Kings Logistics Services. Ltd terms & conditions

171 Slade Road

Holland-on-Sea

Clacton-on-Sea

Essex CO15 5EG

Kings Logistics Services Ltd
Terms and conditions

(For use up to 3.5ton vehicle only, for 7.5ton –
Articulated vehicles please refer to the Kings
Logistics Services Ltd Plus – Conditions of carriage)

1.DEFINITIONS

Account means a Customer account registered with the Carrier
containing Customer-specific information, including but not limited
to a Customer’s name, contact information, payment card details
and Booking history.
Credit Account Booking means a Booking made by a Customer with
an Credit Account facility provided by Kings Logistics Services Ltd.
Booking means a booking for the carriage of a Consignment placed
by a Customer with the Carrier via telephone, email or Online
Carrier means Kings Logistics Services Ltd Limited.

CMR Convention means the United Nations Convention on the
Contract for the International Carriage of Goods by Road.
Conditions means these conditions of carriage, which shall apply to
the contract of carriage between the Customer and the Carrier.
Consignee means the person to whom the Carrier delivers the
Consignment.
Consignment means goods or property, whether or not contained in
separate parcels, packages, containers or envelopes including any
paper and documents, to be delivered by the Carrier for the
Customer to the Consignee.
Customer means the legal or natural person who contracts for the
services of the Carrier.
Dangerous Goods means dangerous goods as defined in the
Carriage of Dangerous Goods by Road Regulations 2021 (as
amended, re-enacted or extended from time to time).
Excluded Goods means goods which may be carried by the Carrier
pursuant to clause 3.9 which shall include, without limitation,
precious stones, precious metals, watches, jewellery, glass, furs,
china, art, antiques, prescription drugs, fragile and perishable
goods, money, vouchers, travellers cheques, bearer bonds, bills of
exchange, promissory notes, stamps, photographs, documents of
title to property, bank, credit, pre-pay or other store cards with a
cash equivalent value, spirits, tobacco and cigarettes and any other
goods which the Carrier may at its sole discretion deem to be
valuable.
Pre-Paid Account Booking means a Booking made by a customer
with an account in which payment is to be paid in full prior to the
vehicle being dispatched, either but BACS Transfer, Debit or Credit
Card.

Online means Bookings and Booking enquiries made by the
Customer Online via the Website.

Prohibited Items shall have the meaning ascribed to it in clause 3.9.
Website means the Carriers website located at
www.kingslogisticsservices.co.uk

Working Day means any day other than a Saturday or Sunday or a
public or bank holiday in England.
Value when referring to Goods the amount needed to replace the
items with similar ones or their fair market value, which may relate
to production costs rather than retail prices, ensuring the buyer gets
compensation equal to the original worth.
2.GENERAL
2.1 The Carrier provides an all-encompassing Consignment service
to the Customer, which can include but is not limited to the carriage
of Consignments, a booking service, account management support,
tracking of deliveries, reporting of deliveries, as well as other
features agreed between the Carrier and its Customer from time to
time. The Customer acknowledges that for the carriage element of
its service, the Carrier will engage an employee, agent or
subcontractor.

2.2 The Carrier is not a common carrier and accepts at its sole
discretion the carriage of Consignments subject only to these
Conditions. Subject to clause 2.6 and 2.7, these Conditions shall
apply to the exclusion of any other terms and conditions (including
those of the Customer) unless agreed in writing by a Director of the
Carrier. Subject always to clause 9.2, no employee, agent or
subcontractor of the Carrier is authorised to alter or vary these
Conditions.
2.3 The Customer acknowledges and agrees that the Conditions
excluding or restricting any liability of the Carrier are reasonable

having regard to the existence of alternatives and other carriers
available to it.

2.4 The Customer warrants that it has full power and authority to
enter into and perform its obligations under these Conditions.
2.5 The Carrier reserves the right to withdraw the Website and the
facility to place Bookings Online without prior notice and also to
refuse to accept and/or perform any orders placed thereon.
2.6 The Carrier and Customer acknowledge and agree that the
CMR Convention and the standardised terms and conditions set out
in the CMR Convention shall, to the exclusion of these Conditions,
govern as matter of law any carriage by the Carrier of a
Consignment by road, where the points of collection and delivery of
the Consignment are located in different countries, of which at least
one is a signatory to the CMR Convention. The CMR Convention
shall not as a matter of law govern any carriage of a Consignment
(a) between the United Kingdom, the Republic of Ireland, the
Channel Islands or the Isle of Man; (b) under the terms of any
international postal convention; or (c) in the context of furniture
removal.

2.7 Where a Customer contracts with the Carrier as a consumer in
a private non-commercial capacity, these Conditions shall be read
in conjunction with the terms and conditions set out in Appendix 1.
3.CONSIGNMENT

3.1 Each Booking by the Customer with the Carrier shall be
submitted by the Customer to the Carrier via telephone, email, or
Online.

3.2 The Carrier shall provide the Customer with a quotation for the
carriage of the Consignment in question and such quotation shall
be valid for a period of 7 days or such other period as the Carrier
may specify. The Carrier shall provide written quotations to the
Customer upon request. All Bookings are subject to acceptance by

the Carrier and the Carrier reserves the right to refuse to accept any
Bookings. All Bookings are subject to and governed by these
Conditions, shall be deemed to be a separate and independent
contract and the Carrier reserves the right to amend any Booking at
any time upon notice to the Customer.
3.3 The contract between the Customer and Carrier in respect of a
Booking (the Contract) will be formed when the Carrier confirms
receipt of that Booking. Customers should note that their Booking
will not have been accepted by the Carrier until the time of such
confirmation.
3.4 Additional charges (including, without limitation, time charges for
waiting and/or loading) may be imposed by the Carrier (and the
Customer shall pay such charges) if the Carrier is prevented from
performing its obligations under these Conditions by reason of the
acts and/or omissions of the Customer.
3.5 Unless agreed otherwise by the Carrier, the Consignment shall
only be delivered to the address specified by the Customer at the
time of Booking and the Carrier reserves its right to vary its charges
by written notice to the Customer following any variation of the
delivery address by the Customer.
3.6 All quotations for the Carriers charges are calculated in
accordance with the length of the journey for the shipment, the
dimensions and gross weight of the Consignment and the type of
Consignment service specified in the Booking. The Carrier offers a
range of Consignment services including, without limitation, same
day, overnight and international deliveries. The Carrier will calculate
its quotation to the Customer and charge the Customer based on
the mileage required to undertake the requested journey (as
determined by an industry standard form of measurement and
subject to an agreed tolerance level of [+/-5%] of the total mileage
for the requested journey). Further details of the Carriers charges
and standard Consignment services are available upon request.

3.7 If the Customer requires additional services over and above the
Carriers standard carriage of Consignments, the Customer should
contact the Carrier to discuss this. Whilst the Carrier will take
reasonable steps to fulfil the Customers additional requirements if
the additional services involve supervision, direction or control as to
the manner in which the Carriers services are performed the
Customer must contact the Carrier in advance as the Customer
may be required to agree additional charges in advance with the
Carrier.

