Terms & Conditions
1. DEFINITIONS
1.1 In these terms, the following expressions shall have the meanings assigned to them:
1.1.1 You/Your: Refers to the customer requesting delivery services, inclusive of any employee, agent, or subcontractor acting on your behalf.
1.1.2 We/Us/Our: Refers to Distribusha Ltd, including our employees, agents, and subcontractors. We may engage third-party contractors for deliveries while remaining accountable for the services rendered.
1.1.3 Consignment: Denotes any item(s) transported by us on your behalf from one location to another, inclusive of any associated packaging.
1.1.4 Dangerous Goods: Refers to items that may pose immediate risks to others, including (but not limited to) explosives, radioactive materials, and items requiring specialized handling.
1.1.5 Proof of Delivery (POD): Represents a signature, company stamp, or digital image certifying that the consignment has been received.
1.1.6 Contractor: Any third-party courier, agent, or subcontractor engaged by us to carry out part or all of a delivery service on our behalf.
1.1.7 Fragile Goods: Items that, due to their nature, are susceptible to damage if not handled with extra care, including but not limited to glass, electronics, and delicate machinery.
1.1.8 High-Value Items: Goods whose total value exceeds £10,000.00 or as agreed upon in writing, requiring additional insurance coverage.
1.1.9 Force Majeure: Any unforeseeable event or circumstance beyond our control that prevents us from fulfilling our obligations under this contract, including but not limited to natural disasters, strikes, accidents, or governmental restrictions.
1.1.10 Timed Delivery: A service requiring that a consignment be delivered within a specific window of time as requested by the customer.
1.1.11 Kerb-to-Kerb Delivery: A delivery service where the goods are collected from and delivered to the kerbside, without the obligation of the driver to load or unload the goods beyond this point.
2. GENERAL TERMS
2.1 These terms govern all services rendered by us. Any modifications to these terms shall be binding only if agreed upon in writing by our director. These terms shall take precedence over any other terms you may propose unless otherwise expressly agreed in writing.
2.2 By engaging our delivery services, you expressly consent to these terms.
2.3 Our liability to you is limited as delineated below. We urge you to carefully review this section to fully understand your rights.
2.4 Should any provision of these terms be deemed unenforceable, the remaining provisions shall continue in full force and effect. We strive to ensure these terms are equitable for both parties.
2.5 If either party elects not to enforce any right under these terms, such action shall not constitute a waiver of that right in the future.
2.6 These terms are governed by the laws of England, and any disputes arising hereunder shall be adjudicated in the English courts.
3. CUSTOMER RESPONSIBILITIES
3.1 Prior to requesting our delivery services, you must ensure:
3.1.1 Ownership and Permissions:
If you do not possess ownership of the goods, you have obtained the owner’s permission to facilitate the delivery.
3.1.2 Dangerous Goods:
3.1.2.1 The customer is responsible for ensuring that the consignment does not pose any risks to health or safety.
3.1.2.2 You bear the responsibility of ensuring that the goods do not endanger our personnel, third parties, or property during transit.
3.1.2.3 For comprehensive information on regulations regarding dangerous goods, please refer to the UK government’s dangerous goods guidance.
3.1.3 Hazardous Goods:
3.1.3.1 If the consignment contains hazardous goods that could pose long-term risks, such as chemicals, flammable materials, or environmentally harmful substances, you must notify us in advance.
3.1.3.2 The quantity and nature of these goods must be disclosed prior to transportation.
3.1.3.3 Special arrangements for their transportation must be agreed upon before collection.
3.1.3.4 Failure to declare hazardous goods or to provide adequate packaging may result in us refusing to transport the goods or imposing additional charges for proper handling.
3.1.4 Legal Compliance:
The goods must be lawful to handle and transport under all applicable statutes and regulations. You are responsible for ensuring compliance with all relevant legal requirements.
3.1.5 Operating Hours:
You must ensure you are fully aware of the operating hours of both the collection and delivery locations. If the location is closed at the time of delivery, we reserve the right to apply a waiting time charge of £40.00 per hour, prorated for shorter delays, or to reschedule the delivery, which may incur additional charges.
3.1.6 Pallet and Bulk Courier Loading/Unloading:
3.1.6.1 For pallet and bulk deliveries, our services are strictly kerb-to-kerb. It is the customer’s responsibility to load and unload the vehicle.
3.1.6.2 Our driver will supervise the process and ensure that the loading is secured properly and complies with safety standards.
