The parties referred to in these Terms and Conditions of Trade are defined in Section (1) of these Standard Conditions of Carriage below and each transaction between the Carrier and the Customer will be governed by these Terms and Conditions unless otherwise agreed in writing by the carrier before the commencement of any such transactions. Service(s) performed by the carrier for the customer will be charged for on the basis of and at the price(s) quoted by the carrier at the time such service is performed, unless special contract rate(s) have been agreed between the parties. The service performed by the carrier at the agreed rate may be subject to a surcharge when requested or carried out outside normal working hours.
Normal Working Hours will be taken as 08:00 to 18:00 (Monday to Friday) unless a special agreement has been entered between the parties in writing. All other services performed outside of these hours may be charged at tariff plus any agreed surcharge.
Bank Holidays / Public Holidays will be charged at tariff plus up to 75% unless a special agreement has been entered between the parties in writing.
Surcharges The customer will be liable for all additional charges reasonably incurred by the carrier in the performance of the delivery on behalf of the customer. Additional charges may be incurred where a customer requests a collection from a remote address (3rd party collection) as opposed to the customer account address or the consignment is redirected to another delivery address.
Additional charges may also be incurred as a result of bridge or toll charges, congestion charges, parking charges or any waiting time when incurred in the course of the collection or delivery.
Making a Bookings
All Bookings will be communicated by the customer to the carrier by telephone, email or via internet.
The quotation of the customer account number will be accepted by the customer as proof that the order was made by them.
At the time of the booking for any services the customer will supply the carrier with the necessary details of collection and delivery including any instructions. (exact collection / delivery details of addresses including full postcodes, contact names and numbers are to be supplied. P.O Box Numbers will not be accepted)
On delivery, a verbal proof of delivery will be supplied from the carrier with the option of an electronic copy being available at our earliest opportunity. All original proof of deliveries will be supplied with the relevant
weekly invoice. Copies will be held by the carrier for 3 months. If a customer requires a copy after this, an administration fee may be incurred.
Please note any other documentation must travel with the consignment. Incorrect information may delay the delivery.
Pricing & Invoicing
All prices given will be in £ (pounds) sterling
All prices given will be exclusive of any surcharge(s) (which will be agreed before charging)
All prices given will be exclusive of VAT (which will be added when invoicing)
Invoices for services rendered will be issued once per week and sent electronically to the e-mail address(s) provided by the customer.
All queries as to the correctness of the amounts charged or the calculation thereof must be made within seven (7) days of the receipt of the invoice.
All invoices shall be settled within 30 days from invoice date and the carrier reserves the right to apply a monthly interest surcharge to all overdue accounts calculated at 10% over the Bank of England base rate in
accordance with the Late Payment of Commercial Debts (interest) Act 1998 Regulations 2002 until the debt is settled in full.
The above Terms and Conditions of Trade refer only to the conduct of Credit Accounts and the documentation arising from transactions on such accounts. They shall not be construed to alter in any way the effects of the
Standard Conditions of Carriage that appear below.
Standard Conditions of Carriage
Dedicated Vehicle Services (DVS) is mentioned in documentation or verbally (hereinafter are referred to as "the carrier") accepts goods for carriage subject to the conditions (hereinafter referred to as "the conditions")
set out below. No agent or employee of the carrier is permitted to alter or vary these conditions in any way unless he is expressly authorised to do so.
Once a contract is in operation, any deviation or special arrangements requested by the customer shall be expressly documented and agreed in writing between the customer and authorised person of the carrier company
within 28 days of the deviation having been agreed. No verbal agreement or hearsay will be considered as binding or part of the contract.
The carrier is not a common carrier and will accept goods for carriage only on these conditions:
In these conditions, the following expressions shall have the meanings hereby respectively assigned to them, that is to say:
"Carrier, Us, Our or We" shall mean Dedicated Vehicle Services (DVS) , or any sub-contractor.
"Contractor" means Dedicated Vehicle Services (DVS) and any other carrier within Clause 2
"Contract" shall mean the contract for carriage between the carrier and the customer.
"Customer" shall mean the company or person who contracts the services of the carrier.
