Terms of use
1. Introduction
(A) These terms and conditions (the "terms") set out the basis on which
CLIFFORD BARTLE HAULAGE LTD will transport packages, merchandise and vehicles. These terms
are supplemented by the service details appearing in the current applicable
CLIFFORD BARTLE HAULAGE LTD Services relating
to the particular service the shipper has chosen. The Service and Tariff Guide
contains important details of the services provided by
CLIFFORD BARTLE HAULAGE LTD which should
be read by the shipper and which form part of the agreement between
CLIFFORD BARTLE HAULAGE LTD and the shipper.
CLIFFORD BARTLE HAULAGE LTD refers to CLIFFORD BARTLE HAULAGE LTD Ltd,
registered in the United Kingdom with the following address CPH HAULAGE LTD Ltd, Company Registration No.: 04557699, 11 Fusion Court Aberford Road, Garforth, Leeds, LS25 2GH.
Except as otherwise provided in these Terms and Conditions of Carriage, the
rules of the United Kingdom Department (United Kingdom General Terms and Conditions
for Carriers, "ADSp") continue to apply in United Kingdom (with the exception
of item 29 ADSp), and the rules of the Germany Department (Germany General
Terms and Conditions for Carriers, "AÖSp") continue to apply
in Germany (with the exception of sections 39-41 AÖSp).
(B) Where carriage by air involves an ultimate destination or intermediate
stopping place outside the country of origin the Warsaw Convention may apply.
(For the purpose of these terms the phrase "the Warsaw Convention" means
(i) the Convention for the Unification of Certain Rules Relating to Expres
International Carriage by Air signed at Warsaw on 12th October 1929 or (ii)
that Convention as amended or supplemented by any protocol or supplementary
convention or (iii) any other international convention replacing or prevailing
over any of the foregoing.)
Further, international carriage 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"). The Warsaw Convention and
the CMR Convention govern and in most cases limit the liability of carriers
in respect of loss, damage or delay to cargo.
(C) Depending on the country where the shipment is presented to
CLIFFORD BARTLE HAULAGE LTD for carriage, the term "
CLIFFORD BARTLE HAULAGE LTD " will mean and the shipper's contract
will be with whichever of the following companies is applicable. That company
will also be the (first) carrier of the merchandise for the purposes of the Conventions
referred to in paragraph B.
(D)
CLIFFORD BARTLE HAULAGE LTD may engage subcontractors to perform services and contracts
both on its own behalf and on behalf of its servants, agents and subcontractors,
to each of whom these terms also apply.
In these terms, "Waybill" shall mean a single
CLIFFORD BARTLE HAULAGE LTD waybill/consignment
note or the freight merchandise recorded against the same date, address and type
of service on a pickup record. All packages covered under a Waybill shall be
considered a single shipment. A shipment may be carried via any intermediate
stopping places that CLIFFORD BARTLE HAULAGE LTD deems appropriate
Our working hours for all our customers (agency locations and customer service)
are during the weekdays from 08:30 AM to 06:30 PM. Our customer
service will answer your inquiry and your questions that are sent during the
weekend on Monday the first day of the new week that is beginning.
2. Scope of Service
Unless any special services are agreed, the service to be provided by
CLIFFORD BARTLE HAULAGE LTD is limited to the pickup, transportation, customs clearance where applicable
and delivery of the shipment.
To enable transit times to be kept short and transportation prices to be kept
low as desired by the shipper, shipments will be transported as consolidated
shipments. In selecting the type of carriage, the shipper accepts that in view
of this mass carriage it is not possible to guarantee the same care as with
individual carriage. The shipper accepts that
CLIFFORD BARTLE HAULAGE LTD may not monitor the
transport route, specifically by checking incoming and outgoing documentation
at the individual transshipment points within the CLIFFORD BARTLE HAULAGE LTD system.
Where the shipper requires carriage to be monitored more closely he will opt
for the merchandise to be carried as a declared value package.
3. Restrictions on Carriage
(a)
CLIFFORD BARTLE HAULAGE LTD will not carry shipments that are excluded from transport under
the provisions of paragraphs (i) to (iii) below.
(i) The value of any shipment must not exceed the local currency equivalent
of £200,000.00.
