Wheelhaul Division : Terms and Conditions
Herein are the complete terms and conditions for the Wheelhaul Division of Deal Locators Ltd which consists of Centurion Business Services and Courier-Networks and covers all logistic services supplied to third parties including (but not exclusively) fulfilment, pick & pack, distribution, carriage, storage, courier and mail house services.
1. DEFINITIONS
1.1. “Centurion Business Services” and “Courier Networks” (hereafter referred to individually as “Centurion” and “Courier-Networks” (respectively) or jointly as “Wheelhaul”), refer to any trading styles, trading names, products, services and/or websites that may be owned by Deal Locators Ltd or used by the aforementioned from time to time for providing logistic services.
1.2. “The customer” and “The Client” refers to the firm, organisation or person(s) instructing Wheelhaul to undertake on their behalf logistic, postal, transport, storage and/or other activities as described in the “”Booking” or “Order” placed by the client.
1.3. “The Parties” refers to Wheelhaul (as a Division of Deal Locators Ltd) and the Customer.
1.4. “Goods” refers to any item, in whatever shape or form, that is to be posted, carried, transported, forwarded, stored or otherwise deal with by Wheelhaul on behalf of the Customer.
1.5. “Consignee” means the person, firm or organization to whom a consignment is to be delivered.
1.6. “Interested Party” means the Customer, the Client or any other party (including the consignee) with an interest in the consignment, the goods and/or transaction.
1.7. “Consignment” means goods or property, whether or not contained in separate parcels, packages, containers or envelopes including any paper, documents and cash that the customer requires to be delivered to the Consignee.
1.8. “Dangerous Goods” means dangerous goods as defined in the Carriage of Dangerous Goods by Road Regulations 1996 (as amended, re-enacted or extended from time to time), and any other substance likely to cause or encourage disease, vermin, pests or other hazard.
1.9. “Excluded Goods” means goods as specified on the Website from time to time which shall include (but not exclusively) animals (live and dead), illegal substances, guns and explosives.
1.10. “Restricted Goods” means goods that may be carried but only with prior notification and subject to safety, security and/or statutory requirements.
1.11. The “Limit” refers to the total value, whether defined per tonne or per kilogram (“Kg”) gross weight or per item of that part of the Goods in respect of which a claim arises whether in storage or as a consignment when covered by an insurance policy or Wheelhaul’s Added Liability Cover.
1.12. “Added Liability Cover” refers to an additional charge that is provided by Wheelhaul as an option to the customer that, subject to other terms and conditions herein and those of third party carriers, if paid by the Customer to Wheelhaul increases Wheelhaul’s liability for any loss to the full replacement value of the goods involved.
1.13. “Freight Forwarding” refers in general to the organising of activities involved in the moving of customer’s goods and/or belongs from one location to another, whether or not across international boundaries, including all associated activities such as (but not exclusively) dealing with couriers, shipping lines, airlines, hauliers, ports, customs and other official bodies. The colloquial terms “Importing” and “Exporting” are included within this general meaning.
1.14. “Courier Service” refers to the movement on behalf of the customer of their goods (including belongings, paperwork, documents and/or cash) from one agreed location to another.
1.15. “Credit” refers to monies paid by Wheelhaul on behalf of the customer when executing the customer’s instructions where such monies have not been previously paid by the customer to Wheelhaul.
1.16. “Consignment” refers to a client’s order for the movement of goods and/or freight of whatever size, complexity and/or nature.
1.17. “Third parties involved in the consignment” refers generally to shippers, hauliers, couriers, port authorities and other agencies (including government agencies) who may be involved at some stage with the consignment.
1.18. “The Carrier” or “Carriers” refers to Courier-Networks and/or any third party organisation that is entrusted, in full or in part, with the transportation of the consignment(s).
1.19. “Fulfilment” refers to a service provided by Wheelhaul that stores, receives orders, packages, and ships the ordered item(s) to, inter alia, retailers and consumers.
1.20. “Customer’s Account” or “Account” refers, in general terms, to the amount the customer owes to Deal Locators Ltd (as owner of Wheelhaul) for work undertaken by and services provided by Wheelhaul.
1.21. “Loss” includes (without limitation) loss (including theft), destruction, damage, unavailability, contamination, deterioration, delay, non-delivery, mis-delivery, unauthorized delivery, non-compliance with instructions or obligations, or incorrect advice or information.
1.22. “Force Majeure” refers to any event or act beyond the reasonable control of Wheelhaul which prevents and/or delays the performance of any of Wheelhaul’s obligations herein. Wheelhaul shall be relieved of its obligations to the extent that their performance is prevented or delayed by, or their non-performance results wholly or partly from such events including (but not exclusively) acts of God, accident, storm, flood, fire, war, riot, civil unrest, act of terrorism, chemical or biological contamination, strikes & industrial disputes, outbreak of epidemic or pandemic disease, compliance with law & governmental order/rule/regulation, or failure of utility service.
1.23. For the purpose of clarity herein, (i) the singular shall also mean the plural, and visa versa, and (ii) the male gender shall also mean the female gender, and visa versa.
2. GENERAL CONDITIONS
2.1. Unless otherwise stated, it will be assumed that the customer has full power and authority to enter into and perform its obligations under these Conditions.
2.2. These Conditions apply to the exclusion of any other Conditions (including the customer’s) unless mutually varied in writing or by contract. Other than a Principal, no employee, agent or sub-contractor of Wheelhaul is authorized to alter or vary these Conditions.
2.3. Any quotation by Wheelhaul may be subject to variation if:
2.3.1. More than 28 days elapse from the date of quotation to the date of booking,
2.3.2. Where the nature, size and/or weight of a consignment differs from that originally specified by the customer, and
2.3.3. Where the destination of the consignment is altered.
2.4. Wheelhaul will use best endeavours to prevent and limit delays, additional cost and additional consequential costs for the customer. Provided that any delay is not a result of an oversight or failure by Wheelhaul, there is no onus herein upon Wheelhaul to be held responsible for financially expediting any situation where delays are causing either consequential additional cost to the customer or loss of profit by the customer.
2.5. Interest may be charged by Wheelhaul on monies overdue to Deal Locators Ltd at the rate of 2% for each calendar month during all or part of the period that it is overdue. Monies owing by the customer to Deal Locators Ltd are subject to a credit period and if not settled within the designated period may also result in Wheelhaul, until such time as settlement has been made in full:
2.5.1. Ceasing to carry out further work for and/or on behalf of the customer and
2.5.2. Exercise a lien and be entitled (but not obliged) to retain possession of products, documents, monies, books and records relating to the customer and/or its products until the customer has paid all monies due to Deal Locators Ltd (whether Rates, Expenses, Storage or Premiums) even where such non-payment is a dispute over Wheelhaul’s charges. Deal Locators Ltd may sell anything that is subject to a lien and use the sale proceeds towards payment of the customer’s unpaid invoices and/or other applicable charges. Also, following termination of the Agreement Deal Locators Ltd may dispose of the product(s) by giving it away or disposing of it, selling it, or destroying it acting in its sole discretion.
