UN- FORESEEN CIRCUMSTANCES should the customer be warned?

I have been scouring the websites of most of the members here and am yet to find one that provides a caveat for non-delivery i.e. a warning or proviso of specific stipulations, conditions, or limitations, such as weather or traffic situations as to why a delivery may not take place.

Would something like this be nomally placed in the terms and conditions?

OUR RIGHTS AND OBLIGATIONS

1. We may refuse to accept a consignment for delivery, or any part of it. We may also inspect a consignment if we believe that these terms may have been breached (for example, to check for dangerous goods).
2. We can use any method or route to deliver your consignment, including using subcontractors or agents. Your rights will not be affected where subcontractors are used by us. No subcontractor or agent shall be under any greater liability to you than we are, and we enter into this agreement with you on the basis that they are entitled to the limits of liability contained in these terms.
3. We will use our reasonable endeavours to deliver your consignment within the time you request, but unless we expressly agree in writing before accepting your consignment for delivery, we will not be liable for any loss or expenses you may suffer if the consignment is not delivered on time.
4. If we fail to deliver the consignment by the time you requested, and items given below in paragraph 21 did not cause that failure, we will reduce our charge to the actual service level provided. 13.We will take all reasonable steps to obtain a proof of delivery at the time of delivery, and that proof of delivery will be conclusive evidence that the consignment was delivered complete and in good order, unless the consignee marks otherwise at the time of delivery. We will not be liable for any loss or misdelivery where delivery has been made in good faith to a person claiming to be the consignee, or an employee, subcontractor or agent of the consignee.
5. If you require a hard copy proof of delivery after delivery has been made, then we will endeavour to provide this to you, providing your request is made within 14 days from the date of dispatch. Requests made later than this will be dealt with at our absolute discretion. Settlement of our charges will not be conditional upon you receiving proofs of delivery, and you cannot delay or withhold payment pending receipt of proofs of delivery, irrespective of when any request was made to us. 15.We will retain original hard copy proofs of delivery obtained by us and/or any other associated documentation relating to deliveries for a minimum period of six months from the date of collection. After that we may destroy these items without any reference or obligation to you.
6. We will make one attempt to deliver your consignment, but if we cannot do so, we will have the option to either make a second attempt, or deliver to an alternative address provided by you, or return the consignment to you. Either alternatives will be at your cost, but we will contact you first of these to agree the best option. If we still cannot deliver your consignment we will contact you for further instructions.
7. If the consignment still cannot be delivered, we will give you10 days notice that we intend to sell or dispose of the consignment. Any proceeds of sale (net of expenses) or costs of disposal will be applied to your account with us.
8. We may keep hold of your consignments until you have paid any amounts you owe us, even though these amounts may not relate to the items held. We may then sell the items held, but only after we have given you 14 days notice in writing. Any proceeds (net of expenses) will be applied to your account with us.
9. Where we are required to sign to acknowledge collection of your consignment then that signature will not be regarded as evidence of the condition of the goods. If we are kept waiting or loading longer than 15 minutes at either the collection address or delivery address, we may charge you an additional amount, this being our standard hourly rate (or part thereof)of the vehicle in question
10. We will not be liable for any consequential or economic loss or damage suffered by you or any third party. Our liability is strictly limited to the cost of replacement of, or repair to, the goods sent in the consignment, subject to limits and conditions given below.
11. We will not be liable for any loss or damage to the consignment, or any delay or misdelivery if the cause was any of the following:- a) War, terrorism, riot, strike, lockout or any similar action. b) Natural disasters (e.g. floods), poor or extreme weather conditions. c) The consignment being seized or detained by any public authority. d) Incorrect or insufficient address given on the consignment note or manifest. This includes any omission or ambiguity of information provided by you. e) Incorrect or insufficient packaging of the consignment. f) Natural wastage of a perishable or fragile consignment. g) Traffic congestion or delay. h) Any other event reasonable beyond our control.
12. If the loss or damage is our fault, then our liability to you is limited as follows:- a) Up to £10,000 per vehicle for same day delivery

Mr G... Information like that will be in T+C's.. Like Rob has rightly pointed out in T+C's.. Clients dont really want to read a book, or look for warnings, they just want to know whether you can do the Job and how quickly in reflection to the price.. by the way thanks for the txt, Im ok mate.