(ii) Shipments must not contain any of the prohibited articles listed here
including (but not limited to) articles of unusual value, works of art, antiques,
precious stones, stamps, unique items, gold or silver, money or negotiable
instruments (such as cheques, bills of exchange, bonds, savings books, share
certificates or other securities) and dangerous merchandise.
(iii) Shipments must not contain merchandise which might endanger human or animal
life or any means of transportation, or which might otherwise taint or damage
other merchandise being transported by
CLIFFORD BARTLE HAULAGE LTD , or the carriage, export or import
of which is prohibited by applicable law.
The shipper shall be responsible for the accuracy and completeness of the
particulars inserted in the Waybill and for ensuring that all packages set
out adequate contact details for the shipper and receiver of the package and
that they are so packed, marked and labeled, their contents so described and
classified and are accompanied by such documentation as may (in each case)
be necessary to make them suitable for transportation and to comply with the
requirements of the Service and Tariff Guide and applicable law.
(b) Perishable and temperature sensitive merchandise will be transported at the
shipper's risk. CLIFFORD BARTLE HAULAGE LTD does not provide special handling for such
packages.
(c) Refusal and Suspension of Carriage
(i) If it comes to the attention of
CLIFFORD BARTLE HAULAGE LTD that any package does not meet
any of the above restrictions or conditions or that any amount stated on a
Waybill exceeds the limits specified in paragraph 8,
CLIFFORD BARTLE HAULAGE LTD may refuse to
transport the relevant package (or any shipment of which it is a part) and,
if carriage is in progress,
CLIFFORD BARTLE HAULAGE LTD may suspend carriage and hold the package
or shipment to the shipper's order.
(ii)
CLIFFORD BARTLE HAULAGE LTD may also suspend carriage and delivery if the shipper requests
that the package is blocked or if the receiver refuses to accept delivery,
if it is unable to effect delivery because of an incorrect address (having
used all reasonable means to find the correct address) or because the correct
address is found to be in another country or if it cannot collect amounts due
from the receiver on delivery.
(iii) Where carriage is suspended and the receiver has no full access over
the shipment, CLIFFORD BARTLE HAULAGE LTD may return the package or shipment in question
to the shipper on his expenses, else the shipment is delivered and kept for
delivery 90 days after that it will become property of
CLIFFORD BARTLE HAULAGE LTD .
(d) The shipper will be responsible for the payment of all costs and expenses
resulting from such suspension of carriage, including but not restricted to
the costs of forwarding, disposal, return, storage or administration together
with all duties and taxes where applicable. CLIFFORD BARTLE HAULAGE LTD will not refund
carriage charges of any kind in any of the above cases.
(e) The shipper may only hand over prohibited merchandise for carriage if
CLIFFORD BARTLE HAULAGE LTD has previously agreed in writing to carry the merchandise in question. Non-rejection
shall not represent agreement by
CLIFFORD BARTLE HAULAGE LTD . If prohibited merchandise are handed
over for carriage without agreement, the shipper will be liable for any damage
resulting to the merchandise in question and to other articles, means of transport
and/or persons and must indemnify
CLIFFORD BARTLE HAULAGE LTD . It is not the responsibility of
CLIFFORD BARTLE HAULAGE LTD to check that merchandise are not prohibited from carriage.
CLIFFORD BARTLE HAULAGE LTD is not liable for loss of or damage to merchandise that are handed over
for carriage contrary to the prohibition on carriage.
(f)
CLIFFORD BARTLE HAULAGE LTD reserves the right, but is not obliged, to open and inspect
any package tendered to it for transportation.
4. Customs Clearance
4.1 Where a package requires customs clearance, it is the shipper's responsibility
to provide complete and accurate documentation.
CLIFFORD BARTLE HAULAGE LTD will unless instructed
otherwise act as the shipper's agent in obtaining customs clearance. The
shipper also agrees that
CLIFFORD BARTLE HAULAGE LTD may be considered as being the receiver
of the package for the sole purpose of appointing a customs broker to carry
out any customs clearance. In principle,
CLIFFORD BARTLE HAULAGE LTD will not take responsibility
for any customs clearance for shipments within the EU or within a customs
area unless
CLIFFORD BARTLE HAULAGE LTD is given a separate instruction to do so.
