Legal

Urgent Forwarding Limited undertake all business in accordance with these Conditions of Trading which detail our credit terms as well as liabilities.
Our liability in accordance with these conditions is limited to a maximum of £15.00 per kg with a limit of 100kg per delivery. This is excluded according to certain circumstances and varied limits may apply if journeys are made outside of the British Isles.
We cannot be held responsible for any losses of profit, losses of customer, market or opportunity or any type of direct or indirect loss or consequential damage.
If you have an account with us then payment is due by the 30th day after the invoice date and no later.
If you do not adhere to our credit terms we will exercise our statutory rights, claiming for compensation, interest and all debt recovery costs in accordance with legislation referring to late payment.

Conditions Of Trading

1. When we refer to ‘the carrier’ we mean Urgent Forwarding Limited.

2. The term ‘goods’ refers to any form of property that is tangible such as documents, packaging, containers that goods are held in etc.

3. ‘Customer’ refers to any person, firm, corporation, company or similar who has consigned goods. This also includes their agents.

4. ‘Territorial Limits’ refers to anywhere between England, Wales, Scotland, Northern Ireland, Channel Islands, Isle of Man and Eire and includes all sea crossings.

5. All business undertaken and service or advice given by the Carrier, whether subject to charge or not, is subject to these Conditions. Any customer’s terms & conditions will only be deemed effective to the extent in which they are not consistent with these said Conditions. Customers who object to these Conditions must inform the carrier in writing and this will only be valid if accepted by the Carrier’s Director or General Manager.

6. Any employee, officer or agent of the Carrier does not have authority to make a verbal or written promise, warranty or any form of representation with regard to the carrier’s business or service if it is inconsistent with these conditions. In this regard the Customers waives all of their rights which may arise by relying upon the same. Only a Director/General Manager of the Carrier has any authority to vary these Conditions and then only to the extent that any variation is expressed in writing.

7. If there is any conflict between these Conditions and any marketing or sales brochures used by the Carrier then these Conditions will always prevail.

8. At any time the Carrier can decline to provide services to Customers in relationto Goods as it determines in absolute discretion.

9. The Customer confirms that they are the owner/authorised agent of the Goods and that they are authorised to accept these Conditions for themselves and as an agent on behalf of anyone who may have an interest in the Goods.

10. The Customer guarantees that the consignment will be securely wrapped/packed and labelled, will be safe to be carried or stored, will comply with all statutory regulations for carriage by road, rail, sea or air and for mechanical handling and sorting as required.

11. The Customer guarantees that the Goods do not comprise any type of weapon, controlled drugs/substances, ammunition, industrial chemicals, or hazardous, noxious, dangerous, unlawful explosive or inflammable items of any sort or any items which cannot be stored, carried or collected imported/exported into or from any country or place without the need for permission, licence or declaration from any type of regulatory/statutory body. The customer is liable for all loss/damage that may occur in connection with these Goods described and without prejudice to the Carrier against claims, damages, fines, penalties, losses or costs/expenses whatsoever arising in connection therewith. Without prejudice to the Carrier’s rights shown in these Conditions, Goods may be destroyed, surrendered or dealt with in any way by the Carrier or any other person in whose custody they may be without any liability on the part of the Customer or Carrier.

12. Taking into account any written instructions that may be presented by the Customer, the Carrier has full discretion when it comes to the route, means and procedure to be taken with regard to the storage, handling and transportation of the Goods. If in the Carrier’s opinion it becomes necessary to depart from written instructions, they will be at full liberty to do so.

13. Quotations and invitations given by the Carrier with regard to the use of their services are provided on the basis of prompt instruction being provided by the customer and shall only remain valid for 7 days if they are not cancelled, revoked or withdrawn by the Carrier. Once the Customer gives instructions this shall be regarded as an offer, forming a contract between the parties and governed by these Terms & Conditions. The customer will then pay the carrier the set charges for the business to be undertaken, irrespective of whether the Customer later revokes or withdraws their instruction or makes it hard for the Carrier to carry out their obligations unless the Carrier has agreed otherwise in writing.

