Western Logistics Terms and Conditions
Western Logistics Limited Standard Terms and Conditions are detailed below:-
1. All and any business undertaken by Western Logistics Limited and or any of its trading divisions (hereinafter called “the Company”) is transacted subject to the conditions hereinafter set out each of which shall be deemed to be incorporated in and to be a condition of any agreement between the Company and its Customers. The Company only deals with goods subject to these conditions. No agent or employee of the Company has the Company’s authority to alter or vary these conditions.
2. Customers entering into transactions of any kind with the Company expressly warrant that they are either the owners or the authorised agents of the owners of any goods to which the transaction relates and further warrant that they are authorised to accept and are accepting these conditions not only for themselves but also as agents for and on behalf of all other persons who are or may thereafter become interested in the goods.
3. Any instructions given to the Company may in the absolute discretion of the Company be complied with by the Company itself by its own servants performing part or all of the relevant services or by the Company employing or instructing or entrusting the goods to others on such conditions as such others may stipulate to perform part or all of the services.
4. Subject to express instructions in writing given by the Customer, the Company reserves to itself absolute discretion as to the means, route and procedure to be followed in the handling, storage and transportation of goods. Further, if in the opinion of the Company it is at any stage necessary or desirable in the Customer’s interest to depart from those instructions, the Company shall be at liberty to do so.
5. Pending forwarding or delivery, goods may be warehoused or otherwise held at any place at the sole discretion of the Company and the cost thereof shall be for the account of the Customer.
6. Except where the Company is instructed in writing to pack the goods the Customer warrants that all goods have been properly and sufficiently packed and/or prepared.
7. The Company is entitled to retain and be paid all brokerage commissions allowances and other remuneration customarily retained by or paid to shipping and forwarding agents (or freight forwarders and Insurance Brokers). Furthermore should preferential rates be negotiated by the Company with any carrier or other person in relation to the shipping and forwarding business of any Customer then and in those circumstances the Company may in its sole discretion decide in every case whether or not to pass on the benefit of such rates to such Customer.
8. Quotations are given by the Company in all cases and may be given in writing, orally, by facsimile or any other method of communication. Quotations are given on the basis on immediate acceptance and subject to the right of withdrawal or revision of any charges applicable to the goods. Quotations and charges will be subject to revision accordingly with or without notice. In the exceptional event of a quotation not being given by the Company in relation to any particular business, the Company shall be entitled to charge fees for work done at a rate determined by reference to the current level of charges levied by the Company for similar work.
9. The Customer shall be deemed to be bound by and to warrant the accuracy of all descriptions, values and other particulars furnished to the Company for Customs, Consular and other purposes and he undertakes to indemnify the Company against all losses, damages, if such inaccuracy or omission is not due to any negligence.
10. Advice and information, in whatever form it may be given, is provided by the Company for the Customer only and the Customer shall indemnify the Company against any liability, claim, loss, damage, costs or expenses arising out of any other persons relying upon such advice or information. Except under special arrangements previously made in writing, advice and information which is not related to specific instructions accepted by the Company is provided gratuitously and without liability.
11. The Customer shall be liable for any duties, taxes, imposts, levies, deposits or outlays of any kind levied by the authorities at any port or place for or in connection with the goods and for any payments, fines, expenses, loss or damage incurred or sustained by the Company in connection therewith.
12. When goods are accepted or dealt with upon instructions to collect freight, duties, charges or other expenses from the consignee or any other person the Customer shall remain responsible for the same as if they are not paid by such consignee or other person.
13. The Customer undertakes that no claim shall be made against any Director, Servant, or Employee of the Company which imposes or attempts to impose upon them any liability in connection with any services which are the subject of these Conditions and if any such claim should nevertheless be made, to indemnify the Company against all consequences thereof.
14. No insurance will be effected except upon express instructions given in writing by the Customer and all insurances effected by the Company are subject to the usual exceptions and conditions of the policies of the insurance company or underwriters taking the risk. The Company shall not be under any obligation to effect a separate insurance on each consignment but may declare it on any open or general policy. Should the insurers dispute their liability for any reason the insured shall have recourse against the insurers only and the Company shall not be under any responsibility or liability in relation thereto notwithstanding that the premium upon the policy may not at the same rate as that charged by the Company or paid to the Company by its Customers.
(i) The Company shall only be responsible for the goods whilst they are in the actual custody and under its actual control and the Company shall not be liable for loss of or damage to goods or failure to deliver the goods unless it is proved that such loss or damage or failure to deliver the goods occurred whilst the goods were in the actual custody of the Company and under its actual control and that such loss or damage or failure to deliver the goods was due to the wilful neglect or default of the Company or its own servants.
(ii) The Company shall only be liable for any non-compliance or miscompliance with the instructions given to it if it is proved that the same was caused by the wilful neglect or default of the Company or its own servants.
(iii) Save as aforesaid the Company shall be under no liability in connection with the goods or instructions given to it.
(iv) Further and without prejudice to the generality of the preceding subcondition, the Company shall not in any event be under any liability for any delay or consequential loss or loss of market, however caused nor for any loss, damage or expense arising from or in any way connected with the marks, weights, numbers, brands, contents, quality or description of any goods however caused.
