• “Carrier” means MM Deerin Transport Ltd, which, unless the context requires otherwise, includes any subcontractor appointed by the Carrier.
• “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, which shall be made subject to these Terms and Conditions.
• “Consignee” means the person, company or representative of the company to whom the Carrier contracts to deliver the Consignment.
• “Consignment” means any item or items the Carrier carries for the Customer at one time in one load or from one address to another in bulk or contained in one parcel, package, container or envelope, as the case may be, or any separate number of parcels, packages, containers or envelopes sent at one time in one load by or for the Customer from one address to one address. For the avoidance of doubt, the expression “goods” shall include papers and documents other than those expressly excluded in these Terms and Conditions.
• “Dangerous Goods” means dangerous substances as defined in the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992 (and any amendment or replacement thereof), explosives, radioactive substances and any other substance presenting a similar hazard or anything the Customer asks the Carrier to deliver that could put the health and safety of other people at risk.
• 2.1 These Terms and Conditions cannot be changed or varied unless a director of the Carrier agrees in writing.
• 2.2 The Carrier is not a common carrier and accepts at its sole discretion Consignments for carriage under these Terms and Conditions.
3. Authority and Sub-Contracting
• 3.1 The Customer warrants that he is either the owner of the goods in any Consignment or is authorised by the owner to accept these Terms and Conditions on the owner’s behalf.
• 3.2 The Carrier and any other carrier employed by the Carrier may employ the services of any other carrier for the purposes of fulfilling the contract in whole or in part and the name of every such other carrier shall be provided to the Customer upon request.
• 3.3 The Carrier contracts for itself and (subject to paragraph 3.4) as agent of and trustee for its servants and agents and all other carriers referred to in paragraph 3.2 above and such other carriers’ servants and agents.
• 3.4 Notwithstanding paragraph 3.3, 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 terms and conditions of the rail, shipping, inland waterway or air carrier contracted to carry the Consignment.
4. Dangerous Goods
• Dangerous Goods must be disclosed by the Customer in advance and if the Carrier agrees to accept them for Carriage they must be classified, packed and labelled in accordance with the statutory regulations for the carriage by road of the substance(s) declared. Transport Emergency Cards (“Tremcards”) or information in writing in the manner required by the relevant statutory provisions or by the relevant body authorised by statute to make regulations must be provided by the Customer in respect of each substance and must accompany the Consignment.
• 5.1 Unless the Carrier has agreed in writing to the contrary with the Customer:
◦ 5.1.1 The Carrier shall not be under any obligation to provide any plant, power or labour required for loading or unloading the Consignment, other than that carried by the vehicle used by the Carrier;
◦ 5.1.2 The Customer warrants that any special equipment required for loading or unloading the Consignment that is not carried by the Carrier’s vehicle will be provided or procured by the Customer;
◦ 5.1.3 The Carrier shall be under no liability whatsoever to the Customer and the Customer shall indemnify and hold harmless the Carrier for any damage, however caused, if the Carrier is instructed to load or unload any goods requiring special equipment if such equipment has not been provided or procured by the Customer.
• 5.2 The time specified in the Contract for delivery of the Consignment is not of the essence and delivery times are estimated and not guaranteed. The Carrier will use all reasonable endeavours to ensure that the consignment is delivered by the estimated time but the Carrier shall not be liable to the Customer, or be in breach of the Contract, for any delay in delivery howsoever caused.
6. Consignment Notes
• The Carrier shall, if so required, sign a document prepared by the Customer acknowledging 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.
• 7.1 Transit shall commence when the Carrier takes possession of the Consignment, whether at the point of collection or at the Carrier’s premises.
• 7.2 Where the Carrier at the request of the Customer loads a consignment on one day for delivery on the next working day so that the Consignment is stored in a vehicle, transit shall commence and storage shall be deemed to end when the vehicle begins delivery.
• 7.3 Transit shall (unless otherwise previously determined) end when the Consignment is tendered at the usual place of delivery at the Consignee’s address PROVIDED THAT:
◦ 7.3.1 If no safe and adequate access or, if applicable, no adequate unloading facilities there exist, then transit shall be deemed to end at the expiry of one hour after notice by telephone of the arrival of the Consignment at the Carrier’s premises has been given to the Customer;
◦ 7.3.2 When for any other reason whatever a Consignment cannot be delivered or when a Consignment is held by the Carrier to “await order” or upon any like instructions and such instructions are not given or the Consignment is not called for and removed within a reasonable time determined by the Carrier, then transit shall be deemed to end at the expiry of such reasonable time.
