Business Terms & Conditions

Narvia Direct

TRADING AS

Narvia Direct Limited

EORI: GB241813918000

TERMS OF BUSINESS FOR THE SUPPLY
OF

TEMPORARY STAFF SERVICES
(for DRIVERS & HAULIERS)

Effective from 15 AUG 2018

The Circle

33 Rockingham Lane

Sheffield

S14FW

Tel: 01709 789 499

[www.narviadirect.com]

1. DEFINITIONS

1.1 In these terms of business the following definitions apply;

“Assignment” – means the period during which the Temporary Worker is supplied by the Employment Business to provide services to the Client;

“Assignment Details Form” – means written confirmation of the assignment details agreed with the Client prior to the Commencement of the Assignment;

“Client” – means the person, firm or corporate body together with any subsidiary or associated person, firm or corporate body (as the case may be) to whom the Temporary Worker is introduced;

“Conduct Regulations” – means the Conduct of Employment Agencies and Employment Business Regulations 2003 (as amended);

“Employment Business” – means Narvia Direct, trading as “DRIVERS” whose registered address is, The Circle, 33 Rockingham Lane, Sheffield S14FW and/or any subsidiaries or associates;

“Engagement” – means the engagement, employment or use of the Temporary Worker directly by the Client or any third party to whom the Temporary Worker has been introduced by the Client on a permanent or temporary basis, whether under a contract of service or for services; an agency, license, franchise or partnership arrangement; or any other engagement or through any other employment business or through a corporate body of which the Temporary Worker is an officer or employee or other representative and “Engage”, “Engages” or “Engaged” shall be construed accordingly;

“EU Drivers Hours Rules” – means Community Drivers’ Hours Regulation (EC) 561/2006

“Introduction” – means (i) the passing to the Client of a curriculum vitae or information which identifies the Temporary Worker; or (ii) the Client’s interview of a Temporary Worker (in person or by telephone or by any other means) following the Client’s introduction to the Employment Business to supply a Temporary Worker; or (iii) the supply of a Temporary Worker in any way which leads to an Engagement of the Temporary Worker; and “Introduces” and “Introduced” shall be construed accordingly;

“Mobile Worker” – is any worker forming part of the travelling staff who is in the service of an undertaking which operates road transport services for passengers or the movement of goods.

“Periods of Availability” – means periods of waiting time as defined under the Road Transport (Working Time) Regulations 2005, namely periods of waiting time whose duration is known about in advance by the Temporary Worker. Such periods of time consist of time spent when the Temporary Worker is not required to remain at his/her workstation, but must be available to answer calls to start or resume driving or other work on request; and the period and the foreseeable duration is known in advance, either before departure or just before the start of the period of availability in question.

“Period of Extended Hire” – means any additional period that the Client wishes the Temporary Worker to be supplied for beyond the duration of the original Assignment or series of Assignments as an alternative to paying a Transfer Fee;

“Relevant Period” – means (a) the period of 8 weeks commencing on the day after the last day on which the Temporary Worker for the Client having been supplied by the Employment Business; or (b) the period of 14 weeks commencing on the first day on which the Temporary Worker worked for the Client having been supplied by the Employment Business; or (c) 14 weeks from the first day of the most recent Assignment where there has been a break of more than 6 weeks (42 days) since the previous Assignment;

“Remuneration” – includes base salary of fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company car and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Temporary Worker for services rendered to or on behalf of the Client or any third party;

“Temporary Worker” – means the individual who is introduced by the Employment Business to provide a service to the Client;

“Transfer Fee” – means the fee payable in accordance with clause 8 and Regulation 10 of the Conduct Regulation;

“Working Time” – means working time as defined under the Road Transport (Working Time) Regulations 2005, namely, time consisting of those periods during which the Temporary Worker is at their workstation at the disposal of the Client and exercising his/her functions or activities, and that such periods of time are devoted to road transport activities, such as driving, loading and unloading, assisting passengers boarding the vehicle, cleaning and maintenance of the vehicle, and all other work intended to enhance the safety of the vehicle, cargo and passengers or to fulfil the legal or regulatory obligations directly linked to the specific transport operations.

1.2 Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa.

1.3 The headings contained in these Terms are for convenience only and do not affect their interpretation.

2. THE CONTRACT

2.1 These Terms together with the attached Schedule and any applicable Assignment Details Form (“the Terms”) constitute the contract between the Employment Business and the Client for the supply of the Temporary Worker’s services by the Employment Business to the Client and are deemed to be accepted by the Client by virtue of its request for, interview with or Engagement of the Temporary Worker or the passing of any information about the Temporary Worker to any third party following an Introduction.

2.2 These Terms contain the entire agreement between the parties and unless agreed in writing by a director of the Employment Business, these Terms prevail over any Terms of Business purchase conditions put forward by the Client.

2.3 Subject to clause 6.2 no variation or alteration to these Terms shall be valid unless the details of such variation are agreed between a director of the Employment Business and the Client are set out in writing and a copy of the varied Terms is given to the Client stating the date on or after which such varied Terms shall apply.

2.4 The Employment Business shall act as an employment business (as defined in Section 13(3) of the Employment Agencies Act 1973) when introducing Temporary Workers for Assignments with the Client.

3. CLIENT OBLIGATIONS

3.1 To enable the Employment Business to comply with its obligations under the Conduct Regulations the Client undertakes to provide to the Employment Business details of the position which the Client seeks to fill, including the following:

3.1.1 the type of work that the Temporary Worker would be required to do;

3.1.2 the location and hours of work;

3.1.3 the experience, training, qualifications and any authorisation which the Client considers necessary or which are required by law or y professional body for the Temporary Worker to possess in order to work in the position;

3.1.4 any risks to health or safety known to the Client and what steps the Client has taken to prevent or control such risks;

3.1.5 the date the Client requires the Temporary Worker to commence the Assignment;

3.1.6 the duration or likely duration of the Assignment;

3.1.7 the minimum rate of pay, expenses and any other benefits that would be offered.

3.2 The Client will assist the Employment Business in complying with the Employment Business’ duties under the Working Time Regulations 1998 (as amended) by supplying any relevant information about the Assignment requested by the Employment Business and the Client will not do anything to cause the Employment Business to be in breach of its obligations under these Regulations. If the Client requires the services of a Temporary Worker for more than 48 hours in any week during the course of an Assignment, the Client must notify the Employment Business of this requirement before the commencement of the Assignment or at the very latest, where this is not reasonably practicable, before the commencement of the week in which the Client requires the Temporary Worker to work in excess of 48 hours.

3.3 The Client agrees to pay the Employment Business’ charges in respect of the number of hours worked by the Temporary Worker. For the avoidance of doubt, for Mobile Workers involved in operations subject to EU Drivers Hours Rules, the number of hours worked by the Temporary Worker during the week comprises of the total number of hours Working Time and the total number of hours spent as Periods of Availability as defined under the Road Transport (Working Time) Regulations 2005. Clients will not be charged for rest breaks during a shift taken by a Temporary Worker in line with EU Drivers Hours Rules or under the Road Transport (Working Time) Regulations 2005.

3.4 The Employment Business assumes responsibility for keeping and maintaining records of the Temporary Worker’s Working Time and night work under the Road Transport (Working Time) Regulations 2005.

4. INFORMATION TO BE PROVIDED

4.1 When introducing a Temporary Worker to the Client the Employment Business shall inform the Client of:-

4.1.1 the identity of the Temporary Worker;

4.1.2 the Temporary Worker has the necessary or required experience, training, qualifications and any authorisation required by law or a professional body to work in the Assignment;

4.1.3 whether the Temporary Worker will be employed by the Employment Business under a contract of service or apprenticeship or a contract for services;

4.1.4 that the Temporary Worker is willing to work in the Assignment;

4.1.5 the hourly charges of the Employment Business

4.2 Where such information is not given in paper or by electronic means it shall be confirmed by such means by the end of the third business day (excluding Saturday, Sunday and any public or Bank Holiday) following, save where the Temporary Worker is being Introduced for an Assignment in the same position as one in which the Temporary Worker had previously been supplied within the previous five business days and such information has already been given to the Client unless the Client requests that the information is re-submitted.