16. In no case shall any liability of the Company howsoever arising and notwithstanding that the circumstances or cause of loss or damage may be unexplained exceed the value of the goods or a sum at the rate of £200 per tonne of 1000kgs only on the gross weight of the goods, whichever shall be the lesser.
17. In any event the Company shall be discharged from all liabilities:-
(a) for loss from a package or an unpacked consignment or for damage, deviation or misdelivery (however caused), unless notice be received in writing within seven days after the end of the transit where the transit ends in the British Isles or within fourteen days after the end of the transit where the transit ends at any place outside the British Isles.
(b) for loss or non-delivery of the whole of a consignment or any separate package forming part of the consignment (however caused), unless notice be received in writing within twenty eight days of the date when the goods should have been delivered.
(c) where liability for General Average arises in connection with the goods, the Customer shall promptly provide security to the Company or to any other party designated by the Company in a form acceptable to the Company.
(a) The Company shall not be obliged to make any declaration for the purpose of any statute or contract as to the nature or value of any goods or as to any special interest in delivery, unless required by law or expressly instructed by the Customer in writing.
(b) Where there is a choice of rates according to the extent or degree of the liability assumed by carriers, warehousemen or others, goods will be forwarded, dealt with etc., at Customer’s risk or other minimum charges, and no declaration of value (where optional) will be made, unless, express instructions in writing to the contrary have previously been given by the Customer.
19. Instructions to collect payment on delivery (C.O.D.) in cash or otherwise are accepted by the Company upon the condition that the Company in the matter of such collection will be liable for the exercise of reasonable diligence and care only.
20. Perishable goods which are not taken up immediately upon arrival or which are insufficiently addressed or marked or otherwise not readily identifiable, may be sold or otherwise disposed of without any notice to the Customer and payment or tender of the net proceeds of any sale after deduction of charges shall be equivalent to delivery. All charges and expenses arising in connection with the sale or disposal of the goods shall be paid by the Customer.
21. The Company shall be entitled to sell or dispose of all non-perishable goods which in the opinion of the Company cannot be delivered either because they are insufficiently or incorrectly addressed or because they are not collected or accepted by the Consignee or for any other reason, upon giving twenty one days notice in writing to the Customer. All charges and expenses arising in connection with the storage and sale or disposal of the goods shall be paid by the Customer.
22. Except under special arrangements previously made in writing the Company will not accept or deal with any noxious, dangerous, hazardous or inflammable or explosive goods or any goods likely to cause damage. Should any Customer nevertheless deliver any such goods to the Company or cause the Company to handle or deal with any such goods otherise than under special arrangements previously made in writing, he shall be liable for all loss or damage caused by or to or in connection with the goods however arising and shall indemnify the Company against all penalties, claims, damages, costs and expenses arising in connection therewith and the goods may be destroyed or otherwise dealt with at the sole discretion of the Company or any other person in whose custody they may be at the relevant time. If such goods are accepted under arrangements previously made in writing they may nevertheless be so destroyed or otherwise dealt with if they become dangerous to other goods or property. The expression “goods likely to cause damage” includes goods likely to harbour or encourage vermin or other pests.
23. Except under special arrangements previously made in writing the Company will not accept or deal with bullion, coins, precious stones, jewellery, valuables, antiques, pictures, livestock or plants. Should any Customer nevertheless deliver any such goods to the Company or cause the Company to handle or deal with any such goods otherwise than under special arrangements previously made in writing the Company shall be under no liability whatsoever for or in connection with the goods however caused.
24. Without prejudice to Condition 2 the Company shall have the right to enforce any liability of the Customer under these Conditions or to recover any sums to be paid by the Customer under these Conditions not only against or from the Customer but also if it thinks fit against or from the Sender and/or Consignee and/or Owner of the goods.
25. All goods (and documents relating to goods) shall be subject to a particular and general line and right of detention for monies due either in respect of such goods or for any particular or general balance or other monies due from the Customer or the Sender, Consignee or Owner to the Company. If any monies due to the Company are not paid within one calendar month after notice has been given to the person from whom the monies are due that such goods are being detained, they may be sold by auction or otherwise at the sole discretion of the Company and at the expense of such person, and the proceeds applied in or towards satisfaction of such indebtedness.
26. In addition to and without prejudice in the foregoing Conditions the Customer undertakes that he shall in any event indemnify the Company against all liabilities suffered or incurred by the Company arising directly or indirectly from or in connection with the Customer’s instructions or their implementation of the goods, and in particular the Customer shall indemnify the Company in respect of any liability it may be under to any servant, agent or sub-contractor, or any haulier, carrier, warehouseman, or other person whatsoever at any time involved with the goods arising out of any claim made directly or indirectly against any such party by the Customer or by any Sender, Consignee or Owner of the goods or by any person interested in the goods or by any other person whatsoever.
All agreements between the Company and its Customers shall be governed by English law and be within the exclusive jurisdiction of the English Courts.
OUR TERMS & CONDITIONS
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