"Account" shall mean a customer account registered with us containing customer-specific information, including but not limited to a customer name, contact information, payment / banking details and booking history.
"Account Booking" shall mean a booking made by a customer with an account.
"Non Account Booking" shall mean a booking made by a customer without an account.
"Booking" shall mean an instruction made to us for the carriage of a consignment placed by the customer.
"Conditions" shall mean these Conditions of Carriage, which shall form the contract of carriage between the carrier and the customer
"Consignee" shall mean the person to whom the consignment is delivered.
"Consignment" shall mean goods in bulk or contained in one parcel, package, container or envelope including any paper(s) as the case may be, or any number of separate parcels or packages, containers or envelopes sent at one time in one load by or for the customer to the consignee or from one address to another address.
"Subcontracting Parties" include all persons (other than the carrier and the customer) referred to in Clause 2, save in the expression of carrier/contractor includes subcontracting parties in Clauses 2 (2.2) & (2.3)
"Journey" shall mean the carriage of goods between the collection address and delivery address.
"Working Day" shall mean any day other then a Saturday, Sunday, public holiday or bank holiday in the United Kingdom.
"Website" shall mean our website (www.dedicatedvehicleservices.co.uk and any other sub pages)
"Prohibited Items" shall mean goods that may not be carried unless specific insurance is obtained.
"The Excepted Risks" shall mean:
(i) War, invasion, act of foreign enemy, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection or military or usurped power, or looting, sacking or pillaging in connection therewith, and/or
(ii) Ionising radiations or contaminations by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, and/or
(iii) Radioactive, toxic, explosive or other hazardous properties of any explosive nuclear component thereof, and/or
(iv) Pressure waves caused by aircraft and other aerial devices travelling at sonic or supersonic speeds, and/or
(v) The absence, failure or inadequacy of packing and packaging
2. Parties and Subcontract
(2.1) Where the customer is not the owner of some or all of the goods in any consignment, he shall be deemed for all purposes to be the agent of the owner or owners.
(2.2) The carrier enters into the contract for and on behalf of himself, his servants, agents and subcontractors and their servants all of whom shall be entitled to the benefit of the contract and shall be under no liability whatsoever to the client or anyone claiming through him in respect of the goods in addition to or separate from that of the carrier under the contract.
(2.3) The client shall keep the carrier indemnified against all claims and demand whatsoever by whomsoever made in excess of the liability of the carrier under these conditions in respect of any loss, damage or injury, except if caused by the negligence of the carrier, his servants, agents or subcontractors
3. Dangerous Goods
(3.1) If the carrier agrees to accept dangerous goods for carriage, such goods must be accompanied by a full declaration of their nature and contents and be properly and safely packed in accordance with any statutory regulations in force at the time for transport by road or air.
(3.2) The client shall indemnify the carrier against all loss, damage or injury, however caused arising out of any dangerous goods whether declared as such or not.
4. Loading or Unloading
(4.1) When collection or delivery takes place at the clients premises, the carrier/contractor shall not be under any obligations to provide any plant, power or labour which, in additions to the carrier/contractors driver(s) is required for loading or unloading at such premises.
(4.2) Any assistance given by the carrier beyond the usual place of collection or delivery shall be at the sole risk of the client who will keep the carrier indemnified against any claim or demand, which could not have been made if such assistance had not been given.
(4.3) Goods requiring special appliances for unloading from the vehicle are accepted only on condition that the sender had duly ascertained from the consignee that such appliances are available at the destination, Where the carrier/contractor is without prior arrangement in writing with the client, called upon to load or unload such goods, the carrier shall be under no liability whatsoever to the client for any damage however caused, whether or not by the negligence of the carrier. The client shall keep the carrier indemnified against any claim or demand which could not have been made if such assistance had not been given.
(4.4) The carrier will allow up to 15 minutes waiting time when picking up or delivering a consignment. Thereafter the carrier may charge the client for the total waiting time (including the first 15 minutes) at the operative rate. If the carrier has to leave the collection premises and re-attend because the items for collection are not available or cannot be collected because of their size or contents then the charge for the booking is payable in full. Subsequent visits are chargeable in addition to the initial visit.