2.6. Where a customer fails to settle their account and it remains outstanding for an extended period, Deal Locators Ltd may refer such an account to a debt recovery agent where the customer will additionally be liable for:
2.6.1. Any additional costs and charges resultantly incurred by Deal Locators Ltd,
2.6.2. Fees and costs of the debt recovery agent, and
2.6.3 Associated court, solicitor and disbursement costs in recovering the outstanding balance. Interest may be applied daily at court rate. Additionally, where Deal Locators Ltd has a lien on the customer’s goods, these goods may be offered for sale in order to recover outstanding monies.
2.7. Wheelhaul cannot be held liable or responsible for any unforeseen circumstances or liabilities that result from any changes in the customer’s financial circumstances. The customer must inform Deal Locators Ltd whenever their circumstances change including any changes to their contact details.
2.8. The customer may only terminate any order placed by giving immediate notice in writing. On receipt, Wheelhaul will cease work on any such job and/or consignment and, where applicable, cease payment to any third party involved in the job and/or to any of the customer’s creditors. Wheelhaul will be entitled to be paid by the customer of any work and/or costs incurred on that job to date plus, where appropriate, a cancellation fee to offset termination and other administrative costs provided that the amount is not greater than the total amount contractually owed to Wheelhaul for that consignment.
2.9. Wheelhaul can refuse to undertake work for a customer should they breach the conditions herein, or fail to make agreed payments, or fail to give correct and complete information about their ability to make payments, or where it is subsequently discovered that the customer has supplied incorrect or fraudulent information. Wheelhaul may also refuse when a bankruptcy or winding up petition is made against the customer, or when, by their action(s), the customer may affect the reputation of Wheelhaul and/or Deal Locators Ltd.
2.10. If, for whatever reason, this agreement is terminated, Wheelhaul’s duties and obligations under this agreement will cease immediately.
2.11. Following the termination of an agreement, for whatever reason, any monies owed by the customer to Wheelhaul will be payable on immediate demand.
2.12. Wheelhaul 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:
2.12.1. Loss due to delay; and/or
2.12.2. Loss of anticipated savings; and/or
2.12.3. Loss of business and/or goods; and/or
2.12.4. Loss of goodwill; and/or
2.12.5. Loss of use; and/or
2.12.6. Loss of data or other information; and/or
2.12.7. Loss relating to the procurement by the customer of any substitution of goods or services. For the avoidance of doubt, the types of loss and/or damage specified in this clause shall not constitute direct loss for the purpose of these Conditions.
2.13. The customer may not use Wheelhaul’s services in connection with or for the purposes of any illegal or immoral activity.
2.14 Wheelhaul shall not be held responsible or liable for any event beyond its reasonable control which prevents Wheelhaul from performing its obligations under these terms and conditions including, but not limited to:
2.14.1 Acts, omissions or misrepresentations by the customer, the owner of the consignment, the consignee or any independent or third party contractor;
2.14.2 Natural deterioration or fragility of the consignment (notwithstanding that it may be marked “Fragile”);
2.14.3 Any unforeseen circumstances or causes beyond Wheelhaul’s control including Force Majeure;
2.14.4 Insufficient or improper packing, labelling or addressing, unless it is previously agreed in writing that the carrier shall perform such task; and
2.14.5 Marine and Air risk.
2.15.1 Where consignments are transported beyond the United Kingdom (“UK”), liability upon Wheelhaul shall be restricted to the amount of cover provided by the international agent or carrier chosen at Wheelhaul’s absolute discretion. Details of such cover shall be provided to the customer upon request.
2.15.2 Where carriage by air involves an ultimate destination or stop outside the country of origin the Warsaw Convention may apply. The Warsaw Convention governs and in most cases limits the liability of carriers in respect of loss of or damage or delay to cargo. (For the purpose of these terms the phrase “the Warsaw Convention” means (i) the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12th October 1929 and/or (ii) that Convention as amended or supplemented by any protocol or supplementary convention and/or (iii) the Montreal Convention 1999, whichever is applicable.)
2.15.3 Notwithstanding any clause to the contrary, international carriage by road may be subject to the provisions of the Convention on the Contract for the International Carriage of Goods by Road signed at Geneva on 19th May 1956 (“the CMR Convention”).
2.16 Indemnity to Wheelhaul: The customer shall indemnify the carrier against:
2.16.1 All losses suffered by the Wheelhaul (including but not limited to claims, demands, proceedings, fines, penalties, damages, costs, expenses and loss of or damage to carrying vehicles 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 the consignee;
2.16.2 All claims and demands made against Wheelhaul by any third party in excess of the liability of Wheelhaul under these Conditions;
2.16.3 All losses suffered by and claims made against Wheelhaul resulting from loss of or damage to property caused by or arising out of the carriage of Dangerous Goods; and
2.16.4 All claims made upon Wheelhaul by Her Majesty’s Revenue & Customs (“HMRC”) in respect of dutiable goods consigned in bond whether or not transit has ended or been suspended.
2.17 Wheelhaul shall not be liable for loss of, misdelivery or damage to any consignment unless it is notified by the customer in writing within 14 days of the end of the transit. A claim for loss or damage will not be accepted on the consignment note after that period.
3. CANCELLATION AND TERMINATION
3.1 CANCELLATION
3.1.1 If purchasing as a consumer, the customer has the right to cancel their Agreement with Wheelhaul, by notice in writing, at any time before 14 working days have passed from the day after the Agreement was made.
3.1.2 If, however, Wheelhaul starts to perform the services as set out in the Agreement with the consent of the customer before the customer exercises this right to cancel, the right to cancel is lost.
3.2 TERMINATION
3.2.1 The Agreement shall terminate automatically if either Wheelhaul or the customer suffers the equivalent of any of the following events:
(i) Entering into liquidation whether compulsory or voluntary (save for the purpose of reconstruction or amalgamation),
(ii) Suffering an appointment of a Receiver or an Administrative Receiver,
(iii) Changing its status from limited to unlimited or vice versa without prior knowledge of the other Party,
(iv) Making any composition or entering into any arrangement with its creditors,
(v) Permitting any execution to be levied on its premises.
(vi) If an order is made for the appointment of an administrator to manage the affairs, business and property of the customer or documents are filed with a court of competent jurisdiction for the appointment of an administrator or a notice of intention to appoint an administrator is given by the customer or its directors or by a qualifying floating charge holder (as defined in Para 14 Schedule B1 Insolvency Act 1986).
3.2.2 Wheelhaul may terminate or suspend its performance of the Agreement (as regards some or all of its Services) with immediate effect by written notice to the customer if:
(i) The Customer is late in any payment obligation; or
(ii) The Customer is in breach of any term of this Agreement. In any such event, any payment due remains payable and, if already paid, will be nonrefundable.
3.2.3 Termination of the Contract shall not prejudice any rights of either party, which have arisen on or before the date of termination. On suspension expiry or termination of the Agreement, at Wheelhaul’s request, the customer shall at the customer’s own cost remove any product held by Wheelhaul at a time and in a manner reasonably convenient to Wheelhaul. If the customer fails to do so when requested then, despite termination of any Agreement, Wheelhaul shall be entitled to charge the customer (and the Customer shall pay on receipt of invoice) a reasonable charge for all storage of customer’s products from the date of Agreement termination. It shall be reasonable for Wheelhaul to charge for storage rates not less than those payable during the Agreement, if any. If prior to or following termination of the Agreement, Deal Locators Ltd shall be owed monies, the provisions of clause 2.5 shall apply.