3.1.6.3 Please note that loading and unloading services are not included in our pricing and must be arranged and agreed upon in advance.
3.1.7 Same Day Courier Loading/Unloading:
3.1.7.1 Our driver will facilitate the loading of the consignment at the collection location and unloading at the delivery premises.
3.1.7.2 The first 15 minutes of loading or unloading at both the collection and delivery points are included in the service charge.
3.1.7.3 Should the loading or unloading process extend beyond this allotted time, an additional fee of £50.00 per hour, prorated as necessary, will apply.
3.1.8 Equipment for Loading/Unloading:
The customer must ensure that suitable equipment, such as a forklift, is readily available at both the collection and delivery locations, or arrange for a vehicle equipped with a lift (maximum lift capacity of 500kg) to facilitate the loading and unloading process.
3.1.9 Access and Parking:
It is incumbent upon the customer to ensure that adequate access and parking are available at both collection and delivery locations. Should access or parking be restricted, any associated costs, such as parking fines or additional waiting time, will be charged to the customer.
3.1.10 Sufficient Packaging:
3.1.10.1 The customer is responsible for ensuring that the consignment is properly packaged to withstand the rigours of transportation.
3.1.10.2 Packaging must be suitable to protect the contents from damage during loading, unloading, and transit.
3.1.10.3 Should we determine that the packaging is insufficient, we reserve the right to refuse the consignment or repackage it. This may incur additional charges.
3.1.10.4 We are not liable for any damage resulting from inadequate or improper packaging provided by the customer.
3.1.11 Providing Accurate and Comprehensive Information:
3.1.11.1 It is the customer’s responsibility to provide accurate and comprehensive information about the consignment, including the nature of the goods, whether they are hazardous, dangerous, or require special handling.
3.1.11.2 The customer must also provide complete details such as addresses, dimensions, weight, and contact information (names and phone numbers) for both collection and delivery points.
3.1.11.3 Failure to provide accurate or complete information may result in delays, additional charges, or refusal of the consignment.
3.1.11.4 We reserve the right to apply the full charge if the consignment is refused at the collection point due to incomplete or misleading information about the nature of the goods, particularly if they are hazardous or dangerous.
4. INSURANCE COVERAGE AND PACKAGING REQUIREMENTS
4.1 Please note that our insurance coverage is strictly contingent upon the provision of sufficient packaging. In instances where damage arises from inadequate or improper packaging, insurance claims will not be entertained, and we disclaim any liability for such damages.
5. CUSTOMER RESPONSIBILITIES IN CASE OF DAMAGE TO THE CONSIGNMENT
5.1 If a consignment is damaged during transit, it is the customer’s responsibility to:
5.1.1 Retain the consignment and its packaging in its original condition for inspection by us or our appointed loss adjusters.
5.1.2 Notify us of the damage in writing within 24 hours of receiving the consignment, including details of the damage and any relevant supporting evidence, such as photographs.
5.1.3 Any discrepancies or claims regarding the condition of the consignment must be raised within 24 hours of delivery. After this period, no claims will be considered, and payment for services cannot be withheld or delayed pending the resolution of such claims.
5.1.4 Cooperate with any investigation into the cause of the damage, including providing access to the consignment for examination and any necessary documentation related to the consignment.
5.1.5 Failure to notify us within the specified period or retain the consignment and its packaging may result in the claim being invalidated, and we will not be held liable for any loss or damage to the consignment after that time.
6. OUR RESPONSIBILITIES
6.1 We reserve the right to utilize any method or route to deliver your consignment, including subcontractors. Your rights remain intact, even if we employ subcontractors. Subcontractors shall not be liable to you for more than we are under these terms.
6.2 We shall make every reasonable effort to deliver your consignment within the requested timeframe. However, unless explicitly agreed in writing, we shall not be liable for any loss or expenses arising from delayed delivery.
6.3 Any quotations or estimates provided by us shall be valid for a period of 30 days unless otherwise stated. If delivery is not arranged within this timeframe, new charges may apply. Only written quotations that you accept in writing shall be binding. Verbal estimates are for guidance only and do not constitute a binding agreement.
6.4 We reserve the right to amend our charges or terms, but we shall provide you with advance notice of any such changes.
6.5 We may refuse to accept a consignment if we believe these terms have been breached or if we suspect the presence of dangerous, hazardous or illegal goods. We retain the right to inspect consignments as necessary.