Excluded Goods

3.8 If the proposed Consignment contains Excluded Goods, the
Customer must notify the Carrier at the time of Booking as to the
content and value of such Consignment of Excluded Goods and the
Carrier may (in its sole discretion) elect to carry such Excluded
Goods. Except as set out in clause 10.1, the Carrier shall not be
liable to the Customer for any loss, however caused, unless the
Carrier has agreed in writing to the Customer to accept such
liability. The Carrier reserves the right to charge the Customer (and
the Customer shall pay) an additional sum for the carriage of the
Consignment of Excluded Goods and will inform the Customer of
such sum prior to accepting the Booking. If the Customer fails to so
inform the Carrier in accordance with this clause 3.8, such
Consignment will be delivered solely at the Customer’s risk and the
Customer shall indemnify and keep the Carrier indemnified against
any and all losses, damages, claims, liabilities, costs and expenses
(including, without limitation, legal costs and expenses) suffered or
incurred by the Carrier arising out of, or in connection with, the
delivery of the Consignment comprising such Excluded Goods in
whole or in part.
Prohibited Items
3.9 Unless the Carrier has agreed otherwise in advance in writing
specifying any additional terms, charges and limitations on liability

which shall apply, the Customer shall not submit for carriage (and
the Carrier may without any liability whatsoever reject such carriage
at any time upon notice to the Customer) any Consignment which
contains firearms, munitions, inflammable items or other explosives,
livestock or other animals, human remains, any obscene,
defamatory, blasphemous, scandalous or other indecent material,
any item (including, without limitation, drugs or other illegal
substances) which is prohibited or illegal to possess or import into
any country through or into which the carriage of the Consignment
is to take place (the Prohibited Items). If the Customer submits
Prohibited Items as a Consignment (and regardless of whether or
not the Carrier has agreed to carry such Consignment), the
Customer shall indemnify and keep the Carrier indemnified against
any and all losses, damages, claims, liabilities, costs and expenses
(including, without limitation, legal costs and expenses) suffered or
incurred by the Carrier arising out of, or in connection with, the
carriage of the Consignment comprising such Prohibited Items in
whole or in part.

4.DELIVERY

4.1 The Customer shall ensure that the Consignment is secure,
properly packed and labelled in accordance with good practice and
any applicable statutory requirements and is fit and safe to be
carried, stored and transported by road, air, rail or sea as may be
appropriate.
4.2 The Carrier will use all reasonable efforts to collect and deliver
the Consignment within the times specified for collection and
delivery by the Carrier when confirming a Booking but unless
otherwise agreed these are estimates only and time is not of the
essence.
4.3 Unless the Carrier has otherwise agreed in writing with the
Customer:

4.3.1 the Carrier shall not be required to provide any labour or
special equipment for loading or unloading the Consignment, other
than that carried by the vehicle used by the Carrier; and
4.3.2 the Customer warrants that it will provide or procure any
special equipment required for loading or unloading the
Consignment and shall indemnify and hold harmless the Carrier for
any damage to the Consignment or the Carrier, however caused, if
the Carrier is instructed to load or unload any Consignment
requiring special equipment where such equipment has not been
provided or procured by the Customer.
4.4 The Carrier shall under no circumstances be liable to the
Customer for any loss of or damage to:
4.4.1 the Consignment; or
4.4.2 any property of the Customer
in connection with or arising out of:
4.4.3 the Carriers use of any special equipment in the loading or
unloading of the Consignment (other than that carried by the vehicle
used by the Carrier);
4.4.4 the Carriers entry onto the premises of the Customer or
Consignee in the course of collecting or delivering the
Consignment; or
4.4.5 the Carrier otherwise providing to the Customer (whether for
the benefit of the Customer or the Consignee) any services
(whether or not the Customer and/or the Consignee assist in such
provision) that are beyond the scope of the services that would
usually and reasonably be expected of a point-to-point courier
(together the Out of Scope Services).

4.5 The Carrier shall not be required to provide the Out of Scope
Services (in whole or in part) to the Customer (whether for the
benefit of the Customer or the Consignee), unless such provision is
provided for in the Customer’s Booking and confirmed by the
Carrier pursuant to clause 3.3.
4.6 The Customer shall indemnify and keep indemnified the Carrier
and its affiliates, contractors, agents, directors and employees
against all losses, liabilities, damages, claims, actions, proceedings,
expenses and costs (including legal and professional costs) that the
Carrier and/or such related parties suffer or incur arising out of or in
connection with the Carriers provision of the Out of Scope Services
(whether or not the Customer and/or the Consignee assist in such
provision), including but not limited to any claim by the Consignee
that the Carriers provision of the Out of Scope Services has caused
any loss of or damage to the Consignment or the property of the
Consignee.
4.7 The Carrier shall deliver Consignments according to such route
as it in its absolute discretion thinks fit.
5.CONSIGNMENT NOTES

5.1 If required, the Carrier shall sign a document prepared by the
Customer acknowledging receipt of the Consignment but such
document shall not be evidence of the condition, declared nature,
quantity or weight of the Consignment at the time it is received by
the Carrier.
5.2 Subject to clause 5.3, the Carrier shall require written
acknowledgment at the point of delivery of the Consignment and
where the Carrier is unable to obtain such acknowledgment, the
Carrier shall be deemed to have been unable to effect delivery for
the purposes of clause 7.1. Written acknowledgment at the point of
delivery shall be conclusive evidence of proper delivery.
5.3 Where the Customer notifies the Carrier prior to the delivery or
attempted delivery of the Consignment that the Carrier need not

provide to the Customer a signature as proof of delivery of the
Consignment, the Carrier shall be under no obligation to provide the
Customer with the same and the Customer shall be deemed to
have unconditionally and irrevocably waived any and all claims it
may have in respect of the final delivery of the Consignment to the
Consignee. Where a Customer notifies the Carrier that proof of
delivery is not required pursuant to this clause 5.3, the Carrier shall
not be liable to the Customer if it is later claimed by the Consignee
that the Consignment has not been delivered.
6.TRANSIT
6.1 Transit commences when the Carrier takes possession of the
Consignment, whether at the Carriers premises or at some other
point of collection.
6.2 Subject to clause 6.3, Transit by the Carrier shall (unless
otherwise agreed) end when the Consignment is tendered at the
Consignees address provided at the time of Booking by the
Customer.
6.3 Where a Consignment cannot be delivered (for whatever
reason) or is held by the Carrier to await order or further instructions
and such instructions are not given or the Consignment is not
collected within 24 hours of notice being given to the Customer or
such other time as the Carrier may nominate, then transit shall be
deemed to end at the expiry of such time.
6.4 The Carrier shall be entitled to recover its charges in full for any
delivery, which is unsuccessful due to incorrect or inadequate
information provided by the Customer and in addition recover any
expenses or losses it suffered or incurred in attempting to effect
delivery.
6.5 The Customer understands and accepts that the Carrier shall
be entitled to open and examine any Consignment that the Carrier
reasonably considers to be a security or health and safety risk to

the Carrier and to take, at its sole discretion, such appropriate
action thereafter.

