A   WAREHOUSING

As members of UKWA the company’s standard terms are based on those approved by the Association.

 

GENERAL

Safe Logistics Group (“The Company”) and associated companies undertakes all services subject solely to the following conditions, which can be varied only in writing by the director or partner or duly authorised servant of the Company.

 

The Customers attention is drawn in particular to Condition 3.Condition 3(ii) has been included herein solely to relieve the owner of the goods the subject of the contract (“the Goods “), or the owners agent, and the additional costs that the Company would need to include to recover insurance charges were its liability not limited as provided for in Condition 3(ii).  Condition 3(iii) will become operative at the option of The Customer on the terms provided therein.

1.        The Company is not a common carrier, and the rights and liabilities of the parties hereunder shall be determined on the basis that the Company is not such a common carrier.

2.        (I)The Customer warrants that it is either the owner of the Goods or is authorised by such owner to accept these Conditions on the owner’s behalf.

(ii)The customer further warrants that:-

a) When presented for warehousing, the Goods will be securely and properly packed and in such condition as not to cause damage or injury or the likelihood of  damage or injury to the property of the Company or to any other goods, whether by spreading of damp,  infestation, leakage or the escape of fumes or substances Or otherwise howsoever.

b) Before presentation of the Goods for warehousing, the Customer will inform the Company in writing of any special precautions necessitated by the nature or condition of the goods, and of any statutory duties specific to the Goods which the Company may need to comply.

 

LIABILITY

3.         

(I) Except as provided in Condition 3(iii) below, the Company does not insure the Goods and the Customer should make arrangements to cover the goods against all risks to the full insurable Value thereof.

(ii) The Company is only responsible for any loss of or damage to Goods or for any non-delivery, mis-delivery or delay or for any non-compliance or mis-compliance with instructions if the same has arisen due to the act, neglect or default of the Company, its employees or agents.  Provided always that the liability of the Company shall in no case exceed a total value of £100 per tonne weight of that part of the Goods in respect of which a claim arises.  The Company shall in no case be liable for any indirect or consequential loss of any kind whatsoever.

(iii) The limit of liability on Condition (3(ii) may be increased by written notice, in which event:

(a)     The Customer shall give written notice to be received by the Company at least seven days before the date on which the increased liability is required to be operative and shall specify the nature and the maximum value of the Goods to be  at risk inclusive of duty and taxes paid or payable thereof. Under no circumstances will the Company’s liability to the Customer exceed the value given under this notice.

(b)     The Customer shall accept an increase in the Company’s charges to cover all costs incurred in insuring against the Company’s additional liability hereunder.

(c)     In the case of Bonded Warehouses, the customer shall be liable for any breech of H.M. Customs & Revenue Regulations relating to goods warehoused and undertakes to keep indemnified the Company against all actions, proceedings, costs, claims and demands arising out of any further breach, non-observance or non-performance of the same.

(iv) The Company shall not be liable for any claim unless it has been notified in writing to the Company the Customer within 21 days of the cause of the claim coming to the Customers knowledge or of the goods being delivered by the Company to or to the use of the customer which ever is the later.

(v)   The Company shall not be liable hereunder for any loss or damage to the extent that the same is caused or contributed to by a breach of any of Customers warranties contained in Conditions 2 (or by any of the circumstances by virtue of which the Company is relieved of its contractual Obligations in accordance with Condition 10).

(vi) The benefit of these Conditions shall extend to all the employees from time to time of the company, who shall each be entitled to every right, defence and exemption or limitation of liability to which the Company is entitled here under.

 

4.         

(i)   In any of the circumstances referred to in condition 4(ii) here of, and Otherwise with the written consent of the Customer, the Company shall be entitled to arrange for any part of the services to be performed by other contractors, and in this event these terms and conditions shall apply in such services.

(ii)  The circumstances referred to in Condition 4(I) hereof are storm, flood, fire, explosion, riot, industrial dispute, labour disturbance or any other emergency reasonably requiring such action by the Company.

 

5.            

(i)   The Customer shall reimburse all duties and taxes that the Company may be required to pay in respect of the Goods,  except to the extent that the Company is required to accept responsibility for them in accordance with Condition 3.