8. Undelivered Or Unclaimed Goods
• 8.1 Where the Carrier is unable for any reason to deliver a Consignment to the Consignee or as he may order, or when by paragraph 7.2 above transit is deemed to be at an end, the Carrier may sell the goods comprising the Consignment. 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 Consignment 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 the Consignment.
• 8.2 Notwithstanding the generality of paragraph 8.1 above, the Carrier shall use his reasonable endeavours to obtain a reasonable price for the Consignment and the Carrier’s power of sale shall not be exercised where the name and address of the Customer or of the Consignee is known unless the Carrier shall use its reasonable endeavours to give notice to the Customer and 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.
• 9.1 Customers who are consumers have a right to cancel the Contract with the Carrier within seven working days of conclusion of the Contract. The seven day period begins the day after conclusion of the Contract. Conclusion of the contract means when the parties have entered into a legally binding agreement but, in relation to this clause, performance of the Contract has not yet commenced.
• 9.2 In order for a consumer to cancel an order, the Carrier must be notified by telephone, email or in writing to its contact address within this 7 day period. A refund of any monies paid for the Contract will be made within 30 days of cancellation. If the price of the Contract has been paid by credit or debit card, the credit or debit card account will be re-credited as soon as possible and in any event within the above 30 day period.
• 9.3 If performance of the Contract has already commenced within 7 working days of conclusion of the contract then the right to cancel is lost in accordance with Regulation 10 of the Consumer Protection (Distance Selling) Regulations 2000. Performance of the Contract will be deemed to have commenced when the Consignment has been collected from the Customer.
10. Carrier’s Charges
• 10.1 The Carrier’s charges shall be made in accordance with its tariff current at the time of performance of the Contract. The Carrier will prepare invoices at least once a month, or charge the Customer’s credit or debit card account with the relevant amount. The Carrier at its absolute discretion may withdraw credit facilities at any time and the balance outstanding shall become due immediately on demand.
• 10.2 The prices on the Carrier’s tariff are exclusive of any additional charges that the Carrier incurs on behalf of the Customer, examples of which include (but are not limited to) the weight and size of the Consignment being more than advised by the Customer, failed collection charges, waiting time, re-delivery, return to sender and customs charges. The Carrier reserves the right to charge these further charges to the Customer’s credit card or add them to the invoice to the Customer.
• 10.3 The Carrier’s charges shall be payable by the Customer without prejudice to the Carrier’s rights against the Consignee or any other person. Without prejudice to the generality of the foregoing, when goods are consigned “carriage forward”, the Customer shall not be required to pay such charges unless the Consignee fails to pay after demand has been made by the Carrier for the payment thereof and such demand has not been paid within the time stipulated by the Carrier to the Consignee.
• 10.4 Charges shall be payable on the expiry of any time limit notified to the Customer (whether on any invoice or otherwise) or failing such notification 30 days after the date of the relevant invoice and the Carrier shall be entitled to interest at 8% above the Official Dealing Rate of the Bank of England for the time being calculated on a daily basis on all amounts overdue to the Carrier. Any queries as to the correctness of the invoice must be made in writing within fourteen days of issue of the invoice otherwise it will be payable in full.
• 10.5 Except where any quotation states otherwise, all quotations given based on a weight charge shall apply to the gross weight of the Consignment.
• 10.6 Unless stated otherwise, all charges quoted are exclusive of Value Added Tax.
• 10.7 All sums due to the Carrier shall be paid without deduction, set-off or abatement and the customer shall not withhold or defer any payment on account of any claim or counterclaim and acknowledges that any such claim or counterclaim whatsoever by the Customer against the Carrier must be subject to separate proceedings.
11. Liability For Loss And Damage
• 11.1 The Customer shall be deemed to have elected to accept the terms set out in paragraphs 11.2 and 11.3 below unless, before the transit commences, the Customer has agreed in writing that the Carrier shall not be liable for any loss or misdelivery or damage to the Consignment 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.