4.3 The Employment Business assumes responsibility for keeping and maintaining records of the Temporary Worker’s Working Time and Night Work under the Working Time (Road Transport) Regulations 2005.

5. TIMESHEETS

5.1 At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of one week or less or is completed before the end of a week) the Client shall sign the Employment Business’ time sheet verifying the number of hours worked and rest periods taken by the Temporary Worker during that week.

5.2 Signature of the time sheet by the Client is confirmation of the number of hours worked. If the Client is unable to sign a time sheet produced for authorisation by the Temporary Worker because the Client disputes the hours claimed, the Client shall inform the Employment Business as soon as is reasonably practicable and shall co-operate fully and in a timely fashion with the Employment Business to enable the Employment Business to establish what hours, if any, were worked by the Temporary Worker. Failure to sign the time sheet does not absolve the Client’s obligations to pay the charges in respect of the hours worked.

5.3 The Client shall not be entitled to decline to sign a time sheet on the basis that it is dissatisfied with the work performed by the Temporary Worker. In the event that the Client is dissatisfied with the Temporary Worker the provisions of clause 10.1 below.

6. CHARGES

6.1 The Client agrees to pay such hourly charges of the Employment Business as notified to and agreed with the Client. The hourly charges are

calculated according to the number of hours worked by the Temporary Worker (to the nearest quarter hour) and comprise the following:-

6.1.1 the Temporary Worker’s hourly rate of pay;

6.1.2 an amount equal to any statutory leave to which the Temporary Worker is entitled and which is accrued during the course of an Assignment;

6.1.3 employer’s National Insurance contributions;

6.1.4 any travel, hotel or other expenses as may have been agreed with the Client or, if there is no such agreement, such expenses as are reasonable; and

6.1.5 the Employment Business’ commission, which is calculated as a percentage of the Temporary Worker’s hourly rate.

6.2 The Employment Business reserves the right to vary the hourly charges agreed with the Client, by giving written notice to the Client, in order to comply with any additional liability imposed by statute or other legal requirement or entitlement.

6.3 The charges are invoiced to the Client on a weekly basis and are payable within 30 days. VAT is payable at the applicable rate on the entirety of these charges.

6.4 The Employment Business reserves the right to charge interest on invoiced amounts unpaid by the due date at the rate of 4% per annum above the base rate from time to time of Lloyds TSB Bank plc from the due date until the date of payment.

7. PAYMENT OF THE TEMPORARY WORKER

7.1 The Employment Business assumes responsibility for paying the Temporary Worker and, where appropriate, for the deduction and payment of all statutory contributions in respect of National Insurance Contributions and PAYE Income Tax applicable to the Temporary Worker pursuant to sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003.

8. TRANSFER FEES

8.1 The Client shall be liable to pay a Transfer fee if the Client Engages a Temporary Worker introduced by the Employment Business, either directly or through another employment business, or introduces the Temporary Worker to a third party and such introduction results in an Engagement of the Temporary Worker by the third party and

8.1.1 where the Temporary Worker has been supplied by the Employment Business, such Engagement takes place during the Assignment or within the Relevant Period; or

8.1.2 where the Temporary Worker has not been supplied, such Engagement takes place within 3 months from the date of the introduction to the Client.

The Transfer Fee will be calculated in accordance with the Schedule.

8.2 If the Client wishes to Engage the Temporary Worker either directly or through another employment business, without liability to pay a Transfer Fee the Client may, on giving one week’s written notice to the Employment Business, engage the Temporary Worker for the Period of Extended Hire specified in the Schedule.

8.3 During such Period of Extended Hire the Employment Business shall supply the Temporary Worker on the same terms on which s/he has or would have been supplied during the Assignment and in any case on terms no less favourable than those terms which applied immediately before the Employment Business received the notice in clause 8.2; and the Client shall continue to pay the charges set out in clause 6. If the Employment Business is unable to supply the Temporary Worker for any reason outside its control for the whole or any part of the Period of Extended Hire; or the Client does not wish to hire the Temporary Worker on the same terms as the Transfer Fee, reduced pro-rata to reflect any charges paid by the Client during being Engaged by the Client. If the Client fails to give notice of their intention to Engage the Temporary Worker before the Engagement commences, the parties agree that the Transfer Fee shall be due in full.

8.4 Where prior to the commencement of the Engagement the Employment Business and the Client agree that the Engagement will be on the basis of a fixed terms of less than 12 months, the Employment Business may, in its absolute discretion, reduce the Transfer Fee as calculated in accordance with the Schedule pro-rata. Such reduction is subject to the Client Engaging the Temporary Worker for the agreed fixed term. Should the Client extend the Temporary Worker’s Engagement or re-Engage the Temporary Worker within 12 months from the commencement of the initial Engagement, the Employment Business reserves the right to recover the balance of the Transfer Fee.

9. SUITABILITY CHECKS

9.1 Where the Temporary Worker is required by law, or any professional body to have any qualifications or authorisations to work on the Assignment or the Assignment involves working with, caring for or attending one or more Vulnerable Persons the Employment Business will take all reasonably practicable steps to obtain and offer to provide copies to the Client of:-

9.1.1 any relevant qualifications or authorisations of the Temporary Worker; and

9.1.2 two references from persons who are not relatives of the Temporary Worker and who have agreed that the references they provide may be disclosed to the Client;

and such other reasonably practicable steps as are required to confirm that the Temporary Worker is suitable for the Assignment. If the Employment Business has taken all reasonably practicable steps to obtain the information above and has been unable to do so fully it shall inform the Client of the steps it has taken to obtain this information in any event.

9.2 The Client shall advise the Employment Business at the time of instructing the Employment Business to supply a Temporary Worker, or if it is not reasonably practicable, at the very latest, prior to the commencement of the Assignment, whether during the course of the Assignment, the Temporary Worker will be required to work with, care for or attend one or more Vulnerable Persons or engage in activity or otherwise be working in a position covered by the Safeguarding Vulnerable Groups Act 2006 or equivalent legislation in Scotland or Northern Ireland.

9.3 The Client shall assist the Employment Business by providing any information required to allow the Employment Business to comply with its statutory obligations under the Safeguarding Vulnerable Groups Act 2006 or equivalent legislation in Scotland or Northern Ireland and to allow the Employment Business to select a suitable Temporary Worker for the Assignment.

9.4 In particular in the event that the Client removes a Temporary Worker from an Assignment in circumstances which would require the Employment Business to provide information to the Independent Safeguarding Authority [or equivalent authority] under the Safeguarding Vulnerable Groups Act 2006 [or equivalent legislation in Scotland or Northern Ireland], the Client will provide sufficient information to the Employment Business to allow it to discharge its statutory obligations.

10. UNSUITABILITY OF THE TEMPORARY WORKER

10.1 The Client undertakes to supervise the Temporary Worker sufficiently to ensure the Client’s satisfaction with the Temporary Worker’s standards of work. If the Client reasonably considers that the services of the Temporary Worker are unsatisfactory, the Client may terminate the Assignment either by instructing the Temporary Worker to leave the Assignment immediately, or by directing the Employment Business to remove the Temporary Worker. The Employment Business may, in its absolute discretion, in such circumstances, reduce or cancel the charges for the time worked by that Temporary Worker, provided that the Client has notified the Employment Business immediately that they have asked the Temporary Worker to leave the Assignment or the Assignment terminates.

