Terms & Conditions

SKIPTON LIGHT HAULAGE – Terms & Conditions
1. Definitions
The following terms shall have the following meanings unless the
context requires otherwise: –
1.1 “Skipton Light Haulage” means Skipton Light Haulage whose
office is at: 14 The Farm, Skipton, North Yorkshire, BD23 2QT’ and
(unless the context precludes the same) includes Skipton Light
Haulage’s drivers, agents and any person or persons carrying
passengers or goods under any contract with Skipton Light Haulage.
1.2 “Conditions” means the standard terms and conditions of trading set out in this document.
1.3 “The customer” means any person firm company or organisation
to whom Skipton Light Haulage agrees to provide any of its services
and includes the Customer’s servants or agents.
1.4 “Loss” means loss or damage to goods, or non-delivery or misdelivery.
1.5 ” Consignee” means the person to whom Skipton Light Haulage
delivers the Goods.
1.6 “Goods” means goods or property, whether or not contained in
separate parcels, packages, containers or envelopes to be delivered
by Skipton Light Haulage for the Customer from one address to
another, including any papers and documents.
1.7 “Dangerous Goods” means dangerous goods as defined in the
Carriage of Dangerous Goods by Road Regulations 1996 (as
amended, re-enacted or extended from time to time), and any other
noxious, dangerous, hazardous, inflammable, or explosive goods
likely to cause or encourage disease, vermin, pests or other hazard.,
or any goods likely to cause damage.
2. General
2.1 All and any business undertaken, including any advise, or
information given, or service provided, whether gratuitously or not by Skipton Light Haulage is subject to these Conditions and each
Condition shall be deemed to be incorporated in, and to be a
condition of, any agreement between Skipton Light Haulage and the
Customer.
2.2 Skipton Light Haulage is not a common carrier and accepts at its
sole discretion Goods for carriage subject only to these Conditions.
These Conditions shall apply to the exclusion of any other terms and
conditions (including those of the Customer). Unless agreed in
writing by Skipton Light Haulage, no employee, agent or sub
contractor of Skipton Light Haulage is authorised to alter or vary
these Conditions.
2.3 It is agreed by the Customer and Skipton Light Haulage that the
Contracts (Rights of third Parties) Act 1999 (“the Act”) shall not apply to these conditions.
3. Quotations
3.1 All offers and quotations by Skipton Light Haulage are given on
the basis of prompt acceptance by the Customer and shall only
remain for acceptance for a period of seven days unless revoked,
withdrawn, or verified by Skipton Light Haulage prior to such
acceptance.
4. Price
4.1 Prices quoted are based on the cost of labour, transport, duties,
levies, currency, exchange rates and statutory obligations ruling at
the date of the quotation and if, before delivery of the goods, there
occurs any increase in any of such costs, the price payable may be
increased to allow for such increase. Skipton Light Haulage shall
also be entitled to increase such price in the event of any error or
omission affecting it or its calculation.
5. Basis of Trading
5.1 Any instructions or business accepted by Skipton Light Haulage
may, in its absolute discretion be fulfilled by Skipton Light Haulage
itself by its own servants performing part or all of the relevant
services, or by Skipton Light Haulage employing or instructing or
entrusting the carriage of goods to others to perform part or all of the services.
5.2 Subject to express instructions given by the Customer and
accepted by an authorised officer of Skipton Light Haulage reserves
to itself absolute discretion as to the means, route and procedure to
be followed in the carriage of passengers, and in the handling,
storage and transportation of goods. If in the opinion of Skipton Light Haulage it is at any stage necessary or desirable in the customer’s interests to depart from those instructions, Skipton Light Haulage shall be at liberty to do so.
6. Customer’s warranties
6.1 Any Customer entering into transactions of any kind with Skipton Light Haulage for the carriage of goods expressly warrants that:
6.1.1 It is either the owner, or the authorised agent of the owner of
any goods to which the transaction relates; and
6.1.2 It is authorised to accept and is accepting these Conditions not
only for itself, but also as agent for and on behalf of all other persons
who are or may thereafter become interested in the goods; and
6.1.3 All goods entrusted to it for carriage have been properly and
sufficiently packed and labelled. If not adequately packaged, the
transportation of goods may be refused.
7. Terms of Payment
7 .1 All sums shown to be due to Skipton Light Haulage in its
invoices sent to the Customer shall be paid to Skipton Light Haulage
immediately when due, normally 14 days, without any deductions or
payments and shall not be withheld or deferred on account of any
claim, counterclaim or set-off. 7.2 If full payment is not received by
the due date for payment:-
7.2.1 Interest shall be payable by the Customer from the date by
which payment should have been made on the unpaid amount on a
daily basis at the rate of 4% per annum above the base lending rate
of National Westminster Bank Plc from time to time in force unless
otherwise specified.