4. CONDITIONS RELATING TO FREIGHT, PALLET, PARCEL AND POSTAL SERVICES
4.1 All Bookings are subject to the terms and conditions herein and each booking or order shall be deemed to be a separate and independent contract and Wheelhaul reserves the right to amend any booking at any time upon notice to the customer.
4.2.1 Centurion does not act as a common carrier and where the carriage of a consignment is handled by a third party or sub-contract courier, haulier, shipper, airline, forwarder, postal service or like (whether in the UK or in an overseas territory), the terms and conditions of such a courier, haulier, shipper, airline, forwarder, postal service or like shall additionally apply to the customer. Where a consignment is collected in the name of Centurion by Courier-Networks, the terms within clause 8 (and its sub-sections) shall apply to such collections.
4.2.2 Courier-Networks acts as the common carrier within the Wheelhaul Division. For the terms and conditions relating to Courier-Networks’s Collecting and Delivery (Courier) Services see clause 8 below and the terms and conditions contained therein will additionally apply to those within this section.
4.3 The customer shall notify Wheelhaul at the time of booking if the consignment contains:
(i) Dangerous Goods (as defined in the Carriage of Dangerous Goods by Road Regulations 1996 (as amended));
(ii) Restricted Goods and/or Excluded Goods [see list of Restricted, Excluded and Dangerous Goods]
(iii) Cash or cash equivalent, the value thereof being in excess of £5,000 including (but not exclusively) travellers’ cheques, bearer bonds, bank cards, credit cards, and mobile phones or equivalent;
(iv) Perishable goods; and
(v) Where the total value of the consignment for delivery within the UK is in excess of (GBP) £5,000.00 or is of a value in excess of two hundred and fifty pounds sterling (£250) in the case of a consignment(s) to be sent overseas.
4.4 Additional Charges
4.4.1 All fees, charges and appropriate additional charges may be imposed by Wheelhaul if Wheelhaul is prevented from performing its obligations by any circumstance beyond its control except to the extent that Wheelhaul’s failure to perform is caused solely by a force majeure event as specified herein.
4.4.2 Unless agreed otherwise with Wheelhaul, the consignment shall only be delivered to the address specified by the customer at the time of booking and Wheelhaul reserves the right to vary its charges in respect of any variation to the delivery address requested by the customer.
4.5. Added Liability Cover:
4.5.1 If the value of the consignment to be sent within the UK is less than five thousand pounds sterling (£5,000), the customer may request and pay Wheelhaul to provide and/or organise “Added Liability Cover” to provide a higher limitation on Wheelhaul’s liability in respect of such consignment up to the value of such Consignment.
4.5.2 In these circumstances, Wheelhaul shall charge the customer (and the customer shall pay) an additional fee calculated as £5 plus two per cent (2%) of the declared value of the consignment for the Added Liability Cover.
4.5.3 Where the value of the consignment is greater than £5,000, the Added Liability Cover shall be 2% of the declared value subject to a minimum charge of (and the customer shall pay) one hundred pounds sterling (£100) and shall be agreed on acceptance of the Booking.
4.5.4 In the event that the value of the Consignment being delivered within mainland Britain is worth in excess of five thousand pounds (£5,000) and the Customer fails to notify this to Wheelhaul at the time of booking, Wheelhaul will not be liable to pay to the customer for any loss, damage or other claims more than the normal rate of compensation as laid out within these Terms and Conditions.
4.5.5 Clauses 4.5.1, 4.5.2, 4.5.3 and 4.5.4 do not apply to Excluded Goods. Wheelhaul will not accept for compensation any consignments which contain Excluded Goods in whole or in part. Such consignment(s) will be delivered solely at the customer’s risk and the customer shall indemnify and keep Wheelhaul indemnified against any and all losses, damages, claims, liabilities, costs and expenses (including, without limitation, legal costs and expenses) suffered or incurred by Wheelhaul and/or the carrier arising out of, or in connection with, the delivery of the consignment comprising such Excluded Goods in whole or in part.
4.5.6 Where the consignment carries Added Liability Cover, the customer will need to complete a claim form to make a claim and provide documentary evidence as to the replacement value (and not the sale value) of the consignment for which the carrier will be liable less an Excess Charge of £50.00.
4.5.7 Where it transpires that the value of a consignment is greater than the amount declared by the customer at the time of booking, Wheelhaul will only be liable for the amount declared by the customer less an Excess Charge of £50.00.
4.5.8 Where the customer (i) does not accurately declare the nature of the goods contained within the consignment, or (ii) fails to declare that there are perishable goods, or (iii) does not declare that the consignment comprises Dangerous, Excluded or Restricted Goods in whole or in part or (iv) fails to pay the Additional Fee when due, the total liability of the carrier for that consignment shall be as set out in clause 4.5.10 below.
4.5.9 Wheelhaul’s Liability in respect of each booking will vary and will be calculated in accordance with the circumstances and also the value of the Consignment. The total liability of Wheelhaul in respect of any booking is calculated, subject to prior investigation and verification of any claim by the customer, as follows:
4.5.10 Where a consignment does not have Added Liability Cover, the liability will be calculated as the lesser of (i) the claimed value of the goods or (ii) £12 per Kg or part thereof (volumetric or actual weight, whichever is the greater) of the documented weight of the consignment. Any such liability will be subject to clause 4.6.1 below.
4.5.11 Where a consignment does have Added Liability Cover, the liability will be calculated as the cost or replacement value of the goods (not the sale value of the goods) less a £50 Excess charge.
4.6 Delivery
4.6.1 The customer shall ensure that and the consignment is secure, properly packed and labeled in accordance with good practice and any applicable statutory requirements. Specifically, the customer is responsible for ensuring that the consignment is packed in a manner to (i) minimise the possibility of damage / breakage to itself or other consignments being carried, and (ii) is fit and safe to be carried, stored and transported by road, air, rail or sea as may be appropriate.
4.6.2 Wheelhaul will use all reasonable efforts to deliver within the time specified for delivery but, unless otherwise specifically agreed, these are estimates only.
4.6.3 Unless otherwise agreed in writing with the customer or where a consignment is specifically booked as a pallet, Wheelhaul and/or its agents shall not be required to provide any labour or special equipment for loading or unloading a consignment, other than that carried by the vehicle normally used by the carrier. With regard to parcels, no single item within a consignment should be larger or heavier (maximum weight of 25 kgs) than can be reasonably expected to be lifted and placed in a van by an adult person.
4.6.4 Should Wheelhaul agree to accept at the time of booking an oversize consignment, the customer warrants that it will provide or procure any special equipment that may be required for loading and unloading the consignment and shall indemnify and hold harmless Wheelhaul for any damage to the consignment or to the Carrier especially where 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.
4.6.5 Should, on collection, the consignment be greater in size and/or weight than represented by the customer at the time of booking, Wheelhaul and/or the carrier employed to make the collection is at liberty at its discretion to either (i) refuse to accept the consignment for carriage or (ii) modify the agreed carriage charge to reflect the nature of the consignment. In either case Wheelhaul is at liberty to charge a fee for attending to make the collection and/or an additional charge for its carriage.
