or you can download a copy
RHA_Conditions_Carriage.pdf
all copyrights acknowledged
BACH Haulage and sameday (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.
1. Definitions In these Conditions
- "Customer" means the person or company who contracts for the
services of the Carrier including any other carrier who gives a
Consignment to the Carrier for carriage.
- "Contract" means the contract of carriage between the Customer and
the Carrier.
- "Consignee" means the person or company to whom the Carrier
contracts to deliver the goods.
- "Consignment" means goods in bulk or contained in one parcel,
package or container, as the case may be, or any number of separate
parcels. packages or containers sent at one time in one load by or for
the Customer from one address to one address
- "Dangerous Goods" means dangerous substances listed by the Health
and Safely Commission in Part 1 of the Authorised and Approved List of
Dangerous Substances, explosives, radioactive substances and any other
substance presenting a similar hazard.
2. Parties and Subcontracting
- 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 may employ
the services of ant other carrier for the purpose of fulfilling the
Contract in whole or in part and the same of every other such carrier
shall be provided to the Customer upon request.
- The Carrier contracts for itself and as agent of and trustee for its
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 such carrier, servant and agent with the intention
that they shall have the benefit of the Contract and collectively and
together with the Carrier be 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 goods are carried partly by road and partly by such other
means of transport any loss, damage or delay shall be deemed to have
occurred while the goods were being carried by road unless the contrary
is proved by the Carrier.
3.
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
labeled in accordance with the statutory regulations for the carriage by
road of the substance declared Transport Emergency Cards (Tremcards) 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.
4. 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 labor. other than that 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 or delivery but if any such service is
given by the Carrier it shall be at the sole risk of the Customer
- The Customer shall indemnify the Carrier against all claims and
demands whatever which could not have been made it such instructions as
are referred to in (1c) of this Condition and such service is referred
to in (1d) of this Condition had not been given.
5. Consignment Notes
The Carrier 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 or of the correctness of the declared nature,
quantity, or weight of the Consignment at the time it is received by the
Carrier.
6. Transit
- 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) when the
Consignment is tendered at the usual place of delivery at the
Consignee's address within the customary cartage hours of the district.
Provided that;
- if no safe and adequate access or no 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 instructions are not given or the Consignment is not called
for and removed, within a reasonable time, then transit shall be
deemed to end.
7. 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 proviso to
Condition 6(2) hereof transit is deemed to be at end, the Carrier may sell
the goods 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 goods 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 such goods. their carriage and storage. Provided
that: (1) the Carrier shall do what is reasonable to obtain the value of the
Consignment and (2) 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 glide notice to
the sender or, it the name and address of the sender is not known. to the
Consignee that the goods 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 goods are taken away or instructions are given for their
disposal.
8. 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. 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 has been made by the Carrier for
payment thereof.
- Except where a quotation states otherwise all quotations based on a
tonnage rate shall apply to the gross weight unless:
- the goods exceed 2.25 cubic meters in measurement per tonne, in
which case the tonnage rate shall be computed upon and apply to each
measurement of 2.25 cubic metres or any part thereof, or
- the size or shape of a Consignment necessitates the use of a
vehicle of greater carrying capacity than the weight of the
Consignment would otherwise require, in which case the tonnage rate
shall be computed upon and apply to the carrying capacity of such
vehicle as is reasonably required.
- Charges shall be payable on the expiry of any time limit previously
stipulated and the Carrier shall be entitled to interest at 5 per cent
above the Clearing Bank Basic Rate current at this time, calculated on a
daily basis on all amounts overdue to the Carrier.
9. Liability for Loss and Damage
- The Customer shall be deemed to have elected to accept the terms 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 misdelivery of or damage to goods however or whenever caused
and whether or not caused or contributed to directly or 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
-
loss or misdelivery of or damage to livestock, bullion, money,
securities, stamps, precious metals or precious stones only if:
- the Carrier has specifically agreed in wording to carry any
such items and
- the Customer has agreed in writing to reimburse the Carrier
in respect of alit additional costs which result from the
carrying of the said items and
- the loss, misdelivery or damage is occasioned during transit
and results from negligent act or omission by the Carrier,
-
any loss or misdelivery of or damage to any other goods
occasioned during transit unless the same had 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, misstatement or misrepresentation by
the Customer or other owner of the goods or by servants or
agents of either of them;
- inherent liability to wastage in bulk or weight, latent
defect or inherent defect, vice or natural deterioration of the
goods;
- insufficient or improper packing;
- insufficient or improper labeling 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 goods after transit of such goods 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 act, omission, neglect,
default or other wrongdoing on the part of the Carrier.
