South West Express (hereinafter referred to as “the Carrier” which expression will include its servants, agents and sub-contractors) is not a common carrier, and will accept no liability as such. All goods carried or other services performed shall be subject only to these conditions of carriage and the carrier reserves the right to refuse any class of goods at its discretion.
The carrier may arrange with any other persons or company to undertake the carriage of goods hereby contracted for and such person or company, its servants, agents and employees shall be entitled to the benefit of these conditions to the same extent as the Carrier, in making such arrangements the Carrier shall be the agent of the consignor and shall incur no liability whatsoever to the consignor for any act or default of such other person or company or any servant, agent, employee thereof. Upon the making of such arrangement the liability of the Carrier under the contract of carriage shall be exhausted.
Goods received for storage or other services are subject to a particular lien which shall be effective in respect of such goods until charges incurred in respect of such services are paid in full by Consignor or his authorised agent before delivery from store.
The Customer shall pay remuneration to the Carrier at the rate and at the times mentioned herein.
The Carrier shall use the vehicles described herein for the purposes of sue.. cartage work the subject of this engagement Subject however, that if it shall become impossible or tor any reason impracticable for the Carrier to use such vehicles or vehicle then the Carrier shall use such other vehicle or vehicles as the Carrier in his discretion he shall deem fit.
The Customer shall be responsible for all delays caused by the Customer or by any agent or servants of the Customer.
The Carrier is not a common carrier and will accept no liability as such. AH articles are carried or transported and all storage and other services are performed by the Carrier subject only lo these conditions. The Carrier reserves the right to refuse the carriage or transport of articles for any person, corporation or company and the carriage or transport of any class of articles of its discretion.
The Carrier may arrange with sub-contractor for the carriage of any goods the subject of this contract. Any such arrangement shall be deemed to be ratified by the Customer upon delivery of the goods to the sub-contractor, who shall thereupon be entitled to the full benefit of these terms and conditions to the same extent as the Carrier. In so far as ii may be necessary to ensure that such sub-contractor shall be so entitled the Carrier shall be deemed to enter into this contract for its own benefit and also as trustee for sub-contractor.
If the Customer instructs the Carrier in writing to use a particular method of carriage whether by road, rail, sea or air the Carrier will give priority to the method designated but if that method cannot conveniently be adopted by the the Carrier, the Carrier may carry or have the good carried by another method or methods.
No responsibility will be accepted by the Carrier nor shall it be liable for any loss or damage to or mis-delivery or failure to delivery or delay in the delivery of goods including either in transit or in storage for any reason whatsoever. The Carrier may deliver the goods at the address given to the Carrier by the Customer for that purpose and the Carrier shall be taken to have delivered the goods in accordance with this contract whether at that address he does or does not obtain from any person a receipt or signed delivery docket tor the goods.
The Carrier will insure the goods as the Customer’s agent if the Customer in writing instructs the Carrier so to do. Insurance of goods will not be effected for the benefit of the Customer except upon .his written instructions and then only at his expense and in accordance with the Carrier’s conditions of insurance in force from lime to time such conditions being obtainable from any office of the Carrier.
Freight shall be considered earned as soon as the goods are loaded and despatched.
The Customer will be and remain responsible to the Carrier for all its proper charges incurred for any reason. Labour to load or unload the vehicle shall be the responsibility and expense of the Customer.
If any person fails to pay charges due to the Carrier for any service rendered by the Carrier on reasonable demand being made in accordance with this contract, the Carrier may detain and sell all or any of the goods of that person which are in his possession and out of the proceeds of sale retain charges so payable and all charges and expenses of the detention and sale shall give any surplus of the moneys arising from the sale of and such of the goods as remain unsold to the person entitled. Any such sale shall not prejudice charges due or payable for such service or the detention and sale.
The Customer or his authorised agent shall not tender for carriage any explosive, inflammable or otherwise dangerous or damaging goods without presenting a full description of those goods and in default of so doing shall be liable for all loss and damage caused by the goods.
The person delivering any goods to the Carrier for carriage or forwarding is authorised 10 sign this consignment note for the Customer.
The Customer warrants with the Carrier that the Customer is either the owner or the authorised agent of the owner of any goods or property the subject matter of this contract of cartage and by entering into this contract the Customer accepts these conditions of contract for the person or persons on whose behalf the Customer is acting.
Without derogating from Clause 15 above the Carrier shall not be liable for any loss of market loss of use or consequential loss concealed damage or damage caused by inherent vice or nature of the goods or merchandise carried (including chilled, frozen. refrigerated or perishable goods) either in transit or in storage whether caused by the negligence, wrongful act or default of the Carrier or by any other cause.
The Customer shall be deemed to authorise at his expense any deviation from the usual route or manner of carriage of goods which may in the absolute discretion of the carrier be deemed reasonable or necessary in the circumstances.
Carrier by the provisions set forth in the above condition of carrying shall continue to have their full force and effect in the circumstances and notwithstanding any breach of contract or of any conditions hereof by the carrier
Where by express agreement the Carrier becomes responsible tor damage lo goods no claim for such damage will be allowed unless lodged in writing at an office of the Carrier in the Stale in which delivery was effected within seventy two (72) hours hour delivery was given.
The Carrier will not collect cash on delivery on behalf of the Customer.
The rate of remuneration herein before mentioned shall be deemed to have been calculated by the Carrier on the wages allowances, fuel costs, insurance costs, licence costs, road tax rates and motor vehicles labour and parts costs and rates in force at the time this agreement was executed. If during any period of the carriage there shall be any increase in the costs and rates of labour, fuel insurance, licences, road tax, motor vehicle maintenance and parts costs as aforesaid then in that event and calculated at the expiration of such period the rate of remuneration herein before reserved to the Carrier shall be varied so as to include by addition such increased costs to the Carrier.
This agreement shall be deemed to include any of the special terms and conditions mentioned herein.
In the event that the customer fails to pay the Carrier the price of remuneration herein before mentioned within the lime agreed then in that event the customer shall be liable to pay interest on such amount outstanding at any time computed at the rate of 14% per annum commencing from the date of delivery of the goods to their destination.
The Customer undertakes that he will arrange and ensure the unloading of the goods from the Carrier’s vehicle (or .Carrier’s sub-contractor’s vehicle) as soon as practicable (and at the owner’s expense) immediately following the arrival of the vehicle at its destination.
Unless otherwise agreed the customer shall pay the Carrier (or Carrier’s agent) “C.O.D.” in legal tender for the delivery of the goods defaulting which the Carrier shall be entitled to retain possession thereof and or return them to the Carrier’s premises at the expense in every respect of the customer and until payment in full is made.