4.6.6 Consignments shall be delivered using such routes and sub-contractors (carriers) as Wheelhaul in its absolute discretion thinks fit.
4.7 All Dangerous and Restricted Goods and their required details must be disclosed by the customer in advance in order for Wheelhaul to make appropriate arrangements for the carriage of such goods. Where carriage is accepted, Dangerous Goods must be classified, packed and labelled in accordance with any applicable statutory regulation for the carriage of such Dangerous Goods and with any specific instructions for Wheelhaul and/or the carrier. The customer shall further provide such information, documentation and/or declaration as may be necessary to enable the carriage of such Dangerous and Restricted Goods.
4.6 Wheelhaul shall not be liable for any loss or consequential liability, however caused, unless Wheelhaul has specifically agreed in writing to accept such liability. Where any liability is accepted by Wheelhaul, Wheelhaul reserves the right to charge the customer an additional amount for such consignments, this amount being not less than 2% of the customer’s declared value of the consignment. In all cases Wheelhaul shall not be liable for more that their agreed portion of the liability and, where it becomes apparent that the customer has provided a false valuation (erroneously or otherwise), Wheelhaul shall only be liable for the lesser amount whether this be the declared or actual valuation. In all cases, the term “valuation” refers to the replacement or cost value of the product and not the sales value.
4.7 Wheelhaul, where required by the customer, will quote individually on each job undertaken unless there is a contractual agreement with the customer.
4.8 Unless otherwise agreed in writing, the consignment shall only be delivered to the address specified by the customer at the time of booking. Wheelhaul reserves the right to vary its charges for any change(s) by the customer to the delivery address.
4.9 Wheelhaul shall arrange delivery of consignments according to such route(s) as it in its absolute discretion thinks fit.
4.10 Where the customer does not employ Wheelhaul’s fulfilment services to pack for them, the customer shall be responsible for ensuring that any consignment is securely & properly packed and labelled consistent with good practice & applicable statutes, and that it is fit and safe to be carried, stored and transported by road, rail, air and/or sea.
4.11 The customer is responsible for providing sufficient information to Wheelhaul and/or the carrier in order for the carrier to fulfil its obligations under these terms and conditions. Specifically the customer is responsible for ensuring that the consignee address, including post code, is correct and for supplying a contact phone number for the consignee (and or their agent) at the time of booking or collection of the consignment. Where the customer fails to provide a valid phone number, the customer will be liable to pay any charges arising from additional costs incurred or charged by the carrier for the re-delivery, storage and/or return of the consignment.
4.12 Transit
4.12.1 Transit commences when Wheelhaul (or an agent /sub-contractor instructed by Wheelhaul) takes possession of the consignment, whether at the customer’s premises or at some other point of collection.
4.12.2 Subject to clause 4.12.3, transit shall (unless otherwise agreed) end when the consignment is tendered at the address of the consignee’s which was provided at the time of booking by the customer.
4.12.3 In cases where a consignment: (i) cannot be delivered (for whatever reason) or (ii) is held by the carrier to await further instructions from the customer and such instructions are not given, or (iii) where the consignment is not collected by the consignee or the carrier is not contacted by the consignee within 72 hours of notice of a card being left at the consignee’s address, then the carrier will return the consignment to the customer and the customer will be liable to pay for the cost of the delivery and the cost of returning the consignment.
4.12.4 Where a consignee is out and delivery cannot be made (for whatever reason), the carrier will attempt a further delivery but failure will result in the action outlined in clause 4.12.3 being undertaken. The carrier may charge the customer a re-delivery charge, the amount as set from time to time.
4.12.5 Wheelhaul and 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 suffers in attempting to effect delivery.
4.12.6 The customer understands and accepts that Wheelhaul and the carrier shall be entitled to open and examine any consignment that is considered to be a potential security, health or safety risk and for Wheelhaul and/or the carrier to take, at its sole discretion, such appropriate action thereafter. This will include consignments that are believed to possibly endanger or cause damage to other consignments being carried by the carrier.
4.13 Undelivered or Unclaimed Goods:
4.13.1 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, Wheelhaul shall use reasonable endeavours to notify the customer and the consignee of any undelivered or unclaimed consignment. If after after 7 days (or such other time as the carrier may nominate) of notice being given no instruction has been received from the customer, the carrier will return the consignment to the customer at the expense of the customer as outline in clause 4.12.3. However, should the customer fail to pay such charge, the title to the consignment shall transfer to Wheelhaul who may dispose of or sell the goods as if it were the absolute owner.
4.13.2 Wheelhaul shall use its reasonable endeavours to obtain a reasonable price for the goods 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 goods. Any proceeds left over shall be paid to the customer upon which Wheelhaul shall be discharged from all liability in respect of the consignment.
4.14. Cancellation
4.14.1 In the event of cancellation of any booking by the customer for the collection and delivery of a consignment that is less than 4 hours prior to the scheduled collection of the consignment from any destination, the customer shall be liable to Wheelhaul for the carrier’s charges in part or full for the carriage of the Consignment.
5. CONDITIONS RELATING TO FREIGHT FORWARDING
5.1 Wheelhaul will at all times, when acting on behalf of the customer, use best endeavours to carry out the customer’s instructions in the most effective manner that suits the customer’s timing and pricing requirements, and which reflect any agreement with the customer. At all times Wheelhaul will use its best endeavours to obtain on behalf of the customer the best solution available for them.
5.2 The customer may be required to pay Wheelhaul some of the amounts required and agreed to fulfil the cost of the consignment prior to Wheelhaul being exposed to making payments on the customer’s behalf.
5.3 Wheelhaul cannot be held responsible or financially liable for the consequences of late payment or non-payment by the customer including consequential actions of creditors and/or third parties involved in the consignment, and any additional costs and charges (including demurrage charges) in relation to the consignment that result from any delayed or nonpayment by the customer.
5.4 Unless otherwise specified, Wheelhaul’s quotations do not cover any duty, VAT or other tax payable on the consignment at the country of destination.
5.5 If delays result from the customer failing to remit payments on time, or from the nature/condition of the contents within the consignment, or a customs/port health issue, the resultant additional costs incurred will be the liability of the customer and will be added to the customer’s account. The customer will be required to pay these additional charges to Wheelhaul within the timescale advised by Wheelhaul to prevent yet further delays, consequential costs and interest. Wheelhaul is rarely able to negotiate lower payments for customers on contracts for consignments already agreed and/or commenced.
5.6 Wheelhaul cannot be held responsible or liable for any actions of third parties irrespective of the fact that the third party(ies) has been instructed by Wheelhaul. The same principle will apply to any event or circumstance that may be construed as being the result of “force majeure”.
5.7 The customer may not have dealings directly with any third party involved in the consignment instructed by Wheelhaul nor instruct alternative third parties to those already instructed by Wheelhaul. Where the customer does give direct or alternative instruction, they will be entirely financially liable for such instructions and for the cost and bills, including consequential additional costs and bills, incurred by Wheelhaul in executing the instruction given to Wheelhaul by the customer.
6. TERMS AND CONDITIONS RELATING TO STORAGE AND WAREHOUSING
6.1 Within these Terms and Conditions, storage and warehousing relate to both individual storage / warehousing agreements as well as where storage / warehousing forms part of a larger operation carried out by Wheelhaul on behalf of the customer.