10. Fraud
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 of any servant of the Carrier acting in the course of his
employment.
11. Limitation of Liability
-
Except as otherwise provided in these Conditions, the liability of
the Carrier in respect of loss or misdelivery of or damage to goods,
however sustained, shall in all circumstances be limited as follows:
- To the value of the Consignment where, at any time prior to the
commencement of transit, the Customer has given seven days' written
notice to the Carrier requiring that the limit of the Carrier's
liability be set at the value of the Consignment where this value
exceeds £1,300 per tonne or, if no such notice has been given;
- To £1,300 per tonne on either the gross weight of the
Consignment or, where applicable, the tonnage computed in accordance
with Condition 8(2)(a) or (b) hereof; or
-
To the proportion of the sum, ascertained in accordance with
(1)(a) or (b) of this Condition, which the actual value of part of
the Consignment bears to the actual value of the whole of the
Consignment where loss, misdelivery or damage, however sustained, is
in respect of that part of the Consignment. Provided that:
- 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 and of any part thereof lost,
misdelivered 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 liability is increased above £1300 per tonne
in accordance with (1)(a) of this Condition.
- Not withstanding 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 amount of the interest.
12. Insurance
The Carrier shall insure his liabilities arising out of the carriage of
goods under these Conditions.
13. Indemnity to the Carrier
The Customer shall indemnify the Carrier against:
- all consequences suffered by the Carrier (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) of any error, omission, misstatement or misrepresentation
by the Customer or other owner of the goods or by any servant or agent
of either of them, insufficient or improper packing, labeling or
addressing of the goods or fraud as in Condition 10,
- all claims and demands whatever by whomsoever made in excess of the
liability of 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 goods consigned in bond whether or not transit has
ended or been suspended.
14. Time Limits for Claims
The Carrier shall not be liable for:
- loss from a parcel, package or container or from an unpacked
Consignment or for damage to a Consignment or any part of a Consignment
unless he is advised thereof in writing otherwise than upon a
consignment note or delivery document within three days, and the claim
is made in writing within seven days, after the termination of transit;
-
loss, misdelivery or nondelivery of the whole of a Consignment or of
any separate parcel, package or container forming part of a Consignment
unless he is advised of the loss, misdelivery or nondelivery in writing
otherwise than upon a consignment note or delivery document within
twenty-eight days, and the claim is made in writing within forty-two
days, after the commencement of transit. 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 of the exclusion of liability
afforded by this Condition.
15. Lien
The Carrier shall have a general lien against the Customer, where the
Customer is the owner of the goods, for any monies whatever due from the
Customer to the Carrier. It such a lien is not satisfied within a reasonable
time, the Carrier may, at his absolute discretion sell the good, or part
thereof, as agent for the Customer and apply the proceeds towards the monies
due and the expenses of the retention, insurance and sale of the goods and
shall, upon accounting to the Customer for any balance remaining, be
discharged from all liability whatever in respect of the goods. Where the
Customer is not the owner of the goods, the Carrier shall have a particular
lien against said owner, allowing him to retain possession, but not dispose
of, the goods against monies due from the Customer in respect of the
Consignment.
16. Unreasonable Detention
The Customer shall be liable for the cost of unreasonable detention of
any vehicle, trailer, container or sheet but the rights of the Carrier
against any other person in respect thereof shall remain unaffected.
17. 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.
18. Loss Adjustment
The value of a Consignment or part Consignment shall be taken as its
invoice value if the goods have been sold. otherwise it shall be taken as
the cost thereof to the owner.
19. 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. © Road Haulage Association
Limited tot 1998 Registered under the provisions of the Restrictive Trade
Practices Act 1976.
|
Our overnight Service to:- |
Barrow-in-Furness |
Glasgow |
Birmingham |
Manchester |
London |
Faslane |
Inverness |
Exeter |
Plymouth |
Rosyth |
Sheffield |
Isle of Skye |
South Wales |
Portsmouth |
|
|
|
|
|
|