7.Undelivered or Unclaimed Goods
7.1 Where the Carrier is unable to effect delivery as requested by
the Customer when making a Booking, or where transit has come to
an end, the Carrier shall use its reasonable endeavours to notify the
Customer and the Consignee of any undelivered or unclaimed
Consignment. Unless the Consignment is collected from the Carrier
by the Customer, or instructions are given for the disposal, onward
carriage or return to the Customer of the Consignment, within 7
days of such notice being given (or such other time as the Carrier
may nominate), title to the Consignment shall transfer to the Carrier
and the Carrier may destroy or sell the Consignment as if it were
the absolute owner. Where a Consignment is returned to the
Customer by the Carrier or a Customer arranges for the onward
carriage and delivery of the Consignment by the Carrier (excluding
any return to the Customer), that return or onward carriage (as the
case may be) shall be at the Customers sole cost and expense and
shall be charged to the Customer (and the Customer shall pay) at
the Carriers standard rates from time to time in force.

7.2 Where the Carrier sells the Consignment to a third party
pursuant to clause 7.1, the Carrier shall use its reasonable
endeavours to obtain a reasonable price for the Consignment and
shall apply the proceeds of sale to the payment of all its proper
expenses and charges suffered or incurred in relation to the
carriage, storage and sale or disposal of the Consignment. Any
proceeds left over shall be paid to the Customer upon which the
Carrier shall be discharged from all liability in respect of the
Consignment. Where the proceeds of sale do not meet or exceed
the total value of the Carriers expenses and changes, the Carrier
shall charge the Customer (and the Customer shall pay) a sum
equal to the shortfall.
8.CANCELLATION

8.1 Subject always to the provisions of this clause 8, the Carrier and
Customer shall each be entitled to cancel a Booking and terminate
the Contract at any time for any reason with immediate effect by
notice to the other.

8.2 Where the Carrier cancels a Booking pursuant to clause 8.1 by
reason of a breach of these Conditions by the Customer, the Carrier
may, without prejudice to any rights or remedies it may have at law
or under these Conditions, charge (and the Customer shall pay) a
reasonable fee for time and effort incurred by the Carrier in
connection with that Booking, up to the full value of the charges
specified by the Carrier in accordance with clause 9.1. The Carrier
further reserves the right to hold the Customer liable for missed
work opportunities caused by a breach of the Conditions and the
cancellation of a Booking pursuant to this clause 8.2.
8.3 In the event of cancellation of any Booking for a Consignment
by the Customer, the Customer shall be liable to the Carrier for the
Carriers charges in full for the carriage of the Consignment. This
clause 8.3 shall apply only to cancel Bookings where the Carrier
has collected the Consignment in question.
8.4 Where the Customer cancels a Booking after the Carrier has
departed to collect the Consignment (but before collection has
taken place), the Carrier may charge (and the Customer shall pay)
a reasonable fee for time and effort incurred by the Carrier in
connection with that Booking, up to the full value of the charges
specified by the Carrier in accordance with clause 9.1. The Carrier
further reserves the right to hold the Customer liable for missed
work opportunities caused by the cancellation of a Booking
following the Carriers departure (but prior to collection).
8.5 Subject to clause 8.6, the Customer has a legal right to cancel
any Booking with immediate effect by written notice to the Carrier
during a 7 Working Day period beginning the day after the date of
the confirmation referred to in clause 3.3.

8.6 The Customer shall not have a right to cancel the Booking
pursuant to clause 8.5 where the Carrier has departed to collect the
Consignment, in accordance with the Customers request, prior to
the expiry of the 7 Working Day period referred to in clause 8.5.
8.7 Where the Customer cancels a Booking pursuant to clause 8.5,
the Carrier shall refund to the Customer all sums paid by the
Customer to the Carrier in connection with that Booking prior to the
date of cancellation as soon as possible and, in any event, within 30
calendar days of cancellation.
8.8 In addition to the provisions in clauses 8.3 and 8.4 if the
Customer cancels a booking after confirmation of acceptance, the
Carrier may charge (and the Customer shall pay) a reasonable fee
for time and effort incurred by the Carrier in connection with that
Booking, up to the full value of the charges specified by the Carrier
in accordance with clause 9.1.
9.CARRIER’S CHARGES

9.1 The Customer shall pay the Carriers charges in accordance
with these Conditions. The charges payable in respect of a Booking
shall be specified by the Carrier as part of the confirmation referred
to in clause 3.3.
9.2 Subject to clause 9.4, payment terms are 14 days from date of
invoice, and any variation to these terms are to be agreed in writing
by an authorised employee of the Carrier. Payment terms may be
extended to 30 days from date of invoice for a Customer who has
signed the necessary consent forms to authorise its bank to make
payment by direct debit.
9.3 The Carriers charges shall be based on its tariff in effect at the
time of carriage of the Consignment and unless payment is made
by credit card, invoice(s) shall be rendered by the Carrier to the
Customer at least once a month. Credit facilities granted to a
Customer may be withdrawn at the Carriers absolute discretion at
any time and the balance outstanding shall become due

immediately on demand. If payment is made by credit card the
Carrier reserves the right to apply an additional charge to cover its
costs of accepting the payment (and the Carrier will tell the
Customer the amount of such charge before making the Booking).
9.4 If at the time of Booking the Customer pays for a Consignment
by credit card, the amount quoted by the Carrier to the Customer at
the time of Booking will be charged to the Customers credit card
wherever reasonably practicable within 24 hours (or such other
period as the Carrier may reasonably determine) of the Carriers
acceptance of the Booking. In the event that any additional charges
are imposed by the Carrier pursuant to clause 3.4 above, the
Customer hereby authorises the Carrier to charge such additional
charges to the Customers credit card wherever reasonably
practicable within 24 hours (or such other period as the Carrier may
reasonably determine) of the Carrier incurring such charges.
9.5 The Carrier reserves the right on 30 days written notice to
increase charges to reflect increases in fuel prices. The Carrier
reserves the right to vary its tariff, because of any change in
business or regulation or any increase in the cost of providing any
services, by giving the Customer not less than 30 days written
notice. If the Customer does not wish to continue to make any
Booking after the date of the changes which take place, it is free to
make such a choice. Any variation of the tariff will not affect the
tariff which applied to any Booking made before the variation takes
effect.

9.6 The Carrier shall be entitled to charge interest (both before and
after judgment) on the amount unpaid at the rate of 4% above the
base rate of the Bank of England from time to time until payment is
made in full. When payment is not made by the due date, the
Customer shall indemnify the Carrier for any costs and/or expenses
it may suffer or incur in recovering the sum due, including
reasonable legal fees and costs of collection.
9.7 Any queries in respect of an invoice must be made in writing
within 7 days of the date of the invoice otherwise it will be deemed

to have been accepted and will be payable in full by the Customer.
9.8 All charges quoted and charged are exclusive of value added
tax and all other duties or taxes which may become due or payable
from time to time and shall be added to invoices at the rate
applicable at the date of invoice.
9.9 The Carrier operates an electronic invoicing system. All
invoices, credit notes and statements will be sent to the Customer
electronically. If the Customer requires paper invoices or credit
notes (or cannot provide the carrier with an email address) the
Carrier reserves the right to make charges for the provision of such
paper invoices.
10.LIMITATION OF LIABILITY

10.1 Notwithstanding any other clause of these Conditions, neither
party excludes or limits liability for personal injury or death arising
from the negligence or wilful default of either party, its servants,
dealers or sub-contractors; or for any fraudulent misrepresentation.
10.2 Except as expressly provided in these Conditions, the total
liability of the Carrier which arises out of or under these Conditions
(whether in contract, tort, statute or otherwise) in respect of any
contract arising from a Booking is specified in this clause 10.
10.3 The Carrier shall not be liable to the Customer, whether in
contract, tort or by statute, or otherwise in respect of any loss of
profits and/or for any special, indirect, incidental or consequential
loss or damage suffered by the Customer howsoever caused
including, without limitation:
10.3.1 loss due to delay in delivery; and/or
10.3.2 loss of anticipated savings; and/or
10.3.3 loss of business and/or goods; and/or