10.1.1 within 4 hours of the Temporary Worker commencing the Assignment where the Assignment is for more than 7 hours or less;

10.1.2 within 2 hours for Assignments of 7 hours or less;

and providing that notification of the unsuitability of the Temporary Worker is confirmed in writing to the Employment Business within 48 hours of the termination of the Assignment.

10.2 The Employment Business shall notify the Client immediately if it received or otherwise obtains information which gives the Employment Business reasonable grounds to believe that a Temporary Worker supplied to the Client is unsuitable for the Assignment and shall be entitled to terminate the Assignment forth with without prior notice and without liability. Not with standing the Client shall remain liable for all such hourly charges incurred prior to the termination of the Assignment.

10.3 The Client shall notify the Employment Business immediately and without delay and in any event within one hour if the Temporary Worker fails to attend work or has notified the Client that they are unable to attend work for any reason.

11. TERMINATION OF THE ASSIGNMENT

Any of the Client, the Employment Business or the Temporary Worker may terminate an Assignment at any time without prior notice and

without liability (except in the case of termination by the Client, who shall be liable for any charges due under clause 6 above).

12. CONFIDENTIALITY AND DATA PROTECTION

All information relating to a Temporary Worker is confidential and subject to the Data Protection Act 1998 (“DPA”) and is provided solely for the purpose of providing work-finding services to the Client. Suck information must not be used for any other purpose nor divulged to any third party and the Client undertakes to abide by the provisions of the DPA in receiving and processing the data at all times. In addition information relating to the Employment Business’ business which is capable of being confidential must be kept confidential and not divulged to any third party, except information which is in the public domain.

13. INTELLECTUAL PROPERTY RIGHTS

All copyright, trademarks, patents and other intellectual property rights deriving from the Assignment shall belong to the Client. Accordingly the Employment Business shall use its reasonable endeavours to ensure that the Temporary Worker shall execute all such documents and do all such acts in order to give effect to the Client’s rights pursuant to this clause.

14. LIABILITY

14.1 Whilst reasonable efforts are made by the Employment Business to give satisfaction to the Client by ensuring reasonable standards of skill, integrity and reliability from the Temporary Worker and to provide them in accordance with the Assignment Details as provided by the Client, the Employment Business accepts no liability for any loss, expense, damage or delay arising from any failure to provide any Temporary Worker for all or part of the period of booking or from the negligence, dishonesty, misconduct or lack of skill of the Temporary Worker. For the avoidance of doubt, the Employment Business does not exclude liability for death or personal injury arising from its own negligence.

14.2 Temporary Workers supplied by the Employment Business are engaged under contracts for services. They are not the employees of the Employment Business but are deemed to be under the supervision, direction and control of the Client from time to time they report to take up duties and for the duration of the assignment. The Client agrees to be responsible for all acts, errors or omissions of the Temporary Worker, whether wilful, negligent or otherwise as though the Temporary Worker was on the payroll of the Client. The Client will also comply in all respects with all statutes, including, for the avoidance of doubt, the Working Time Regulations, Health and Safety At Work Act etc, by-laws, codes of practice and legal requirements to which the Client is ordinarily subject to in respect of the Client’s own staff (excluding matters specifically mentioned in clause 6 above), including in particular the provision of adequate Employer’s public Liability Insurance cover for the Temporary Worker during all Assignments.

14.3 The Client shall advise the Employment Business of any special health and safety matters about which the Employment Business is required to inform the Temporary Worker and about any requirements imposed by law or by any professional body, which must be satisfied if the Temporary Worker is to fill the Assignment. For Temporary Workers who are mobile workers working in operations subject to EU Drivers Hours Rules, The Client will assist the Employment Business in complying with the Employment Business’ duties under EU Drivers Hours Rules and the Road Transport (Working Time) Regulations 2005 by supplying any relevant information about the Assignment requested by the Employment Business including copies of tachograph charts for Temporary Workers. Furthermore the Client will not do anything to cause the Employment Business to be in breach of its obligations under the Road Transport (Working Time) Regulations 2005.

14.4 For Temporary Workers who are mobile workers working in operations not subject to EU Drivers Hours Rules and Temporary Workers who are not mobile workers, the Client will assist the Employment Business in complying with the Employment Business’ duties under the Working Time Regulations 1998 (as amended) by supplying any relevant information about the Assignment requested by the Employment Business and the Client will not do anything to cause the Employment Business to be in breach of its obligations under these Regulations. Where the Client requires or may require the services of a Temporary Worker for more than 48 hours in any week, the Client must notify the Employment Business of this requirement before the commencement of that week.

14.5 The Client undertakes that transport time schedules shall conform to the requirements of EU Drivers Hours Rules and the Road Transport (Working Time) Regulations 2005.

14.6 The Client undertakes that it knows of no reason why it would be detrimental to the interests of the Temporary Worker for the Temporary Worker to fill the Assignment.

14.7 The Client shall indemnify and keep indemnified the Employment Business against any costs, claims or liabilities incurred by the Employment Business arising out of any Assignment or arising out of any non-compliance with clauses 14.2 and 14.3 and/or as a result of any breach in the Terms by the Client.

15. SPECIAL SITUATIONS – DRIVERS

15.1 Temporary Drivers are supplied by the employment business on the sole understanding that the Client holds an operator’s licence under the Goods Vehicle (Licensing of Operators) Act 1995 when required.

15.2 As far as is possible, the Employment Business will check references of drivers and will examine driving licences and permits; notwithstanding this, the Client agrees to take direct responsibility for all statutory duties where applicable in respect of driving licences and permits, drivers’ hours and records, the issue and collection of tachograph cards, maintenance and safety of vehicles, Health and Safety Regulations, and Road traffic and liability insurances, including but not limited to fully comprehensive insurance for the vehicle to be driven and its contents. The Client shall on request permit the Employment Business to inspect its operator’s licence and policies of insurance for the vehicles to be driven by the temporary Worker.

15.3 To assist Clients in complying with the relevant provisions of the Goods Vehicle (Licensing of Operators) Act 1995, the Employment Business agrees to provide the Client upon request with such information as is available to the Employment Business about any driving assignments carried out by a driver in the seven days immediately preceding the commencement of an assignment with the Client, provided the driver shall have worked for a Client of the Employment Business during those seven days.

15.4 The Client shall advise the Employment Business of any special health and safety matters about which the Employment Business is required to inform the Temporary Worker and about any requirements imposed by law by any professional body, which must be satisfied if the Temporary Worker is to fill the Assignment. For Temporary Workers who are Mobile Workers working in operations subject to EU Drivers Hours Rules, the Client will assist the Employment Business in complying with the Employment Business’ duties under EU Drivers Hours Rules and the Road Transport (Working Time) Regulations 2005 by supplying relevant information about the Assignment requested by the Employment Business including copies of tachograph charts for Temporary Workers. Furthermore the Client agrees not to do anything to cause the Employment Business to be in breach of its obligations under the EU Drivers Hours Rules and the Road Transport (Working Time) Regulations 2005.

15.5 For Temporary Workers who are Mobile Workers working in operations not subject to EU Drives Hours Rules and Temporary Workers who are not Mobile Workers, the Client will assist the Employment Business in complying with the Employment Business’ duties under the Working time Regulations 1998 (as amended) by supplying any relevant information about the Assignment requested by the Employment Business and the Client will not do anything to cause the Employment Business to be in breach of its obligations under these Regulations. Where the Client requires or may require the services of a Temporary Worker for more than 48 hours in any week, the Client must notify the Employment of this requirement before the commencement of that week.

15.6 The Client undertakes that transport time schedules shall conform to the requirements of EU Drivers Hours Rules and the Road Transport (Working Time) Regulations 2005.

