Most organisations which contract to undertake work on behalf of clients, use terms & conditions of carriage & trading, and incorporate these into their contracts. The reason for this is to ensure that all contracting parties understand both their rights and obligations, and to set clear standards. Inevitably these contain “small print”, and we will try to highlight some of the most important points, whilst addressing the need to make full written texts readily available to customers.
Conditions of Carriage
1) The standard trading conditions of Holland & Stockford Ltd, are those of the British International Freight Association, (BIFA 2005A Edition). Generally these terms apply where we contract as a Freight Forwarder, and supply a range of services that may involve sub-contracting to third parties for part of the work. Currently our liability under these terms is £ 1.98 per gross kilo – This figure is only approximate as the value changes daily and is based on 2 Standard Drawing Rights (SDR) per gross kilo.
2) Where Holland & Stockford Ltd act as a carrier within the U.K., the trading conditions are those of the Road Haulage Association, (RHA 2009 Edition). Our liability under these terms is £ 1.30 per gross kilo.
3) Where Holland & Stockford Ltd act as a warehouse keeper and undertake storage within the U.K. the trading conditions are those of the Road Haulage Association, (RHA 2009 conditions of storage). These terms apply only when storage charges are being raised, and do not effect the majority of cargo which simply passes through our warehouses “in transit” Our liability is limited to £ 0.10 per gross kilo under these terms.
In certain circumstances the provisions of International Conventions may take precedence over our standard conditions of carriage i.e. CMR, Warsaw / Montreal Convention, Hague Visby Rules
These conditions apply by international law, between virtually all European countries, through bi-lateral agreements, with the exception of the UK and the Irish Republic, Channel Islands and the Isle of Man. The liability under CMR is currently 8.3 SDR’s (special drawing rights) per kilo or the value of the goods whichever is lower, but this is subject to change as this value depends on the value of SDRs and does fluctuate accordingly.
5) Warsaw / Montreal Convention for Air Freight and Hague Visby Rules for Sea Freight
These conditions apply respectively to airfreight and sea borne traffic. These are all long and complex terms, available in full on the internet if required. We do not offer CIM (Rail) liability cover. We do however have liability insurance for air & sea conventions.
6) The full texts of the terms in sections 1 – 4 are available on our website to download or print, and if you do not have internet access, please contact us, and we will be pleased to email, fax or post any or all of these terms as required.
7) The full texts of the terms shown in point 5 are generally available on the internet.
Some important terms to emphasize
8) Consequential Loss
All of these terms reject any liability for consequential loss, either specifically or by omission, except for a liability up to a maximum sum represented by the freight charged for the particular consignment. The reason for this exclusion of liability is that it is not possible to insure against consequential loss, because theoretically there could be no limit to such a claim, and it would not bear any relation to the freight charge or the value of the shipment, both of which could be insured. The most common example is that of a delivery delay, resulting in “down time”. It must be borne in mind that, whilst we will always use our expertise and resources to meet scheduled and specific delivery times, there is always the possibility of human error, poor weather, mechanical failure, customs problems, and other factors beyond our control, delaying a delivery. We can never therefore guarantee delivery or transit times, and cannot accept liability in the event of a late delivery, or any other form of consequential loss.
9) Off setting claims against freight charges.
Claims are always settled by agreement, and it is expressly stated in all terms & conditions of trading related to freight & transport that claims against a carrier cannot be off set against freight charges owed to that carrier.
a. All Road Freight quotations are based on 3m³ = 1000 kgs & 1 loading metre = 1750 kgs, current exchange rates & fuel prices and may be altered without notice.
b. Rates in any tariff provide that the minimum price in any one charge band will never be less than the maximum charge in the preceding charge band.
c. Quotations have no provision for dangerous goods, timed delivery, or special requirements unless otherwise stated.
d. Spot quotations are valid for one shipment. We would be delighted to provide full tariffs & range quotations on request.
e. We have no liability for consequential loss & quoted transit times are advisory and not guaranteed.
f. Payment terms are, strictly 30 days nett subject to credit check and approval , except duty & VAT which are payable in advance.
g. If it is necessary to employ a debt collection service when our terms are not met we reserve the right to impose a £ 80.00 surcharge.
h. Our standard conditions of carriage are BIFA 2005A. Full details of our terms & conditions of carriage are available by post, fax or email on request.
11) Payment Terms
a. Payment terms are, Strictly 30 days subject to credit check and agreed in writing or payable immediately if credit terms are not agreed., except duty & VAT which are payable in advance.
b. If it is necessary to employ a debt collection service when our terms are not met we reserve the right to impose a £ 80.00 surcharge.
c. No claim can be offset against our outstanding Invoices.
d. We have the right to charge interest at 3% above base rate, every day over the agreed terms of credit as specified in 11a above.
Our stated conditions of carriage incorporate a requirement that cargo is suitably packed for shipment by the chosen means, and a claim could be rejected on the grounds of insufficient or inadequate packaging. It is the policy of Holland & Stockford Ltd to carry cargo in a safe and secure manner, ensuring that your product reaches your customer in good condition. In our experience a number of cargo types and shipment types attract more goods in transit claims and problems than others, and we believe it is our duty to draw our customer’s attention to these issues prior to shipment and create the opportunity to avoid or minimize problems.
We will where we are able, draw shippers attention to cargo which we believe should be better packed and also offer our professional advice on how that packaging could be improved.
We are also aware that certain types of cargo are more likely to be damaged due to their nature, irrespective of packaging, and we are unable to accept liability for loss or damage which is a result of that predisposition. This does not absolve the company of liability for loss of damage through any other occurrence or cause.
Please find below a list of those products/cargo types which experience has shown have a predisposition for damage and theft and which are not covered for any claim. We suggest any shipper / Client takes out Goods in Transit Insurance.
a. Any products made of or containing GLASS, CERAMICS, STONE, MARBLE, in any form, or similar material.
b. UNPACKED MACHINERY, SECOND HAND MACHINERY & CARGO of any type or construction.
c. PERSONAL EFFECTS
d. HOME DELIVERIES unless safe, appropriate, and unrestricted unloading to kerb side is guaranteed. We cannot deliver to upper floors.
e. RETURNED consignments & goods of any kind.
f. OUT of GUAGE/OVERSIZE shipments unless suitably packed for transport.
g. FURNITURE unless securely packed.
h. White goods i.e. Fridges, Ovens washing machines.
i. Mobile Phones new or 2nd hand
j. Tobacco, Cigarettes or any smoking goods
k. Alcohol of any kind including but not restricted to Spirits, Beer or Wine.
l. DELIVERIES are made to the tailboard of the vehicle only & TAIL LIFT deliveries can only be made to the kerb side adjacent to the tail lift.
While this array of conditions can look onerous and obscure they do in fact make the relationships between contracting parties very clear, and most importantly they are well known and understood by insurers.
We recommend that customers discuss the terms and conditions applied by their haulier or forwarder with their own insurers who will offer advice as required but advice based on the knowledge of clear conditions of carriage.