Definitions
The following definitions apply to the terms and conditions of trade herein contained.
“Company” means Dart Business Logistics Ltd, including its Directors, employees, subcontractors, suppliers, partners and agents.
“Customer” means the sender of goods and cargo, receiver of goods and cargo, owner of goods and cargo and any other party or third party having a legal interest in the carriage of said goods and cargo. This also means the individual, company or organisation that has contracted Dart Business Logistics Ltd to carry goods and cargo.
“Carriage” or “Transit” means the operational process from start to finish of transferring goods from collection point to delivery point and any permitted points within.
“Goods” means any items sent by you and accepted for carriage by us. This shall include any items other than those detailed in our Exclusions in 2.5.
1. The Terms
1.1 All and any business undertaken between Dart Business Logistics Ltd (hereinafter referred to as “the Company”) and its customers will be subject to acceptance of the following terms and conditions of trade in their entirety and without exception:
1.2 No agent, employee or subcontractor of/for the Company may alter or amend in any way these terms and conditions unless previously authorised to do so by the Company in writing.
1.3 Any amendments or alterations to these terms can only apply when received in writing from and authorised by a Director of the Company.
1.4 All agreements between the Company and its customers shall be governed by English law and exist within the jurisdiction of the English Courts.
2. Goods & Carriage
2.1 Customers entering into transactions with the Company for the carriage of goods, do so as the owner of the goods, or as agents acting legally and with the authorisation of the owner of the goods.
2.2 It is the responsibility of the Customer to ensure that goods requiring transport by the Company are suitably prepared and adequately packaged for transit. The Company reserves the right to refuse to carry goods not deemed to be packaged appropriately. The Company also reserves the right to apply cancellation charges as deemed appropriate by the Company should we arrive on site to find goods unsuitably packaged for transport.
2.3 The Company reserves absolute discretion as to the means and route of transit, and the handling and storing of goods.
2.4 Any instructions or business accepted by the Company may, at the discretion of the Company, be fulfilled by the Company itself, its agents or other companies entrusted to carry goods.
2.5 The Company will not accept any noxious, dangerous or explosive goods or any items likely to cause damage to the vehicle(s). The Company will not carry passengers or livestock. Unless previously agreed in writing, the Company will not carry bullion, currency, postage stamps, gift vouchers, precious stones, precious metals, valuable antiques or jewellery.
2.6. Should the Company be caused to handle such goods (whether knowingly or unknowingly), and unless agreed previously in writing, the Company shall in no way be liable for the goods or any issues arising thereafter.
2.7. It is the responsibility of the Customer to ensure all information provided to the Company with regards to goods required for transit, is accurate. If on arrival, goods are proven to be heavier / bigger than previously advised to the Company, and if the Company is unable to offer transit as a direct result, the Company reserves the right to invoice the customer for 100% of the amount quoted by the Company.
3. Liability
3.1 The Company shall only be liable for any losses or damages if it can be wholly proven that the said losses or damages resulted directly from acts of negligence by the Company.
3.2 The Company will bear no liability whatsoever for any damages or losses, unless so advised in writing, within 7 days of the scheduled delivery and with a written claim for damages submitted within 14 days of the scheduled delivery.
3.3 Goods in transit are insured by the Company to the maximum value of £20,000. If goods in transit hold greater value to the Customer, or the Customer may suffer consequential losses resulting from damage, loss or non-delivery, the Customer is advised to insure against such risks, as the Company will not be liable beyond the stated amount.
4. Quotations
4.1 All costs are subject to VAT.
4.2. Each quotation is offered by the Company on the basis of the total mileage required and/or the weight and/or dimensions of the goods in question. Mileage is calculated from the point of collection to the point of delivery only and costs must be agreed before the Company will undertake any work.
4.3 Quotations are offered inclusive of any congestion charges or toll charges that may be incurred by the Company.
5. Cancellation
5.1 The Company reserves the right to apply the following charges resulting from cancellations by the Customer:
24 hours notice or more - no charge
Between 12 and 24 hours notice - 50% of the total fee
Less than 12 hours notice - 100% of the total fee.
6. Payment
6.1 The Company will not accept cash payments or payments by cheque or credit card Payments can be made by BACS only.
6.2 Credit terms, where appropriate, will be negotiated on an individual basis. The Company reserves the right to refuse credit without prejudice.
6.3 The Company understands its rights as laid out in The Late Payment of Commercial Debts Act (Interest) 1988 and reserves the right to impose Late Payment Charges and apply interest where necessary.
6.4 Failure to settle accounts will result in debts being passed to a Debt Recovery agent who may pursue these debts through the courts.