16. TERMINATION

16.1 The Client undertakes to supervise the Temporary Worker sufficiently to ensure the Client’s satisfaction with the Temporary Worker’s standards of workmanship. If the Client reasonably states that the services of the Temporary Worker prove unsatisfactory, the Client may terminate the Assignment either by instructing the Temporary Worker to leave the Assignment immediately or by directing the Employment Business to remove the Temporary Worker. The Employment Business may in such circumstances reduce or cancel the charges for the time worked by that Temporary Worker, provided that the Assignment terminates:-

a) Within four hours of the Temporary Worker commencing the Assignment where the Assignment is for more than seven hours;

b) Within two hours for Assignments of seven hours or less.

And also provided that notification of the unsuitability of the Temporary Worker is confirmed in writing to the Employment Business within 48 hours of the termination of the Assignment.

16.2 Any of the Client, the Employment Business or the Temporary Worker may terminate an Assignment at any time without prior notice and without liability.

17. LAW

These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.

SCHEDULE Transfer Fees

(a) The Transfer Fee referred to in clause 8 shall be agreed in writing between the Employment Business and the Client. In the event that the parties do not agree the amount of the Transfer Fee then the Employment Business shall be entitled to charge a fee calculated as follows: 10% of the Remuneration payable to the Temporary Worker during the first 12 months of the Engagement or, if the actual amount of the Remuneration is not know, the hourly charges set out in clause 6.1 above multiplied by 150.

(b) The Period of Extended Hire, referred to in clause 8, before the Client Engages a Temporary Worker, shall be agreed in writing between the Employment Business and the Client. In the event that the parties do not agree the length of the Period of Extended Hire then the period shall be 12 weeks.

Terms & Conditions applying to driver CPC courses

The terms and conditions will form a contract between the Customer (i.e a person a course) and Narvia Direct, (known as the Company).

1. All course fees must be paid prior to the commencement of any training, unless other arrangements have previously been agreed in writing with the Company.

2. The Company reserves the right to take any outstanding balances due from the Customer’s debit/credit card on or after the course start date.

3. Any course cancellation made by the Customer must be made in writing to The Company.

4. Any course cancellation made by the Customer within 15 working days of the due course start date will result in full course fees, including VAT and test fees being forfeited.

5. Any cancellation / amendment made by the Customer 15 or more working days prior to the commencement of any training booked will incur a 25% administration charge of total tuition fees, excluding VAT.

6. The Company reserves the right to terminate any training booked by the Customer if course fees are not paid in full before course start date.

7. Any variations to the joining instructions, course date, time of attendance etc. will be made in writing by the Company to the Customer. The Company will make all reasonable efforts to keep to the original agreed course confirmation, however in the event of a course cancellation imposed by the Company; the Customer will be offered the next available course.

8. All Customers are informed of the Company’s terms and conditions which are readily available from its website and head office. All Customers are deemed to have read them before requesting any services.

9. Substitution of Customer details for examination purposes may take place, subject to reasonable time being given and subject to the terms and conditions of the examination body.

10. Any Customers whom the Company consider to be under the influence of drink and / or drugs will have their course terminated immediately and all course fees forfeited.

11. The duration of all DRIVER CPC courses is typically 1 day or 7.0 hours.

12. All Customers undertaking any training with the Company are required to adhere to any notices or instructions given to them by any member of the Company’s staff.

13. Where external training sessions have been arranged for the Customer by the Company, the Company accepts no liability for the accuracy of Customer details should a dispute arise with the external trainer.

14. Every effort is made to ensure course notes, presentations and any relative tuition material is correct at time of print. The Company accepts no responsibility for any errors or omissions.

15. The Company will not be held responsible for loss of any personal items left in any training vehicle or on the Company’s premises.

16. The Company reserves the right to terminate any Customer attendance at a course, if the Company considers the Customer a danger to themselves and/or other persons who may be affected by their acts or omissions.

17. Smoking is not permitted in the Company premises.

18. Should a Customer become ill while on their course any tuition not received will be given at a later date subject to the Company being able to find a replacement candidate to take up the lost time.

19. Should a Customer wish to make a complaint about the Company, then this must be made in writing and sent via recorded delivery to the Managing Director of the Company within 7 days of the course ending. All complaints will be fairly dealt with by the Director.

20. Customers must be aware that adequate provision is made to ensure drivers attending courses are able to comply with the rest requirement laid down in Driver Hours Regulations and the Working Time Directive.

21. All Customers must comply with the Company’s safety policy and their legal obligations under the Health and Safety at Work act 1974.

Narvia Direct

TRADING AS

Narvia Direct Limited

EORI: GB241813918000

Business (Invoicing) Address:

The Circle, 33 Rockingham Lane,
Sheffield S1 4FW

Tel: 01709 789 499 [www.narviadirect.com]

Trading (Postal) Address:

Unit 23, Fusion @ Magna Business Centre,
Magna Way, Rotherham S60 1FE
United Kingdom [GB]

Freight Forwarding
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OF LIABILITY

Effective from 15 AUG 2018

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2. In the event that shipment is tendered to Forwarder on a straight bill of lading or any other shipping document, Forwarder’s rules and regulations will supersede any rules and regulations contained on the shipping document on which the freight was tendered.
3. Shipper warrants that each package in this shipment is properly and completely described on this shipping document, is properly marked and addressed, is packaged adequately to protect the enclosed goods to ensure safe transportation with ordinary care in handling, and except as noted, is in good order and condition. For articles shipped in unenclosed containers, Forwarder shall not be liable for damage/loss unless mishandling and/or loss is evident and is so noted on the delivery receipt at the time of delivery. NOTE: A shipment in which delivery is made in exchange for a clear delivery receipt shall be prima facie evidence of having received ordinary care in handling.
4. At the time of delivery, the consignee must note on the delivery receipt any exceptions to the shipping containers that would indicate a discrepancy (shortage in the ship­ment or damage to the containers). The consignee may not inspect the contents of the shipping containers until the consignee signs for the shipment on the delivery receipt. NOTE: Such notations as “subject to inspection” and “subject to recount” are not exceptions. NOTE: A shipment in which delivery is made in exchange for a clear delivery receipt shall be prima facie evidence of having received ordinary care in handling. NOTE: Under no circumstances shall Forwarder be liable for loss and/ or damage to external shipping containers of any kind.
5. Forwarder SHALL NOT BE LIABLE IN ANY EVENT FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INCOME, INTEREST, UTILITY OR LOSS OF MARKET, WHETHER OR NOT Forwarder HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.
6. Due to the inherent nature of the transportation business, Forwarder does not guarantee to pick up, transportation or delivery by a stipulated date or a stipulated time, nor shall Forwarder be liable for the consequences of failure to do so.
7. Overcharge claims must be received in writing by Forwarder within one year after the date of acceptance of the shipment by Forwarder. Written notification on all other claims (except concealed loss/damage claims) must be received in writing by Forwarder within 30 days after Forwarder accepted the shipment. Notification of concealed loss/damage claims (i.e., claims for loss or damage discovered by the consignee after delivery and after a clear receipt has been given) must be received in writing by Forwarder within 12 days after delivery, or if perishables, verbally within 48 hours. For damage claims and concealed loss claims, Forwarder must be allowed the privilege to make the inspection of the shipment and the container(s) and packaging material(s) at the place of delivery. Claims must be perfected within 180 days after delivery or date delivery was intended. No claims will be entertained until all transportation charges have been paid. Claims may not be deducted from transportation charges and no claims may be deducted from any charges owed Forwarder. Legal action to enforce a claim must be brought within one year after the claim has been denied in writing by Forwarder, in whole or in part.
8. Forwarder’s liability, in the absence of a higher declared value for carriage, is limited to a maximum of £50.00 per shipment or £0.50 per pound, per piece, of cargo lost, damaged, misdelivered or otherwise adversely affected, whichever amount is greater, but in no event shall amount exceed the actual invoice value of the goods. This limitation is subject to provisions as published in Forwarder’s governing tariffs in effect at the time of this shipment. Declared values for carriage in excess of £0.50 per pound, per piece, shall be subject to an excess valuation charge.
9. Unless each piece of the shipment has a declared value stated and is specifically identified on the Forwarder’s shipping document at the time of the shipment and is so identified on the delivery receipt as being lost, damaged, destroyed, or otherwise affected at time of delivery, Forwarder shall be liable subject to tariff provisions in effect at the time of the shipment for the “average declared value” of the shipment. The “average declared value” of the shipment shall be determined by first dividing the total declared value of the shipment by the total weight of the shipment. This figure, multiplied by the packaged weight of the piece(s) adversely affected, shall then establish the amount of Forwarder’s liability. The total declared value amount must be inserted in the DECLARED VALUE box on the face of this shipping document. Forwarder’s liability shall in no event exceed the actual invoice value of the goods adversely affected.
10. In the event of the failure or inability of the consignee to take delivery of the shipment, Forwarder will notify Shipper in writing at the address shown on the shipping document and request disposition instructions. If the shipper fails to provide disposition instructions within 30 days after the date of Forwarder’s notice, Forwarder will return shipment to the shipper at the shipper’s expense. If the shipper fails to accept delivery of a shipment thus returned, Forwarder may, upon 30 days written notice to the shipper, dispose of the shipment at the public or private sale and pay itself out of the proceeds to satisfy the transportation charges owing on the shipment. Any sums collected by Forwarder in excess of such transportation charges will be paid to the shipper. No sale or disposal pursuant to this rule will discharge any liability or lien to any greater extent than the proceeds thereof. The shipper and the consignee shall remain liable, jointly and severally, for any deficiency.

