The Terms and Conditions of Our Service
By the time you finish reading them, we will have most likely already delivered your package.
Legal
Any transaction that takes place is subject to our Conditions of Trading, which, among other things, detail our responsibilities and our credit terms. These conditions may be found further down in this sentence.
In accordance with these terms and conditions, our responsibility for damage is capped at £10.00 per kilogramme up to a total of 1,000 kg per shipment, and it is entirely waived in certain scenarios. It’s possible that different liability limitations will be in effect for trips that start or end outside of the British Isles.
We are not liable for any lost profits, missed opportunities, lost markets or customers, or any other indirect or consequential damages or losses of any kind.
When it comes to clients with accounts, the payment of our fees for transportation is required no later than 30 days following the date on which they were invoiced.
IF WE ARE NOT PAID IN ACCORDANCE WITH OUR CREDIT TERMS, WE UNDERSTAND AND WILL EXERCISE OUR STATUTORY RIGHT TO INTEREST AND COMPENSATION FOR DEBT RECOVERY COSTS UNDER THE LATE PAYMENT LEGISLATION. THIS RIGHT WILL ALSO BE EXERCISED.
TERMS AND CONDITIONS OF THE MARKET
The company referred to as “The Carrier” is Go Direct Logistics Ltd.
- “Goods” refers to any papers or pieces of any physical property, including containers and packing, that are being sent from one location to another on behalf of the Customer.
- The term “Customer” refers to any person, business, body corporate, unincorporated organisation, or any other entity that consigns Goods as outlined above. This term also includes any servants or agents that the Customer may employ.
- The term “Territorial Limits” refers to any location, including the waters that separate England, Wales, Scotland, and Northern Ireland as well as the Channel Islands, the Isle of Man, and Ireland.
These Conditions apply to any and all transactions that take place, regardless of whether the Carrier is providing the advice, information, or service at no cost to the customer. This includes any and all advice, information, or service that the Carrier provides. The terms and conditions of trade imposed by the Customer shall only be valid to the extent that they are not incompatible with these Conditions. Any Customer who disagrees to these Conditions must, prior to delivering instructions, tell the Carrier of the objections in writing. Any such objection shall take effect only upon it being acknowledged in writing by a Director or General Manager of the Carrier. If a Customer objects to these Conditions, the Carrier must accept the objection in writing before it may take effect.
Employees, agents, and officers of the Carrier are not authorised to make oral or written statements, warranties, or promises concerning the Carrier’s business or services that are inconsistent with these Conditions. The Customer waives all rights that may otherwise arise in relying upon the same, and the Carrier is not responsible for any damages that may result from the Customer’s reliance on such representations, warranties, or promises. The power to change these conditions rests only with a General Manager or Director of the Carrier, and even then, only to the degree that the variation is expressly communicated in writing to be a modification of these conditions.
These Terms and Conditions shall take precedence over any promotional brochures or other information provided by the Carrier in situations where there is a dispute between the two sets of materials.
The Carrier is not a common carrier; thus, it is within its right to refuse to offer services to such Customers and/or in respect to such Goods as it sees fit, using the entire discretion that is afforded to it by law.
The Carrier is permitted to outsource all or any portion of its operations, and any references to the Carrier in these Terms and Conditions are intended to include the Carrier’s employees, agents, and subcontractors.
The Customer warrants that it is either the owner of the Goods or the authorised agent of the owner of the Goods, and that 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. Additionally, the Customer warrants that it 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.
The Customer warrants that the consignment will be sufficiently secured and properly packed and labelled, will be fit and safe to be carried or stored, and will comply with all statutory or other regulations for carriage by road, air, rail, or sea, and for mechanical handling and sorting as may be in force or use from time to time. The Customer is responsible for ensuring that the consignment fulfils all of these requirements.