6.6 A signature acknowledging collection of the consignment does not affirm the condition of the goods.
6.7 If we are kept waiting at the collection or delivery address for more than 15 minutes, a waiting time charge of £40.00 per hour will be applied accordingly. This will be prorated for shorter delays.
6.8 If the dimensions of the items provided by you are incorrect, we reserve the right to adjust our fees.
6.9 If delivery fails due to incorrect contact details or the recipient’s unavailability:
6.9.1 We will endeavour to contact you for further instructions.
6.9.2 Should we be unable to make contact, we may return the consignment to the collection address, which will incur an additional charge.
6.10 Proof of Delivery (POD):
We will obtain proof of delivery (POD) in the form of a signature, company stamp, or digital image at the point of delivery. This will serve as conclusive evidence that the consignment has been delivered in full and in good condition unless otherwise indicated at the time of delivery.
6.11 We will retain proof of delivery documents for a minimum of six months, after which we may dispose of them without notice.
6.12 Additional Expenses:
Any additional expenses incurred during delivery, such as tolls, parking fees, congestion charges, eco taxes, or disposal charges, will be added to your invoice and must be paid within the agreed terms.
6.13 Data Protection (GDPR Compliance):
We comply with all relevant data protection regulations, including GDPR. Any personal data provided to us will be utilized solely for the purpose of delivering our services. We shall not disclose your data to third parties without your explicit consent unless required by law.
6.14 Force Majeure:
We shall not be liable for any delays or failures to perform our obligations under these terms due to events beyond our control, including but not limited to natural disasters, strikes, accidents, or governmental restrictions.
6.15 Insurance:
We provide insurance coverage of up to £10,000.00 per consignment. Should your consignment exceed this value, we strongly recommend that you arrange for additional insurance coverage either through us or a third party. Our liability shall be limited to £10,000.00 unless additional insurance is agreed upon.
7. CANCELLATIONS AND AMENDMENTS
7.1 Cancellation Fee:
For light haulage, if you cancel after the driver has been dispatched, you will incur a cancellation fee of 50% of the booking fee.
7.2 Late Amendment Fee:
If changes are made after the driver has been dispatched, which affect the mileage, journey time, or loading/unloading times, a late amendment fee will be applied.
7.3 Demurrage Charges:
If the driver is delayed during loading or unloading for longer than 15 minutes, a waiting time charge of £40.00 per hour will be applied accordingly. This will be prorated for shorter delays.
8. SPECIFIC SERVICE TERMS
8.1 Medical Courier (Healthcare Equipment, Supplies, and Machinery)
8.1.1 No Handling of Biological Materials:
We do not handle biological materials, such as human tissues, blood, or samples.
8.1.2 Access to Premises:
If positioning or installation of equipment is required, our team may need access to your premises to complete the delivery. You are responsible for ensuring the area is prepared and cleared of any obstacles to facilitate safe delivery and installation.
8.1.3 All consignments must be packaged securely to ensure the safety and integrity of the equipment and supplies during transit. It is the customer’s responsibility to ensure that the items are appropriately packaged to prevent damage.
8.1.4 For fragile or high-value healthcare equipment, we strongly recommend additional insurance. Our liability is limited to £10,000.00 unless additional insurance has been arranged with us or through a third party.
8.2 Technical Courier (Technical Equipment and Devices)
8.2.1 Access to Premises:
If positioning or installation of technical equipment is required, our team may need access to your premises. The area must be prepared and cleared of obstacles to ensure safe delivery and setup.
8.2.2 All consignments must be packaged securely to ensure the safety and integrity of the equipment during transit. It is the customer’s responsibility to ensure that the items are appropriately packaged to prevent damage.
8.2.3 We strongly recommend additional insurance for sensitive and high-value technical equipment. Our liability is limited to £10,000.00 unless additional insurance has been arranged with us or through a third party.
8.3 Exhibition and Event Courier
8.3.1 This service encompasses the transportation of exhibition materials, event equipment, and promotional items to and from event venues, exhibitions, or trade shows.
8.3.2 Access and Set-Up Timing:
The customer is responsible for providing clear delivery instructions, including the venue’s access rules, set-up times, and any specific requirements for delivery windows. We are not liable for delays or missed delivery slots caused by access restrictions or failure to provide accurate information.
8.3.3 Fragile/High-Value Items:
If fragile or high-value exhibition or event equipment is included, we recommend additional insurance. Our liability is limited to £10,000.00, unless additional insurance is arranged.
