsibility
6.1 Goods are accepted by the Carrier for carriage at the
Owner’s Risk where the Carrier is able to show that
the Customer has explicitly agreed to the carriage of
the Goods at the Owner’s Risk (or in accordance with
Condition 8.2b). In that event, the Carrier shall not be
liable for loss damage or delay to the Goods no matter
howsoever or by whomsoever caused and the Customer
agrees to indemnify the Carrier against any claims made
by any third party (including in relation to the carriage,
retention or storage) in respect of the Goods carried.
6.2 Subject to the provisions of Condition 6.1 above the
Carrier’s responsibility for the Consignment shall
commence when the Carrier, its agents or sub-contractors
takes physical control of the Consignment at the point
of collection or by receiving the same at the Carrier’s
premises.
6.3 Subject to Condition 6.4 the Carrier’s responsibility and
liability for the Consignment shall end when the Carrier,
its agents or sub-contractors relinquish physical control
of the Consignment at the proper place of delivery or the
Consignment is presented at the proper place of delivery
within normal business hours allowing sufficient time for
unloading.
6.4 If it has been agreed that the Consignee will collect
the Goods from the Carrier’s premises or if the Carrier
is prevented from making delivery at the Consignee’s
address as a consequence of the absence of a safe and/
or adequate access or unloading facility, then the Carrier’s
responsibility for the Goods shall end at the expiration of
24 hours after notice (by letter, telephone, fax or email or
other agreed method of communication) has been given
to the Consignee and/or the Consignor.
6.5 At any time during the term of the Contract the Customer
may request or the Contractor may recommend variations
to the service and/or variations to any other matters
covered by the Contract. The Carrier shall investigate
the likely impact of any such requested or recommended
variations upon the service, the charge for the service and
other aspects of the Contract and shall report promptly
to the Customer. Neither party shall be obliged to agree
to any requested or recommended variation but neither
party shall withhold or delay its agreement unreasonably.
Until such time as any variation to the Contract has been
mutually agreed in writing, the parties shall continue
to perform their respective obligations without taking
account of the requested or recommended variation.
7 Carrier’s charges
7.1 The Carrier’s charges shall be payable by the Customer
provided always that, when the Goods are consigned
carriage forward, the Consignee shall have primary
responsibility for the payment of the carriage charges
but the Customer shall pay such charges in the event
of default by the Consignee and the Carrier shall not be
required to take any steps to obtain payment from the
Consignee other than a written request for payment.
7.2 Notwithstanding any claim which the Customer may have
against the Carrier, the Carrier’s charges for carriage and
any other services incidental to the carriage chargeable
under the Contract shall be payable by the Customer
within the timeframe communicated by the Carrier prior
to the Contract being entered into, and in the event that
no timeframe is communicated, then the charges shall be
payable within 30 days of the date of the invoice unless
otherwise agreed in writing. Should the charges not be
paid within such a period, then the Carrier shall be entitled
to interest at the rate of 8 per cent above the base rate
of the Bank of England prevailing at the date of invoice,
calculated on a daily basis from the date when the sum
became due to the date of actual payment, whether
before or after any judgment.
7.3 Without limiting the generality of Condition 7.2, the
Carrier’s charges shall be payable when due without
reduction or deferment on account of any claim,
counterclaim or set-off.
8 Disposal of the Goods by the Carrier
8.1 In the event that the Carrier is unable for any reason
beyond its reasonable control to deliver the Consignment
in accordance with the Contract, the Carrier shall seek
further instructions from the Customer. The Carrier’s
reasonable additional charges for retaining the Goods
pending the arrival of such further instructions and for
carrying out those instructions shall be payable by the
Customer.