The Customer warrants that the Goods do not comprise or include any unlawful, noxious, dangerous, hazardous, flammable, or explosive items of any kind, or any items that may not otherwise be collected, carried, stored, or otherwise possessed, delivered, imported, or exported into or from any country, region, or area. This includes any items that are prohibited from being collected, carried, stored, or otherwise possessed, imported, or exported into or from any country, region, or area. The Customer is responsible for any loss or damage, regardless of how it was caused, that was caused by, to, or in any way connected with the Goods described by this clause. Furthermore, the Customer will indemnify and hold the Carrier harmless against any fines, penalties, actions, claims, damages, losses, costs, and expenses, regardless of how they arose in any jurisdiction in connection with the Goods. This is without prejudice to the Carrier making claims on any basis for damages. The Goods referred to above may be destroyed, abandoned, released, surrendered, or otherwise dealt with in any other manner at the sole discretion of the Carrier, or by any other person in whose custody they may be at the relevant time, without the Carrier being liable to the Customer in any way. This provision is without prejudice to any of the other rights of the Carrier that are contained in these Conditions. - The Carrier is not obligated to comply with the Customer’s specific written instructions on the method, route, or process that must be followed in the course of the handling, storage, or transportation of the Goods; but, the Customer may provide such instructions. In addition, the Carrier has the right to deviate from the directions given if they believe that doing so is in the best interest of the Customer at any point in time, even if it means deviating from the instructions given at a previous stage.
All invitations and quotations given by the Carrier for the use of its services are done so on the basis of prompt instructions given by the Customer, and shall only remain open for instruction by the Customer for a period of seven days, unless they are withdrawn, revoked, or varied by the Carrier prior to the Customer giving their instructions. The instructions of the Customer shall constitute an offer by the Customer to the Carrier to enter into contractual relations with it. Such instructions, once accepted by the Carrier, shall give rise to a binding contract between the parties governed by these Conditions, and the Customer will pay the charges of the Carrier for the business required, regardless of whether or not the Customer subsequently wishes to withdraw, revoke, or vary those instructions, or otherwise makes it impossible for the Carrier to carry out the Customer’s original instructions.
(i) Invoices need to be paid no later than 30 days from the day they were issued. In the event that payment is not received by the specified date, interest and any other applicable fees will become payable in accordance with the provisions of the Late Payment of Commercial Debts (Interest) Act 1998 or any legislative modification to or replacement for that Act.
(ii) The fact that we do not immediately exercise our legal rights, or that we postpone doing so, does not constitute a surrender of those rights, nor does it establish a presumption that those rights will not be utilised in the future within the time limitations specified by the applicable legal provisions.
The Carrier will not take or deal with bullion, cash, precious stones, jewellery, jewels, glass goods or other delicate things, antiques, photographs (except commercial artwork), animals, or plants, unless prior preparations have been made and written agreements have been made in advance. The Customer agrees that they will not deliver any of these products to the Carrier, nor will they force the Carrier to handle or deal with any of these items in any other way than after making the necessary arrangements that have been outlined above. The Carrier shall have no duty whatsoever for, or in connection with, the Goods or any loss or damage thereto, regardless of the cause, with the only exception of the amount to which such liability has been agreed upon. The Customer is responsible for ensuring that the Goods can be lawfully collected, carried, stored, delivered, exported and imported into and from any country, region or place, without hindrance or undue delay, and will indemnify and hold harmless the Carrier from all fines, penalties, actions, claims, damages, losses, costs and expenses, regardless of how they arise in any jurisdiction that it may suffer or incur as a consequence of a violation of such a law. This is in addition to any special agreement that
It is the responsibility of the Customer to ensure that the Goods are subjected to a thorough inspection as soon as possible after they have been received by the consignee or any other receiver of the Goods.