• 11.2 Save where the Customer has made specific arrangements for insurance with the Carrier prior to commencement of transit of the Consignment (as determined in accordance with Clause 7.1), the Carrier shall not be liable for any loss or misdelivery or damage to bullion, money, travellers cheques, documents of any type, credit/debit/store cards, gift vouchers, securities, promissory notes, stamps, photographs or their negatives, pictures, other works of art, designs, drawings, art work, statues and other objects d’art, jewellery, ceramics, precious stones, gold, silver, platinum and other precious metals, non-ferrous metals, antiques, watches, valuables, furs, leathers, skins and the like, drugs, human remains, nuclear fuel or nuclear waste, cassettes, videos, liquids, foodstuffs, tobacco and cigarettes, brittle/fragile/breakable articles, livestock, plants or perishables, marine invertebrates (coral), vehicle panels, glass or wood or items containing glass or wood, mobile or satellite phones, PDA’s and multi-purpose devices, satellite navigation and speed camera detection or warning equipment, games consoles and portable electronic games, computer/telephony and peripheral equipment of every description, photographic equipment of every description, audio, visual and audio-visual equipment or accessories, furniture, white goods (eg refrigerators, freezers, dishwashers, cookers, clothes dryers and washing machines), household goods, building materials, personal effects, second hand items, faulty or damaged items, items purchased or sold from auction sites/shops or items of a like nature to any of the foregoing and the Customer shall indemnify and hold harmless the Carrier in respect of any loss or damage caused in respect thereof to any person whatsoever. In addition, the Carrier shall not carry any passengers under any circumstances.
• 11.3 The Carrier shall not be liable in respect of any loss or misdelivery of or damage to any Consignment if the same has arisen from:
◦ 11.3.1 Acts of God;
◦ 11.3.2 Any consequences of war, invasion, act of foreign enemy, hostilities (whether war or not), civil war, rebellion, insurrection, military or usurped power of confiscation, requisition or destruction of or damage to property by or under the order of any government or public or local authority;
◦ 11.3.3 Seizure or forfeiture under legal process;
◦ 11.3.4 Act, omission, misstatement or misrepresentation by the Customer or other owner of the Consignment or by servants or agents of either of them;
◦ 11.3.5 Inherent liability to wastage in bulk or weight, defect or inherent defect, natural deterioration or fragility of the Consignment (notwithstanding that it may be marked “Fragile”);
◦ 11.3.6 Insufficient or improper packing;
◦ 11.3.7 Insufficient labelling or addressing;
◦ 11.3.8 Riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labour from whatever cause;
◦ 11.3.9 The Consignee not taking or accepting delivery within a reasonable time after the Consignment has been tendered;
◦ 11.4 Collections and deliveries where the Sender or Consignee is not present and the Customer has provided instructions for a Consignment to be collected from, or delivered to, an alternative location either on or nearby the premises, or to a neighbouring property;
◦ 11.4.1 The Carrier shall not in any circumstances be liable for loss or damage to the Consignment after transit of such goods is deemed to have ended within Clause 7 above, whether or not caused or contributed to directly or indirectly by any act, omission, neglect, default, or other wrong doing on the part of the Carrier.
• 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 Consignment or any part thereof or the servants or agents of either of them in respect of that Consignment, unless the fraud has been contributed to by the complicity of the Carrier or of any servant of the Carrier acting in the course of his employment.
13. Limitation Of Liability
• 13.1 The liability of the Carrier for loss of or damage to any Consignment using the Carrier’s Time Critical, Non-Standard Economy & Out of Hours delivery services shall be limited to a maximum of ten thousand pounds sterling (£10000.00) provided that where the Customer has arranged its own transit insurance cover and/or is itself in the business of carrying or arranging to carry Goods for reward and/or in respect of goods as referred to in Clause 4 the liability (if any) of the Carrier shall not exceed a sum at the rate of £10 per kilogram on the gross weight of the goods or the value of the goods or the Customers own level of liability (whichever is the less) whether such loss or damage was due to the fault or negligence of the Carrier or its servants, agents or employees or otherwise.
• 13.2 The liability of the Carrier for loss of or damage to any Consignment using the Carrier’s UK Overnight delivery service shall be limited to a maximum of £15 per kilogram on the gross weight of the goods up to £150.00 or the Customers own level of liability (whichever is the less) whether such loss or damage was due to the fault or negligence of the Carrier or its servants, agents or employees or otherwise.
• 13.3 The liability of the Carrier for loss of or damage to any Consignment using the Carrier’s UK & Ireland Freight delivery service shall be limited to a maximum of £1300 per tonne on the gross weight of the goods up to £150.00 or the Customers own level of liability (whichever is the less) whether such loss or damage was due to the fault or negligence of the Carrier or its servants, agents or employees or otherwise.