7.2.2 Skipton Light Haulage shall have the right to suspend any
further deliveries under the particular contract or any other contract or accepted order until payment is made in full and in addition shall have the right to cancel the particular contract in relation to such further deliveries and any other contract with the Customer or accepted order and no time or indulgence granted by Skipton Light Haulage to the Customer shall prejudice any right or remedy which it any have in any manner whatsoever.
8. Skipton Light Haulage liability
8.1 Subject to clauses 8.2 and 8.3 Skipton Light Haulage shall be
under no liability whatsoever, howsoever arising, whether in respect
of or in connection with any goods or any instructions, business,
advice, information or service or otherwise.
8.2 Skipton Light Haulage shall only be responsible for any Loss if it
is proved that the Loss occurred whilst the goods were in the actual
custody of Skipton Light Haulage and under its actual control and
that such Loss was due to the negligence of Skipton Light Haulage
8.3 Skipton Light Haulage shall not be liable for any detention of
goods or delay in delivery of goods or any consequential loss or
damage of deterioration arising there from unless:
8.3.1 The customer shall have specified in writing to Skipton Light Haulage the nature of the goods and purpose of their transit; and 8.3.2 Skipton Light Haulage have agreed in writing with the Customer a time schedule and specification in respect of the transit of the said goods; and
8.3.3 It is proved that such detention; delay, loss, damage or deterioration was due to the negligence of Skipton Light Haulage.
8.4 It shall be the responsibility of the Customer to satisfy itself that
any load that it wishes to have carried by Skipton Light Haulage shall
be suitable for transport in the vehicle or machine ordered by the
Customer and provided by Skipton Light Haulage, and if the
Customer accepts the vehicle or machine offered by Skipton Light
Haulage for the carriage of such load, Skipton Light Haulage will
accept no liability whatsoever for any loss or damage to such load
arising from the unsuitability of such vehicle or machine.
8.5 Skipton Light Haulage operate under RHA terms and conditions.
Skipton Light Haulage operate UK only. Skipton Light Haulage work
to RHA terms and conditions at £1,300 per tonne. For further
information or details then please contact the office.
8.6 In the event of a liability claim the Customer must:
8.6.1 Advise Skipton Light Haulage in writing within 7 clear days of
any loss from a package or an unpacked consignment or any Loss:
and
8.6.2 Send a quantified claim in writing to Skipton Light Haulage
within 28 days after the end of the transit of the consignment.
8.7 If the Customer fails to comply with clause 8.6 Skipton Light
Haulage shall be discharged from all liability whatsoever.
8.8 All Dangerous Goods must be disclosed by the Customer in
advance and unless otherwise agreed, Skipton Light Haulage will not
accept or carry Dangerous Goods.
8.9 If the Customer delivers any such goods to Skipton Light
Haulage, or causes Skipton Light Haulage to handle or deal with any
such goods without complete documentation and declarations as
may be necessary the Customer shall be liable for all loss or damage
whatsoever caused by or in connection with the goods, howsoever
arising, and shall indemnify Skipton Light Haulage against all
penalties, claims, damages, costs and expenses whatsoever arising
in connection therewith. Furthermore, the goods may be destroyed or otherwise dealt with at the sole discretion of Skipton Light Haulage, or by any other person in whose custody they may be at the relevant time.
8.10 Unless prior written arrangements are made between the
Customer and Skipton Light Haulage, Skipton Light Haulage will not
accept or deal with bullion, coins, precious stones, jewellery,
valuables, antiques, pictures (excluding commercial artwork),
livestock or plants. If the Customer delivers any such goods to
Skipton Light Haulage or causes Skipton Light Haulage to handle or
deal with any such goods without such prior written arrangements
Skipton Light Haulage shall be under no liability whatsoever for or in
connection with the goods howsoever arising.
9. Force Majeure
Both Skipton Light Haulage and the Customer shall be released from
the respective obligations in the event of the national emergency,
war, prohibitive government regulations or if any cause beyond the
Customer’s or Skipton Light Haulage ‘s reasonable control renders
the performance of any order impossible. This provision shall not
relieve the Customer of its obligation to pay for all goods delivered
pursuant to any instructions.
10. Delivery
Dates for delivery are estimates given in good faith and as accurately as possible but are not guaranteed and Skipton Light Haulage cannot accept responsibility for any failure to deliver or late delivery due to circumstances beyond its control.
11. General
11.1 The headings are for convenience only and do not limit or
otherwise affect the interpretation of these conditions.
11.2 These Conditions shall be governed by and construed in
accordance with English law and Skipton Light Haulage and the
Customer agree to submit to the exclusive jurisdiction of the English
courts.
11.3 If any provision of these Conditions is held by any court or
competent authority to be invalid or unenforceable in whole or in part, the validity of the remainder of these Conditions and of such
provision shall continue in full force and effect.

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