(ii)  Notwithstanding any notice given in accordance with Condition 3(iii) (a), the Customer shall indemnify the Company against any loss or damage suffered by the Company including costs and expenses reasonably incurred by it to the extent that such loss or damage is caused or contributed to by a breach of any of the Customer’s warranties contained in Condition 2.

 

6.        The Customer may give written authority for the goods or any part thereof to be transferred by the Company to the account of another party but subject to the Customer ensuring before the effective date of the transfer that such other party notifies the Company in writing that it is to become the Customer   and is to be bound by these Conditions and by any notice given under Condition 3(iii) (a).

 

2.        When reasonably necessary, vehicles or other means of conveyance may be changed and may deviate or depart from their intended route, and at the discretion of the Company the Goods may be carried, stored or handled with other compatible goods or transferred between stores.

 

CHARGES, PAYMENT AND LIEN

8.       The Company’s charges, which may be increased from time to time by at least 21 days prior notice to the Customer, shall be payable at such periodic intervals or on the expiry of such period of credit as may have been agreed between the parties or, in any event, before removal of the Goods from the Company’s custody or control.  Interest on amounts due and unpaid shall be payable from the date when payment of such amounts fell due and shall be calculated on a daily basis at the rate of 2 per cent per annum above the Base Rate of National Westminster Bank plc, current from time to time.  Further, the Company shall have a general as well as a particular lien on the Goods for payment of all amounts due from the Customer on any account.

 

TERMINATION

9.

(i)  The Goods shall be removed by the Customer from the Custody of control of the Company at such date as may have been agreed between the parties.  In the absence of such agreement and otherwise where reasonably necessary, the Company may at any time by notice in writing to the Customer require the removal of the Goods within 28 days from the date of such notice or, in the case of perishable goods within three days.

(ii)   In the event of failure by the Customer to pay any amount due to the Company or to remove any of the Goods from the custody or control of the Company (notice in accordance with Condition 9 having been given) at the due time, the Company may, without prejudice to its other rights and remedies against the Customer give notice in writing to the Customer of the Company’s intention to sell or otherwise dispose of the Goods at the Customer’s entire risk and expense if such amount is not paid and/or such Goods are not removed within 28 days, or in the case of perishable Goods within seven days of the date of such notice. On the expiry of such period, if such payment has not been made and/or the goods have not been so removed the Company shall be entitled to sell or otherwise dispose of all or any part of the Goods at the Customer’s entire risk and expense by the best method reasonably available, and the proceeds of any sale or disposal shall be remitted to the Customer after deduction there from of all expenses and all amounts due to the Company from the Customer on any account.

(iii)   In the case of perishable goods, notice under Condition 9 (ii) may be combined with a notice, if any under Condition 9 (i).

RESPONSIBILITY

10.     The Company shall be relieved of the contractual obligations to the extent that their performance is prevented by, or their non-performance is the direct or indirect consequences of the act, neglect, or default of the Customer, including any breach by the Customer or the warranties contained in Condition 2, or by storm, flood, fire, explosion, riot, industrial dispute, labour disturbance or other cause beyond the reasonable control of the Company

 

11.     Any notice or statement of account given by the Company to the Customer shall be duly given if left at or sent by registered or recorded delivery to the last known address of the Customer or the registered office of the Customer and such notice or account shall if posted be deemed to have been given two week-days after posting.

 

12.     These conditions shall prevail over any terms or conditions contained in the Customer’s order, acceptance or other communication and shall be deemed to have been accepted by the Customer in preference to such other terms or conditions, unless the Customer has notified the Company specifically in writing of any proposed variation of these Conditions and such variation has been agreed specifically in writing by a director, partner or duly authorised servant of the Company.

       

B        CARRIAGE

1)       Where the primary function of the company is that of Warehouse keeper or Packager and processor of goods, carriage for the Customer’s goods will be arranged by the Company only after a request in writing from the Customer to do so or if the Customer makes a verbal request which the Company confirms in writing (whether by post, fax or e-mail) and will be arranged solely as agent for the Customer.  Any contract for such carriage entered into by the Company for the Customer will be subject to the terms and conditions of the carrier performing the carriage service, whether that be for collection or delivery of the Customer’s goods.

