Terms and Conditions
1. All and any business undertaken, including any advice or information given or service provide, whether gratuitously or not, by Weyline Cars Ltd [inc all relevant trading names] hereinafter called “the company” is transacted subject to the terms and conditions hereafter set out and each condition shall be deemed to be deemed incorporated in and be a condition of any agreement between the company and it’s customers.
2. In these conditions of trading [hereinafter called “these conditions”] the company means and [unless the context precludes the same] includes the company’s servants, agents and any person or persons carrying goods under any contract with the company. “Customer” means any person who contracts for the services of the company and includes the customer’s servants or agents.
3. The company is not a common carrier and will accept goods for carriage only on these conditions.
4. No agent or person employed by or under contract with the company has any authority to alter in any way these conditions unless previously expressly authorised to do so by the company.
5. If any legislation is compulsory applicable to any business undertaken, these conditions shall as regards such as business be read as subject to such legislation and noting in these conditions shall be constructed as a surrender by the company of any of its rights or immunities or as an increase of any of it’s responsibilities or liabilities under such legislation to any extent such part shall as regards such business be void to that extent but no further.
6. Customers entering into transactions of any kind with the company for the carriage of goods expressly warrant that they are either the owners of the authorised agents of the owners of any goods to which the transaction relates and further warrant that they are authorised to accept and are accepting these conditions not only for themselves but also as agents for and on behalf of all other persons who are or may thereafter become interested in the goods.
7. Any instructions or business accepted by the company may in the absolute discretion of the company be fulfilled by the company itself by its own servants performing part or all of the relevant services or by the company employing or instructing or entrusting the carriage of goods to others to perform part or all of the service.
8. Subject to express instructions given by the customer, the company reserves to its self absolute discretion as to the means, route and procedure to followed in the handling, storage and transportation of goods. Further, if in the opinion it is at any stage necessary or desirable in the company’s interests to depart from those instructions, the company shall be at liberty to do so.
9. The customer warrants that all goods entrusted to it for carriage have been properly and sufficiently packed, labelled and/or prepaid.
10. All offers and quotations by the company for its services are given on the basis of prompt acceptance by the customer and shall only remain open for acceptance for the period of seven days unless revoked, withdrawn or verified by the company prior to such acceptance.
11. All credit accounts are invoiced monthly/weekly with statements being rendered monthly/weekly. Invoices must be settled within 30/7 days from receipt of invoice. Where payment is not received by that date, the company the company reserves the right to impose a surcharge on all outstanding balances at the rate of 3% per month and withdraw/debit any discount previously applied.
12. (i) The company shall only be responsible for any loss or damage to goods for any non delivery or mis-delivery if it is proved that the loss, damage, non-delivery occurred whilst the goods were in the actual custody of the company and under its actual control and that such loss, damage, non-delivery, mis-delivery was due to the negligence of the company. It is incumbent upon the customer to ensure that any goods believed to be of a greater value than the agreed liability of the company will be covered by such insurance incepted by the customer ensuring that the company is not exposed to any risk or liability, save for those sums agreed
(ii) The company shall only be liable for any non-compliance or mis-compliance with instructions given to it if it is proved that the same was caused by the negligence or fault of the company.
(iii) Save as aforesaid the company shall be under no liability whatsoever and however arising and whether in respect of or in connection with any goods or any instructions, business, advice, information or service or otherwise.
2. In these conditions of trading [hereinafter called “these conditions”] the company means and [unless the context precludes the same] includes the company’s servants, agents and any person or persons carrying goods under any contract with the company. “Customer” means any person who contracts for the services of the company and includes the customer’s servants or agents.
3. The company is not a common carrier and will accept goods for carriage only on these conditions.
4. No agent or person employed by or under contract with the company has any authority to alter in any way these conditions unless previously expressly authorised to do so by the company.