14. A) Invoices are to be paid within 30 days of the invoice date and if payment is not received by then, interest and other charges can be added in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 or any statutory amendment/substitute of that Act. B) Any delay or failure with regard to us exercising our rights shall not be seen as a waiver of these rights nor shall it indicate that we will not exercise these rights in the future according to the law and time limits.

15. Unless there are special arrangements made and agreed in writing then the Carrier is not able to deal with bullion, cash, precious stones/jewellery, valuables, glass/fragile items, antiques, pictures, livestock/plants. The Customer should not provide any of these items to the Carrier to cause them to deal with such items unless special arrangements have been made. Unless agreed the Carrier will not accept any liability in connection with such Goods or loss or damage. The Customer must ensure that any Goods will be able to be collected lawfully and then stored/carried/delivered or exported/imported into/from any country/region without delay and will say the Carrier is harmless with regard to all fines/claims/penalties/losses/expenses at all arising in any way that it may incur if laws or regulations are breached by the Customer via act or omission of the Carrier performing services with regard to said Goods.

16. It is the Customer’s responsibility for the Goods to be checked when received.

17. Queries with regard to the performance and obligations of the Carrier with regard to these Conditions and price, payment of invoice, loss, non-delivery, damage etc. to the goods shall be made in writing to the Carrier within 7 days of the customer becoming aware of the occurrence and shall be quantified in writing with 28 days and any rights of the Customer in relation to a query not notified shall be deemed waived unless they can show they could not possibly comply with the time limits and have made the query known as soon as they could.

18. The Carrier cannot be held liable or responsible for any loss or damage or delay due to:
a) Act of God including adverse weather, fuel or power shortages b) war, invasion, attack, hostility, insurrection, military intervention, confiscation, requisition, destruction/damage to property c) riots, civil commotion, strikes, lock-outs, stoppage of labour d) legal process of seizure e) act or omission of the Customer or those to whom he is contracted f) liability to wastage in bulk/weight, defect or natural deterioration of said Goods g) improper/insufficient packing of the Goods unless agreed in writing that the Carrier shall do the packaging h) improper/insufficient labelling of the Goods unless agreed in writing that the Carrier shall do the labelling i) addressee of the Goods not accepting delivery within 28 days of the receipt of notice of non-delivery j) marine risks k) act or omission of any independent contractor where due to breach by Customer of these Conditions and where this causes Carrier to be relived from liability it shall be without prejudice to claims against the Customer by the Carrier.

19. The Carrier may deliver the Goods at the said address by presenting them to anyone who may appear to be authorised to accept them or the Carrier may leave the goods at the address if it appears to be suitable for delivery and the Carrier will be favoured as against the Customer to have sufficiently performed their obligation unless otherwise instructed by the Customer in writing.

20. The Carrier may require acknowledgement of delivery of said Goods to be given at any point and receipt if given by a person appearing to be authorised shall form good receipt and will be conclusive evidence as to the correct delivery of the goods with regard to these Conditions.

21. The Carrier may retain the Goods if impossible to make delivery to the said addressee or obtain confirmation of delivery and to try as soon as practical to deliver the goods or issue to the Customer a notice of non-delivery (without prejudice to the Carrier’s right to claim payment of charges payable by the Customer if delivery was made) the Customer will reimburse the Carrier expenses incurred and pay the Carrier standard additional charges as due.

22. If the Carrier cannot deliver the Goods and they are not claimed by the Customer within 28 days of notice of non-delivery is provided to the Customer then the Carrier may destroy/sell the Goods as if they are the owner and pass title to the purchaser.

23. The Carrier will have a general lien on any Goods for charges for carriage and storage and for anymoney due to the Carrier from the Customer and in default of payment of monies due to the Carrier from the Customer on any account and the Carrier may sell the Goods as if they are the owner and pass title to the purchaser applying proceeds of the sale towards monies due from the Customer.

24. Should the Customer engage the services of any employee of the Carrier within 12 months then the Carrier can charge a fee for the introduction of that employee of 15% plus VAT of the annual salary of the employee calculated by the amount earned during the last month of employment. The customer will pay the same upon demand.