8.2 Subject to the provisions contained in Condition 8.2a
to c below, where the Carrier is unable to obtain further
instructions from the Customer in accordance with
Condition 8.1, the Carrier may sell the Goods provided
that such sale is permitted by law. Payment or tender
of the net proceeds to the Customer after deductions
of all costs of and charges for carriage, other services
incidental to the carriage chargeable under the Contract,
storage and disposal and expenses in relation to the
Goods shall (without prejudice to any claim or right which
the Customer may have against the Carrier otherwise
arising under the Conditions) discharge the Carrier from
all liability in respect of such Goods, their carriage and
storage.
a The Goods may not be sold unless the Carrier shall
have made reasonable efforts (having regard,
if appropriate, to the perishable nature of the
Consignment) to notify the Customer of the Carrier’s
intention to sell the Goods. The Goods may then be
sold unless, within reasonable time (such time to
be specified in the notice) the Customer shall have
arranged to collect the Goods or given instructions
for their disposal and have paid, without prejudice, all
outstanding charges as referred to in this Condition
including any warehousing charges which may have
been incurred during the time that the Goods have
been retained.
b Pending the expiry of such periods of notice referred
to in Condition 8.2a and of disposal of the Goods under
these provisions the Carrier shall at the expense of the
Customer have authority to arrange proper storage of
the Consignment. During such period of storage, the
Goods will be held at the Owner’s Risk and the Carrier
shall not be liable for loss or damage of the Goods
howsoever caused.
c In the event of a sale of the Goods under this Condition
8 the Carrier shall do what is reasonable to obtain
the market value of the Consignment (subject to any
unavoidable deterioration thereof). If the Goods have
no market value, then the Carrier may dispose of them
subject to compliance with all legal requirements in
force in respect of such Goods.
8.3 Subject to the provision of Condition 8.1 above, and in
circumstances in which the Carrier is unable to obtain
further written instructions, the Carrier may, in respect
of Dangerous Goods only, at his sole discretion dispose
of the Dangerous Goods or return them to the Customer.
Where such action is taken by the Carrier, it shall comply
with all prevailing legal requirements that may be in force
in respect of the Dangerous Goods. Any such action taken
by the Carrier under this Condition shall be at the sole risk
and expense of the Customer.
9 Liability for loss, damage or delay
9.1 Subject to these Conditions, the Carrier shall be liable for:
a any loss of or damage to the Goods in a Consignment
occurring whilst the Carrier has responsibility for the
Consignment in accordance with Condition 6 above;
b any delay in the carriage of any Goods in a
Consignment arising from the negligence of the
Carrier.
9.2 The Carrier’s liability is restricted to the financial limits
imposed under Condition 10 of these Conditions unless
otherwise agreed in writing between the contracting
parties prior to the transit commencing.
9.3 The Carrier shall not be liable for whatsoever reason for
loss of or damage to, mis-delivery or loss arising from any
delay in respect of Exempt Products, unless:
a the Carrier has agreed in writing to carry such Goods
at the specific request of the Customer prior to
commencement of the transit;
b the Customer has agreed to reimburse the Carrier with
all additional costs necessarily incurred as a direct
result of the Carrier agreeing to carry such Goods;
c the loss or damage or delay has been proved to have
been caused by the negligence of the Carrier and/or
his agents and/or his servants
9.4 The Carrier shall be relieved of all liability if such loss,
damage or delay arises from the effect of:
a an act of God;
b any consequence of war, act of foreign power,
terrorism, requisition or destruction of or damage to
property by or under the order of any government or
public or local authority;
c seizure or forfeiture under legal process;
d an error, act, omission, mis-statement or misrepresentation by the Customer or other owner of the
Goods or by servants or agents of either of them;
e an inherent liability due to wastage in bulk or weight,
latent defect or inherent defect, vice or natural
deterioration of the Goods;
f any special handling requirements in respect of the
Goods which have not been notified to the Carrier;
g insufficient or improper packaging, unless the Carrier
has contracted to provide this service;
h insufficient or improper labelling or addressing, unless
the Carrier has contracted to provide this service;
i riot, civil commotion, strike, lockout, general or partial
stoppage or restraint of labour from whatever cause;
j the acts of the Customer, Consignee or Consigor as set
out in Condition 3.3;
k a delay in providing to the Carrier safe and adequate
access and/or delivering instructions in accordance
with Condition 6.4;
l fraud on the part of the Customer, Consignor,
Consignee or owner or of their servants or agents in
respect of all or any part of the Consignment.
