EAMON MCLAUGHLIN of 141 Clooney Road, Eglinton, County Londonderry (hereinafter referred to as “the carrier”) is not a common carrier and accepts goods for carriage only upon that condition and the Conditions set out below. No servant or agent of the Carrier is permitted to alter or vary these Conditions in any way unless expressly authorised in writing to do so.
“Consignee” means the person or company to whom the Carrier contracts to deliver the consignment.
“Consignment” means a single vehicle or a number of vehicles together with the accessories fitted thereto.
“Dangerous Goods” means a single vehicle or a number of vehicles together with the accessories fitted thereto.
- Parties and Sub-Contracting
- The Customer warrants that he is either the owner of the goods in any Consignment or is authorised by such owner to accept these Conditions on such owner’s behalf.
- The Carrier and any other carrier employed by the Carrier __________ or the services of any other carrier for the purpose of fulfilling the contract in whole or in part and the name of every carrier shall be provided to the Customer upon request.
- The Carrier contracts for himself and his agent of and trustee for his servants and agents and all other carriers referred to in (2) above and such other carrier’s servants and agents and every reference in Conditions 3 – 19 inclusive hereof “the carrier” shall be deemed to include every other carrier, servant and the agent with the intention that they shall have the benefit of the Contract and collectively and together with the Carrier by under no greater liability to the Customer or any other party than is the Carrier hereunder.
- Notwithstanding Condition 2(3) the carriage of goods in any Consignment by rail, sea inland waterway or air is arranged by the Carrier as agent of the Customer and shall be subject to the Conditions of the rail, shipping inland waterway or air carrier contracted to carry the goods. The Carrier shall be under no liability whatever to whomsoever and however arising in respect of such carriage. Provided that where the Consignment is carried partly by road and partly by such means of transport any loss, damage or delay shall be deemed to have occurred while the Consignment were being carried by road unless the contrary is proved by the Carrier.
- Dangerous Goods
Dangerous Goods must be disclosed by the Customer and if the Carrier agrees to accept them for carriage they must be classified, packed and labelled in accordance with the statutory regulations for the carriage by road od the substance declared. Transport Emergency Cards or information in writing in the manner required by the relevant statutory provisions must be provided by the Customer in respect of each substance and must accompany the Consignment.
- Loading and Unloading
- Unless the Carrier has agreed in writing to the contrary with the Customer:
- The Carrier shall not be under any obligation to provide any plant power or labour, other than carried by the vehicle, required for loading or unloading the Consignment.
- The Customer warrants that any special appliances required for loading or unloading the Consignment which are not carried by the vehicle will be provided by the Customer or on the Customer’s behalf.
- The Carrier shall be under no liability whatever to the Customer for any damage whatever, however caused, if the Carrier is instructed to load or unload goods requiring special appliances which in breach of the warranty in (b) above, have not been provided by the Customer or on the Customer’s behalf.
The Carrier shall not be required to provide service beyond the usual place of collection and delivery but if any such service is given by the carrier it shall be at the sole risk of the Customer.
- Condition Report
The customer shall sign a document (“the Condition Report”) prepared by the Carrier acknowledging that the Consignment is accepted by the Carrier in the Conditions set out herein and that the Customer has the opportunity to inspect such conditions. The said Condition Report shall be evidence of the condition of the vehicle accepted by the Carrier and shall specify details of any contents (including any radio or electronic equipment fitted to the vehicle) on or upon the vehicle at the time of acceptance. It can also state that value of the said vehicle and any such contents (provided however that at no time upon the value of any vehicle or contents than the value ascribed to same by Glasses Guide to motor vehicle prices (or such other guide as the Carrier may substitute therfor).
- Transit shall commence when the Carrier takes possession of the Consignment whether at the point of collection or at the Carrier’s premises.
- Transit shall (unless otherwise previously determined) end when the Consignment is tendered at the usual place of delivery at the Consignee’s address within the customary cartage hours of the district.
- If no safe and adequate access or not adequate unloading facilities there exist then transit shall be deemed to end at the expiry of one clear day after notice in writing (or by telephone if so previously agreed in writing) of the arrival of the Consignment at the Carrier’s premises has been sent to the Consignee; and
- when for any other reason whatever a Consignment cannot be delivered or when a Consignment is held by the Carrier ‘to await order’ or ‘to be kept till called for’ or upon any like instructions and such reasonable time, then transit shall be deemed to end.
- The Customer acknowledges that the Carrier will use its reasonable endeavours to deliver any Consignment within the times quoted to the Customer subject to reasonable extension in the event of delay due to weather or other circumstances outside the control of the Carrier.
