Terms of Contract
1. In these conditions.

(a) Company means CARR ROAD DISTRIBUTION LTD.
(b) “Goods” means any documentation or items (including containers and packaging) consigned by a customer from one address to another.
(c) “Customer means any individual, firm, company or other body, who consigns goods as aforesaid.

2 The company is not a common carrier and accepts goods on these conditions only. No servant or agent of the company has authority to alter vary or waive any provision of this contract in any respect.

3 The company accepts goods for conveyance on the basis that (a) to (g) of the conditions are all fulfilled and the customer warrants that they are fulfilled.

(a) that the customer is either the owner of or acting as fully authorised agent for the owner of the goods and that if any other person has an interest in the goods the Customer is acting as his fully authorised agent.
(b) that the goods do not comprise or include a letter or letters which the Post Office has an exclusive right to convey.
(c) that the goods do not comprise or include weapons, ammunition or explosives and are not flammable, dangerous or damaging in any respect.
(d) that the goods do not comprise or include drugs, documents or other things which it is illegal to have in possession in England or elsewhere.
(e) that the goods do not comprise or include documents or other things which it is illegal to take out of England or take into the country to which they are consigned.
(f) that the goods are not subject to Customs’ duty and/or other import duties or taxes.
(g) that the goods are not fragile.

4 The Customer shall pay the Company for each consignment of goods in accordance with the Company’s current tariff of charges, copies of which are available on request at the Company’s place of business. Payments shall be made promptly and in full. No deductions shall be made on account of any alleged claim or claims against the Company for compensation or otherwise.

5 The Company is entitled to convey goods;

(a) by its own servants and/or by any Airline, delivery company and/or other independent contractor/sub-contractor.
(b) by any means of conveyance;
(c) by any route whatsoever.

6 If for any reason beyond the company’s control it is unable to convey goods to the address to which they are consigned or to effect delivery at the said address:

(i) the company shall endeavour to communicate with the Customer/Consignee and request a new address to which the goods can be delivered in the country in which they are lying;
(ii) if the company is unable to communicate with the Customer/Consignee within a reasonable time or if it is not provided with a new address for delivery the Company shall be at liberty to deal with the goods in accordance with Conditions 10 and 11 hereinafter set out or to arrange disposal. The Company shall pass on any additional costs incurred at destination, including but not limited to, duties, taxes, storage, cost of returning goods or disposal.

7 The Company shall be liable to pay compensation for loss, damage, misdelivery or delay occurring in respect of goods caused solely by its own negligence or the negligence of its own servants, subject to the following:

(a) compensation shall not exceed the value of the goods or 3 times the tariff charge for conveying them, whichever is the less, with a maximum of £100 (one hundred pounds) per consignment.
(b) compensation shall not be payable in respect of indirect or consequential loss.
(c) the said loss, damage, misdelivery or delay shall have been reported to the Company within three days of it becoming known to the Customer,
(d) any claim for compensation shall have been initiated within seven days of the said loss, damage, misdelivery or delay having been reported to the Company.

8 Except as set out in condition 7, the Company shall not be under any liability whatsoever in respect of goods.

9 In the event of any loss, damage, misdelivery or delay occurring in respect of goods by reason of any act or default of an independent contractor employed by the Company and/or while goods are in the possession of such an independent contractor the Company shall at the request of the Customer assign to the Customer any right of action which the Company may have against the independent contractor.

10 The Customer shall indemnify the Company against,

(a) any expenses incurred as a result of its inability for any reason beyond its control to convey or deliver goods to the address to which they were consigned or at all,
(b) any claims, costs and demands by third parties relating to the goods.
(c) any unusual expenses as the result of the Company conveying the goods.

11 The Company shall have a lien for any amount due under the Contract and cost of recovering the same. If any lien is not satisfied within a reasonable time the Company may sell the goods either privately or by auction and apply the proceeds in or towards discharge of the lien and the expenses of sale.

12 This Contract shall be governed by English Law and any dispute arising under it shall be within the exclusive jurisdiction of English Courts.

Registered No: 02655760
Registered Place: England Registered
Address:22 Trelawny House Dock Road Felixstowe Suffolk IP11 3GA