Legal Notice
Legal Notice
Tomar Transport Ltd.
5 Parkland Crescent, Bentley, Doncaster, DN5 0AJ
07818249879
Registered in England: 09655244
VAT registration: 256868061
Terms and Conditions
AS OF 24TH OF JUNE 2015, THE TERMS AND CONDITIONS UNDER WHICH ALL WORK IS UNDERTAKEN BY TOMAR TRANSPORT LTD.
DEFINITIONS
The following definitions shall apply to the terms and conditions set out below which govern this contract of carriage between you and us: "We", "us" and "our" mean TOMAR TRANSPORT LTD. respective employees, agents and independent contractors. "You" and "your" means the sender, holder of the consignment note, receiver and owner of the contents of the delivery or any other party having legal interest in those contents.
THE PARTY WHOM YOU ARE CONTRACTING
The Customer warrants that he is either the owner of the goods in any consignment or is authorised by such owner to accept these Terms and Conditions on such owner’s behalf.
Your contract is with TOMAR TRANSPORT LTD. or any of their independent contractors that originally accepts the Consignment from you. You also agree that we may sub-contract the whole or any part of the carriage on any terms and conditions we decide at our absolute discretion.
ACCEPTANCE OF OUR TERMS AND CONDITIONS
By giving us your goods you accept our terms and conditions set out in this contract of carriage on behalf of yourself or anyone else who has an interest in the goods irrespective of whether you have signed the front of the consignment note or not. Our terms and conditions also cover anyone we use to collect, transport or deliver your goods. None of our employees, agents or sub-contractors are authorised to alter or modify these terms and conditions. Where you give us the goods with oral or written instructions which conflict with these terms and conditions, we shall not be bound by such instructions.
GOODS WE DO NOT CARRY
The Customer shall not submit for carriage any of the following Goods unless obtaining a consent in writing from Transport Manager or Director of TOMAR TRANSPORT LTD. prior to the Goods being submitted for carriage:
- is a prohibited item
- is restricted by the dangerous goods regulations
DELIVERY
If we are unable to deliver a consignment etc. because of incorrect address information, we will make all reasonable efforts to find the correct address. We will deliver or attempt to deliver the Consignment etc. to the correct address for an additional charge determined by the inconvenience caused.
The carrier shall not be under any obligation to provide any plant, power or labour required for loading or unloading the Consignment.
Any assistance we provide to load or unload a Consignment will be provided at our discretion and is at your sole risk and we will not be liable for any damage caused (whether negligently or otherwise). You will indemnify us and keep us indemnified against any costs, expenses, liabilities, injuries, losses, damages, claims, demands, proceedings or legal costs and judgments which we suffer as a result of the provision of such assistance.
The Customer warrants that any special equipment required for loading or unloading the Consignment will be provided or procured by them.
EXTENT OF LIABILITY
We limit our liability for any loss, damage or delay of your goods or any part of it as follows:
- Sameday dedicated delivery we limit ourselves, any of our employees or any subcontractors that we choose to deliver your goods, to a maximum of £15,000 in respect of a claim.
- We shall only be liable for loss or damage occurring within the geographical limits of Great Britain.
- We limit ourselves, any of our employees or subcontractors that we choose to deliver your goods, to a maximum of £2,000,000 in respect of a claim against public liability.
LIABILITY FOR LOSS AND DAMAGES
We shall not be liable in any respect for any loss or miss-delivery of or any damage to any Consignment if the same has arisen from and the carrier has used reasonable care to minimise the effects of:
- Seizure or forfeiture under legal process.
- Insufficient or improper packaging.
- Insufficient labelling or addressing.
- Acts of God
- Acts of terrorism;
- 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").
INCREASED LIMITS OF LIABILITY
If you are dissatisfied with our limits of liability then you must take out your own separate insurance cover for goods in transit if the value of the goods exceeds our goods in transit liability of £10000.
RATES AND PAYMENT
You agree to pay our charges for the carriage between the locations specified on our consignment notes plus any value added taxes for the carriage within 14 days from invoice date.
Our charges shall be made in accordance with the tariff current at the time of performance of the Contract or any quote that has been agreed separately with you.
Invoices will be prepared by us weekly.
Credit facilities may be withdrawn by us at our absolute discretion at any time and the balance outstanding shall become due immediately on demand.
We reserve the right to charge Statutory Late Payment charges and interest on all outstanding invoices.
All prices quoted exclude VAT
Waiting Time.
The first 30 minutes of waiting time at point of collection and delivery are free. Thereafter waiting time is charged in 15 minute increments at the rate of £5.00 per 15 minutes or part thereof. The Carrier will attempt to have waiting times confirmed by signature at the location but this cannot be guaranteed.
INDEMNITY
The Customer shall indemnify us against:
- All consequences suffered by us (including but not limited to claims, 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 agents of either of them, insufficient or improper packaging, labelling or addressing of the Consignment or fraud.
- All claims and demands whatsoever by whomsoever made in excess of our liability under these terms and conditions.
- All losses suffered suffer by and claims made against us resulting in loss or damage to property caused by or arising out of the carriage of dangerous goods whether or not declared by the Customer as such.
CLAIMS PROCEDURE
In case of loss or damage resulting in a claim you must immediately notify our office within seven working days from the date of carriage .Your rights are not affected.
We shall have a general lien against the Customer, where the Customer is the owner of the Consignment, for any money whatever due from the Customer to us. If such a lien is not satisfied within a reasonable time we may at our absolute discretion sell the Consignment or part thereof as agent for the Customer and apply the proceeds towards money due and the expenses of the retention, insurance and the 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, we shall have a particular lien against the said owner of the Consignment, allowing us to retain possession, but not dispose of, the goods against the money due from the Customer in respect of the Consignment.
LAW AND JURISDICTION
Disputes arising from this contract of carriage relating to the amount of monies owed to us by you shall be subject to the laws and courts of the country in which TOMAR TRANSPORT LTD. or any of our independent contractors that accepts your shipment for carriage is based.
DATA PROTECTION ACT
For all account applications, a credit search will take place using a credit reference agency.