- Undelivered or Unclaimed Goods
Where the Carrier is unable for any reason to deliver a Consignment to the Consignee or as he may order, or where by virtue of the provision of Condition 6 (2) hereof transit is deemed to be at end, the Carrier may sell the Consignment and payment or tender of the proceeds after deduction of all proper charges and expenses in relation thereto and of all outstanding charges in relation to the carriage and storage of the Consignment shall (without prejudice to any claim or right which the Customer may have against the Carrier otherwise arising under these Conditions) discharge the Carrier from all liability in respect of the Consignment, their carriage and storage.
- The Carrier shall do what is reasonable to obtain the value of the Consignment and
- the power of sale shall not be exercised where the name and address of the sender or of the Consignee is known unless the Carrier shall have done what is reasonable in the circumstances to give notice to the sender or, if the name and address of the sender is not known, to the Consignee that the Consignment will be sold unless within the time specified in such notice, being a reasonable time in the circumstances from the giving of such notice, the Consignment are taken away or instructions are given for their disposal.
- Carrier’s Charges
- The Carrier’s charges shall be payable by the Customer without prejudice to the Carrier’s rights against the Consignee or any other person with the view to the Carrier immediately on delivery of the Consignment, provided 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 reasonable demand had been made by the Carrier for payment thereof.
- Except where a quotation states otherwise all quotations are based on a rate per vehicle unless:
- the vehicle exceeds 5 metres in measurement in which case the quotage shall be computed upon and apply to each measurement of 5 metres or any part thereof, or
- the size or shape of a vehicle necessitates the use of by the Carrier of a vehicle of greater carrying capacity than the weight of the Consignment would otherwise require in which the weight shall be computed upon and applied to the carrying capacity of such vehicle as it reasonable required.
- The carrier shall be entitled to interest at 5 percent above the Clearing Bank Base Rate current at the date of carriage calculated on a daily basis on all amounts over due to the Carrier.
- Liability for Loss and Damage
- The Customer shall be deemed to have elected to accept the terms and conditions set out in (2) of this Condition unless, before the transit commences, the Customer has agreed in writing that the Carrier shall not be liable for any loss or mis-delivery of or damage to the Consignment however or whenever caused and whether or not caused or contributed to directly to indirectly by any act, omission, neglect, default or other wrongdoing on the part of the Carrier.
- Subject to these Conditions the Carrier shall be liable for any loss or mis-delivery of or damage to any or the contents comprise in any vehicle forming part of or forming a Consignment or part of a Consignment occasioned during transit unless the same has arisen from, and the Carrier has used reasonable care to minimise the effects of;
- Act of God
- any consequences of war, invasion, act of foreign enemy, hostilities (whether war or not), civil war, rebellion, insurrection, military or usurped power or confiscation, requisition, or destruction of or damage to property by or under the order of any government or public or local authority.
- seizure or forfeiture under legal process;
- error, act, omission, mis-statement or mis-representation by the Customer or other owner of the goods or by servants or agents of either of them;
- insufficient or improper packaging
- insufficient or improper labelling or addressing;
- riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labour from whatever cause;
- Consignee not taking or accepting delivery within a reasonable time after the Consignment has been tendered.
- The Carrier shall not in any circumstances be liable for loss of or damage to a Consignment after transit of such Consignment is deemed to have ended within the meaning of Condition 6 (2) hereof, whether or not caused or contributed to directly or indirectly by any action, omission, neglect, default or other wrongdoing on the part of the Carrier.
- On collection of vehicles we do a general condition report. This is carried out by a non-professional person as opposed to a qualified vehicle assessor. Weather, lighting, cleanliness, vehicle situation, time restraints, can all inhibit the inspection. The purpose of this is to identify easily visible and apparent damages / defects which may necessitate a comeback between consignor and consignee. Small damages /defects can well be missed by the untrained eye. We will accept absolutely no liability for anything that we feel is out of our capability range, these to include minor dents, scores, improperly secured parts etc. We feel the need to clearly state this as in our long experience the majority of vehicles, whether used or new, have some kind of fault. If it is imperative to know the exact condition of the vehicle we would advise you not to rely on our condition report but instead to have the vehicle inspected by a qualified vehicle assessor prior to collection. i.e. RAC / AA
- The shipping of unaccompanied vehicles is something we strongly advise against. Reasons being since we have suffered heavy losses ourselves in the past when damage / theft have occurred. Under maritime law goods are insured by weight not by value. Special drawing rights (SDRs) are quoted on a daily basis but in our experience this roughly equates to your vehicle being worth a maximum of £1500 per tonne. Whilst in the care of the shipping company we have no control over the vehicle nor is it covered by our insurance. It is solely covered by the shipping companies insurance as per above. In these circumstances we strongly recommend that you insure the vehicle yourself and if you instruct us to transport your vehicle, we will do so on the clear understanding that you have already insured it and that no liability will attach to us for any loss or damage whilst not in our care.