10.3.4 loss of goodwill; and/or
10.3.5 loss of use; and/or
10.3.6 loss of data or other information; and/or
10.3.7 loss relating to the procurement by the Customer of any
substitution of goods or services.
The types of loss and/or damage specified in clauses 10.3.1 to
10.3.7 above shall not constitute direct loss for the purpose of these
Conditions.
Consignment Values and Liability
10.4 The Customer shall notify the Carrier at the time of Booking of
the value of the Consignment in writing by e-mail to
info@kingsls.uk in accordance with the
notification requirements set out in the tables below.
10.5 The Carriers total aggregate liability to a Customer in respect
of a Consignment shall be as set out in the tables below. The
Carrier shall provide a higher limit on its liability for Consignments
which relate to Consignments of value where the Customer notifies
the Carrier of those values and the Customer pays the additional
fees as set out in the tables. The parties acknowledge and agree
that the Carriers maximum liability in respect of each Consignment
will also depend on whether the Customer has a Pre -Paid or Credit
account with the carrier.
Table 1: Pre-Paid Account Bookings – Same Day Deliveries within
Great Britain

Value of
Consignment Customer
to declare

Additional
Fee Payable

Maximum Total
Liability of

value to
Carrier

by Customer Carrier in
respect of
Consignment

Less than
£100 No No £100
More than
£100 but less
than £1,000

Yes No £1,000

Over £1,000

Yes Yes: to be
advised to
Customer at
the time of
Booking

To be advised to
Customer at the
time of Booking

Table 2: Credit Account Bookings – Same Day Deliveries within
Great Britain
Value of
Consignment Customer
to declare
value to
Carrier

Additional
Fee Payable
by Customer

Maximum Total
Liability of
Carrier in
respect of
Consignment

Less than
£1,000 No No £1,000
More than
£1,000 but
less than
£10,000

Yes No £10,000

Over £10,000

Yes Yes: to be
advised to

To be advised to
Customer at the

Customer at
the time of
Booking

time of Booking

Excluded Goods

10.6 The Carrier will not be liable to the Customer for the carriage
of Excluded Goods unless: (i) the Customer notifies the Carrier in
advance that the Consignment contains in whole or in part
Excluded Goods pursuant to clause 3.9 above; and (ii) the Carrier
decides (at its sole discretion) to accept the carriage of such
Excluded Goods. If the Carrier agrees to accept the carriage of the
Excluded Goods (at such additional fee as the Carrier may
determine (which the Customer shall pay), the Carriers liability in
respect of the same day delivery of the Excluded Goods shall be as
set out in Tables 1 and 2 of clause 10.5, (whether within Great
Britain or otherwise) or for any international deliveries of the
Excluded Goods.
Storage of Consignments
10.7 For any Consignments stored by the Carrier at its premises,
the total liability of the Carrier for any loss of or damage to such
Consignment shall not exceed the sum of one thousand pounds
sterling (£1,000), unless the declared value of the Consignment
exceeds such sum and the Carrier has subsequently agreed in
writing to a higher limitation on its liability.
Further Exclusions on Carriers Liability
10.8 The Carrier shall not be held responsible for any event
beyond the reasonable control of the Carrier, which prevents it from
performing its obligations under the relevant contract including, but
not limited to:

10.8.1 acts, omissions or misrepresentations by the Customer,
owner of the Consignment, Consignee or independent contractor or
any failure of the foregoing to package and/or label the

Consignment correctly pursuant to clause 4.1. The Customer
acknowledges and agrees that in such circumstances the Carrier
shall not be liable for any loss of or damage to the Consignment
that arises out of or in connection with a failure to package and/or
label it correctly;
10.8.2 natural deterioration or fragility of the Consignment
(notwithstanding that it may be marked Fragile); and/or
10.8.3 any unforeseen circumstances or causes beyond the
Carriers reasonable control, including but not limited to, act of God,
war, riot, malicious damage, compliance with any law or
government emergency procedure, accident, fire, flood, storm or
industrial dispute, insufficient or improper packing, labelling or
addressing, unless it is previously agreed in writing that the Carrier
shall perform such task; or
10.8.4 marine risk.

10.9 The Customer shall provide to the Carrier written proof of the
value of the Consignment damaged or lost and the Carrier shall be
entitled to inspect the damaged Consignment.
11.WEBSITE

11.1 The information provided on the Website has not been written
to meet specific Customer requirements and it is the sole
responsibility of the Customer to satisfy itself that any Booking
made Online will be suitable for its requirements. All express or
implied warranties in relation to the Website are hereby excluded to
the fullest extent permitted by law.
11.2 Whilst the Carrier makes all reasonable attempts to exclude
viruses from the Website, it cannot ensure that the Website will be
virus free. The Customer acknowledges and agrees that any use of
the Website by the Customer shall be at its own risk.

11.3 Customers have no rights in or to the Website and all rights in
and to the Website and the, including any underlying software and
computer codes, are exclusively owned by the Carrier or licensed to
the Carrier by a third party supplier.
11.4 The Website is intended for use by the residents in Great
Britain only and only in respect of their activities within Great Britain.
12.TIME LIMITS FOR CLAIMS

12.1 The Carrier shall not be liable for loss of, misdelivery or
damage to any Consignment unless it is notified by the Customer of
such loss or damage in writing within 7 days of the end of the transit
and the claim giving details of the value and the circumstances of
any loss is made in writing within 14 days after the end of transit. A
claim for loss or damage will not be accepted on the consignment
note.
13.INDEMNITY TO THE CARRIER
13.1 The Customer shall indemnify the Carrier against:
13.1.1 all losses 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) as a result of any breach by the Customer of these
Conditions, fraud, error, omission, or misrepresentation by the
Customer, owner of the Consignment or Consignee;
13.1.2 all claims and demands made against the Carrier by any
third party in excess of the liability of the Carrier under these
Conditions;
13.1.3 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 of Dangerous Goods, Excluded Goods and/or
the Prohibited Items;

