Terms and Conditions of use
1. Definitions “the Carrier” means Arctic Fox Couriers Trading under Belle Casa (UK) Ltd Address Place House Whiston Northants (NN7 1NN) which expression shall, unless the context requires otherwise, include any subcontractor appointed by Arctic Fox pursuant to Clause 3 below.
“The Customer” means the person or company who contracts for the services of the Carrier, including any other carrier who gives a Consignment to the Carrier for carriage. “the Contract” means the contract of carriage between the Customer and the Carrier, which shall be made subject to these Terms and Conditions.
“The Consignee” means the person or company to whom the Carrier contracts to deliver the Consignment.
“The Consignment” means goods in bulk or contained in Chilled ambient or frozen products.
For the avoidance of doubt, the expression “goods” Will only include Chilled Ambient or frozen goods.
We are license to carry ADR goods which fall under
Dangerous Goods means dangerous substances as defined in the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992 (and any amendment or replacement thereof), explosives, radioactive substances and any other substance presenting a similar hazard.
We do not carry Class 7 goods under our licence.
3. Authority and Subcontracting
3.1 The Customer warrants that he is either the owner of the goods in any Consignment or is authorised by such owner to accept these Terms and Conditions on such owner’s behalf.
3.2 The Carrier and any other carrier employed by the Carrier may employ the services of any other carrier for the purposes of fulfilling the contract in whole or in part and the name of every such other carrier shall be provided to the Customer upon request.
3.3 The Carrier contracts for itself and (subject to paragraph 3.4) as agent of and trustee for its servants and agents and all other carriers referred to in paragraph
3.2 above and such other carriers’ servants and agents.
3.3, the carriage of goods in any Consignment by rail, sea, inland waterway or air is arranged by the Carrier as agent of the Customer and shall be subject to the terms and conditions of the rail, shipping, inland waterway or air carrier contracted to carry the Consignment.
3.4 Notwithstanding paragraph
4. Dangerous Goods Dangerous Goods must be disclosed by the Customer in advance the Carrier agrees to accept them for Carriage they must be classified, packed and labelled in accordance with the statutory regulations for the carriage by road of the substance(s) declared. Transport Emergency Cards (“Tremcards”) or information in writing in the manner required by the relevant statutory provisions or by the relevant body authorised by statute to make regulations must be provided by the Customer in respect of each substance and must accompany the Consignment.
5. Delivery
5.1 Unless the Carrier has agreed in writing to the contrary with the Customer: 5.1.1
The Carrier shall not be under any obligation to provide any plant, power or labour required for loading or unloading the Consignment, other than that carried by the vehicle used by the Carrier;
5.1.2 The Customer warrants that any special equipment required for loading or unloading the Consignment which is not carried by the Carrier’s vehicle will be provided or procured by the Customer;
5.1.3 The Carrier shall be under no liability whatsoever to the Customer and the Customer shall indemnify and hold harmless the Carrier for any damage, however caused, if the Carrier is instructed to load or unload any goods requiring special equipment if such equipment has not been provided or procured by the Customer.
6. Consignment Notes The Carrier shall, if so required, sign a document prepared by the Customer acknowledging receipt of the Consignment but no such document shall be evidence of the condition or of the correctness of the declared nature, quantity or weight of the Consignment at the time it is received by the Carrier.
7. Transit
7.1 Transit shall commence when the Carrier takes possession of the Consignment, whether at the point of collection or at the Carrier’s premises.
7.2 Transit shall (unless otherwise previously determined) end when the Consignment is tendered at the usual place of delivery at the Consignee’s address PROVIDED THAT:
7.2.1 If no safe and adequate access or, if applicable, no adequate unloading facilities there exist, then transit shall be deemed to end at the expiry of one hour after notice by telephone of the arrival of the Consignment at the Carrier’s premises has been given to the Customer,
8. Carrier’s Charges
8.1 The Carrier’s charges shall be made in accordance with its tariff current at the time of performance of the Contract. Invoices will be prepared by the Carrier at least once a month.
Credit facilities may be withdrawn by the Carrier at its absolute discretion at any time and the balance outstanding shall become due immediately on demand.
8.2 The Carrier’s charges shall be payable by the Customer without prejudice to the Carrier’s rights against the Consignee or any other person. Without prejudice to the generality of the foregoing, when goods are consigned “carriage forward”, the Customer shall not be required to pay such charges unless the Consignee fails to pay after demand has been made by the Carrier for the payment thereof and such demand has not been paid within the time stipulated by the Carrier to the Consignee.