Any query regarding the performance of the obligations of the Carrier in relation to these Conditions, including, but not limited to, as regards price, invoice payment, loss, non-delivery in whole or part, damage or mis-delivery of, to or from Goods (however caused), shall be made in writing and notified to the Carrier within 7 days of the date upon which the Customer became or should have become aware of the event or occurrence that is alleged to have given rise to such query and shall be submitted to the Car
The Carrier is not responsible for any delays or non-performance, as well as any loss or damage that might otherwise give rise to responsibility because of the following reasons:
(i) any act of God, including but not limited to unfavourable weather conditions, scarcity of fuel, and power outages;
(ii) any war, invasion, act of a foreign enemy, hostilities (whether war is declared or not), civil war, revolt, insurrection, or military usurpation of governmental authority, confiscation, requisition, destruction of, or damage to property; (iii) any civil war; (iv) any military usurpation of governmental power; (v) any damage to property; (vi) any harm to persons; (vii)
(iii) any riots, civil unrest, strikes, lockouts, total or partial stoppages of work, or restraints of employment from whatever causes;
(iv) any seizure by lawful procedure;
(v) any act or omission committed by the Customer, those with whom he contracts, or the Customer’s or those third parties’ employees or agents;
(vi) any inherent responsibility that may arise due to wastage in volume or weight, hidden defects, inherent vices, or the goods’ natural degradation;
(vii) the inadequacy or inappropriate packaging of the whole or any part of the Goods, unless the Customer and the Carrier have previously agreed that the Carrier would be responsible for such packing;
(viii) the labelling or addressing of the Goods being inadequate or inaccurate, unless the Customer and the Carrier have previously agreed that the Carrier would be responsible for such labelling;
(ix) the recipient of the Goods does not accept delivery of the Goods within twenty-eight days of the date that the Customer of the Carrier serves them with notification that the Goods were not delivered;
(x) any potential maritime hazards;
(xi) the acts or omissions of any independent contractor in any manner whatsoever that were caused by any breach by the Customer of these Conditions, and where such a breach occurred, the relief of the Carrier from liability as outlined above shall be without prejudice to any claims the Carrier may have against the Customer because of this breach.
The Carrier may effect physical delivery of the Goods at the address shown thereon by presenting the same to any person who may appear to the Carrier to be authorised or competent to accept them on behalf of the addressee, or the Carrier may leave the Goods at any place at the address aforesaid as may appear to it to be intended or suitable for this purpose, and delivery in accordance with the foregoing shall in favour of the Carrier as against the Customer constitute sufficient delivery of the Goods.
The Carrier may (but shall not be obliged to) require an acknowledgement of delivery of Goods to be given at the point of delivery. Any such receipt, if given by a person appearing to the Carrier to be authorised or competent in that regard, shall in favour of the Carrier against the Customer and the Addressee constitute good receipt and shall be conclusive evidence of the fact of proper delivery of the Goods in accordance with these Conditions. However, the Carrier shall not be obligated to do so.
The Goods may be retained by the Carrier in situations in which the Carrier believes that it would be inappropriate or impossible to deliver the Goods to the addressee or to obtain an acknowledgement of delivery that is satisfactory to the Carrier. In these situations, the Carrier has the right to attempt, on some other occasion or occasions, as soon as it is practicable thereafter, to deliver the Goods and/or issue to the Customer notice of their non-delivery and (without prejudice to the Carrier’s right to claim payment
In the event that the Carrier is unable to deliver the Goods, and the Goods are not claimed by the Customer within twenty-eight days of notice of such non-delivery being served on the Customer, then the Carrier may destroy or sell the undelivered Goods as if the Carrier as against the Customer and the purchaser were the absolute owner, and to pass unencumbered title to the purchaser.
The Carrier shall have a general lien on any consignment of Goods for its charges for the carriage or storage of those or any other Goods supplied by the Customer and for any other monies due from the Customer to the Carrier. In addition, in the event that the Customer fails to pay the Carrier any monies that are owed to the Carrier on any account whatsoever, the Carrier may, without providing notice to the Customer, appropriate any Goods aforesaid and sell them as if the Carrier
If the Customer (other than through the Carrier) employs or engages the services directly or indirectly of any employee or independent contractor to the Carrier whose services at any time during the preceding 12 months shall have previously been supplied by the Carrier to the Customer, then the Carrier shall be entitled to charge a fee to the Customer for the introduction of such employee or independent contractor equivalent to 15% together with Value Added Tax thereon of t.