6.1.1 Wheelhaul will provide its services with reasonable skill and care. In the absence of prior written instruction to Wheelhaul giving sufficient detail, no particular precautions or any special treatment need be taken or provided for with respect to the goods.
6.1.2 In the case of bulk goods, Wheelhaul may deal with and/or mix apparently similar goods consigned by or for the customer without distinguishing between consignments.
6.1.3 Where Wheelhaul is responsible for the carriage of goods destined to or from storage and where such storage does not form part of a larger logistic operation, Wheelhaul’s liability for the goods starts when loading on the vehicle is complete and ends when the goods are tendered for unloading. In the case of storage and / or processing it starts when they are accepted into store and ends when they are tendered for collection, or Wheelhaul becomes aware of the grounds for their removal under Condition 6.2.2 or on the expiry of notice under Condition 6.7.1 or 6.7.2. Where Wheelhaul provides storage and carriage it shall also be responsible for the goods while they are transferred from its vehicle into its store and vice versa. In the case of forwarding, Wheelhaul’s responsibility is only to engage or propose apparently competent contractors and to give them adequate instructions in relation to the goods; and in this case, or where the contract is for advice, it is not responsible for the Goods themselves.
6.1.4 Wheelhaul’s duty is to the customer only and not to any third party. Any advice given is for the customer only.
6.2 CUSTOMER’S UNDERTAKINGS.
6.2.1 Under these Terms and Conditions the customer warrants and undertakes as follows:-
(i) It is either the owner of the goods, or is authorised by the owner to accept these Terms and Conditions on the owner’s behalf.
(ii) The goods shall be presented to Wheelhaul (and/or anyone else, including a carrier, dealing with them) securely and properly packed in compliance with any applicable statutory regulations, recognised standards and best practice and that they will remain in a condition to be safely handled, stored and/or carried in order not to cause in any way injury, damage, contamination or deterioration (or the possibility of any of these) to any person, premises, equipment or to any other items.
(iii) Before Wheelhaul assumes any responsibility for the Goods, the customer will inform Wheelhaul in writing of any relevant matters; including any special precautions necessitated by the nature, weight or condition of the goods and any statutory or other duties specific to the goods with which Wheelhaul or others may need to comply; and will promptly after invoicing pay Wheelhaul’s reasonable extra charges for complying.
(iv) The customer will promptly, after invoicing, reimburse all duties, taxes and expenses that Wheelhaul may be required to pay in respect of the goods including where the liability to pay them arises due to the fault, other act or omission of Wheelhaul or its employees or sub-contractors.
(v) Except to the extent previously notified in detail in writing to (and accepted by) Wheelhaul, goods will be understood to be non-hazardous and/or not contaminating; nor will they cause pollution to the environment or harmful to human health if they escape from their packaging; nor require any official consent or licence to handle, possess, deal with or carry; nor, will at any time whilst in the care or control of Wheelhaul, constitute waste.
(vi) Where Wheelhaul is carrying or arranges the carriage of warehoused goods, the customer will provide a risk assessment and method statement appropriate for the goods and any location in which they are to be handled. Unless otherwise previously agreed the customer will provide suitable facilities and equipment for, and will procure, safe and prompt loading and unloading of the Goods. The customer will pay demurrage at Wheelhaul’s standard rate if the carrier is delayed for more than 30 minutes beyond the time reasonably needed for loading or unloading; and demurrage and storage charges if delivery is refused.
(vii) The customer will comply with any reasonable regulations of Wheelhaul relating to handling, carriage, storage or forwarding of goods (and ancillary matters) which are notified in writing from time to time.
(viii) Information given by the customer or on its behalf shall be materially correct and complete.
6.2.2 The customer will indemnify Wheelhaul against any loss or damage it suffers as a result of carrying out the customer’s instructions or which is related to any breach of the customer’s obligations, and will pay all costs and expenses (including professional fees) incurred in, and Wheelhaul’s reasonable charges for, dealing with the breach and its consequences. The customer will pay an extra charge equal to the amount of any fine or penalty payable by Wheelhaul wholly or partly as a result of a breach by the customer. If Wheelhaul suspects a breach of Condition 6.2.1, it may refuse to accept the goods, demand their immediate removal, or itself arrange their removal without notice, at the customer’s expense.
6.3 STORAGE INSURANCE AND WHEELHAUL’S LIABILITY FOR LOSS.
6.3.1 Wheelhaul does not insure the goods in storage / warehousing and the customer shall self-insure or make arrangements to cover the goods against all insurable risks to their full insurable value (including all duties and taxes) with any right for the insurer to bring a subjugated claim against Wheelhaul being excluded.
6.3.2 Subject to Condition 6.3.3, Wheelhaul excludes all liability for Loss however arising.
6.3.3 If and to the extent that Loss is directly caused by negligence or wilful act or default of Wheelhaul, its employees (acting in furtherance of their duties as employees) or sub-contractors or agents (acting in furtherance of their duties as sub-contractors or agents) and subject to Conditions 6.3.4, 6.3.7 and 6.3.8, Wheelhaul will accept liability for Loss assessed on normal legal principles but not exceeding the Limit fixed by Condition 6.3.5. Any quantification of value includes duties and taxes.
6.3.4 In no case shall Wheelhaul be liable for any lost profit, income or savings, wasted expenditure, or indirect or consequential loss.
6.3.5 In no case, including where Wheelhaul has agreed to be responsible for providing and/or organising insurance cover for customer’s goods in storage, shall any liability of Wheelhaul (including, inter alia, any liability in respect of duties and taxes) exceed the Limit, fixed as follows:-
(i) The customer may specify in writing the Limit as to an amount (in GBP Sterling, US Dollars or Euros) per tonne and/or per Kg weight, or per item on a stock schedule the maximum or total replacement value of the goods, including duty and taxes. This Limit, as nominated by the customer, shall apply in respect of any cause of action arising after that date.
(ii )The validity of the Limit as set by the customer is conditional upon:
(a) the customer, unless otherwise agreed in writing, having paid in full either Wheelhaul’s invoice(s) for its costs in insuring against its potential liability up to the Limit, and/or Wheelhaul’s invoice(s) for Added Liability Cover through which it elects to carry the risk itself which may be charged on an equivalent to the estimated or likely cost of such insurance, and
(b) any evidence that suggests that the customer has inflated the valuation of the Limit. Where evidence suggests a lesser valuation, Wheelhaul will be liable for the lesser of the two amounts.
(iii) If Wheelhaul, having made reasonable efforts, is unable to obtain insurance on reasonable terms to cover its liability up to the Limit, and where it is not prepared to elect to carry the risk itself up to the Limit set by the customer, and/or if the customer has not paid any invoice within the invoice’s prescribed period issued under 6.3.5(i) and (ii) above, Wheelhaul may give written notice that the Limit for causes of action arising shall be, pro rata, £100 GBP sterling per tonne.
(iv) In all circumstances where no Limit has been agreed or set under Condition 6.3.5(i) and (ii) the Limit shall be, pro rata, £100 GBP sterling per tonne.
6.3.6 Without prejudice to the Wheelhaul’s rights under Condition 6.6 to be paid free from deduction or set-off, any limitation of liability on the part of Wheelhaul shall be applied to any claim by the customer before any set off or counterclaim is asserted against money due to Wheelhaul.