11. Forwarder shall not be liable for loss, damage, delay or monetary loss of any type caused by: Acts of God; public authorities acting with actual or apparent authority; strikes; labour disputes; weather; mechanical failures; aircraft failures; civil commotions; acts or omissions of customs or quarantine officials; the nature of the freight or any defects thereof; public enemies; hazards incident to a state of war; acts of terrorism; and by acts, defaults or omissions of the shipper or consignee for failure to observe the terms and conditions of the contract of carriage contained in this shipping document, including but not limited to improper packaging, marking, incomplete/ inaccurate shipping instructions and the rules relating to freight not acceptable for transportation of freight acceptable only under certain conditions outlined below.

12. Unless otherwise expressly provided in Forwarder’s tariffs and subject to any conditions or restrictions contained therein, the following articles will not be accepted for carriage: any shipment prohibited by law; original works of art, antiques, bonds, coins of any kind, currency, currency equivalents, furs, fur clothing, gems or stones (cut or uncut), industrial diamonds, gold or silver, coined concentrates, jewellery (other than costume jewellery), pearls, precious metals, securities (negotiable), time-sensitive written material (e.g., bids, contract proposals, etc.), when the declared value exceeds £0.50 per pound; household goods and/or personal effects, one-of-a-kind arti­cles or models, prototypes, valuable rugs (i.e., Oriental rugs, Persian rugs) and prints or lithographs when the total declared value of the shipment exceeds £500.00 or when the declared value exceeds £0.50 per pound, per piece; and such other articles provided in Forwarder’s governing tariffs and/or service guide. Forwarder shall not be liable for any loss, damage, delay, liabilities or penalties resulting from the transportation of any of the foregoing articles, however, described or misdescribed in this shipping document, and no employee or agent of Forwarder has any authority to accept for transportation such articles or to waive the limitations herein contained.

13. Forwarder’s liability for aggregate losses at any one time at any one place is limited to £350.000 (CMR Western Europe), £350.000 CMR Eastern Europe. For shipments having declared values over £350.000 (event limit).

Excess: £250 other than £50 in respect of Full Value Liability (max. Load Limit £12.500), £1.000 in respect of Theft of Thief Attractive items. Forwarder must be given advance notice prior to pick up.

14. Rates and charges for this shipment will be: a. based on actual or dimensional weight, whichever is greater.
b. other ways we can offer domestic transportation services by related transportation businesses and payment will be calculated in the individual offer.

15. If this is an International shipment, a. all rules relating to liability as established by the Warsaw Convention shall apply,

b. except as otherwise provided in Forwarder’s tariffs or conditions of carriage, in carriage to which the Warsaw Convention does not apply, Forwarder’s liability shall not exceed U.K. £20.00 per kilogram or the equivalent of goods lost, damaged or delayed, unless a higher value is declared by the shipper and a supplementary charge paid,

c. Forwarder accepts this shipping document as a shipper’s letter of instructions with authorization to prepare and sign on shipper’s behalf an international shipping document, and

d. Forwarder reserves the option to act as the agent of the carrier, instead of as a forwarder, in which event the direct carrier’s tariffs shall apply to this shipment and

e. the shipper may select by inserting on the face of this shipping document cargo coverage based on insurance and/or declared value for carriage.

16. Unless inserted otherwise on the face of this shipping document, the C.O.D. amount of the shipment shall be deemed to be the declared value for carriage amount. This declared value for carriage amount in excess of £0.50 per pound, per piece, shall be subject to an excess valuation charge.

17. Collect on Delivery (C.O.D.) service is provided under the following conditions: a. shipper must identify the shipment as a C.O.D. shipment by entering the amount to be collected in the “Shipper’s C.O.D. Box” on the front of this shipping document,

b. shipper must specify the type of payment to be received (e.g. cash, check, money order or cashier’s check) in the “Special Services Box” on the front of this shipping document and

c. Forwarder and shipper agree that Forwarder does not guarantee nor verify that a check, money order, cashier’s check or other such financial instrument is valid or negotiable. All payments are collected at shipper’s risk.

18. Unless prior arrangements are made, the acceptance of cash by Forwarder and its agents for payment of freight charges and/or C.O.D. amounts is limited to a maximum of £350.000 per shipment and/or stop. Payment of freight charges and/or C.O.D. amounts in excess of £350.000 must be remitted by cashier’s check, certified check, money order, or consignee’s check as authorized by the shipper in writing.

Narvia Direct

TRADING AS

Narvia Direct Limited

Business (Invoicing) Address:

The Circle, 33 Rockingham Lane,
Sheffield S1 4FW

Tel: 01709 789 499 [www.narviadirect.com]

TERMS & CONDITIONS
for the Carriage of Goods
by Road in the United Kingdom 2018

Effective from 15 AUG 2018

The Conditions set down the basis on which the Carrier will carry Domestics Goods for the Customer (definitions of Conditions, Carrier, Goods and Customer are given in Condition 1). The Carrier is not and does not contract as a common carrier. The Conditions may not be altered or varied in any way except by express agreement in writing signed by a director or proprietor of the Carrier. The Conditions cannot and do not override any statutory provisions imposed by law or the application of any applicable international conventions. It is expressly stated to be the Customer’s responsibility to read and understand these Conditions which will form the basis of the Contract under which any claims or disputes are settled. Customers are recommended to take professional advice and must arrange adequate insurance to provide full cover when the Consignment is in transit. A set of explanatory notes is available from the Freight Transport Association.

Name of carrier: Narvia Direct LTD

Address: The Circle, 33 Rockingham Lane, Sheffield S14FW, United Kingdom

1. Definitions In these Conditions:

1.1 ADR notice means a notice in writing in relation to the referral of a dispute to mediation.

1.2 Alternative Dispute Resolution means any procedure agreed by the parties for the resolution of disputes other than those involving formal arbitration or litigation.

1.3 Approved Carriage List means the list of approved carriage items prepared pursuant to the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 and as updated from time to time.