8.3 Charges shall be payable on the expiry of any time limit notified to the Customer (whether on any invoice or otherwise) or failing such notification 30 days after the relevant invoice and the Carrier shall be entitled to interest at 5% above the base rate of RBS Bank plc for the time being calculated on a daily basis on all amounts overdue to the Carrier.
Any queries as to the correctness of the invoice must be made in writing within Seven days of issue of the invoice otherwise it will be payable in full.
8.4 All charges quoted are exclusive of Value Added Tax and added at the prevailing weight.
8.5 All sums due to the Carrier shall be paid without deduction, set-off or abatement and the Customer shall not withhold or defer any payment on account of any claim or counterclaim and acknowledges that any such claim or counterclaim whatsoever by the Customer against the Carrier must be subject to separate proceedings.
9. Liability for Loss and Damage
We carry insurance up to and including £15,000 pounds per load however proof needs to be provided that the carrier is at fault
9.1 Save where the Customer has made specific arrangements for insurance with the Carrier prior to commencement of transit of the Consignment (as determined in accordance with
Clause 9.2), the Carrier shall not be liable for any loss or misdelivery of frozen chilled or ambient products.
9.3 The Carrier shall not be liable in respect of any loss or misdelivery of or damage to any Consignment if the same has arisen from and the Carrier has used reasonable care to minimise the effects of:
10.1.1 Acts of God;
10.2.2 Any consequences of war, invasion, act of foreign enemy, hostilities (whether war or not), civil war, rebellion, insurrection, military or usurped power of confiscation, requisition or destruction of or damage to property by or under the order of any government or public or local authority;
10.3.3 Seizure or forfeiture under legal process;
10.3.4 Act, omission, misstatement or misrepresentation by the Customer or other owner of the Consignment or by servants or agents of either of them;
10.3.5 Insufficient or improper packing;
10.3.6 Insufficient labelling or addressing;
10.3.7 Riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labour from whatever cause;
10.3.8 The Consignee not taking or accepting delivery within a reasonable time after the Consignment has been tendered;
10.3.9 Failure or delay in delivery for any reason whatsoever beyond the control of the Carrier.
11. Limitation of Liability
11.1 The liability of the Carrier for loss of or damage to any Consignment shall be limited to a maximum of £15,000 whether such loss or damage was due to the fault or negligence of the Carrier or its servants, agents or employees or otherwise.
If the Customer wishes to arrange a higher level of liability in respect of any Consignment, then it should apply to the Carrier who may be able to arrange this at an additional charge to the Customer.
11.2 The Carrier shall not in any circumstances be liable for any indirect loss or damage or for loss of profit or for loss of a particular market whether held daily or at intervals.
11.3 The Carrier shall be entitled to receive written proof of the value of the Consignment damaged or lost and shall be afforded by the Customer a reasonable opportunity to inspect the Consignment when delivery has been effected to the Consignee.
11.4 The Carrier shall only be liable for loss or damage occurring within the geographical limits of Great Britain. For journeys outside these limits, liability shall be restricted to the amount of cover provided by the international agent or carrier chosen at the Carrier’s absolute discretion.
12. Time Limits for Claims
Once goods have been delivered (POD) proof of delivery and signed for no claim can be made against the carrier
13.1 The Customer shall indemnify the Carrier against:
13.1.1 All consequences suffered by the Carrier (including but not limited to claims, demands, proceedings, fines, penalties, damages, costs, expenses and loss of or damage to the carrying vehicle and to other goods carried) of any error, omission, misstatement or misrepresentation by the Customer or other owner of the Consignment or by any servant or agent of either of them, insufficient or improper packaging, labelling or addressing of the Consignment or fraud;
13.1.2 All claims and demands whatsoever by whomsoever made in excess of the liability of the Carrier under these Terms and Conditions;
13.1.3 All losses suffered by and claims made against the Carrier resulting from loss of or damage to property caused by or arising out of the carriage by the Carrier of Dangerous Goods whether or not declared by the Customer as such;
14. Governing Law and Jurisdiction These Terms and Conditions and all Contracts shall be governed by and construed in accordance with the Laws in England and any proceedings in relation thereto shall be subject to the exclusive jurisdiction of the English Courts.