13.1.4 all claims made upon the Carrier by HM Revenue & Customs
in respect of dutiable goods consigned in bond whether or not
transit has ended or been suspended; and
13.1.5 all claims and demands made against the Carrier as a result
of a breach of clause 16.3.
14.SEVERANCE
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.
15.OTHER IMPORTANT PROVISIONS
15.1 A person who is not a party to the Contract has no right under
the Contracts (Rights of Third Parties) Act 1999 to enforce any term
of these Conditions save for those parties to whom the Carrier has
subcontracted its obligations under these Conditions, who shall
have the right to exercise and enforce all rights granted to the
Carrier under them. This clause 15.1 does not affect any right or
remedy of a third party which exists or is available apart from the
Contracts (Rights of Third Parties) Act 1999.
15.2 The Carrier undertakes to comply with any and all provisions
of the Data Protection Act 2018 as applicable.
15.3 At no time during the period that the Carrier is undertaking the
Booking for the Customer is the Customer permitted to supervise,
direct or control the manner in which any of the Carriers employees
or sub-contractors undertake the service unless an express
agreement is reached in accordance with clause 3.7.
15.4 During the continuance of the business relationship with the
Carrier, and for a period of 6 months immediately following the last
Booking placed by the Customer, the Customer shall not, directly or
indirectly, solicit or offer employment or any other form of contract

for services to any of the Carriers (a) employees; or (b)
subcontractors, who were directly involved in the performance of a
contract of carriage during the 6 months immediately preceding the
last Booking placed by the Customer.
15.5 The payment terms and charges paid to the Carrier are
confidential, and the Customer shall take all reasonable steps to
ensure that such terms remain confidential. The Customer may not
disclose the terms or make any public announcement about the
relationship the parties have entered into without the prior written
agreement of the Carrier, save for any disclosure required by law or
by a statutory or regulatory body with power to order such
disclosure.
15.6 Any notice or other communication to be given under or in
connection with this Agreement:
15.6.1 by a Customer to the Carrier, shall be given in writing and
sent by first-class post to the Carriers registered address and/or by
email to info@kingsls.uk; and
15.6.2 by the Carrier to a Customer, shall be given in writing and
sent by first-class post and/or by e-mail to the postal address and/or
the e-mail address provided by the Customer to the Carrier during
the Booking process
or such other postal or e-mail address as either party may
substitute by written notice to the other. A notice shall be deemed
delivered 2 working days after the date of posting and 24 hours
after sending by email (as applicable).
15.7 Carrier shall be entitled to subcontract in whole or in part the
performance of any or all of its obligations under these Conditions.
The Customer shall not assign, novate, subcontract or otherwise
dispose of, or deal with, any or all of its rights and obligations under
these Conditions without the prior written consent of the Carrier.

15.8 The waiver of either party of any breach of these Conditions
will not prevent the subsequent enforcement of that term and will
not be deemed a waiver of any subsequent breach.
15.9 These Conditions and the documents referred to in them,
including but not limited the confirmation referred to in clause 3.3,
constitute the entire agreement between the Carrier and Customer
and supersede all prior agreements, representations and
understandings relating to the subject matter of the Contract. The
Customer represents and undertakes that in entering into a
Contract in accordance with these Conditions the Customer does
not rely on, and shall have no remedy in respect of, any statement,
representation, warranty or undertaking (whether negligently or
innocently made) of any person other than as expressly set out in
these Conditions. Nothing in these Conditions shall limit either
partys liability in respect of fraudulent misrepresentation.
15.10 These Conditions (and any non-contractual claims) shall be
subject to and construed in accordance with English law, and the
parties submit to the exclusive jurisdiction of the English courts.
15.11 Telephone calls to and from the Carrier may be recorded and
monitored.

APPENDIX 1
VARIATIONS TO THE CONDITIONS WHERE THE CUSTOMER
CONTRACTS AS A CONSUMER

1.1 Where a Customer contracts with the Carrier as a consumer in
a private non-commercial capacity, the Conditions shall be varied
on the following terms:
1.1.1 Clause 3.4: the words For a full list of the additional charges,
please contact by e-mail: info@kingsls.uk
1.1.2 Clause 9.3: the words (and the Carrier will tell the Customer
before entering into each transaction the amount of the tariff) will

shall be added immediately after the words its tariff in effect at the
time of carriage of the Consignment;
1.1.3 Clause 9.7: The words 7 days shall be replaced with the
words 14 days;
1.1.4 Clause 10.3: Shall be replaced with the following:
The Carrier shall not be liable to the Customer, whether in contract,
tort or by statute, for loss of income or revenue, loss of business,
loss of profit, or loss of anticipated savings, howsoever caused;
1.1.5 Clause 13: The words 7 days shall be replaced with the
words 14 days and the words 14 days shall be replaced with the
words 28 days;
1.1.6 Clause 15.4: Shall not apply and shall not form part of the
Contract between the Customer and Carrier; and
1.1.7 Clause 15.10: The words exclusive jurisdictionshall be
replaced with the words non-exclusive jurisdiction.
1.2 Save as expressly varied in accordance with this Appendix 1,
the Conditions and the terms of the Contract between the Customer
and Carrier shall remain unamended.

Kings Logistics Services Ltd Plus Terms and
Conditions

(For 7.5ton – Articulated, for up to 3.5ton vehicles
please refer to the Kings Logistics Services Ltd Terms
and Conditions)

The entity referred to as “the Carrier” in these terms and conditions
is not considered a common carrier. The Carrier agrees to accept

goods for carriage solely based on the conditions outlined below
(referred to as “the Conditions“). No servant or agent of the Carrier
is authorised to modify or alter these Conditions unless explicitly
granted written permission by a Director, Principal, or Partner of the
Carrier, or by another individual duly authorised in writing by such a
person. In the event that any provision or part-provision of these
Conditions becomes invalid, illegal, or unenforceable, it shall be
adjusted to the minimum extent necessary to render it valid, legal,
and enforceable. If such adjustment is not feasible, the relevant
provision or part-provision shall be deemed deleted. Any
modification or deletion of a provision or part-provision under this
clause shall not impact the validity and enforceability of the
remaining Conditions.
These Conditions exclusively govern the Contract, superseding any
other terms that the Customer may attempt to impose, agree upon,
or incorporate. Additionally, these Conditions take precedence over
any terms that might be implied by trade, custom, practice, or
course of dealing. The Customer bears the responsibility to
thoroughly read and comprehend these Conditions, as they
constitute the foundation of the Contract under which any claims or
disputes are resolved. Customers are advised to seek professional
advice and are obligated to secure sufficient insurance to provide
comprehensive coverage for the Consignment, as well as any
associated liabilities during transit.
1Definitions
In these Conditions:
The term “Customer” refers to the individual or company entering
into a contractual agreement for the services provided by the
Carrier. This includes any other carrier that entrusts a Consignment
to the Carrier for transportation.
The term “Contract” signifies the agreement for the carriage of
goods between the Customer and the Carrier.

The term “Consignee” refers to the individual or company with
whom the Carrier enters into a contract for the delivery of the
Consignment.
The term “Consignment” pertains to goods, whether singular or in
bulk, and whether contained in a single parcel, package, or
container, or in multiple separate items, parcels, packages, or
containers. This includes shipments sent collectively at one time in
one load by or for the Customer, originating from one address and
destined for another.
The term “Dangerous Goods” refers to substances and articles
whose transportation is either prohibited by the regulations outlined
in the European Agreement Concerning the International Carriage
of Dangerous Goods by Road (ADR), as applicable in the United
Kingdom, or allowed only under the specified conditions therein.
This also includes any other substances and articles possessing
characteristics or nature that pose a hazard or danger to persons,
property, and encompasses materials such as radioactive or
explosive substances.
The term “Demurrage” refers to any costs or expenses incurred by
the carrier due to the improper, excessive, or unreasonable
detention of any vehicle, trailer, container, or other equipment
owned by or under the control of the carrier.
The term “Force Majeure Event” shall be defined as specified in
condition 10.2.3.
The term “In Writing” encompasses, unless otherwise mutually
agreed upon, the transmission of information by electronic, optical,
or comparable means of communication, such as facsimile,
electronic mail, or electronic data interchange (EDI). It is essential
that the transmitted information is readily accessible and durable,
enabling its use for subsequent reference.
2Parties and Subcontracting

2.1 The Customer affirms that they are either the proprietor of the
Consignment or duly authorised by the owner to acknowledge these
Conditions on the owner’s behalf. Furthermore, the Customer
asserts that they hold similar authorisation from all parties with
proprietary or possessory interests in the consignment to accept
these conditions on their behalf.