6.3.7 (i) Wheelhaul shall not be liable for any claim unless: (i) it has received written notice of it within 10 days of the event giving rise to the claim coming to the knowledge of the customer or consignee; and (ii) it has received within 21 days of the event giving rise to the claim coming to the knowledge of the customer or consignee sufficient detail in writing to enable investigation. In the case of failure to deliver, time shall run from the first working day after the expected date of delivery, and (ii) No legal proceedings (including any counterclaim) may be brought against Wheelhaul unless they are issued and served within 9 months of the event giving rise to the claim.
6.3.8 Wheelhaul shall not be liable for any loss to the extent that it is caused or contributed to by a breach of any of the customer’s obligations in Condition 6.2, or by any of the circumstances by virtue of which Wheelhaul is relieved of its obligations under Condition 6.8.
6.4 EMPLOYEES, SUB-CONTRACTORS AND OTHERS
6.4.1 Wheelhaul shall be entitled to sub-contract all or any part of its obligations and in this event these Terms and Conditions shall apply to such services. Where storage is subcontracted Wheelhaul will on request notify the customer of the location of the Goods.
6.4.2 No Interested Party will make a claim or issue proceedings in respect of loss against any Additional Party.
6.4.3 Without prejudice to Condition 6.4.2, if any Third Party pays or is liable to make a payment to an Interested Party in connection with a claim for Loss, the Interested Party will fully indemnify Wheelhaul against any claim including all costs and expenses) by the Third Party against Wheelhaul for reimbursement of, contribution to or indemnity against that payment to the extent that it exceeds the Limit applicable at the time of the event giving rise to the claim.
6.5 CHANGE OF CUSTOMER
6.5.1 The customer may give written authority for the goods or any part thereof to be transferred to the account of another party on condition that:
(i) Before the effective date of the transfer the other party notifies Wheelhaul in writing that it is to become the customer on the agreed effective date,
(ii) They agree to be bound by these Terms and Conditions and by any notice given under 6.3 above, and
(iii) They pay or agree to pay Wheelhaul’s charges for the period after the agreed effective date.
6.5.2 The existing customer instruction must include their acceptance of liability for Wheelhaul’s charges for the period until the effective.
6.5.3 The goods will remain subject to any lien which applies at the time of transfer irrespective of any change in owner.
6.6 CHARGES, PAYMENTS AND LIEN
6.6.1 Wheelhaul’s charges, which are subject to VAT, may be increased by prior notice to the customer. The notice shall be at least 7 days for increases reflecting any rise in fuel costs and at least 21 days otherwise. Wheelhaul has the right to charge for storage of the goods for so long as it has custody of or is responsible for them.
6.6.2 The charges shall be paid free of any deduction or set-off at such periodic intervals as may have been agreed between the parties and in any event on the earlier of (i) the expiry of any agreed period of credit, and (ii) the time immediately before any of the goods cease to be in Wheelhaul’s care or control. In such circumstances, Wheelhaul shall be entitled to payment for carriage at the time the Goods are loaded onto the vehicle.
6.6.3 Wheelhaul shall (on its own behalf and as agent for any assignee of its invoices) have a general and particular lien on the goods (and any associated documentation or records) as security for payment of all sums (whether due or not) claimed by Wheelhaul from, or invoiced to, the customer or another Interested Party on any account (relating to the Goods or not), or otherwise claimed in respect of the Goods or other property of an Interested Party. Storage shall be charged for any goods detained under lien.
6.7 TERMINATION
6.7.1 The goods shall be removed by the customer at the time agreed between the parties. Wheelhaul may at any time by notice in writing to the customer require the removal of the goods within 14 days from the date of such notice or, in the case of perishable goods, within 3 days.
6.7.2 Where the Customer fails to comply with Condition
6.7.1, or where any payment from the customer is overdue, Wheelhaul may, without prejudice to its other rights and remedies against the Customer, notify the customer in writing that the goods may be sold or otherwise disposed of at the customer’s entire risk and expense if such payment is not made and/or such goods are not removed within 21 days, or in the case of perishable goods within 3 days, from the date of such notice. On expiry of the period, if such payment has not been made and/or the goods have not been so removed Wheelhaul may sell or otherwise dispose of the goods or any part at the customer’s entire risk and expense by an appropriate method, and any proceeds of sale or disposal shall be remitted to the customer after deduction of all expenses and all amounts claimed by Wheelhaul and any assignee of its invoices.
6.8 OTHER GENERAL CONDITIONS
6.8.1 Each exclusion or limitation in these Terms and Conditions exists separately and cumulatively.
6.8.2 Signature on a delivery note is evidence that the goods have been received and/or delivered in apparently good order except as where noted.
6.8.3 Wheelhaul may open up packaging to inspect goods.
7. TERMS AND CONDITIONS RELATING TO FULFILMENT AND PACKING SERVICES (INCLUDING PICK & PACK AND DROP SHIPPING).
7.1 ORDERS
7.1.1 Wheelhaul will establish with the customer the method(s) by which orders will be received by Wheelhaul for fulfilment.
7.1.2 Fulfilment services includes the provision of storage / warehousing and the terms and conditions contained within the clauses in section 5 above apply equally to fulfilment services as to merely storage and warehousing services.
7.1.3 All orders for fulfilment received by Wheelhaul shall be deemed to be an offer by the customer to purchase fulfilment services on the basis of these Terms and Conditions and on the terms agreed with the Customer.
7.1.4 Centurion may choose not to fulfil an order for any justifiable reason including the customer’s failure to pay their account.
7.1.2 Even after an order has been accepted by Wheelhaul, the customer may cancel the order provided this is done prior to the order being dispatched. If cancelled after dispatch, the customer shall be responsible for Wheelhaul’s costs and charges in relation to that item in question.
7.2 RATES AND CHARGES
7.2.1 The rate charged by Wheelhaul for fulfilment including the charge for storage, picking and packing, will be agreed in advance and reviewed periodically with the customer.
7.2.2 The options for dispatch together with the rate for each service will be agreed with the customer for each of their product lines.
7.2.3 Where Wheelhaul is required to administer the customer’s postal account, the customer will provide all relevant access, including passwords and login details, for the administration of that account.
7.2.4 Where the postage is administered via Wheelhaul’s postal account, the customer agrees to pay their postage account within 28 days of the end of the month in which the postage was consumed. At Wheelhaul’s discretion, (dependent, for example, upon the customer’s credit history) Wheelhaul may require the customer to pay for their postage in advance. All postage rates quoted are always subject to VAT.
7.3 PERFORMANCE
7.3.1 Wheelhaul shall perform fulfilment services with reasonable skill and care. However, where applicable, Wheelhaul does not guarantee that fulfilment services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with fulfilment will be complete, accurate, secure, up to date, received or delivered correctly or at all. Wheelhaul may have to suspend the fulfilment services for repair, maintenance or improvement. If so, Wheelhaul will restore them as quickly as is reasonably possible.
7.3.2 Where Wheelhaul is required to directly download orders from the customer’s website(s), the customer shall provide access including relevant passwords and login information. Wheelhaul will not be held responsible for difficulties or failures arising out of or in connection with accessing the customer’s website or other IT facilities.