9.5 For the avoidance of doubt and without affecting the
generality of Condition 9.1, the Carrier shall not be
liable for any loss or damage to the Goods where the
Carrier’s responsibility for the Consignment has ended in
accordance with Conditions 6.3 and 6.4
10 Limitation of liability of Carrier
10.1 Unless otherwise agreed in writing between the Customer
and the Carrier prior to the commencement of carriage,
the liability of the Carrier in respect of loss of or damage
to Goods whilst they are the responsibility of the Carrier
in accordance with Conditions 6 and 9 hereof shall be
limited as follows:
a where the whole or part of a Consignment is lost or
damaged, to a maximum rate of £1,300 per tonne
inclusive of all/any duties and/or taxes on the gross
weight of the Consignment or that proportion by
weight of lost or damaged property as stated on
the Consignment note referred to in Condition 5,
or otherwise ascertained, or £500 for the total
Consignment whichever is greater but not exceeding
the actual value of the Consignment or part of the
Consignment;
b for the purpose of this Condition the value referred
to is the valuation of the Goods at the time they are
accepted for carriage including all duties and taxes.
Provided that no claim shall be accepted by the Carrier
pending its receipt from the Customer of proof of the
value of the Consignment or any part thereof.
10.2 The Carrier’s liability for any delay or consequential loss
shall not exceed the amount of the claimant’s bona fide
10.2 The Carrier’s liability for any delay or consequential loss
shall not exceed the amount of the claimant’s bona fide
loss or the amount of the carriage charges whichever shall
be the lower unless agreement has been made previously
in writing between the Carrier and the Customer for a
specific level of liability for such delay or consequential
loss.
11 Customer’s indemnity to the Carrier
The Customer shall indemnify the Carrier against:
11.1 Losses suffered by the Carrier arising from any act,
omission, misdirection, mis-statement or negligence by
the Customer, Consignor or Consignee, its servants or
agents.
11.2 Claims of any nature for loss or damage resulting from
the carriage of Dangerous Goods where the Customer’s
obligations in Condition 4 above have not been met.
11.3 Claims and demands of any nature in respect of loss of or
damage to the Goods made by any third party additional
to or in excess of the limits of liability of the Carrier set out
in Condition 10 above.
11.4 Any claims made or penalties imposed by the
Commissioners of Customs and Excise in respect of
dutiable goods.
11.5 Claims and demands made by a third party attributable to
lack of authority on the part of the Customer to enter into
the Contract upon these Conditions.
12 Notification of claims
12.1 The Carrier shall not be liable for:
a loss or damage of the whole of the Consignment
unless a claim specifying the general nature thereof
is submitted by the Customer to the Carrier in writing
within 14 days from the Carrier’s responsibility for the
Consignment having commenced in accordance with
Condition 6.2 above and unless a detailed claim giving
weight and value and date of collection are submitted
by the Customer to the Carrier in writing within 14 days
from the Carrier’s responsibility for the Consignment
having ended or been deemed to have ended;
b loss or damage of any part of a Consignment unless
a claim specifying the general nature thereof is
submitted by the Customer to the Carrier in writing
within 7 days from the Carrier’s responsibility for
the Consignment having ended in accordance with
Condition 6.3 above and a detailed claim specifying the
weight, value and date of collection and date of delivery
are submitted in writing within 14 days of the Carrier’s
responsibility having ended;
c damage of any description unless the damaged Goods
are made available to the Carrier’s representative
for inspection for a reasonable period following
notification of the claim;
d delay in delivery of whole or part of the Consignment
unless the Carrier is informed in writing within three
days of the date by which the delivery should have
been made. Where no date for delivery has been
agreed notification should be given within 63 days of
the Carrier’s responsibility for the Consignment having
commenced.
12.2 The Carrier shall not benefit from this exclusion of liability
if the Customer provides evidence that:
a in all the circumstances, it was not reasonably possible
so to advise the Carrier or make the damaged Goods
available for inspection within the specified time limits;
and
b such advice was given at the first reasonable
opportunity.