2.2 The Carrier, along with any other carrier engaged by the Carrier,
retains the right to utilise the services of additional carriers to fulfil
the Contract either in its entirety or in part. Upon request, the name
of each such carrier will be disclosed to the Customer. The Carrier
is authorised to, at any point, assign, mortgage, charge, delegate,
declare a trust over, or engage in any other transaction concerning
any or all of its rights and obligations under the contract, to the
extent permitted by law.
2.3 The Carrier enters into the Contract both on its own behalf and
as an agent for and trustee of its servants and agents, as well as all
other carriers mentioned in clause 2.2 and the respective servants
and agents of such carriers. In every mention of “the Carrier” in
these Conditions, it is to be construed as encompassing every such
carrier, servant, and agent. This is with the intention that they shall
have the benefit of the Contract and collectively and together with
the Carrier be under no greater liability to the Customer or any other
party than is the Carrier hereunder.
2.4 Despite the provisions of Condition 2.3, the transportation of
any Consignment by rail, sea, inland waterway, or air is facilitated
by the Carrier acting as an agent of the Customer. This
transportation is subject to the terms and conditions set forth by the
rail, shipping, inland waterway, or air carrier contracted to transport
the Consignment. The Carrier bears no liability whatsoever, under
any circumstances, arising in connection with such carriage. It is
explicitly stated that when the Consignment is transported partially
by road and partially by another means of transport, any loss,
damage, or delay is presumed to have occurred during the road
transportation unless evidence to the contrary is presented by the
Carrier.

3Dangerous Goods
3.1 In the event that the Customer fails to provide written and
advance disclosure that a consignment includes Dangerous Goods,
the Carrier reserves the right to terminate the contract. Should the
Carrier agree to transport any disclosed Dangerous Goods, the
Customer is obligated to organise and guarantee that the
Dangerous Goods are appropriately classified, packed, marked,
labelled, and documented in accordance with all relevant statutory
regulations governing the road carriage of the declared substance.
4Loading and Unloading
4.1 Unless otherwise specified in a written agreement, the
Customer bears the responsibility for loading the goods onto the
vehicle and for the consignee’s unloading process. The Carrier
disclaims any liability for loss or damage to the goods resulting from
loading or unloading, overloading of the vehicle, or unsafe loading
practices. The Carrier, at its discretion, may provide assistance in
loading or unloading upon the Customer’s, Consignee’s, or their
Agents’ request. The Customer is obligated to indemnify the Carrier
against any loss, damage, death, or injury occurring during loading
or unloading operations, regardless of whether such incidents are
attributed to the Carrier’s negligence, its agents, or servants.
4.2 The Customer is responsible for ensuring that any cranes,
forklift trucks, slings, chains, or other equipment utilised in loading
or unloading the vehicle are appropriate for the intended purpose.
The Customer agrees to indemnify the Carrier against any and all
repercussions arising from the failure or unsuitability of such
equipment.
4.3 The Customer is obligated to guarantee that there is sufficient
access to both the loading and unloading points. Additionally, the
Customer must ensure that the roadways connecting to and from
the public highway are constructed of suitable material. Unloading
is to occur on a sturdy, stable surface, ensuring there is ample
space to safely load or unload the vehicle.

4.4 The Carrier holds no liability for any loss or damage, regardless
of the cause, if the Carrier’s personnel are directed by the
Customer, Consignee, or their servants or agents to render services
in an area that does not adhere to the conditions outlined in Clause
4.3 above. This is applicable irrespective of whether such
instructions contravene the recommendations of the Carrier or its
personnel.
4.5 The Customer is obligated to indemnify the Carrier against any
liability, loss, or damage incurred, including but not limited to
damage to the Carrier’s vehicle, as a consequence of the Carrier’s
personnel adhering to the instructions provided by the Customer,
Consignee, or their servants or agents.
4.6 Upon request, the Customer shall provide the Carrier with
details of any risk assessments conducted at the collection and/or
delivery addresses. It is the responsibility of the Customer, and not
the Carrier, to undertake such risk assessments.
5Obligations of the Customer
The Customer warrants that:

5.1 The Consignment must not and will not: result in environmental
pollution or pose a threat to human health; necessitate any official
consent or licence for handling, possession, dealing, or
transportation; at any point while under the custody or control of the
Carrier, be classified as waste (unless expressly informed
otherwise); and the Consignment must be of a nature that is legally
transportable in the United Kingdom.
5.2 It shall adhere to, and shall ensure that all its agents,
employees, and subcontractors also adhere to any reasonable
regulations stipulated by the Carrier concerning handling, health
and safety, and security, of which they have been duly notified.
5.3 It agrees to provide the Carrier with any information and
materials that the Carrier may reasonably need to fulfil its

obligations under the Contract. The Customer further undertakes to
ensure that the provided information is comprehensive and
accurate in all material respects.
5.4 If the Carrier’s execution of any of its obligations under the
Contract is impeded, obstructed, or delayed by any action or
inaction on the part of the Customer or by any failure on the part of
the Customer to fulfil any pertinent obligation (Customer Default),
then:
5.4.1 Without limiting or impacting any other right or remedy at its
disposal, the Carrier is entitled to suspend the execution of its
obligations until the Customer rectifies the Customer Default. The
Carrier may invoke the Customer Default as a basis for being
exempted from performing any of its obligations, to the extent that
the Customer Default obstructs, hinders, or delays the Carrier’s
fulfilment of any of its obligations.
5.4.2 The Carrier shall not be liable for any costs or losses incurred
by the Customer, whether directly or indirectly, due to the Carrier’s
failure to perform or delay in performing any of its obligations as
outlined in this condition 5.4; and
5.4.3 Upon written demand, the Customer shall reimburse the
Carrier for any costs or losses suffered or incurred by the Carrier,
whether directly or indirectly, due to the Customer Default.
6Signed Receipts
6.1 Upon request, the Carrier shall sign a document or electronic
record, as prepared by the Customer or its agents, acknowledging
the receipt of the Consignment. However, the responsibility of
verifying the condition of the Consignment and/or detailing its
nature, quantity, quality, or weight at the time of such receipt shall
lie with the Customer.

7Transit

7.1 Unless explicitly agreed otherwise between the parties, the
transit shall commence once the Consignment has departed from
the location where it is collected.

7.2 Transit shall conclude (unless terminated earlier) upon the
Consignment’s arrival at the designated delivery location, namely
the Consignee’s address, during the customary cartage hours of the
district, subject to the following conditions:
7.2.1 In the absence of safe and adequate access or unloading
facilities at the Consignee’s address, transit shall be considered
terminated one clear day after notices (sent by letter, telephone,
fax, email, or any other mutually agreed method of communication)
indicating the arrival of the Consignment at the premises have been
dispatched to the Consignee or the Customer.
7.2.2 In any other circumstances where a Consignment cannot be
delivered, or when a Consignment is held by the Carrier based on
instructions such as ‘to await order’ or ‘to be kept till called for,’ and
if no such order is given within a reasonable time or the
Consignment is not called for and removed within a reasonable
time, transit shall likewise be considered terminated at the
conclusion of that reasonable time.