7.3.3 The customer agrees to email Wheelhaul details of any orders received by them on a day to day basis. Such details will be provided in an easily comprehensible, mutually agreed format that facilitates simple reconciliation and that is suitable for the creation of picking lists, dispatch notes and address labels. The prices agreed for fulfilment are dependent on the customer’s strict compliance with this clause in the absence of which Wheelhaul shall be entitled to increase the prices by a reasonable amount with immediate effect by written notice or suspend performance of its obligations under the Agreement with immediate effect pending resolution of the discrepancy to its reasonable satisfaction.
7.3.4 The customer will notify Wheelhaul of delivery of products and ensure that new deliveries, together with existing stocked products, are sufficient to enable Wheelhaul to fulfil any orders.
7.3.5 Unless otherwise specifically agreed, Wheelhaul will pick, pack, label and dispatch all orders received before 12.00hrs on the same day (excluding weekends and bank & public holidays).
7.3.6 Orders received after 12.00hrs will, where possible, be dispatched the same day otherwise they will be sent the following working day.
7.3.7 Working days are Monday to Friday between the hours of 08.00hrs and 17.00hrs and exclude weekends and public holidays.
7.3.8 The prices /rates agreed between Wheelhaul and the customer are dependent on the customer’s products strictly conforming to their original description and are based on Wheelhaul’s understanding of the customer’s description of its fulfilment requirements. In the event of any non-conformity with or deviation from those descriptions Wheelhaul shall be entitled to increase their prices / rates by a reasonable amount with immediate effect upon written notice to the customer or suspend performance of its obligations under the Agreement with immediate effect pending resolution of the discrepancy to its reasonable satisfaction.
7.3.9 The insurance and valuation (including the Limit) of and the liability for the customer’s goods whilst being held in storage pending dispatch and in transit to and from storage is as laid out in clause 6 above.
7.3.10 The Customer may make use of Customer Services provided by Wheelhaul in order to (i) respond to queries (whether by phone, email or other means) from the purchasers’ of their products, and (ii) handle returns from their purchasers at a rate agreed between Wheelhaul and the customer with such a rate being variable dependent upon the usage made of this service.
7.3.11 Where Wheelhaul is required by the customer to operate a returns policy, the details of the rate and policy will be agreed between the customer and Wheelhaul which will include the determination upon inspection by Wheelhaul of the returned items as to the subsequent action to be undertaken.
7.4 RIGHTS OF WHEELHAUL
7.4.1 Wheelhaul reserves the right to periodically review fulfilment prices.
7.4.2 Wheelhaul reserves the right to withdraw fulfilment services at any time.
7.4.3 Wheelhaul shall not be liable to anyone for withdrawing the services or for refusing to process an order.
7.4.4 Wheelhaul shall be entitled, having given written notice to the customer, to assign their rights to a third party or to sub-contract all or any part of its obligations and in either of these eventualities these Terms and Conditions shall continue to apply to such services.
8. TERMS AND CONDITIONS RELATING TO COLLECTION AND DELIVERY (COURIER) SERVICES.
8.1 Wheelhaul, whether or not acting as a common carrier, accepts at its sole discretion the carriage of consignments subject only to these Conditions. The Conditions within this section apply additionally to those in clause 4 (and its sub-sections) and apply to the exclusion of any other terms and conditions (including those of the customer) unless agreed or varied in writing only by a Director of Wheelhaul.
8.2 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 these Conditions, and each booking 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.
8.3 Unless agreed otherwise by Wheelhaul, 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 in respect of any variation to the delivery address by the customer.
8.4 All Goods classified as dangerous or restricted must be disclosed by the customer in advance and, unless otherwise agreed, the carrier will not accept or carry such Dangerous or Restricted Goods. Where the carrier accepts Dangerous or Restricted Goods for carriage they must be classified, packed and labelled in accordance with any applicable statutory regulation for the carriage of such Dangerous Goods and with any specific instructions of the carrier. The customer shall further provide such information, document or declaration as may be necessary to enable the carriage of such Dangerous or Restricted Goods.
8.5 Where the consignment contains cash or cash equivalent including, but not limited to, travelers cheque, bearer bonds, bank cards or credit cards, and mobile phones or equivalent, 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 (“Added Liability Cover”) for the carriage of the Consignment and will inform the customer of such sum prior to accepting the booking.
8.6 Courier-Networks does not operate chiller vehicles or storage facilities nor does it specialise in the transport of perishable items. Perishable items booked for delivery by Courier-Networks is undertaken entirely at the sender’s risk and the carrier shall not be liable for goods perishing however caused or for whatever reason.
8.7 The carrier shall deliver consignments according to such route as it in its absolute discretion thinks fit.
8.8. Consignment Notes
8.8.1 The carrier shall provide a Collection Note which both the carrier and customer shall sign as 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.
8.8.2 The carrier will require acknowledgment at the point of delivery (“Delivery Note” aka “POD” (proof of delivery)) of the delivery of the consignment and any such receipt given shall be conclusive evidence of proper delivery.
9. ADMINISTRATION
9.1 Wheelhaul will undertake the customer’s instructions by using the most appropriate service(s) that deliver within the required timescales and price. Wheelhaul may sub-contract part or all to specialists subject to the forgoing “conditions” herein.
9.2 Additional Payments:
9.2.1 The price quoted will include Wheelhaul fees and charges. However, it may be necessary to seek additional payment(s) from the customer (subject to various provisions herein) during the course of the carriage of the consignment to cover extra payments to third parties resultant of situations outlined elsewhere within these terms and conditions.
9.2.1 Such additional charges will be added to a customer’s monthly account with Wheelhaul. If, however, the customer does not hold an account with Wheelhaul and has paid at the time of booking by credit/debit card, PayPal account or similar, the customer agrees that the additional amount will be charged by Wheelhaul to the same credit/debit card, PayPal account or similar within 24 hours (or such other period as Wheelhaul may reasonably determine) of the additional charges being incurred.
9.3 Payment made to Deal Locators Ltd by the customer for work undertaken by Wheelhaul may be made in British Pounds (GBP), Euros (EUR) or USA Dollars (USD).
9.4 Customers will be advised by Wheelhaul if a third party involved with the consignment and/or goods does not have adequate insurance to cover any loss or damage that would be due to the negligence by the third party.
9.5 Wheelhaul will, if requested by the customer, seek/provide suitable total loss insurance (Added Liability Cover) to cover the Goods.
9.6 If the customer is unhappy with the service provided by Wheelhaul they are at liberty to make a formal complaint to Wheelhaul at any time. This procedure will not affect any of the customer’s legal rights.
9.7 The customer is advised by Wheelhaul to keep all documents that are sent to them by Wheelhaul as copies cannot always be guaranteed to be sent to them at a future time. Should at any time the customer require such copies, this may be provided following a written request & payment of £25.00.
9.8 Wheelhaul complies with the relevant provisions of the Data Protection Act and aims to ensure and protect, wherever possible, the customer’s privacy. Any information about the customer will be treated as confidential and, save for relevant information to third parties involved with the consignment and/or goods, will not be passed on to other parties without authorization from the customer.