1.4 Carrier means the person (corporate or otherwise) who contracts with the Customer to carry the Goods.

1.5 CEDR means the Centre for Effective Dispute Resolution.

1.6 Conditions means these Terms and Conditions.

1.7 Contract means the agreement between the Customer and the Carrier for the carrying out of the transport service in relation to the Goods including all documents expressly incorporated therein. 1.8 Consignee means the person (corporate or otherwise and who may or may not be the Customer) to whom the Carrier contracts to deliver the Consignment.

1.9 Consignment means the consignment of the Goods at any one time from one Consignor in a single load from one address in the United Kingdom to one Consignee at any one other address in the United Kingdom.

1.10 Consignor means the person (corporate or otherwise who may or may not be the Customer) who supplies the Consignment to the Carrier for carriage.

1.11 Customer means the person (corporate or otherwise) who contracts with the Carrier for the carriage of goods.

1.12 Dangerous Goods means Goods of any nature including those listed in the Approved Carriage List which represent a hazard, or include radioactive material and explosives of any nature.

1.13 Delay means failure by the Carrier to deliver the Goods within the agreed time limit, or if there is no agreed time limit, within the period of 60 days from the date upon which the Carrier takes possession of the Goods.

1.14 Exempt Products means bullion, precious metals, precious stones, money (whether in note or coin form), securities, stamps, legal or business documents, living creatures or anything of a similar nature.

1.15 Goods means the goods whether single or multiple units or in bulk which are transported in the Consignment.

1.16 Loss means the actual loss of the Goods or failure by the Carrier to deliver the Goods within 30 days of the agreed time limit for delivery or, if there is no agreed time limit, within 60 days from the date on which the Carrier took over the Goods.

1.17 Owner’s Risk means that the Goods are held upon terms that the Carrier shall not be liable for any loss of whatsoever nature and howsoever caused including negligence in relation to the Goods or as a consequence of the Goods being in the Carrier’s possession.

1.18 The expressions Carrier, Consignee, Consignor and Customer shall include those parties’ principals, agents and servants.

2 Principal parties and sub-contractors

2.1 The Customer contracts as the legal owner of the Goods or as the authorised agent of such legal owner in which case the Customer warrants that he has the authority to accept these Conditions on behalf of the legal owner.

2.2 Unless written instructions to the contrary are received from the Customer, the Carrier may sub-contract part or the whole of the Consignment.

2.3 Where carriage of any Consignment or part of a Consignment is sub-contracted to a sea, air or rail carrier then the liability of the Carrier and of any sub-contractor shall be limited and/or excluded in accordance with the conditions of carriage of that sub-contractor or as provided for by statute or international convention.

2.4 Notwithstanding the provisions of the Condition 2.2, the Carrier may not sub-contract the carriage of Dangerous Goods without the prior written consent of the Customer.

2.5 Where part or the whole of the carriage has been subcontracted as provided for in Condition 2.2 above, such sub-contractors shall have the benefit of these Conditions and shall be under no greater liability to the Customer than, the Carrier would be under the Contract and the Customer agrees with the Carrier that no claim shall be made against a sub-contractor in addition to or in excess of the limitations and/or exclusions of liability as set out in these Conditions.

3 Loading and unloading

3.1 The Carrier shall not be required to provide additional services other than the service for the carriage of the Consignment from the designated place of collection to the designated place of delivery unless any such service has been requested by the Customer and agreed by the Carrier in writing, prior to collection or delivery being made.

3.2 The Customer shall be responsible for all aspects of loading and unloading the Consignment onto and off of the vehicle, including providing and safely operating any equipment that may be required for loading and unloading the Consignment. If the Carrier’s personnel assist in any part of loading or unloading then, while they provide such assistance, the Carrier’s personnel shall be deemed to be under the Customer’s instruction and control and the Customer accepts full liability for the acts of such personnel during that period except for any acts of gross negligence.

3.3 The Carrier shall not be liable for any loss or damage caused as a result of:
a) its use of defective equipment supplied by the Consignee or Consignor;
b) the Carrier acting upon the instructions or directions of the Customer, the Consignor or the Consignee, or their servants or agents, with respect to the loading and/or unloading of the Consignment; or
c) negligent acts committed by the Consignor or Consignee or their servants or agents in assisting with loading and/or unloading; and
d) the Customer shall indemnify the Carrier against any claim made against the Carrier in respect of such loss or damage including claims in respect of death or personal injury.

3.4 The Carrier will endeavour to make the Consignment reasonably accessible on the vehicle at the place designated for delivery.

3.5 The Customer shall make available to the Carrier upon request details of any risk assessments which may have been carried out at the collection and/or delivery addresses. The responsibility for carrying out such risk assessments shall be that of the Customer and not of the Carrier.

4 Dangerous Goods

4.1 The Contract for the carriage of Dangerous Goods shall be voidable by the Carrier and the Carrier shall have no liability unless, prior to loading, the Carrier receives the precise and correct identification of the substances in writing and has agreed to accept the same for carriage. Instructions in writing must be provided by the Customer in the form prescribed by the appropriate statutory authority giving details of each and every substance the Carrier is requested to carry. Written information must be provided in respect of Goods classified as Dangerous Goods and where an instruction in writing is not required by statute. An instruction in writing or other written notification provided by the Customer must accompany each and every Consignment.

4.2 The Customer shall be responsible for ensuring that such substances are properly and safely packaged and labelled with the identities of the substances and all other relevant information as specified by any statutory requirements for the time being in force.

4.3 The Customer shall be responsible for and indemnify the Carrier against any loss or damage and claims made upon the Carrier in respect of any injury to persons or damage to property arising from the non-compliance by the Customer or the Consignor with any of the provisions of these Conditions in as far as they relate to the carriage of Dangerous Goods, unless the Customer proves that the loss, damage or injury was due to the negligence of the Carrier.

5 Consignment notes/receipts

5.1 The Carrier shall, if requested, sign a document acknowledging receipt for the carriage of the quantity and description of the Consignment loaded on to the Carrier’s vehicle, to the extent this can be determined, by visual inspection. Such receipt shall not be evidence as to the accuracy of the condition, weight, quantity or nature of the Goods said to comprise the Consignment at the time the receipt document is signed by the Carrier and/or his agents and/or his servants. The burden of proof in the event of the dispute is with of the Customer.

5.2 The Carrier shall use its best endeavours to obtain a signed receipt of delivery of the Consignment from the Consignee unless otherwise agreed with the Customer. Such receipts will be returned to the Customer as proof of delivery (POD) unless otherwise agreed in writing by the Customer and/or his agent and/or his servants.

  6 Carrier’s responsibility

6.1 Goods are accepted by the Carrier for carriage at the Owner’s Risk where the Carrier is able to show that the Customer has explicitly agreed to the carriage of the Goods at the Owner’s Risk (or in accordance with Condition 8.2b). In that event, the Carrier shall not be liable for loss damage or delay to the Goods no matter howsoever or by whomsoever caused and the Customer agrees to indemnify the Carrier against any claims made by any third party (including in relation to the carriage, retention or storage) in respect of the Goods carried.

6.2 Subject to the provisions of Condition 6.1 above the Carrier’s responsibility for the Consignment shall commence when the Carrier, its agents or sub-contractors takes physical control of the Consignment at the point of collection or by receiving the same at the Carrier’s premises.

6.3 Subject to Condition

6.4 the Carrier’s responsibility and liability for the Consignment shall end when the Carrier, its agents or sub-contractors relinquish physical control of the Consignment at the proper place of delivery or the Consignment is presented at the proper place of delivery within normal business hours allowing sufficient time for unloading.

6.4 If it has been agreed that the Consignee will collect the Goods from the Carrier’s premises or if the Carrier is prevented from making delivery at the Consignee’s address as a consequence of the absence of a safe and/ or adequate access or unloading facility, then the Carrier’s responsibility for the Goods shall end at the expiration of 24 hours after notice (by letter, telephone, fax or email or other agreed method of communication) has been given to the Consignee and/or the Consignor.