• 13.4 For International movements such as Exports, Imports & Overland deliveries the liability will be restricted to the amount of cover provided by our nominated agent but not exceeding £150.00.
• 13.5 Subject to the limits of liability at clauses 13.1, 13.2, 13.3 & 13.4 above the liability of the Carrier in respect of claims for loss or damage to goods comprising the Consignment howsoever sustained shall in all circumstances be limited to the value of the Consignment or part-Consignment actually lost or damaged which shall be the lesser of the price paid for those goods by the Customer or the reasonable second-hand value of the goods actually lost or damaged taking into account fair wear and tear and reasonable depreciation applicable to them but, in any event, not less than 25% annual depreciation. For the avoidance of doubt, the liability of the Carrier does not extend to the replacement value of the Consignment or part-Consignment actually lost or damaged.
• 13.6 If delivery has been carried out by a subcontractor Same-day Dispatch Services will place a claim on behalf of the Customer to the Carrier who shall pay compensation to the Customer for loss of or damage to a Consignment.
• 13.7 The Carrier shall have no liability to the Customer for any loss or damage of any nature including (but not limited to) loss of profit and indirect or consequential loss arising from any breach of any express or implied warranty or condition of the Contract or any negligence, breach of statutory or other duty on the part of the Company or in any other way out of or in connection with the performance or purported performance of or failure to perform the Contract except: – for death or personal injury resulting from the Company’s negligence; and as expressly stated in these conditions.
• 13.8 The Carrier shall be entitled to receive written proof of the value of the Consignment damaged or lost and shall be afforded by the Customer a reasonable opportunity to inspect the Consignment when delivery has been effected to the Consignee.
• 13.9 The Carrier shall only be liable for loss or damage to the Consignment if the recipient signs the delivering driver’s paperwork or personal data terminal (PDT) with written comment stating “missing goods” or “damaged” if that is the case, otherwise it will be considered that the Consignment has been delivered complete and in good condition.
14. Time Limits For Claims
• All claims must be notified by emailing the carrier after delivery of the shipment or within 48 hours of the date the shipment should have been delivered. The requested supporting documentation must then be received at the Carriers email address being email@example.com within 7 days after the commencement of transit as determined above.
15. Indemnity To The Carrier
• 15.1 The Customer shall indemnify the Carrier against:
◦ 15.1.1 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 Consignment or by any servant or agent of either of them, insufficient or improper packaging, labelling or addressing of the Consignment or fraud;
◦ 15.1.2 All claims and demands whatsoever by whomsoever made in excess of the liability of the Carrier under these Terms and Conditions;
◦ 15.1.3 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;
◦ 15.1.4 All claims made upon the Carrier by H M Customs & Excise in respect of dutiable goods consigned in bond whether or not transit has ended or been suspended.
• The Carrier shall have a general lien against the Customer, where the Customer is the owner of the Consignment, for any monies whatever due from the Customer to the Carrier. If such a lien is not satisfied within a reasonable time, the Carrier may at its absolute discretion sell the Consignment or part thereof, as agent for the Customer and apply the proceeds towards monies due and the expenses of the retention, insurance and sale of the Consignment and shall, while accounting to the Customer for any balance remaining, be discharged from all liability whatsoever in respect of the Consignment. Where the Customer is not the owner of the Consignment, the Carrier shall have a particular lien against the said owner, allowing the Carrier to retain possession, but not dispose of, the goods against monies due from the Customer in respect of the Consignment.
17 Unreasonable Detention
• The Customer shall be liable for the cost of unreasonable detention of any vehicle, trailer, or other item of the Carrier, but the rights of the Carrier against any other person shall remain unaffected.
18. Impossibility of Performance
• The Carrier shall be relieved of its obligation to perform a Contract to the extent that performance is prevented by the failure of the Customer, fire, weather conditions, industrial dispute, labour disturbance or cause beyond the reasonable control of the Carrier.
19. Computation of Time
• In the computation of time, where any period of days provided by these Terms and Conditions is 7 days or less, Saturdays, Sundays and all Bank/Public Holidays shall be excluded.
20. Governing Law and Jurisdiction
• These Terms and Conditions and all Contracts shall be governed by and construed in accordance with the Laws in Scotland and any proceedings in relation thereto shall be subject to the exclusive jurisdiction of the Scottish Courts.
• In the event of a dispute the contracting parties may agree to seek arbitration.