4.2 If any duties, taxes, penalties, storage charges or other expenses are
imposed or incurred as a result of any action by the customs authorities or
as a result of any failure by the shipper or the receiver to provide correct
documentation or any permits or licence's required in connection with carriage,
the receiver will initially be charged by CLIFFORD BARTLE HAULAGE LTD with payment and,
if
CLIFFORD BARTLE HAULAGE LTD cannot collect payment from the receiver on first request, it
will be the shipper's responsibility to pay the amount in question to
CLIFFORD BARTLE HAULAGE LTD .
5. Payment
5.1 The rates for carriage and other services are set out here. Unless paid
before shipment, all charges must be paid within 7 days of receipt of invoice.
Unless proved otherwise, an invoice shall be considered for this purpose
to have been received three business days following the date of invoice.
5.2 If
CLIFFORD BARTLE HAULAGE LTD is required to pay any taxes, duties or levies on behalf
of the shipper, receiver or some other party, and
CLIFFORD BARTLE HAULAGE LTD is unable to collect
such amount on first request from the relevant person, that amount will be
payable by the shipper on demand. This also applies in cases where the receiver
or, in the case of third party billing, the third party fails to pay any charges
which they are due to pay.
5.3 Any sum payable to CLIFFORD BARTLE HAULAGE LTD which is overdue will bear interest
at the statutory rate from
the due date to the date on which
CLIFFORD BARTLE HAULAGE LTD receives payment.
5.4 If any sum is not paid by the shipper or receiver in accordance with these
terms, CLIFFORD BARTLE HAULAGE LTD reserves the right to hold packages until it receives
payment in full or to sell such packages and use the proceeds to settle the
debts. Any unpaid balance will remain payable.
6. Interruption of Service
6.1
CLIFFORD BARTLE HAULAGE LTD is not liable for interruptions or disturbances to its services
due to circumstances that are not the sole responsibility of
CLIFFORD BARTLE HAULAGE LTD .
6.2 Examples of events falling within 6.1 are disruption to air or ground
transportation (e.g. due to particular weather conditions), fire and flood,
war, hostilities and civil disturbances, acts of government or other authorities
and labor disputes or obligations (whether affecting
CLIFFORD BARTLE HAULAGE LTD , its agents,
subcontractors or third parties).
7. Money Back Guarantee
The liability of
CLIFFORD BARTLE HAULAGE LTD under the money back guarantee is limited to
the above and the money back guarantee does not constitute any form of undertaking
or representation that the shipment will arrive by any particular time. CLIFFORD BARTLE HAULAGE LTD does not agree or confirm delivery times.
8. Liability
8 .1 Where the Warsaw or CMR Conventions or any national laws implementing
or adopting these conventions ("Convention Rules") apply or where
(and to the extent that) other mandatory national law applies, the liability
of
CLIFFORD BARTLE HAULAGE LTD is governed by and will be limited according to the applicable
rules.
8.2 Where Convention Rules or other mandatory national laws do not apply,
the liability of CLIFFORD BARTLE HAULAGE LTD shall be exclusively governed by these
terms.
In United Kingdom, liability for loss or damage is limited to proven direct losses
to a maximum of £500.00 per shipment or 8.33 SDR per kilogram, whichever
amount is greater.
Where there is partial loss or damage, liability will be determined on the
weight of the devalued part of the shipment.
The above limitations on liability do not apply if the loss or damage results
from an act or omission carried out by
CLIFFORD BARTLE HAULAGE LTD , its legal representatives
or agents intentionally or grossly negligent and in the awareness that the
damage was likely to occur.
8.3 If the claimant (or any person from whom he derives his right to claim)
has caused or contributed to the loss or damage, the liability to be incurred
by CLIFFORD BARTLE HAULAGE LTD may be reduced or extinguished.
8.4 The shipper may benefit from an increase in the limit of liability under
paragraph 8.2 by correctly declaring a higher value for the shipment on the
Waybill and paying the additional charge as stated in the Service and Tariff
Guide for the declared value (declared value package). The value of the merchandise
concerned shall not in any event exceed the limits specified in paragraph 3(a)(ii).
By refraining from a value declaration the shipper declares that his interest
in the merchandise does not exceed the basic liability set out in paragraph 8.2.
CLIFFORD BARTLE HAULAGE LTD is liable for faulty postal inspection in case that the shipment
doesn't correspond with the description of the postal inspection.