6.5 At any time during the term of the Contract the Customer may request or the Contractor may recommend variations to the service and/or variations to any other matters covered by the Contract. The Carrier shall investigate the likely impact of any such requested or recommended variations upon the service, the charge for the service and other aspects of the Contract and shall report promptly to the Customer. Neither party shall be obliged to agree to any requested or recommended variation but neither party shall withhold or delay its agreement unreasonably. Until such time as any variation to the Contract has been mutually agreed in writing, the parties shall continue to perform their respective obligations without taking account of the requested or recommended variation.

6 Carrier’s responsibility

6.1 Goods are accepted by the Carrier for carriage at the Owner’s Risk where the Carrier is able to show that the Customer has explicitly agreed to the carriage of the Goods at the Owner’s Risk (or in accordance with Condition 8.2b). In that event, the Carrier shall not be liable for loss damage or delay to the Goods no matter howsoever or by whomsoever caused and the Customer agrees to indemnify the Carrier against any claims made by any third party (including in relation to the carriage, retention or storage) in respect of the Goods carried.

6.2 Subject to the provisions of Condition 6.1 above the Carrier’s responsibility for the Consignment shall commence when the Carrier, its agents or sub-contractors takes physical control of the Consignment at the point of collection or by receiving the same at the Carrier’s premises.

6.3 Subject to Condition 6.4 the Carrier’s responsibility and liability for the Consignment shall end when the Carrier, its agents or sub-contractors relinquish physical control of the Consignment at the proper place of delivery or the Consignment is presented at the proper place of delivery within normal business hours allowing sufficient time for unloading.

6.4 If it has been agreed that the Consignee will collect the Goods from the Carrier’s premises or if the Carrier is prevented from making delivery at the Consignee’s address as a consequence of the absence of a safe and/ or adequate access or unloading facility, then the Carrier’s responsibility for the Goods shall end at the expiration of 24 hours after notice (by letter, telephone, fax or email or other agreed method of communication) has been given to the Consignee and/or the Consignor.

6.5 At any time during the term of the Contract the Customer may request or the Contractor may recommend variations to the service and/or variations to any other matters covered by the Contract. The Carrier shall investigate the likely impact of any such requested or recommended variations upon the service, the charge for the service and other aspects of the Contract and shall report promptly to the Customer. Neither party shall be obliged to agree to any requested or recommended variation but neither party shall withhold or delay its agreement unreasonably. Until such time as any variation to the Contract has been mutually agreed in writing, the parties shall continue to perform their respective obligations without taking account of the requested or recommended variation.

7 Carrier’s charges

7.1 The Carrier’s charges shall be payable by the Customer provided always that, when the Goods are consigned carriage forward, the Consignee shall have primary responsibility for the payment of the carriage charges but the Customer shall pay such charges in the event of default by the Consignee and the Carrier shall not be required to take any steps to obtain payment from the Consignee other than a written request for payment.

7.2 Notwithstanding any claim which the Customer may have against the Carrier, the Carrier’s charges for carriage and any other services incidental to the carriage chargeable under the Contract shall be payable by the Customer within the timeframe communicated by the Carrier prior to the Contract being entered into, and in the event that no timeframe is communicated, then the charges shall be payable within 30 days of the date of the invoice unless otherwise agreed in writing. Should the charges not be paid within such a period, then the Carrier shall be entitled to interest at the rate of 8 per cent above the base rate of the Bank of England prevailing at the date of invoice, calculated on a daily basis from the date when the sum became due to the date of actual payment, whether before or after any judgement.

7.3 Without limiting the generality of Condition 7.2, the Carrier’s charges shall be payable when due without reduction or deferment on account of any claim, counterclaim or set-off.

  8 Disposal of the Goods by the Carrier

8.1 In the event that the Carrier is unable for any reason beyond its reasonable control to deliver the Consignment in accordance with the Contract, the Carrier shall seek further instructions from the Customer. The Carrier’s reasonable additional charges for retaining the Goods pending the arrival of such further instructions and for carrying out those instructions shall be payable by the Customer.

8.2 Subject to the provisions contained in Condition 8.2a to c below, where the Carrier is unable to obtain further instructions from the Customer in accordance with Condition 8.1, the Carrier may sell the Goods provided that such sale is permitted by law. Payment or tender of the net proceeds to the Customer after deductions of all costs of and charges for carriage, other services incidental to the carriage chargeable under the Contract, storage and disposal and expenses in relation to the Goods shall (without prejudice to any claim or right which the Customer may have against the Carrier otherwise arising under the Conditions) discharge the Carrier from all liability in respect of such Goods, their carriage and storage.

a) The Goods may not be sold unless the Carrier shall have made reasonable efforts (having regard, if appropriate, to the perishable nature of the Consignment) to notify the Customer of the Carrier’s intention to sell the Goods. The Goods may then be sold unless, within reasonable time (such time to be specified in the notice) the Customer shall have arranged to collect the Goods or given instructions for their disposal and have paid, without prejudice, all outstanding charges as referred to in this Condition including any warehousing charges which may have been incurred during the time that the Goods have been retained.

b) Pending the expiry of such periods of the notice referred to in Condition 8.2a and of disposal of the Goods under these provisions the Carrier shall at the expense of the Customer have authority to arrange proper storage of the Consignment. During such period of storage, the Goods will be held at the Owner’s Risk and the Carrier shall not be liable for loss or damage of the Goods howsoever caused.

c In the event of a sale of the Goods under this Condition 8 the Carrier shall do what is reasonable to obtain the market value of the Consignment (subject to any unavoidable deterioration thereof). If the Goods have no market value, then the Carrier may dispose of them subject to compliance with all legal requirements in force in respect of such Goods.

8.3 Subject to the provision of Condition 8.1 above, and in circumstances in which the Carrier is unable to obtain further written instructions, the Carrier may, in respect of Dangerous Goods only, at his sole discretion dispose of the Dangerous Goods or return them to the Customer. Where such action is taken by the Carrier, it shall comply with all prevailing legal requirements that may be in force in respect of the Dangerous Goods. Any such action taken by the Carrier under this Condition shall be at the sole risk and expense of the Customer.

9 Liability for loss, damage or delay

9.1 Subject to these Conditions, the Carrier shall be liable for: a any loss of or damage to the Goods in a Consignment occurring whilst the Carrier has responsibility for the Consignment in accordance with Condition 6 above; b any delay in the carriage of any Goods in a Consignment arising from the negligence of the Carrier.

9.2 The Carrier’s liability is restricted to the financial limits imposed under Condition 10 of these Conditions unless otherwise agreed in writing between the contracting parties prior to the transit commencing.

9.3 The Carrier shall not be liable for whatsoever reason for loss of or damage to, mis-delivery or loss arising from any delay in respect of Exempt Products, unless: a the Carrier has agreed in writing to carry such Goods at the specific request of the Customer prior to commencement of the transit; b the Customer has agreed to reimburse the Carrier with all additional costs necessarily incurred as a direct result of the Carrier agreeing to carry such Goods; c the loss or damage or delay has been proved to have been caused by the negligence of the Carrier and/or his agents and/or his servants.