2)       When carriage is arranged in accordance with Condition B1 any liability that the Company may have for the goods will cease when the goods are loaded into the vehicle except that when one of the company’s vehicles is used the condition of carriage, as set out under the current terms and conditions of the Road Haulage Association, shall apply unless there is written agreement to the contrary.

3)       In the event that any Court shall set aside the agency agreement set out in Condition B1 or the Company shall in writing vary the Condition above in writing and it is determined or agreed in writing that the Company is a cattier for the purpose of any collection or delivery then the Company’s liability for the goods during the collection or delivery shall be determined in accordance with the terms and conditions set out in the current edition of the Road Haulage Association’s standard terms and conditions of contract, copies of which are available on request, from the office, and which contract terms and conditions exclude and limit the liability of the Company for the goods.

4)       In the event that Safe Logistics Ltd shall act as a common carrier then the current Terms and Conditions of the Road Haulage Association shall apply unless there is written agreement to the contrary

 

C       PACKAGING, PROCESSING DOCUMENT STORAGE &HANDLING
            Whether applicable as a whole or in part.

The terms and conditions relating to warehousing contracts as set out above shall, the appropriate changes being made, apply to any contract for the packaging of goods subject only to the following:-

1         If at any stage during packaging of Goods the Company should reasonably consider that there is a good reason in the Customers interest to depart from the services agreed to be provided hereunder or from any of the Customer’s instructions, the Company shall have the right to do so and shall not incur any additional liabilities whatsoever in consequence of so doing.

2         The Company reserves the right by giving notice to the Customer at any time before delivery or collection of the Goods from the Company or by the Customer to increase the charges for packaging to reflect any increase in the cost to the Company which is due to any factor beyond the control of the Company (such as, without limitation, any foreign exchange fluctuation, currency regulations, alteration of duties, significant increase in costs of labour, materials or other costs of manufacturer), any change in delivery dates or any delay caused by instructions of the Customer or failure of the Customer to give the Company adequate information or instructions.

3         All charges in respect of the packaging of Goods are given by the Company on a piece work basis.

4         Any dates quoted for the completion of the packaging services and for collection or delivery of the Goods are approximate only and the Company shall not be liable for any delay in the completion of the packaging services howsoever caused. The time of completion of the packaging service shall not be of the essence unless previously agreed by the Company in writing.

5         The Company shall carry out an inventory check on the Goods only when the same are delivered to the Company’s premises prior to the execution of the packaging service and such inventory check shall be made on the basis of shipping documents or delivery notes supplied to the Company by the shippers and/or the Customer and the Company shall not be held responsible for any inconsistency in the actual number of items of Goods delivered or for any loss howsoever arising.

6         The Company may sub-contract the whole or any part of the packaging service to such sub-contractors and upon such terms and conditions as the Company may see fit and such terms and conditions shall be deemed to be incorporated in the contract for the provision of the packaging service between the Company and the Customer to the intent that the Company shall in no circumstances be under any greater liability to the Customer in respect of any claim arising in respect of the whole or part of the contract or servicing so sub-contracted than the subcontractor is under to the Company.  The Company shall not be bound to meet any claim for which it may be liable notwithstanding the preceding provisions of this clause, until the amount thereof has been recovered by the Company from the sub-contractor nor to recover the amount thereof from the sub-contractor by action, unless the cost of such action are borne by the Customer and an indemnity is given by the Customer to the Company against any costs which may be awarded to the sub-contractor.

7         For the avoidance of doubt the liability provisions as set out in clause A3 shall also apply to the storage and handling of documents.

 

D        INVOICING

In respect of all services performed shall be issued (weekly) and the Customer shall pay the same (less any discount to which the Customer is entitled) together (where applicable) with any Value Added Tax thereon within seven days of the date of the Company’s invoice, unless agreed in writing to the contrary and notwithstanding that delivery or collection may not have taken place.  The time for payment of the charges shall be of the essence of the contract.

 

E        GENERAL

All contracts between the Company and the Customer shall be governed in all respects by the law of  England and the Customer hereby submits to the exclusive jurisdiction of the English courts.