CLIFFORD BARTLE HAULAGE LTD may remit the additional charge on the shipper's behalf to an insurer
as a premium to cover the shipper's interest. In this case, any claims that
the shipper may have to compensation will be put forward by
CLIFFORD BARTLE HAULAGE LTD and paid
on behalf of the insurance company. The policies
CLIFFORD BARTLE HAULAGE LTD use for these purposes
are available for inspection at the address set out above.
8.5
CLIFFORD BARTLE HAULAGE LTD does not accept responsibility for indirect damage and consequential
loss such as purely economic losses, loss of profits, loss of business opportunities
or loss of sales, and expenditure on alternative provisions.
This limitation on liability does not apply where the conditions in the last
sentence of paragraph 8.2 are met.
CLIFFORD BARTLE HAULAGE LTD is not liable for damage or loss where this results from defects
in the packaging used by the shipper, or for damage to or loss of the packaging.
9. Delivery
Shipments will be delivered against the signature of the receiver or of any
other person who may be assumed under the circumstances to have authority
to accept delivery of the shipments.
CLIFFORD BARTLE HAULAGE LTD may use an electronic device as proof of delivery and the shipper
expressly agrees that the reproduction of the signature recorded using the
electronic delivery device serves as proof of delivery.
CLIFFORD BARTLE HAULAGE LTD may also suspend carriage and delivery if the shipper requests that
the package is blocked or if the receiver refuses to accept delivery, or because
the correct address is found to be in another country or if it cannot collect
amounts due from the receiver on delivery.
Where carriage is suspended and the receiver has no full access over the shipment,
CLIFFORD BARTLE HAULAGE LTD may return the package or shipment in question to the shipper
on his expenses, else the shipment is delivered and kept for delivery 90 days
after that it will become property of
CLIFFORD BARTLE HAULAGE LTD to recover delivery expenses.
10. Data Protection
CLIFFORD BARTLE HAULAGE LTD has the right to collect, store and process data that are provided
by the shipper or receiver in connection with the carriage effected by EU
Movers, to transfer these data to other group companies, including group
companies in other countries, and to have them processed centrally there.
CLIFFORD BARTLE HAULAGE LTD is further authorized to pass on data to official bodies, including
but not limited to customs authorities, as required by law. The data may
be used for advertising purposes for other services offered
by
CLIFFORD BARTLE HAULAGE LTD . Irrespective of the country where
CLIFFORD BARTLE HAULAGE LTD stores the data,
the rights of the person concerned under the applicable data protection laws
may be asserted through that person's local
CLIFFORD BARTLE HAULAGE LTD branch.
11. Claims Procedure
All claims against
CLIFFORD BARTLE HAULAGE LTD must be notified in writing to
CLIFFORD BARTLE HAULAGE LTD without
delay and in accordance with the applicable legal requirements. In addition,
CLIFFORD BARTLE HAULAGE LTD will have no liability in connection with any shipment unless the
relevant claims are brought by court action within one year after delivery
of the merchandise concerned or in the case of non-delivery after the date on which
the merchandise should have been delivered.
A shipment will only be regarded as lost if it has not been found within 30
days (or 40 days in the case of cross-border transportation) of the receipt
of the complete
CLIFFORD BARTLE HAULAGE LTD processing form with the necessary enclosures by
the relevant customer service center.
This provision shall not be applied where other rules apply under Convention
Rules or other mandatory laws.
12. Entire Agreement
All the terms of the contract between
CLIFFORD BARTLE HAULAGE LTD and the shipper are contained
in this document. Variations to these contractual terms are only effective
on the basis of a separate agreement in writing.
The failure to invoke any provisions of these terms and conditions of carriage
shall not represent any waiver of the right of
CLIFFORD BARTLE HAULAGE LTD to invoke those or
other provisions in future. Agents of CLIFFORD BARTLE HAULAGE LTD are not authorized
to waive clauses of the present terms and conditions of carriage, modify these
terms or give away confidential info.
13. Severability
If any part of these terms is or becomes unenforceable, this will not affect
the enforceability of any other part.
14. Governing Law
These terms and conditions of carriage and any contract concluded which incorporates
these terms shall be governed by the laws of the country where the shipment
is presented to CLIFFORD BARTLE HAULAGE LTD for carriage.
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