5. If any legislation is compulsory applicable to any business undertaken, these conditions shall as regards such as business be read as subject to such legislation and noting in these conditions shall be constructed as a surrender by the company of any of its rights or immunities or as an increase of any of it’s responsibilities or liabilities under such legislation to any extent such part shall as regards such business be void to that extent but no further.
6. Customers entering into transactions of any kind with the company for the carriage of goods expressly warrant that they are either the owners of the authorised agents of the owners of any goods to which the transaction relates and further warrant that they are authorised to accept and are accepting these conditions not only for themselves but also as agents for and on behalf of all other persons who are or may thereafter become interested in the goods.
7. Any instructions or business accepted by the company may in the absolute discretion of the company be fulfilled by the company itself by its own servants performing part or all of the relevant services or by the company employing or instructing or entrusting the carriage of goods to others to perform part or all of the service.
8. Subject to express instructions given by the customer, the company reserves to its self absolute discretion as to the means, route and procedure to followed in the handling, storage and transportation of goods. Further, if in the opinion it is at any stage necessary or desirable in the company’s interests to depart from those instructions, the company shall be at liberty to do so.
9. The customer warrants that all goods entrusted to it for carriage have been properly and sufficiently packed, labelled and/or prepaid.
10. All offers and quotations by the company for its services are given on the basis of prompt acceptance by the customer and shall only remain open for acceptance for the period of seven days unless revoked, withdrawn or verified by the company prior to such acceptance.
11. All credit accounts are invoiced monthly/weekly with statements being rendered monthly/weekly. Invoices must be settled within 30/7 days from receipt of invoice. Where payment is not received by that date, the company the company reserves the right to impose a surcharge on all outstanding balances at the rate of 3% per month and withdraw/debit any discount previously applied.
12. (i) The company shall only be responsible for any loss or damage to goods for any non delivery or mis-delivery if it is proved that the loss, damage, non-delivery occurred whilst the goods were in the actual custody of the company and under its actual control and that such loss, damage, non-delivery, mis-delivery was due to the negligence of the company. It is incumbent upon the customer to ensure that any goods believed to be of a greater value than the agreed liability of the company will be covered by such insurance incepted by the customer ensuring that the company is not exposed to any risk or liability, save for those sums agreed
(ii) The company shall only be liable for any non-compliance or mis-compliance with instructions given to it if it is proved that the same was caused by the negligence or fault of the company.
(iii) Save as aforesaid the company shall be under no liability whatsoever and however arising and whether in respect of or in connection with any goods or any instructions, business, advice, information or service or otherwise.
(iv) It shall be the responsibility of the customer to satisfy himself that any load that he/she wishes to have carried by the company shall be suitable for conveyance in the vehicle or machine ordered by the customer and provided by the company and if the customer accepts the vehicle or machine offered by the company for the carriage of such load, the company shall accept no liability whatsoever for any loss or damage to such load arising from the unsuitability of such vehicle or machine.
(v) Without prejudice to the generality of the foregoing and in the absence of express agreement by the company’s managing director the company can under no circumstances whatsoever accept any responsibility for any delay to goods being delivered, save for that proven to be caused by negligence by the company.
(vi) Further and without prejudice to the generality of the preceding sub condition the company shall not, whether under sub conditions (i) or (ii) or otherwise, be under any liability whatsoever for any detentions of goods or any other consequential loss, damage or deterioration arising there from except where (a) the customer shall have specified to the company the nature of the goods and the purpose for their transit and the company through its managing director shall have agreed in writing with the customer a time scheduled and specification in respect of the transit of said goods. (b) it shall be proved that such detention, delay, loss, damage or deterioration was due to the negligence of the company.
13. In no case whatsoever shall any liability of the company shall any liability of the company however arising and notwithstanding any lack of explanation exceed the value of relevant goods or £1,000 [One Thousand Pounds] per consignment whichever is the less.
14. In any even the company shall be discharged from all liability for the loss from a package or an unpacked consignment or for damage or mis-delivery [however caused] unless the company is advised thereof in writing within 7 days and a quantified claim is made in writing 28 days after the end of the transit of the consignment.