9.4 The Carrier shall be relieved of all liability if such loss, damage or delay arises from the effect of:

a) an act of God;

b any consequence of war, act of foreign power, terrorism, requisition or destruction of or damage to property by or under the order of any government or public or local authority;

c) seizure or forfeiture under legal process;

d) an error, act, omission, mis-statement or misrepresentation by the Customer or other owner of the Goods or by servants or agents of either of them;

e) an inherent liability due to wastage in bulk or weight, latent defect or inherent defect, vice or natural deterioration of the Goods;

f) any special handling requirements in respect of the Goods which have not been notified to the Carrier;

g) insufficient or improper packaging, unless the Carrier has contracted to provide this service;

h) insufficient or improper labelling or addressing, unless the Carrier has contracted to provide this service;

i) riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labour from whatever cause;

j) the acts of the Customer, Consignee or Consignor as set out in Condition 3.3;

k) a delay in providing to the Carrier safe and adequate access and/or delivering instructions in accordance with Condition 6.4;

l) fraud on the part of the Customer, Consignor, Consignee or owner or of their servants or agents in respect of all or any part of the Consignment.

9.5 For the avoidance of doubt and without affecting the generality of Condition 9.1, the Carrier shall not be liable for any loss or damage to the Goods where the Carrier’s responsibility for the Consignment has ended in accordance with Conditions 6.3 and 6.4.

  10 Limitation of liability of Carrier

10.1 Unless otherwise agreed in writing between the Customer and the Carrier prior to the commencement of carriage, the liability of the Carrier in respect of loss of or damage to Goods whilst they are the responsibility of the Carrier in accordance with Conditions 6 and 9 hereof shall be limited as follows:

a) where the whole or part of a Consignment is lost or damaged, to a maximum rate of £1,300 per tonne inclusive of all/any duties and/or taxes on the gross weight of the Consignment or that proportion by weight of lost or damaged property as stated on the Consignment note referred to in Condition 5, or otherwise ascertained, or £500 for the total Consignment whichever is greater but not exceeding the actual value of the Consignment or part of the Consignment;

b) for the purpose of this Condition the value referred to is the valuation of the Goods at the time they are accepted for carriage including all duties and taxes. Provided that no claim shall be accepted by the Carrier pending its receipt from the Customer of proof of the value of the Consignment or any part thereof.

10.2 The Carrier’s liability for any delay or consequential loss shall not exceed the amount of the claimant’s bona fade loss or the amount of the carriage charges whichever shall be the lower unless agreement has been made previously in writing between the Carrier and the Customer for a specific level of liability for such delay or consequential loss.

11 Customer’s indemnity to the Carrier

The Customer shall indemnify the Carrier against:

11.1 Losses suffered by the Carrier arising from any act, omission, misdirection, misstatement or negligence by the Customer, Consignor or Consignee, its servants or agents.

11.2 Claims of any nature for loss or damage resulting from the carriage of Dangerous Goods where the Customer’s obligations in Condition 4 above have not been met.

11.3 Claims and demands of any nature in respect of loss of or damage to the Goods made by any third party additional to or in excess of the limits of liability of the Carrier set out in Condition 10 above.

11.4 Any claims made or penalties imposed by the Commissioners of Customs and Excise in respect of dutiable goods.

11.5 Claims and demands made by a third party attributable to lack of authority on the part of the Customer to enter into the Contract upon these Conditions.

  12 Notification of claims

12.1 The Carrier shall not be liable for:

a) loss or damage of the whole of the Consignment unless a claim specifying the general nature thereof is submitted by the Customer to the Carrier in writing within 14 days from the Carrier’s responsibility for the Consignment having commenced in accordance with Condition 6.2 above and unless a detailed claim giving weight and value and date of collection are submitted by the Customer to the Carrier in writing within 14 days from the Carrier’s responsibility for the Consignment having ended or been deemed to have ended;

b) loss or damage of any part of a Consignment unless a claim specifying the general nature thereof is submitted by the Customer to the Carrier in writing within 7 days from the Carrier’s responsibility for the Consignment having ended in accordance with Condition 6.3 above and a detailed claim specifying the weight, value and date of collection and date of delivery are submitted in writing within 14 days of the Carrier’s responsibility having ended; c damage of any description unless the damaged Goods are made available to the Carrier’s representative for inspection for a reasonable period following notification of the claim; d delay in delivery of whole or part of the Consignment unless the Carrier is informed in writing within three days of the date by which the delivery should have been made. Where no date for delivery has been agreed notification should be given within 63 days of the Carrier’s responsibility for the Consignment having commenced.

12.2 The Carrier shall not benefit from this exclusion of liability if the Customer provides evidence that: a in all the circumstances, it was not reasonably possible so to advise the Carrier or make the damaged Goods available for inspection within the specified time limits; and b such advice was given at the first reasonable opportunity.

12.3 The Carrier shall not be liable for any claims and shall be discharged from all liability however arising if the Customer has failed to refer the claim to arbitration in accordance with Condition 15.3 within one year of the date that delivery was scheduled to or did take place, or in the event that no delivery date was agreed and no delivery took place within one year from the date of the Carrier collected the Goods.

  13 Lien and power of sale

13.1 All Consignments delivered to the Carrier for carriage are and will be received by the Carrier and held by it subject to a lien for all carriage charges due to the Carrier from the Customer for the carriage, storage rent and/or warehousing charge of the Goods and other proper charges or expenses incurred in respect of or in connection with the carriage of the particular Consignment and all other goods which may have been carried by the Carrier for the Customer from time to time.

13.2 If such a lien is not satisfied by payment within a reasonable time of the Carrier’s demand for payment then the Carrier shall be entitled to invoke the power of sale set out in Condition 8 over the Goods in the Carrier’s possession. Such sale shall be subject to the provisions of Conditions 8.2 and 8.3 above.

13.3 The Carrier shall be entitled to charge to the Customer the cost of loading and unloading the Goods whilst a lien is being exercised together with warehouse rent and any other expenses incurred during all periods during which the lien on the Consignment or any part of the Consignment is being asserted and all these Conditions shall continue to apply whilst the lien is being exercised.

13.4 If the Consignment is not the property of the Customer, the Customer warrants that he has the authority to grant to the Carrier a particular lien against the owner of the Goods. The Carrier may hold the Goods against the owner for any unpaid monies applicable to those Goods only, but he may not sell or dispose of the Goods in any way without the express consent of the owner.

  14 Detention of Carrier’s property

14.1 The Customer shall, except in the case of negligence by the Carrier, pay to the Carrier any cost or expense occasioned to it by the improper or excessive detention by the Consignor or Consignee of any vehicle, trailer, container or covering belonging to or under the custody or control of the Carrier without prejudice to any rights of the Carrier against any third party in respect of such detention.

  15 Dispute resolution

15.1 The parties will attempt, in good faith, to resolve any dispute or claim arising out of or relating to these Conditions promptly through negotiations between the respective representatives of the parties who have authority to settle the same.

15.2 Subject to Condition 15.4, if the dispute is not resolved through negotiation the parties may attempt to resolve the dispute or claim through mediation to settle such a dispute and will do so in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties within 14 days of notice of the dispute, the mediator will be nominated by CEDR. To initiate the mediation a party must give an Alternative Dispute Resolution (ADR) notice to the other party referring the dispute to mediation. A copy of the referral should be sent to CEDR.

15.3 Unless otherwise agreed, the mediation will start not later than 28 days after the date of the ADR notice. Subject to Condition 15.4, no party may commence any court proceedings in relation to any dispute arising out of these Conditions until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other party has failed to participate in the mediation, provided that the right to issue proceedings is not prejudiced by a delay.

15.4 The provisions of Conditions 15.1 to 15.3 shall not apply to disputes relating to non-payment or late payment of any charges.

  16 Confidentiality

16.1 Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by Condition 16.2.

16.2 Each party may disclose the other party’s confidential information to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with these Conditions, or as required by law, a court of competent jurisdiction or any governmental or regulatory authority. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party’s confidential information comply with Condition 16.1.

  17 Governing law

17.1 The parties shall agree the legal regime under which these Conditions shall be construed and interpreted and the courts which shall have jurisdiction. In the absence of such agreement, the Contract shall be subject to and construed and interpreted in accordance with English law and shall be subject to the jurisdiction of the courts of England.