(i) Instructions given to the Carrier by telephone other than those pertaining to the identity of the Customer and the identity of the Goods, as well as the address for collection, the address for delivery, and the class of service requested, shall not give rise to any obligation or duty of care upon the Carrier, regardless of whether or not those additional telephone instructions are performed or observed by the Carrier in whole or in part;
(ii) Provided that the above provisions have been complied with, the Carrier shall only be responsible for any non-compliance or mis-compliance with instructions provided to it if it can be shown that the same was caused by the carelessness or failure of the Carrier;
(iii) The Carrier shall be deemed to provide suggestions, opinions, or advice as to means of transportation, services available, physical or legal circumstances of carriage, or other guidance howsoever described at any time to assist the Customer, to formulate instructions or otherwise, for the sole purpose of providing information, and without giving any representation, warranty, or promise and without having any duty of care to the Customer in respect thereof. This provision shall be deemed to
The Carrier will use and apply all reasonable efforts and endeavours to effect delivery of Goods within a stipulated period of time as described in its marketing literature in force from time to time where, in its opinion, it is able to do so, but in expressing any such opinion, the Carrier undertakes no duty of care towards the Customer. The Carrier will use and apply all reasonable efforts and endeavours to effect delivery of Goods within a specified period of time as described in its marketing literature in force from time to time.
The Carrier may provide the Customer with a variety of guaranteed services that are outlined in the tariff schedule that is issued by the Carrier and is subject to periodic revisions. In the event that the Carrier is unable to deliver the level of service that the Customer has requested, the Customer shall be entitled to a credit equal to the difference between the price that was quoted for the guaranteed service and the price that was charged for the service that was actually supplied. In the event that the Customer is entitled to a credit, such credit will be issued to the Customer in the form of a credit note and added to the Customer’s account.
The Carrier shall under no circumstances whatsoever have any other or higher obligation to the Customer whether in contract negligence or in any other capacity, and the Customer’s remedy shall be limited to that which is indicated in Clause 28 for failing to deliver the level of service requested by the Customer. This provision shall apply regardless of whether the liability arises from breach of contract, negligence, or any other legal theory.
The Carrier shall have no liability under any circumstances for any lawful or unlawful detention of Goods or for any consequential loss, damage, or deterioration arising therefrom, with the exception of the following situations: (a) the Customer shall have specified to the Carrier the nature of the Goods and purpose of their transit, and the Carrier through its General Manager shall have agreed in writing with the Customer a time schedule and specification in respect of the transit of said Goods; and (b) it shall be the responsibility of
It is the obligation of the Customer to ensure that any cargo it chooses to have carried by the Carrier is fit for transportation in the vehicle or equipment that has been requested by the Customer and is being delivered by the Carrier. If the Customer fails to do so, the Carrier may refuse to transport the load. In addition, the Carrier shall have no obligation whatsoever for any loss or damage to such cargo resulting from the unsuitability of the vehicle or machine that was offered by the Carrier for the transport of such load, provided that the Customer accepts the vehicle or machine that was supplied by the Carrier for the carriage of such load.
If it can be proven that the loss, damage, non-delivery, or mis-delivery occurred while the Goods were in the custody of the Carrier or under its control and that such loss, damage, non-delivery, or mis-delivery was due to the negligence of the Carrier, then the Carrier shall only be responsible for any loss or damage to Goods or any non-delivery. In addition, the Carrier shall only be responsible for any non-delivery of Goods.
The Carrier shall not under any circumstances be liable to the Customer for indirect or consequential damage or loss of profit, or for loss of a particular opportunity or market or goodwill suffered or incurred by the Customer, regardless of whether the loss was caused by a breach of contract on the part of the Carrier or negligence on the part of the Carrier or some other cause.