9.9 Any notice, letters, payments, statements, or forms sent to or served upon the customer by Wheelhaul shall be duly given if left at or sent by first class prepaid post to the last known address of the other party or by facsimile to the last notified number evidenced by a successful transmission record, or by email to the last address notified for the purpose of that service; and shall if posted be deemed to have been given 2 working days after posting, and if by facsimile or email, one working day after sending.
9.10 Information on Wheelhaul’s website and other Deal Locator website(s) (excepting these Terms and Conditions and Deal Locators Website User Agreement) and any other Wheelhaul promotional material cannot be considered as contractual and their contents do not form any part of an agreement between Wheelhaul and its customers.
9.11 PRIVACY STATEMENT
9.11.1 Wheelhaul is committed to protecting your privacy and maintaining the security of any personal information received from you. We strictly adhere to the requirements of the data protection legislation in the UK.
9.11.2 When a customer makes an order, Wheelhaul needs to know their name, company name, address, telephone number and email address. This allows Wheelhaul to process and fulfil orders. The customer has the option to withhold personal information that is not required for the order process.
9.11.3 Wheelhaul may use your personal information for payment and billing purposes, to update you about new products and services, to improve our services and to conduct research.
9.11.4 Wheelhaul follows strict security procedures in the storage and disclosure of information which a customer provides in order to prevent unauthorized access in accordance with the UK data protection legislation.
9.11.5 Wheelhaul does not collect sensitive information about its customers except when they specifically and knowingly provide it. In order to maintain the accuracy of Wheelhaul database, the customer can check, update or remove their personal details by making a written subject access request to Wheelhaul.
9.11.6 Wheelhaul may use “cookies” as part of a normal business procedure to track patterns of behaviour of visitors to their website.
9.11.7 In order to process credit/debit card transactions, the bank or card processing agency may require to verify the customer’s personal details for authorisation outside the EEA (European Economic Area). Such information will not be transferred outside the EEA for any other purpose.
9.12 The Customer may not at any time (either during or after contracting with Wheelhaul and for a period of at least six (6) months following its expiry or earlier termination) solicit or induce any employee of Wheelhaul to cease working for Wheelhaul (regardless of whether or not any such person would thereby commit a breach of Contract) or contract Wheelhaul staff with a view to: (i) offering such Persons, employment; or (ii) soliciting services from them on their own account; or (iii) encouraging them to provide their services to a third party rather than Wheelhaul, or (iv) offering to them the opportunity to perform services colourably similar to Wheelhaul service. Should the customer breach this term, one year’s salary of the employee(s) in question will become payable to Wheelhaul by the customer as a recruitment fee.
9.13 CONFIDENTIAL INFORMATION
9.13.1 Each party shall keep in strictest confidence all Confidential Information of the other party, and shall not disclose or make use of any such information (save for the sole purpose of performing its obligations under any agreement between the parties) and shall only permit access to Confidential Information of the other party to those of its employees, officers, directors having a need to know, and who are bound by obligations of confidentiality at least as restrictive as those set out in this Agreement.
9.13.2 The obligations of confidence contained in this clause shall continue notwithstanding termination of this Agreement but shall not apply to information that: (i) Is or becomes part of the public domain through no act or omission of the receiving Party; (ii) Was in the receiving party’s lawful possession prior to the disclosure and had not been obtained by the receiving party either directly or indirectly from the disclosing party; or (iii) Is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or (iv) Is required to be disclosed pursuant to law or the order of a court or governmental authority.
9.13.3 The provisions of this clause shall survive the termination of this Agreement for a period of five (5) years from its termination or expiration.
9.14.1 Wheelhaul frequently acts as an agent when arranging postal, courier and other logistic services for the customer.
9.14.2 Wheelhaul operates a vetting procedure for all services arranged for the customer. However, Wheelhaul cannot guarantee the quality of the services arranged as an agent. In some cases, the Customer may need to agree to the terms and conditions of the external supplier in order for the Services to be arranged.
9.14.3 The customer acknowledges that in order for Wheelhaul to arrange services for the customer, it may be necessary for Wheelhaul to provide a third party with the Buyer’s details.
9.14.4 Telephone messages for the customer taken by Wheelhaul are treated as confidential. However, if the customer is made the subject of a court order to release information about the customer, telephone messages may also be provided without notification to the customer.
9.14.5 Wheelhaul office hours are 9:00am to 17:30pm, Monday to Friday, except bank and other public holidays.
9.14.6 The Customer warrants to Wheelhaul that both parties may lawfully distribute the Product, that no copyright or other intellectual property rights are infringed by the Product and that the Product and any literature distributed with the Product does not defame any person. If the Customer is in breach of the warranty the Customer agrees to indemnify Wheelhaul against all actions, claims, demands, proceedings, legal costs (on an indemnity basis) and other costs incurred by Wheelhaul as a result of such a breach.
9.15 WAIVER
9.15.1 No waiver by Wheelhaul (whether express or implied) in enforcing any of its rights shall prejudice its rights to do so in the future.
9.15.2 No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition herein shall either be deemed to be a waiver of, or in any way prejudice any right of that party under these terms and conditions.
9.15.3 Third Party Rights; for the avoidance of doubt nothing in these terms and conditions confers on any third party any benefit or the right to enforce any terms of this Contract.
9.16 ACCOUNTING
9.16.1 All accounts provided by Wheelhaul shall be deemed accepted and no longer capable of dispute unless challenged by written notice within ONE (1) month of their receipt by the customer. In the event that the customer requests Wheelhaul to audit or perform a reconciliation of the customer’s accounts and such audit or reconciliation reveals an error for the period in question of not more than 5% then the customer shall be liable to pay Wheelhaul an administrative charge equal to 5% of the average monthly Fees charged Wheelhaul over the immediately preceding 12 months (or such shorter period for which an Agreement has been in existence).
9.16.2 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.
9.16.3 All stated charges and quotations by Wheelhaul 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.
9.17 LIMITATION OF LIABILITY
9.17.1 Except as may be implied by law where the customer is dealing as a consumer, in the event of any breach of these Terms and Conditions by Wheelhaul the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the value of the Product involved and Wheelhaul shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever to reputation or profit or other consequential loss alleged to have arisen by reason of such a breach.
9.17.2 To the extent permitted by law, Wheelhaul shall not be liable to the customer, save as expressly provided for herein, and shall have no other obligations, duties or liabilities whatsoever, tort or otherwise, to the customer.
9.17.3 Wheelhaul will not be responsible for any damages the customer’s business may suffer.
9.17.4 Wheelhaul makes no warranties of any kind, expressed or implied for the Services provided.
9.17.5 Wheelhaul disclaims any warranty or merchantability or fitness for a particular purpose.
9.17.6 Wheelhaul is not responsible for any loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions however caused. Wheelhaul cannot guarantee that the services will be uninterrupted or error-free, or meet the customer’s requirements.
9.18 Notwithstanding any other clause within 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 subcontractors; or any fraudulent misrepresentation.
9.19 Information provided on websites of and associated with Wheelhaul have not been written to meet specific customer requirements and it is the sole responsibility of the customer to satisfy itself that the service ordered via any booking is suitable for its requirements.
9.18 SEVERANCE
9.18.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
9.19 The terms, conditions and administration of this agreement together with all contracts between Wheelhaul and the customer and any claims relating to them shall be governed by the law of England and Wales and disputes dealt with exclusively by the English and Welsh Courts.