(4.5) All goods must be suitably and safely packaged. The carrier accepts no liability for any damage howsoever caused in the event of this condition not being complied with.
5. Consignment Notes
The carrier/contractor shall, if so required, sign a document prepared by the sender, acknowledging the receipt of the consignment but no such document shall be evidence of the condition of the correctness of the declared nature, quantity or weight of the consignment at the time it is received by the carrier/contractor.
(6.1) The maximum value of any one domestic consignment shall not exceed £250.00
Should the client wish to send a consignment of value in excess of this they may do so but the liability of the carrier shall remain at £250.00 Should the client wish to arrange increased insurance cover for a consignment written details must be provided to the carrier of the value of the consignment and the cover he requires.
(6.2) Transit shall commence when the consignment is handed to the carrier/contractor whether at the point of collection or at the carrier/contractors premises.
(6.3) Transit shall (unless otherwise previously determined) end when the consignment is tendered at the specified place of delivery or returned to the consignees address within the customary cartage hours of the district, provided (i) that no safe and adequate access or no adequate loading facilities there exist, then transit shall be deemed to end at the expiry of one clear hour after notice by telephone of the arrival of the consignment at the carrier/contractors premises has been communicated to the consignee (or if the consignee is unavailable, the consignor): and (ii) that when for any other reason whatsoever a consignment is held by the carrier/contractor "to await order" or "to be kept until called for" or upon any like instructions and such instructions are not given or the consignment is not called for and removed within a reasonable time, then the transit shall be deemed to end.
7. Proof of Delivery and Undeliverable consignment
Where the carrier/contractor is unable for whatsoever reason to deliver a consignment to the consignee he will take all reasonable steps to advise the client and obtain revised delivery instructions. The carrier will always seek to obtain a signature or other proof of delivery. In the absence of specific instructions to the contrary by the client, then the carrier will not leave any consignment(s) where they cannot obtain proof of delivery. Consignments may be returned to the carriers premises if the client cannot be contacted to obtain the necessary permission. Increased delivery charges may be incurred in this way and the consignment will be delayed.
8. Carrier Charges
(8.1) The carrier charges for carriage shall be payable by the client without prejudice to the carriers rights against the consignee or any other person, provided that when goods are consigned "carriage forward" the client shall not be liable to pay such charges unless the consignee fails to pay after a reasonable demand has been made by the carrier/contractor for payment thereof.
(8.2) Except where the quotation states otherwise, all quotations given based on a weight charge shall apply to the gross weight of the goods.
(8.3) A claim or counterclaim shall not be made by reason for differing or withholding payment of monies payable or liabilities incurred to the carrier.
(8.4) Unless otherwise indicated, all charges are quoted exclusive of any Value Added Tax (VAT), import and any other duties or taxes which may be payable.
(8.5) For charging purposes, the carrier will charge the greater of the actual weight or the volumetric weight where applicable. Volumetric weight is calculated by multiplying the length x height x breadth and dividing the resulting figure by 5000cc.
9. The Limit for Claims
(i) For loss from a package or from an unpacked consignment or (ii) for damage, deviation, mis-delivery, delay of detention, unless the client is advised thereof in writing (otherwise than on a consignment note or delivery document) within seven (7) days and the claim be made in writing within 14 days of the commencement of the transit and 14 days of the delivery date having occurred giving full description of the incident including cost. The carrier will not accept liability in the event of any claim.
Please refer to clause 11 "Limitation of Liability"
10. Liability for Loss and Damage
Subject to these conditions, the carrier shall be liable for any loss or mis-delivery of or damage to goods occasioned during transit unless the carrier shall prove that such loss, mis-delivery or damage has arisen from:
(i) Act of God.
(ii) Any consequence of war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, insurrection, military or usurped power of confiscation, requisition, destruction of, or damage to property by or under the order of any government or public or local authority.
(iii) Any seizure under legal process
(iv) Any act or emission of the client or owner of the goods or of the servants or agents of either
(v) Any inherent liability to wastage in bulk or weight, latent defect or inherent defect vice or natural deterioration of the goods
(vi) Any insufficient or improper packaging
(vii) Any insufficient or improper labelling or addressing
(viii) Any riots, civil commotion, lockouts, general or partial stoppage or restraint of labour from whatever cause
(ix) Any consignee not taking or accepting delivery within a reasonable time.