The Carrier shall not in any circumstances be liable in respect of a Consignment where there has been fraud on the part of the Customer or the owner of the goods or the servants or agents of either in respect of that Consignment unless the fraud has been contributed by the complicity of the Carrier or in any servant of the Carrier acting in the course of his employment.
- Limitation of Liability
- Except as otherwise provided in these Conditions, the liability of the Carrier in respect of loss or mis-delivery of or damage to the Consignment, however sustained, shall in all circumstances be limited to the value of the Consignment (in accordance with the provisions of Condition 5 hereof).
- Nothing in this Condition shall limit the liability of the Carrier to less than the sum of £10:
- The Carrier shall be entitled to require proof of the value of the whole of the Consignment or any contents or item fitted to any vehicle, or any part thereof, lost mis-delivered or damaged;
- the customer shall be required to agree with the Carrier the carriage charges appropriate to the value of the Consignment where the limit of the liability is increased above £250000 per load.
- Notwithstanding condition 11(1), the liability of the Carrier in respect of the indirect or consequential loss or damage, however arising and including loss of market, shall not exceed the amount of the carriage charges in respect of the Consignment or the amount of the claimant’s proved loss, whichever is the smaller unless;
- at the time of entering into the contract with the Carrier the customer declares to the Carrier a special interest in delivery in the case of loss or damage or of an agreed time limit being exceeded and agrees to pay a surcharge calculated on the amount of that interest, and
- prior to the commencement of transit the customer has delivered to the Carrier written confirmation of the special interest, agreed time limit and the amount of interest.
The Carrier shall insure his liabilities arising out of the carriage of goods under these Conditions.
- Indemnity to the Carrier
The Customer shall indemnity the Carrier against;
- all consequences suffered by the carrier (including but not limited to claims, demands, proceedings, fines, penalties, damages, costs, expenses, and the loss of or damage to the carrying vehicle and to the other Consignment carried) of any error, omission, mis-statement or mis-representation by the customer or other owner of the Consignment or by any servant or agent or either of them, insufficient or improper packing, labelling or addressing of the Consignment or fraud as in Condition 10;
- all claims and demands whatever by whomsoever made in excess of the liability or the Carrier under these Conditions;
- all losses suffered by and claims made against the Carrier resulting from loss of or damage to property caused by or arising out of the carriage by the Carrier of Dangerous Goods whether or not declared by the customer as such;
- all claims made upon the Carrier by H.M. Customs and Excise in respect of dutiable Consignment consigned in bond whether or not transit has ended or been suspended.
- Time Limits for Claims
The carrier shall not be liable for loss or damage to or from any Consignment unless he is advised thereof within 24 hours of the time when transit is deemed to end and all such claims shall be confirmed in writing within 4 days of such time.
Provided that if the Customer proves that,
- it was not reasonably possible for the Customer to advise the Carrier or make a claim in writing within the time limit applicable and
- such advice or claim was given or made within a reasonable time, the Carrier shall not have the benefit or the exclusion of liability afforded by the Condition.
The Carrier shall have a general lien against the Customer, where the Customer is the owner of the Consignment, for any monies whatever due from the Customer to the Carrier. If such a lien is not satisfied within a reasonable time, the Carrier may, at his absolute discretion sell the Consignment, or part therefore, as agent for the Customer and apply the proceeds towards the monies due and the expenses of the retention, insurance and sale of the Consignment and shall, upon accounting to the Customer for any balance remaining, be discharged for all liability whatever in respect of the Consignment. Where the Customer is not the owner of the Consignment, the Carrier shall have a particular lien against said owner, allowing him to retain possession, but not dispose, the goods against monies due from the customer in respect of the Consignment.
- Unreasonable Detention
The Customer shall be liable for the cost of unreasonable detention of any vehicle, trailer or container but the rights of the Carrier against any other person in respect therefore shall remain unaffected.
- Computation of Time
In the computation of time where any period provided by these Conditions is seven days or less, Saturdays, Sundays and all statutory public holidays shall be excluded.
- Impossibility of Performance
The Carrier shall be relieved of its obligation to perform the Contract to the extent that the performance is prevented by failure of the Customer, fire, weather conditions, industrial dispute, labour disturbance or cause beyond the reasonable control of the carrier.
These Conditions and any carriage carried out thereunder shall be governed by the law of Northern Ireland.