TERMS & CONDITIONS OF TRADE
Global Logistics Worldwide Limited (Registered in England No. 3599730) "the Company" is not a common carrier and undertakes all services subject solely to the following Terms and Conditions which can be varied only in writing by the Company Secretary or a Director of the Company. If a Customer's acceptance document, purchase order or other documentation, received by the Company before or after notification of these conditions, contains terms or conditions additional to, or at variance with these conditions, then every such additional or varying term shall be of no effect.
Within these Terms and Conditions "the Customer" means the person, company or other entity with whom the Company agrees to store, transport or perform services in respect of the Goods.
The "Goods" means the material or items to be stored or transported or in respect of which services are performed by the Company.
- The Customer warrants that it is either the owner of the Goods or is authorized by such owner to accept these Conditions on the owner's behalf and that the Goods are not subject to any charge, lien or encumbrance whatsoever.
The Customer undertakes that when presented for storage, the Goods shall be securely and properly packed in compliance with any statutory regulations or official or recognized standards and in such condition so as not to cause damage or injury or the likelihood of damage or injury to the property of the Company or to any other goods whether by spreading of damp, infestation, leakage or the escape of fumes or substances or otherwise howsoever.
Before presenting the Goods the Customer will inform the Company in writing of any special precautions necessitated by the nature, weight or conditions of the Goods and of any statutory duties specific to the Goods with which the Company may need to comply.
Unless prior to acceptance of the Goods by the Company, the Company receives written notification from the Customer, containing all appropriate information, none of the Goods are or contain substances the storage of which would require the obtaining of any consent or license or which, if they escaped from their packaging, would or may cause pollution of the environment or harm to human health.
The Customer shall be liable for any breach of any regulations relating to the Goods stored and undertakes to indemnify and keep indemnified the Company against all actions, proceedings, costs, claims and demands arising out of any breach, non-observance or non-performance of the same.
If there is a breach of the contract by the Customer, the Customer shall indemnify the Company against all loss or damage it suffers which is related to the breach, and will pay all costs, expenses, fees incurred in, and the Company's reasonable charges for, dealing with the breach and it's consequences.
The Customer will reimburse the Company with all duties and taxes that the Company may be required to pay in respect of the Goods under all circumstances.
The Goods shall be removed by the Customer from the custody or control of the Company at such date as may have been agreed between the parties. In the absence of such agreement the Company may at any time by notice in writing to the Customer require the removal of the Goods within 28 days from the date of such notice. - In the event that the Company provides a receipt for the Goods the Customer acknowledges that the Company has not had the opportunity to check or inspect the Goods when giving such receipt and that the quantity and description of the goods is an indication only and is not binding on the Company. The Company will prepare and submit to the Customer an inventory describing the nature and quantity of the Goods received. The Customer must notify the Company within thirty days of the date of the inventory of any claim that the inventory contains a discrepancy.
The Company does not insure the Goods and the Customer shall make arrangements to cover the Goods against all risks to the full insurable value thereof (including all duties taxes and other disbursements).
The Company excludes all liability whatsoever and howsoever arising in respect of the Goods including (without limitation) all liability for loss, damage, duties and taxes, deterioration, delay, non-delivery, mis-delivery, unauthorized delivery or non-compliance with instructions ("Loss"). If and to the extent that Loss is directly caused by neglect or willful act of default of the Company, its employees or sub-contractors, the Company will accept liability for the replacement cost of the Goods for which a claim arises, subject to the overall maximum of £100 per claim.
In no case whatsoever shall the Company be liable for any loss of profit or indirect or consequential loss of any kind.
The Company shall not be liable for any claim unless it has received written notice of the claim from the Customer within thirty days (7 days in the case of sub-contracted services) of the Goods being delivered from the Company's care.
The Company shall not be liable for any Loss to the extent that the same is caused or contributed to by a breach of any of the Customer's warranties and undertakings or by any of the circumstances by virtue of which the Company is relieved of its contractual obligations in accordance with Condition 6.
The Customer will not take any proceedings against any employee or sub-contractor of the Company for a claim.
If an employee or sub-contractor pays or is liable to make a payment to the Customer in connection with a claim, the Customer will fully indemnify the Company against any claim (including all costs and expenses) by the employee or sub-contractor against the Company for reimbursement of or indemnity against that payment. - The Customer may give written authority for the Goods or any part thereof to be transferred by the Company to the account of another party but subject to the Customer ensuring before the effective date of the transfer that such other party notifies the Company in writing that it is to become the Customer and is to be bound by these Terms and Conditions. The Customer agrees to continue to pay the Company's charges until receipt by the Company of the other party's written notification.
- The Company's charges, which may be increased from time to time by at least thirty days prior notice to the Customer, shall be payable free of any deductions on the earlier of such periodic intervals as is stated within the Company's price lists or before the removal of the Goods from the Company's custody or control. Interest on amounts due and unpaid shall be payable from the date when payment of such amounts fell due and shall be calculated at the rate of 2 per cent for each calendar month during all or part of which a payment is overdue. Further, the Company shall have on the Goods a particular lien, as well as a general lien entitling it to retain the Goods as security for payment of all sums due from the Customer on any account (relating to the Goods or not). Storage charges shall continue to accrue on any Goods retained under lien.
In the event of failure by the Customer to pay any amount due to the Company or to remove any of the Goods from the custody or control of the Company at the due time, the Company may, without prejudice to its other rights and remedies against the Customer, give notice in writing to the Customer of the Company's intention to sell or otherwise dispose of the Goods at the Customer's entire risk and expense if such amount is not paid and/or such Goods are not removed within 28 days. On the expiry of such period, if such payment has not been made and/or the Goods have not been so removed the Company shall be entitled to sell or otherwise dispose of all or any part of the Goods at the Customer's entire risk and expense. The proceeds of any sale or disposal shall be remitted to the Customer after deduction there from of all expenses and all amounts due to the Company from the Customer on any account.
In the event of termination of the agreement and/or the permanent withdrawal of the Goods the Company will invoice the Customer £3.00 per item in addition to such other charges or costs that may be incurred according to the Company's prevailing tariff of charges. - The Company shall be entitled to sub-contract all or any part of its services to any person company or other entity whatsoever.
- The Company shall be relieved of its contractual obligations to the extent that their performance is prevented by, or their non-performance results wholly or partly, directly or indirectly from the act, neglect or default of the Customer, including any breach by the Customer of these Terms and Conditions, or by storm, fire, flood, explosion, breakdown or failure of plant and/or machinery, riot, civil disturbance, industrial dispute, labour disturbance or cause beyond the control of the Company.
- Each exclusion or limitation in these Terms and Conditions exists separately and cumulatively.
- Any notice or statement of account given by the Company to the Customer shall be duly given if left at or sent by first class post to the last known address of the Customer or by facsimile to the last notified number and such notice or account shall if posted be deemed to have been given 2 working days after posting and, if by facsimile, the next working day.
- All contracts between the Company and the Customer shall be governed in all respects by the law of England and the Customer hereby submits to the exclusive jurisdiction of the English courts.