The carrier shall also not incur liability of any kind in respect of a consignment where there has been fraud on the part of the client or the owner of the goods or the servants or agent of either in respect of that consignment.
11. Limitation of Liability
Subject to these conditions the liability of the carrier in respect of any one consignment shall in any case be limited.
(11.1) Where the loss or damage however sustained is in respect of the whole of the consignment to a sum of £250.00 (special insurance can be arranged immediately on request).
(11.2) Where loss or damage, however sustained, is in respect of part of a consignment to the proportion of the sum ascertained in accordance with (11.1) of this condition for the actual value of the whole consignment.
(11.3) The Carrier shall not in any case be liable for indirect or consequential damages or for loss of a particular market whether held daily or at intervals:
(i) The carrier shall be entitled to require proof of the value of the whole consignment
(ii) any liability incurred hereunder shall be subject to Clause 7 hereof.
12. Items excluded from liability
The carrier does not accept any liability for the following items when in transit unless special arrangements have been agreed in writing in advance between the carrier and the client: precious stones, precious metals, jewellery, money, negotiable instruments, unprotected furniture, glass, china, objects of art, antiques and important documentation.
13. General Lien
The carrier shall have a general lien against the owner of any goods for any monies whatsoever due from such owner to the carrier. If any lien is not satisfied within a reasonable time, the carrier may at his absolute discretion sell the goods as agent for the owner and apply the proceeds towards the monies due and the expenses of the sale and shall, upon accounting to the client for the balance remaining, if any, be discharged from all liability whatsoever in respect of the goods.
If you claim or counterclaim against the carrier it will not be the reason for deferring or withholding payment or for refusing to repay any monies due under our credit terms.
Transit times are based on journey times to major cities and are exclusive of weekends and public holidays. (specialist express services, outside normal working days, are available upon request). The collection day is not included in the journey time calculation.
15. Non Docs
Certain countries require customs declarations for non-document consignments. Where this is required there will be a non-document surcharge.
Out of Gauge, volumetric consignments, pallet handling & out of area a surcharge is applicable where the consignment length exceeds 120cms and is less than 240cms (maximum. consignment length is 240cms) Volume will be charged at 5000:1
Items over 50 kilos in weight must be on a pallet, unless assistance is provided at the time of loading/un-loading If they are not they cannot be handled and will not be sent. A surcharge applies to palletised consignments. (The carrier can palletise items. Prices available upon request)
Certain remote areas are subject to an "out of area" surcharge. This only applies to countries outside the EEC and is charged at £20.00 minimum based on a 50p per kilo rate.
Basic Insurance cover is limited to £250.00 per consignment under the carriers trading terms and conditions. Additional Insurance may be available upon request (depending on destination and consignment)
17. Prohibited goods:
The following goods are prohibited unless special arrangements have been agreed in writing between the carrier and the client.
Antiques, blank travellers cheques, bonds, bullion, cash/currency, computer equipment, (including: mobile telephones, smartphones, electronic organisers and/or similar equipment, associated software and/or electrical and/or electronic accessories and/or printer cartridges), dangerous goods, electrical and/or electronic equipment designed for recording, displaying and/or playing sound and/or images; portable satellite navigation equipment; electronic games consoles; electrical and/or electronic accessories and/or associated pre-recorded and/or pre-programmed, firearms/weapons, foodstuffs, glass, human remains, ivory, jewellery, liquids, livestock, negotiable stocks, perishables, plants, pornography, precious stones, seeds, ship side spares, tobacco products, works of art.
18.1 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 are hereby excluded to the fullest extent permitted by law.
18.2 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.
18.3 The Website is intended for use by the residents of the United Kingdom only and in respect of their activities within the United Kingdom and will not under any circumstances be entitled to compensation, or to full compensation for any loss and may be subject to certain obligations and indemnities.
It is advised that professional advice as to appropriate insurance cover to be maintained while consignments are in transit.
I agree to be bound by these Terms and Conditions.