7.3 The Customer assumes sole responsibility for the Consignment
at all times when it is not in transit.
8Undelivered or Unclaimed Consignments
8.1 In the event that either of the conditions specified in Clause 7.2
operates, resulting in the deemed termination of transit, the Carrier
reserves the right to sell the Consignment. Upon such sale,
payment or tender of the proceeds to the Customer, following the
deduction of all appropriate charges and expenses related to the
sale, as well as any outstanding charges pertaining to the carriage
and storage of the Consignment, shall absolve the Carrier from any
liability regarding the said Consignment, its transportation, and
storage:

Provided that:
8.1.1 The Carrier shall make reasonable efforts to secure a fair
price for the Consignment; and
8.1.2 The power of sale shall not be exercised if the name and
address of the Customer, the Consignee, or the owner of the
Consignment, or any other person with a proprietary or possessory
interest in it, is known. However, in such cases, the Carrier shall
first undertake reasonable efforts to notify these individuals that the
Consignment will be sold unless, within the time specified in the
notice (a reasonable time given the circumstances), the
Consignment is retrieved or instructions for its disposal are
provided.
9Carrier’s Charges
9.1 The charges of the Carrier shall be settled by the Customer,
without waiving any rights that the Carrier may have against the
Consignee or any other party to secure or receive payment.
However, in the case where a Consignment is consigned ‘carriage
forward,’ the Customer is not obliged to make payment of such
charges unless the Consignee, within a reasonable period following
the demand for payment, neglects to settle the carrier charges.
9.2 Charges must be settled promptly as they become due, without
any deduction or deferral on account of any claim, counterclaim, or
set-off. In the event of the Customer’s insolvency or if any amounts
owed by the Customer to the Carrier are overdue for payment, all
previously agreed credit terms shall be immediately revoked, and all
outstanding payments and sums owed (whether due or not) shall
become immediately payable. The Late Payment of Commercial
Debts (Interest) Act 1998, as amended, shall apply to all sums due
from the Customer.
9.3 The Carrier will make reasonable efforts to secure a signed
proof of delivery of the Consignment from the Consignee, unless an
alternative agreement is reached with the Customer. However, the

Customer shall not withhold payment in cases where the Carrier is
unable to furnish proof of delivery unless the Carrier receives
notification of non-delivery within 24 hours after the anticipated
delivery time, and subsequently, the Carrier is unable to
substantiate proof of delivery.
9.4 The Customer is obligated to pay the Carrier any storage
charges arising from the exercise of its lien in accordance with
clause 15 below.
9.5 In the event of the Contract being cancelled at any time, the
Customer is liable to pay the Carrier all costs and expenses
incurred by the Carrier prior to such cancellation.
10 Liability for Loss and Damage
10.1 The Customer is considered to have chosen to accept the
terms outlined in 10.2 of this Condition unless, before the
commencement of transit, the Customer has expressly agreed in

writing that the Carrier shall not be held liable for any loss, mis-
delivery, or damage to, or in connection with, the Consignment,

regardless of the cause or time it occurs. This includes situations
where the loss, mis-delivery, or damage is directly or indirectly
caused or contributed to by any act, omission, neglect, default, or
other wrongdoing on the part of the Carrier, its servants, agents, or
subcontractors.

10.2 Subject to these Conditions the Carrier shall be liable for:
10.2.1 Physical loss, mis-delivery, or damage to living creatures,
bullion, money, securities, stamps, precious metals, or precious
stones forming part of the Consignment is covered only if:
10.2.1.1 The Carrier has explicitly consented in writing to transport
any of the mentioned items; and
10.2.1.2 The Customer has, in writing, agreed to indemnify the
Carrier for all additional costs incurred due to the transportation of

the specified items; and
10.2.1.3 The loss, mis-delivery, or damage occurs during transit and
is established to be a result of the negligence of the Carrier, its
servants, agents, or subcontractors.
10.2.2 Physical loss, mis-delivery, or damage to any goods not
covered by subclause 10.2.1 is covered.
10.2.1 above that are part of the Consignment, except in cases
arising from a Force Majeure Event.
10.2.3 The term “Force Majeure Event” refers to any act(s),
event(s), circumstance(s), or cause(s) whose occurrence is beyond
the reasonable control of the Carrier, encompassing but not limited
to:
10.2.3.1 Act of God, riot, civil commotion, strike, lockout, general or
partial stoppage, or restraint of labour for any cause, war, act of
terrorism, seizure, or forfeiture under legal process, government
restraint.

10.2.3.2 Mistake, action, omission, false statement, or
misrepresentation by the Customer, the owner of the Consignment,
or any of their servants or agents;
10.2.3.3 Natural reduction in bulk or weight, design flaws, hidden
defects, inherent characteristics, or natural deterioration of the
Consignment;
10.2.3.4 Any special handling needs concerning the Consignment
that were not communicated to the Carrier;
10.2.3.5 Inadequate or improper packaging, labelling, or
addressing, unless the Carrier has explicitly agreed to offer such
services;
10.2.3.6 Fire, flood, storm, earthquake, pandemic, or epidemic;

10.2.3.7 Traffic congestion, road accidents, delays encountered at
delivery locations, absence of delivery instructions from the
Customer, vehicle breakdown;
10.3 Under no circumstances shall the Carrier be held liable for any
loss or damage occurring after the termination of transit as defined
in Condition 7.2 herein, irrespective of whether such loss or
damage is directly or indirectly caused or contributed to by any act,
omission, neglect, default, or other wrongdoing on the part of the
Carrier, its servants, agents, or subcontractors.
11 Fraud
11.1 The Carrier shall not be liable under any circumstances for a
Consignment in cases involving fraud by the Customer, the
Consignee, or the owner of the Consignment, or their servants or
agents, unless the Carrier or any of its servants, acting in the
course of employment, has been involved in that fraudulent activity.
12 Limitation of Liability
12.1 Unless stated otherwise in these Conditions, the Carrier’s
liability for claims related to physical loss, misdelivery, or damage to
goods forming part of the Consignment, regardless of the cause,
shall always be restricted to the lower of:
12.1.1 The value of the goods that were actually lost or
misdelivered at the designated delivery location; or the depreciation
in value of damaged goods due to the inflicted damage; or
12.1.2 The cost of replacing the goods that were actually lost or
misdelivered and/or the expenses related to reconditioning or
repairing any damage to the goods; or
12.1.3 A sum calculated at the rate of £1,300 Sterling per tonne
based on the gross weight of the goods that were actually lost,
misdelivered, or damaged. The value of the goods that were
actually lost, misdelivered, or damaged shall be considered as their

invoice value if they have been sold. Otherwise, it shall be deemed
as the replacement cost to the owner at the initiation of transit,
inclusive of any Customs and Excise duties or taxes payable for
those goods. However, this provision is subject to:
12.1.3.1 In instances of loss, misdelivery, or damage to a part of the
Consignment, only the gross weight of that specific part shall be
considered in determining the amount to which the Carrier’s liability
is limited. This applies irrespective of whether the loss, misdelivery,
or damage impacts the value of other parts of the Consignment.
12.1.3.2 This Condition shall not restrict the liability of the Carrier to
an amount less than £10.