12.3 The Carrier shall not be liable for any claims and shall
be discharged from all liability however arising if the
Customer has failed to refer the claim to arbitration in
accordance with Condition 15.3 within one year of the
date that delivery was scheduled to or did take place,
or in the event that no delivery date was agreed and no
delivery took place within one year from the date of the
Carrier collected the Goods.
13 Lien and power of sale
13.1 All Consignments delivered to the Carrier for carriage
are and will be received by the Carrier and held by
it subject to a lien for all carriage charges due to the
Carrier from the Customer for the carriage, storage
rent and/or warehousing charge of the Goods and
other proper charges or expenses incurred in respect
of or in connection with the carriage of the particular
Consignment and all other goods which may have been
carried by the Carrier for the Customer from time to time.
13.2 If such a lien is not satisfied by payment within a
reasonable time of the Carrier’s demand for payment
then the Carrier shall be entitled to invoke the power of
sale set out in Condition 8 over the Goods in the Carrier’s
possession. Such sale shall be subject to the provisions of
Conditions 8.2 and 8.3 above.
13.3 The Carrier shall be entitled to charge to the Customer
the cost of loading and unloading the Goods whilst a lien
is being exercised together with warehouse rent and
any other expenses incurred during all periods during
which the lien on the Consignment or any part of the
Consignment is being asserted and all these Conditions
shall continue to apply whilst the lien is being exercised.
13.4 If the Consignment is not the property of the Customer,
the Customer warrants that he has the authority to grant
to the Carrier a particular lien against the owner of the
Goods. The Carrier may hold the Goods against the owner
for any unpaid monies applicable to those Goods only, but
he may not sell or dispose of the Goods in any way without
the express consent of the owner.
14 Detention of Carrier’s property
14.1 The Customer shall, except in the case of negligence
by the Carrier, pay to the Carrier any cost or expense
occasioned to it by the improper or excessive detention
by the Consignor or Consignee of any vehicle, trailer,
container or covering belonging to or under the custody
or control of the Carrier without prejudice to any rights
of the Carrier against any third party in respect of such
detention.
15 Dispute resolution
15.1 The parties will attempt, in good faith, to resolve any
dispute or claim arising out of or relating to these
Conditions promptly through negotiations between
the respective representatives of the parties who have
authority to settle the same.
15.2 Subject to Condition 15.4, if the dispute is not resolved
through negotiation the parties may attempt to resolve
the dispute or claim through mediation to settle such a
dispute and will do so in accordance with the CEDR Model
Mediation Procedure. Unless otherwise agreed between
the parties within 14 days of notice of the dispute, the
mediator will be nominated by CEDR. To initiate the
mediation a party must give an Alternative Dispute
Resolution (ADR) notice to the other party referring the
dispute to mediation. A copy of the referral should be sent
to CEDR.
15.3 Unless otherwise agreed, the mediation will start not later
than 28 days after the date of the ADR notice. Subject
to Condition 15.4, no party may commence any court
proceedings in relation to any dispute arising out of these
Conditions until it has attempted to settle the dispute by
mediation and either the mediation has terminated or
the other party has failed to participate in the mediation,
provided that the right to issue proceedings is not
prejudiced by a delay.
15.4 The provisions of Conditions 15.1 to 15.3 shall not apply to
disputes relating to non-payment or late payment of any
charges.
16 Confidentiality
16.1 Each party undertakes that it shall not at any time
disclose to any person any confidential information
concerning the business, affairs, customers, clients or
suppliers of the other party, except as permitted by
Condition 16.2.
16.2 Each party may disclose the other party’s confidential
information to its employees, officers, representatives
or advisers who need to know such information for the
purposes of exercising the party’s rights or carrying out its
obligations under or in connection with these Conditions,
or as required by law, a court of competent jurisdiction
or any governmental or regulatory authority. Each party
shall ensure that its employees, officers, representatives
or advisers to whom it discloses the other party’s
confidential information comply with Condition 16.1.
17 Governing law
17.1 The parties shall agree the legal regime under which
these Conditions shall be construed and interpreted and
the courts which shall have jurisdiction. In the absence
of such agreement, the Contract shall be subject to and
construed and interpreted in accordance with English law
and shall be subject to the jurisdiction of the courts of
England.