15. The company will not accept or deal with any noxious, dangerous, hazardous or dangerous or explosive goods or any goods likely to cause damage. Should the customer nevertheless deliver any such goods to the company or cause the company to handle or deal with any such goods they shall be liable for all loss or damage howsoever caused by to or in connection with the goods however arising and shall indemnify the company against penalties, claims, damages, costs and expenses whatsoever arising in connection therewith and the goods may be destroyed or otherwise dealt with at the sole discretion of the company or by any other person in whose custody they may be at the relevant time.
16. Except under special arrangements previously made in writing the company will not except or deal with bullion, money, precious stones, coins, cash, jewellery, valuables, antiques, pictures [excluding commercial artwork], livestock or plants. Should any customer nevertheless deliver any such goods to the company or cause the company to handle, transport or deal with any such goods other than under special arrangements previously made in writing the company shall be under no liability whatsoever for or in connection with the goods however arising.
17. All sums shown to be due to the company on its invoices sent to the customer shall be paid to the company immediately when due without any deductions and payment shall not be withheld or deferred on account of any claim, counter claim or set off.
18. All agreements between the company and its customers shall be governed by English Law and be within the exclusive jurisdiction of the English Court.
19. There is a minimum charge of £30.00 + VAT on all invoices raised either weekly or monthly, except for those specifically excluded at the agreement of the company.
(v) Without prejudice to the generality of the foregoing and in the absence of express agreement by the company’s managing director the company can under no circumstances whatsoever accept any responsibility for any delay to goods being delivered, save for that proven to be caused by negligence by the company.
(vi) Further and without prejudice to the generality of the preceding sub condition the company shall not, whether under sub conditions (i) or (ii) or otherwise, be under any liability whatsoever for any detentions of goods or any other consequential loss, damage or deterioration arising there from except where (a) the customer shall have specified to the company the nature of the goods and the purpose for their transit and the company through its managing director shall have agreed in writing with the customer a time scheduled and specification in respect of the transit of said goods. (b) it shall be proved that such detention, delay, loss, damage or deterioration was due to the negligence of the company.
13. In no case whatsoever shall any liability of the company shall any liability of the company however arising and notwithstanding any lack of explanation exceed the value of relevant goods or £1,000 [One Thousand Pounds] per consignment whichever is the less.
14. In any even the company shall be discharged from all liability for the loss from a package or an unpacked consignment or for damage or mis-delivery [however caused] unless the company is advised thereof in writing within 7 days and a quantified claim is made in writing 28 days after the end of the transit of the consignment.
15. The company will not accept or deal with any noxious, dangerous, hazardous or dangerous or explosive goods or any goods likely to cause damage. Should the customer nevertheless deliver any such goods to the company or cause the company to handle or deal with any such goods they shall be liable for all loss or damage howsoever caused by to or in connection with the goods however arising and shall indemnify the company against penalties, claims, damages, costs and expenses whatsoever arising in connection therewith and the goods may be destroyed or otherwise dealt with at the sole discretion of the company or by any other person in whose custody they may be at the relevant time.
16. Except under special arrangements previously made in writing the company will not except or deal with bullion, money, precious stones, coins, cash, jewellery, valuables, antiques, pictures [excluding commercial artwork], livestock or plants. Should any customer nevertheless deliver any such goods to the company or cause the company to handle, transport or deal with any such goods other than under special arrangements previously made in writing the company shall be under no liability whatsoever for or in connection with the goods however arising.
17. All sums shown to be due to the company on its invoices sent to the customer shall be paid to the company immediately when due without any deductions and payment shall not be withheld or deferred on account of any claim, counter claim or set off.
18. All agreements between the company and its customers shall be governed by English Law and be within the exclusive jurisdiction of the English Court.
19. There is a minimum charge of £30.00 + VAT on all invoices raised either weekly or monthly, except for those specifically excluded at the agreement of the company.
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