25. a) Instructions provided to the Carrier by phone otherwise than as to the customer’s identity, the goods and collection and delivery addresses shall not give rise to any duty of care by the Carrier whether the telephone instructions are observed by the Carrier b) The Carrier shall only be liable for any non-compliance/mis-compliance with instructions given unless due to negligence or default of the Carrier c) when providing suggestions as to the transportation means, services available and circumstances of carriage or any other guidance to help the Customer the Carrier shall be seen to do so for information only and without giving any warranty or promise and without any duty of care to the customer.

26. The Carrier will make all efforts to deliver the Goods within a set time as shown in its literature or on the website where it can do but in by saying this they provide no duty of care towards the Customer.

27. The Carrier can offer the Customer a range of services as set out in their schedule and changed as necessary. If the Carrier does not meet the level of service then credit will be given for the difference between the charge quoted and the charge for the actual service received. This will be given as a Credit Note and set against the Customer’s account.

28. The Carrier will have no greater liability to the Customer in contract negligence or otherwise and the remedy to the Customer shall be as shown in the clause above (27) for failing to provide the level of service selected.

29. The Carrier shall have no liability at all for lawful/unlawful holding of goods, consequential loss/damage/deterioration arising except if the Customer has confirmed the nature of the Goods and transit purpose via its General Manager in writing and a time schedule/specification has been agreed and it is proven that such detention/delay, loss/damage or any deterioration was due to the Carrier’s negligence.

30. It is up to the Customer to be satisfied that any load to be carried is suitable for the vehicle or machine to be used and provided by the Carrier. If the customer accepts the vehicle/machine provided by the Carrier then the Carrier shall have no liability at all for loss/damage arising due to unsuitability.

31. The Carrier will only be responsible for loss/damage to Goods or non-delivery if it is proven that this occurred whilst in the custody of the carrier and was due to their negligence.

32. The Carrier is not liable under any circumstances for indirect or consequential damage or loss of profit or opportunity or goodwill lost or incurred by the Customer due to negligence or breach of contract of the Carrier.

33. Notwithstanding these Conditions, if the Carrier is found to have liability to the Customer then they shall not be liable for any claims/costs/damages/losses/expenses incurred or made in excess of the limitations of liability stated within these Conditions, whether or not due to any negligence by the Carrier.

34. These conditions only apply to deliveries carried out within territorial limits: a) subject to the conditions above the liability of the Carrier and with regard to any one consignment of Goods shall be limited to:i) an amount calculated according to the gross weight of the goods and packaging at a rate of£15 per kilo up to a limit of 1000 kilos per consignment and a minimum of £10 or ii) the cost value of the Goods according to the customer iii) the cost of repair of the goods b) if only part of the consignment is lost then liability of the carrier is limited to the lower figure of i) the amount which bears the same proportion to the amount calculated in accordance with the actual value of the lost, damaged or mis-delivered part of the Goods as shown in (34a) or ii) the cost of repairs

35. For international deliveries: a) where the International Carriage of Goods by Road (CMR) applies to the delivery of any Goods: ii) if anything inthese Conditions conflicts with the CMR, the CMR will take precedence ii) the Carrier’s liability for loss/damage/ late delivery of Goods will limited by the CMR. b) Where the Warsaw Convention 1929 (1929 Convention) or the Warsaw Convention as amended in 1955 (1955 Convention) applies to the Goods delivery i) if anything contained in these Conditions conflicts with the 1929 or 1955 Convention then the Convention will take precedence ii) the Carrier’s liability for loss/damage/late delivery of the Goods will be governed/limited in accordance with the 1929 or1955 Convention c) where Goods are being exported the Customer must supply correct/complete documentation for customs clearance at the start of transit d) The Customer will indemnify the Carrier against any cost/ expenses/liabilities/ injuries/losses/damages/claims/proceedings/legal costs/judgments which may occur due to:i) the Customer failing to provide the Carrier with the documentation specified in condition 35(c) or ii) claims made by HM Customs and Excise for dutiable goods consigned in bond iii) claims made by HM Customs and Excise under Section 30(10) of the VAT Act 1994.

36. The Customer agrees that these Conditions which exclude/restrict liability of the Carrier or allowing them to perform obligations differently are reasonable with regard to the existence of other suppliers offering similar services available to them before entering into a contract with the Carrier.

37. All agreements between the Carrier and Customer shall be governed in accordance with English Law and subject to the jurisdiction of the English Courts.