In the event that the Carrier is found to be liable to the Customer despite these Conditions, the Carrier shall not be liable for any claims, costs, damages, losses, or expenses made or incurred by whomever in excess of the limitations of liability stated within these Conditions, regardless of whether or not the Carrier’s negligence was a contributing factor.
Only deliveries made inside the Territorial Limits are subject to this requirement; it will not be applied to any other deliveries.
(a) The liability of the Carrier in regard to any one consignment of Goods must be limited to the lesser of the following amounts:
(i) an amount calculated at a rate of £15 per kilo up to a maximum of 1000 kilos per consignment subject to a minimum of £10 or:
(ii) the worth of the Goods to the Customer that corresponds to their cost; or
(iii) in the event that the Goods have been damaged, the expense of repairing such Goods.
(b) In the event that just a portion of a consignment of Goods is lost, damaged, or delivered incorrectly, the responsibility of the Carrier must be restricted to the greater of the following:
(i) that amount which bears the same proportion to the amount calculated in accordance with subclause 36(a) above as the actual value of the lost, damaged, or mis-delivered part of the Goods bears to the actual value of the whole of the Goods; or (ii) that amount which bears the same proportion to the amount calculated in accordance with subclause 36(b) above as the actual value of the whole of the Goods bears to the actual value
(ii) the expense of repairing any parts that have been damaged.
Only with respect to overseas shipments is the following criterion to be applied:
(a) In the event that the Convention on the Contract for the International Carriage of Goods by Road (abbreviated as “CMR”) is applicable to the delivery of any Goods:
(i) the requirements of the CMR will take priority over anything stated in these Conditions that is in contradiction with any provisions of the CMR; and
(ii) the Carrier’s responsibility for the loss of, damage to, or late delivery of the Goods shall be restricted in accordance with the CMR, which will regulate the Carrier’s liability and determine its scope.
(b) In the event that the Warsaw Convention of 1929 (referred to herein as the “1929 Convention”) or the Warsaw Convention as revised at the Hague in 1955 (referred to herein as the “1955 Convention”) applies to the shipment of the Goods:
(i) in the event that any provision of these Conditions is found to be in conflict with any provision of either the 1929 Convention or the 1955 Convention (as the case may be), the provisions of the applicable Convention shall be given preference; and
(ii) The responsibility of the Carrier for the loss of or damage to the Goods or for late delivery of the Goods shall be controlled by and restricted in accordance with the 1929 Convention or the 1955 Convention (depending on which convention is applicable), as applicable.
(c) If the Customer intends to export the Goods, they are responsible for providing accurate and full paperwork that is necessary for customs clearance before the shipment may begin in transit.
(d) The Customer is responsible for indemnifying and keeping the Carrier indemnified against any costs, expenditures, liabilities, injuries, losses, damages, claims, demands, actions, or legal bills and judgements that we incur as a consequence of the following events:
(i) the Customer does not supply the Carrier with the documentation that is required by Condition 36(c);
(ii) any claims made by HM Customs and Excise in regard to dutiable commodities that have been committed in bond; and
(iii) any claim brought forward by HM Customs and Excise in accordance with Section 30(10) of the Value-Added Tax Act of 1994.
The Customer acknowledges and agrees that the provisions in these Conditions excluding or restricting the liability of the Carrier or allowing the Carrier to perform obligations differently or not at all are reasonable having regard to, among other things, the existence of other suppliers of similar services that the Customer had access to prior to entering contractual relations with the Carrier. In addition, the Customer acknowledges and agrees that the provisions in these Conditions allowing the Carrier to perform obligations differently or not at all are reasonable.
The parties agree that any and all agreements between the Carrier and the Customer will be governed by English law and interpreted in accordance with that law. Furthermore, the parties submit to the exclusive jurisdiction of the English courts by this agreement.