The following sets out TradeWinds Logistics Limited legal responsibilities as a carrier:
All and any business undertaken, including any advice or information given, or service provided whether gratuitously or not is transacted subject to the condition hereinafter set out and each Condition shall be deemed to be incorporated in and to be a Condition of any agreement between TradeWinds Logistics Limited (hereinafter ‘The Company’) and its customers.
In these conditions of trading (hereinafter called ‘these conditions’) the expression ‘the Company’ means and (unless the context precludes the same) includes the Company’s servants, agents and any person or persons carrying passengers or goods under the contract with the Company. ‘Customer’ means any person who contracts for the service of the Company and includes the Customer’s servants or agents or any persons carried as passengers on behalf of the Customer. TWL is not a common carrier and will accept goods for carriage only on these conditions. No agent or person employed by or under contracts with the Company has any authority to alter or vary in any way these conditions unless (previously) expressly authorised to do so by the Company, in writing. If any legislation is compulsory applicable to any business undertaken these conditions shall as regards such business be read as subject to such legislation and nothing in these conditions shall be construed as a surrender by the Company of any of its rights or immunities or as an increase of any of its responsibilities or liabilities under such legislation and if part of these conditions be repugnant to such legislation to any extent such part all as regards such business be void to that extent but no further.
Customers entering into transactions of any kind with the Company for the carriage of goods expressly warrant that they are either owners or the authorised agent of the owners of any goods to which the transaction relates and further warrant that they are authorised to accept and are accepting these conditions not only for themselves but also as agents for and on behalf of all other persons who are or may thereafter become interested in the goods. Any instructions or business accepted by the Company may in the absolute discretion of us, be fulfilled by ourselves or by our own servants performing part of all the relevant services or by us employing or entrusting the carriage of goods or passengers to others to perform part or all the services. Subject to express instructions given by the Customers, the Company 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. Further, if in the opinion of us, it is at any stage necessary in the Customer’s interest to depart from those instructions, the Company shall be at liberty to do so TWL warrants that all goods entrusted to us for carriage have been properly labelled and prepared.
All offers and quotations by the Company for its services are given on the basis of prompt acceptance by the Customer and shall only remain open for acceptance for the period of seven days unless revoked withdrawn or verified by the Company prior to such acceptance. All credit accounts (subject to approval) are rendered at such periodic intervals as shall be the Company’s policy from time to time and are subject to settlement within thirty (30) days of the date of invoice. Where payment is not received by that date, any offer made by the Company to give credit or discount for prompt payment will automatically be deemed to be withdrawn and the Company reserves the right to impose a surcharge on all outstanding balances at the rate of two per cent (2%) per month. The Company shall only be responsible for any loss or damage to goods for any non-delivery or miss-delivery if it is proved that the loss, damage, non-delivery was due to the negligence or default of the Company and in the event of the Company providing transport for a Customer of both a passenger and goods, the carriage of such goods and personal effects or any passenger shall be solely at the risk of the Customer and the Company shall incur no liability of any kind in respect thereof. The Customer is advised to insure against such risks.
Any claim related to loss, damage or delay of a consignment shall be made directly to TWL immediately upon delivery in case of visible damage or no later than 7 days in case of non-visible damage. In case of delay the claim shall be made to TWL no later than 10 days of the delivery of the delayed consignment.
The Company shall only be liable for non-compliance or in-compliance with instructions even if it is proved that the same was caused by the negligence of default of the Company. It shall be the responsibility of the Customer to satisfy himself that any load that he wishes to have carried by the Company is suitable for conveyance in the vehicle offered by the Company for the carriage of such load. The Company will accept no liability whatsoever for any loss or damage to such load arising from the unsuitability of the vehicle. The Customer shall have specified to the Company the nature of the goods and purpose of their transit and the Company shall have agreed, in writing with the Customer, a time schedule and specification in respect of the transit of the said goods. Since the Company is unable to assess the cost to a Customer of the loss or damage of any goods, in no case whatsoever shall any liability of the Company however arising and notwithstanding any lack of explanation exceed the value of the relevant goods or £1000.00 whichever is the lesser. If the relevant goods have any extra intrinsic value to customer or the customer would suffer consequential losses in the event of their loss or damage, then the customer is advised to insure against such risks and losses since the Company is unable to warrant that its own insurance cover will be applicable to such loss or damage or (if applicable) extend to cover any sums claimed.The Company shall not be liable for loss or damage to any part of any consignment of goods (whether one or more packages) or for the loss or non-delivery of the whole of any consignment of goods or for damage delay or detention thereof or any part thereof however caused unless we are advised thereof in writing of the fact of the loss or damage or miss-delivery (whatever the case may be) within 7 days of the loss or damage occurring and a quantified claim is made in writing within 28 days of the occurrence. The Company will not accept or deal with any noxious, dangerous, hazardous or inflammable or explosive goods likely to cause damage. Should the customer nevertheless deliver any such goods to the Company, or cause the Company to handle or deal with any such goods, he shall be liable for all loss or damage whatsoever caused by or in connection with the goods however arising and shall indemnify the Company against all penalties, claims, damage costs and expenses whatsoever arising in connection therewith and the goods may be destroyed or otherwise dealt with at the sole discretion of the Company by any other person in whose customer they may be at the relevant time. Except under special arrangement, previously made in writing, the Company will not accept or deal with bullion, coins, precious stones, jewellery, valuable antiques, pictures (excluding commercial artwork), livestock or plants. All sums shown to be due to the Company on its invoices sent to the Customer shall be paid to us immediately when due without any deductions and payment shall not be withheld or deferred on account of any claim, counterclaim or set-off. The Company shall have a special lien on all goods for changes on such goods and shall also have a general lien against the owner of any such goods for any monies on account due from such owner to the Company. If any lien is not satisfied within a reasonable time, the Company may at its absolute discretion, sell the goods concerned and apply the proceeds in or towards discharge of the lien and the expenses of the sale. No variation, extension or cancellation of these conditions shall be binding upon the Company, unless and until it is confirmed in writing, duly authorised to negotiate or enter into any commitment on behalf of TWL, the effect of which would or might (but for this present clause) invoice the Company in any legal liability whatsoever. All agreements between the Company and its Customer shall be governed by English Law and be within the exclusive jurisdiction of the English Courts.