11.1.3.3 The Carrier reserves the right to demand evidence
regarding the weight and value of the entire Consignment, as well
as any part thereof that has been lost, misdelivered, or damaged.
12.1.3.4 The Customer has the right to provide written notice to the
Carrier, to be delivered at least seven days before the start of
transit, requesting an increase in the £1,300 per tonne limit
specified in 11.1.3 (provided it does not exceed the value of the
Consignment). In the event of such notice, the Customer must
engage in negotiations with the Carrier to determine an increased
limit, and this should be accompanied by an agreement to adjust
the carriage charges accordingly. If no mutual agreement can be
reached, the aforementioned £1,300 per tonne limit will persist.
12.2 The Carrier’s liability for any other forms of loss, liability, or
damage connected to the Consignment shall be limited to the lower
of the carriage charges for the Consignment or the proven loss of
the claimant, unless:
12.2.1 At the initiation of the Contract with the Carrier, if the
Customer communicates to the Carrier a specific interest in
preventing physical loss, misdelivery, or damage to the
Consignment, and/or a particular interest in timely delivery within a

designated period, with a commitment to pay an agreed surcharge
linked to the declared value of that interest or interests, and
12.2.2 If, a minimum of 7 days before the initiation of transit, the
Customer provides written confirmation to the Carrier regarding the
declared value of any special interest, the agreed time limit, and
their commitment to pay the agreed surcharge as determined with
the Carrier.
12.3 The Carrier will not be considered in violation of the Contract,
nor held liable for any delays or failure to fulfil its obligations under
the Contract if such delays or failure are attributed to a Force
Majeure Event.
12.4 The Carrier completely excludes the following types of loss or
damage, and under no circumstances will they be eligible for
compensation:
12.4.1 loss of profits;
12.4.2 loss of sales or business;
12.4.3 loss of agreements or contracts;
12.4.4 loss of anticipated savings;
12.4.5 loss of use of, or corruption of, software, data or information;
12.4.6 loss of or damage to goodwill;
12.4.7 indirect or consequential loss;
12.4.8 Any fine imposed on the Customer by the Consignee or its
customer.

13 Indemnity to the Carrier
The Customer shall indemnify the Carrier against:

13.1 All losses, liabilities, and costs incurred by the Carrier,
including but not limited to those arising from loss or damage to the
transporting vehicle or other goods carried, are the responsibility of
the Customer. This responsibility is attributed to any breach of these
Conditions by the Customer or any party for whom it has
contracted. Additionally, it extends to errors, omissions,
misstatements, or misrepresentations by the Customer or the owner
of the Consignment or by any servant or agent of either party. The
Carrier may incur such costs due to insufficient or improper
packaging, labelling, or addressing of the Consignment. This liability
also encompasses instances of fraud committed by the Customer,
the Consignee, or the owner of the Consignment, or their servants
or agents (as specified in condition 11).
13.2 The Customer shall be responsible for all losses, liabilities, and
costs arising from claims and demands, regardless of the claimant
and the cause of action (including, but not limited to, claims alleging
negligence or conversion, or by H.M. Revenue and Customs in
respect of dutiable goods, or arising from the carriage of Dangerous
Goods). Such responsibility extends to amounts exceeding the
Carrier’s liability under these Conditions for the relevant loss or
damage. This applies whether or not the loss or damage was
directly or indirectly caused or contributed to by any act, omission,
neglect, default, or other wrongdoing on the part of the Carrier, its
servants, agents, or Subcontractors.
14 Time Limits for Claims
14.1 The Carrier shall not be liable for:
14.1.1 Physical loss, misdelivery, or non-delivery, or physical
damage to goods forming part of the Consignment shall not be the
responsibility of the Carrier unless notified in writing within seven
days after the conclusion of transit or the anticipated termination
date of transit.

14.1.2 Any other form of loss shall not be attributed to the Carrier
unless notified in writing within seven days after the completion of

transit or the anticipated termination date of transit.
14.2 Provided that if the Customer proves that;
14.2.1 It was not reasonably possible for the Customer to inform the
Carrier or file a claim in writing within the applicable time limit, and
14.2.2 The advice or claim was communicated or submitted within a
reasonable period after the point at which it became reasonably
feasible for the Customer to inform the Carrier or file a written claim,
The Carrier shall not benefit from the liability exclusion granted by
this condition.
14.3 The Carrier shall, in any circumstance, be relieved of all
liabilities, regardless of the cause or manner of occurrence, related
to the Consignment unless legal action is initiated within one year
from the commencement date of transit.
14.4 When calculating time for any period specified in these
Conditions, if the period is seven days or less, Saturdays, Sundays,
and all statutory public holidays shall be excluded.
15 Lien
15.1 The Carrier shall have:

15.1.1 a specific lien on the Consignment for all charges owed to
the Carrier for the carriage, storage, and/or warehousing of the
Consignment, as well as for all other appropriate charges or
expenses related to the handling of the Consignment, and
15.1.2 a broad lien on the Consignment for any amounts that are
outstanding and unpaid by the Customer, the owner of the
Consignment, or any other individual with a proprietary or
possessory interest in it, the Consignee, or any agent of those
individuals, on any invoice, account, or contract whatsoever.

15.2 In the event the Carrier enforces a lien, and the appropriate
payment is not received within 14 days after providing notice that
the payment is due as per condition 8.1.2 above, the Carrier may
act as an agent to sell the Consignment or any portion of it. The
proceeds will be applied to any outstanding sums, as well as the
costs associated with the retention, storage, insurance, and sale of
the Consignment. After accounting for any remaining balance to the
Customer, the Carrier shall be released from all liabilities related to
the Consignment.
15.3 The Carrier retains the right to enforce its lien either on its own
behalf or as an agent for any assignee of its invoices, at its sole
discretion, at any time and place, irrespective of whether the
contractual carriage has been concluded. These Conditions shall
remain applicable during the exercise of such lien.
15.4 If the Consignment is not exclusively owned by the Customer,
the Customer affirms that it holds the authority from all individuals
with a proprietary or possessory interest in the Consignment to
confer upon the Carrier the liens as outlined in 15.1 above. The
Customer is obligated to indemnify the Carrier against all claims
and demands that the Carrier may face, alleging that the Customer
lacked such authority.
16 Unreasonable Detention
16.1 The Customer is responsible for paying Demurrage, without
waiving any right that the Carrier may have against any other party
concerning any improper, excessive, or unreasonable detention of
any vehicle, trailer, container, or other equipment owned by or
under the control of the Carrier.

17 Confidentiality
17.1 Each party commits to not disclose any confidential
information related to the business, affairs, customers, clients, or
suppliers of the other party to any person, except as allowed by
these conditions.

17.2 Each party is permitted to disclose the confidential information
of the other party:
17.2.1 to its employees, officers, representatives, subcontractors, or
advisers who require such information for fulfilling the party’s legal
obligations; and
17.2.2 as compelled by law, a court of competent jurisdiction, or any
governmental or regulatory authority.
18 Law and Jurisdiction
18.1 Unless expressly agreed otherwise in writing, English law shall
govern the Contract and any dispute arising under or in connection
with it. Each party unequivocally agrees that such disputes shall be
exclusively subject to the jurisdiction of the English courts.