8.3.4 Handling and Assembly of Event Equipment:
We can assist with the assembly or disassembly of exhibition stands, displays, or other event equipment. Charges will apply for assembly or disassembly services, and these must be agreed upon in advance.
8.3.5 Storage at Events:
If temporary storage is required at the event venue, the customer must make prior arrangements. We do not provide storage services unless previously agreed.
8.3.6 Timed Deliveries:
We understand that events often have strict timelines. While we will make every effort to meet these schedules, we are not liable for delays due to unforeseen circumstances such as traffic, restricted access, or event restrictions.
9. CUSTOMER LIABILITY FOR INCORRECT INFORMATION
9.1 Providing Accurate Information:
It is the customer’s responsibility to provide accurate and comprehensive information, including addresses, dimensions, weight, and contact details (such as names and phone numbers) for both collection and delivery points.
9.2 Liability for Incorrect Information:
Should incorrect or incomplete information be provided, you will be held liable for any resulting delays, additional costs, or losses that occur.
9.3 Exceeding Payload Limit:
If the actual weight of the consignment exceeds the legal payload limit of the vehicle ordered, we reserve the right to cancel the job and charge either the full amount or a minimum of 50% of the booking fee.
9.4 Non-Declaration of Hazardous or Dangerous Goods:
Failure to declare or providing misleading information about the nature of the goods, particularly hazardous or dangerous goods, could result in our refusal to transport the consignment. In such cases, the full booking amount will still be charged.
10. LATE PAYMENT AND INTEREST
10.1 Invoices are payable within 30 days of the invoice date. In the event of late payment, we reserve the right to charge interest at a rate of 8% per annum plus the Bank of England base rate, calculated on a daily basis from the due date until payment is made in full.
11. LIMITATION OF LIABILITY
11.1 Our liability for loss or damage to consignments is limited to £10,000.00, unless additional insurance has been arranged. We are not liable for any indirect or consequential losses, including but not limited to loss of business, revenue, or profits.
12. FEES AND CHARGES
12.1 Service Charges:
The standard charges for delivery services will be detailed in the invoice provided, which may include but are not limited to the following:
12.1.1 Loading/Unloading Fees: The first 15 minutes of loading or unloading are included in the standard service charge. Beyond this time, a charge of £50.00 per hour, prorated for shorter periods, will apply.
12.1.2 Kerb-to-Kerb Deliveries: For pallet and bulk deliveries, if loading/unloading services are required, these must be arranged in advance and will be charged separately.
12.2 Waiting Time Charges:
If the driver is delayed at the collection or delivery location beyond the allotted 15 minutes, a waiting time fee of £40.00 per hour, prorated for shorter delays, will be applied.
12.3 Parking and Access Fees:
If there are parking restrictions or access issues at the collection or delivery site, the customer is responsible for any parking fees, fines, or additional costs related to restricted access. These will be added to the invoice.
12.4 Demurrage Charges:
If a delivery is delayed due to the customer’s failure to provide access or equipment for loading/unloading, demurrage charges of £40.00 per hour will apply.
12.5 Late Amendment Fees:
If the customer requests changes to the consignment, delivery location, or delivery instructions after the driver has been dispatched, a late amendment fee will be applied. This fee will vary based on the nature of the changes and the additional time or mileage required.
12.6 Additional Expenses:
Any additional expenses incurred during the delivery, such as tolls, parking fees, congestion charges, eco taxes, or disposal charges, will be added to the customer’s invoice. The customer will be notified of these charges as they arise.
12.7 Cancellation Charges:
If the customer cancels the delivery after the driver has been dispatched, a cancellation fee of 50% of the booking fee will apply.
12.8 Incorrect Information Charges:
If the consignment’s actual dimensions or weight exceed the specifications provided by the customer, additional charges may be applied, and Distribusha Ltd reserves the right to cancel the job. In such cases, the customer will be charged either the full booking fee or a minimum of 50% of the fee.
12.9 Insurance for High-Value or Fragile Items:
If the consignment contains high-value items exceeding £10,000.00 or fragile goods requiring extra care, additional insurance must be arranged. The cost of this insurance will be charged to the customer unless they arrange their own coverage.
12.10 Payment Terms:
All fees and charges must be paid within 30 days of the invoice date. In the event of late payment, we reserve the right to charge interest at a rate of 8% per annum plus the Bank of England base rate, calculated on a daily basis from the due date until full payment is made.