SMH TRANSPORT 

CONDITIONS OF CARRIAGE 1998 - Effective 1st July 2006

(hereinafter referred to as "the Carrier") is not a common carrier and accepts goods for carriage only upon that condition and the Conditions set out below. No servant or agent of the Carrier is permitted to alter or vary these Conditions in anyway unless expressly authorised in writing to do so by a Director, Principal, Partner or other authorised person. If any legislation is compulsorily applicable to the Contract and any part of these Conditions is incompatible with such legislation, such part shall, as regards the Contract, be overridden to that extent and no further. 1. Definitions In these Conditions: "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. "Contract" means the contract of carriage between the Customer and the Carrier. "Consignee" means the person or company to whom the Carrier contracts to deliver the Consignment. "Consignment" means goods, whether a single item or in bulk or contained in one parcel, package or container, as the case may be, or any number of separate items, parcels, packages or containers sent at one time in one load by or for the Customer from one address to one address. "Dangerous Goods" means goods named individually in the Approved Carriage List issued from time to time by the Health and Safety Commission, explosives, radioactive material, and any other goods presenting a similar hazard. 2. Parties and Sub-Contracting (1) The Customer warrants that he is either the owner of the Consignment or is authorised by such owner to accept these Conditions on such owner's behalf. (2) The Carrier and any other carrier employed by the Carrier may employ the services of any other carrier for the purpose of fulfilling the Contract in whole or in part and the name of every other such carrier shall be provided to the Customer upon request. (3) The Carrier contracts for itself and as agent of and trustee for its servants and agents and all other carriers referred to in (2) above and such other carriers' servants and agents and every reference in these Conditions to "the Carrier" shall be deemed to include every other such carrier, servant and agent with the intention that they shall have the benefit of the Contract and collectively and together with the Carrier be under no greater liability to the Customer or any other party than is the Carrier hereunder. (4) Notwithstanding Condition 2(3) the carriage of 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 Conditions of the rail, shipping, inland waterway or air carrier contracted to carry the Consignment. The Carrier shall be under no liability whatever to whomsoever and howsoever arising in respect of such carriage: Provided that where the Consignment is carried partly by road and partly by such other means of transport any loss, damage or delay shall be deemed to have occurred while the Consignment was being carried by road unless the contrary is proved by the Carrier. 3. Dangerous Goods Dangerous Goods must be disclosed by the Customer and if 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 declared. Transport Emergency Cards (Tremcards) or information in writing in the manner required by the relevant statutory provisions must be provided by the Customer in respect of each substance and must accompany the Consignment. 4. Loading and Unloading (1) Unless the Carrier has agreed in writing to the contrary with the Customer: (a) The Carrier shall not be under any obligation to provide any plant, power or labour, other than that carried by the vehicle, required for loading or unloading the Consignment. (b) The Customer warrants that any special appliances required for load¬ ing or unloading the Consignment which are not carried by the vehicle will be provided by the Customer or on the Customer's behalf. (c) The Carrier shall be under no liability whatever to the Customer for any damage whatever, however caused, if the Carrier is instructed to load or unload any Consignment requiring special appliances which, in breach of the warranty in (b) above, have not been provided by the Customer or on the Customer's behalf. (d) The Carrier shall not be required to provide service beyond the usual place of collection or delivery but if any such service is given by the Carrier it shall be at the sole risk of the Customer.

(2) The Customer shall indemnify the Carrier against all claims and demands whatever which could not have been made if such instructions as are referred to in (1)(c) of this Condition and such service as is referred to in (1)(d) of this Condition had not been given. 5. Signed Receipts The Carrier shall, if so required, sign a document prepared by the sender acknowledging the 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 and the burden of proving the condition of the Consignment on receipt by the Carrier and that the Consignment was of the nature, quantity or weight declared in the relevant document shall rest with the Customer. 6. Transit (1) Transit shall commence when the Carrier takes possession of the Consignment whether at the point of collection or at the Carrier's premises. (2) Transit shall (unless otherwise previously determined) end when the Consignment is tendered at the usual place of delivery at the Consignee's address within the customary cartage hours of the district: Provided that;

(a) if no safe and adequate access or no adequate unloading facilities there exist then transit shall be deemed to end at the expiry of one clear day after notice in writing (or by telephone if so previously agreed in writing) of the arrival of the Consignment at the Carrier's premises has been sent to the Consignee; and (b) when for any other reason whatever a Consignment cannot be delivered or when a Consignment is held by the Carrier 'to await order'or'to be kept till called for' or upon any like instructions and such instructions are not given or the Consignment is not called for and removed within a reasonable time, then transit shall be deemed to end. 7. Undelivered or Unclaimed Consignments Where the Carrier is unable for any reason to deliver a Consignment to the Consignee or as he may order, or where by virtue of the proviso to Condition 6(2) hereof transit is deemed to be at an end, the Carrier may sell the Consignment, and payment or tender of the proceeds after deduction of all proper charges and expenses in relation thereto and of ail outstanding charges in relation to the carriage and storage of the Consignment shall (without prejudice to any claim or right which the Customer may have against the Carrier otherwise arising under these Conditions) discharge the Carrier from all liability in respect of such Consignment, its carriage and storage: Provided that: (1) the Carrier shall do what is reasonable to obtain the value of the Consignment; and (2) the power of sale shall not be exercised where the name and address of the sender or of the Consignee is known unless the Carrier shall have done what is reasonable in the circumstances to give notice to the sender or, if the name and address of the sender is not known, to the Consignee that the Consignment will be sold unless within the time specified in such notice, being a reasonable time in the circumstances from the giving of such notice, the Consignment is taken away or instructions are given for its disposal. 8. Carrier's Charges (1) The Carrier's charges shall be payable by the Customer without prejudice to the Carrier's rights against the Consignee or any other person: Provided that when any Consignment is consigned 'carriage forward' the Customer shall not be required to pay such charges unless the Consignee fails to pay after a reasonable demand has been made by the Carrier for payment thereof. (2) Charges shall be payable when due without reduction or deferment on account of any claim, counterclaim or set-off. The Carrier shall be entitled to interest at 8 per cent above the Bank of England Base Rate prevailing at the date of the Carrier's invoice or account, calculated on a daily basis on ail amounts overdue to the Carrier.

out in U) of this Condition unless, before the trsnsit commences, the Customer has agreed in writing that the Carrier shall not be liable for any loss or mis-delivery of or damage to or in connection with the Consignment however or whenever caused and whether or not caused or contributed to directly or indirectly by any act, omission, neglect, default or other wrongdoing on the part of the Carrier, its servants, agents or sub-contractors. (2) Subject to these Conditions the Carrier shall be liable for. (a) physical loss, mis-delivery of or damage to living creatures, bullion, money, securities, stamps, precious metals or precious stones com¬ prising the Consignment only if: (1) the Carrier has specifically agreed in writing to carry any such items; and (if) the Customer has agreed in writing to reimburse the Carrier in respect of all additional costs which result from the carriage of the said items; and (ill) the loss, mis-delivery or damage is occasioned during transit and is proved to be due to the negligence of the Carrier, its servants, agents or sub-contractors; (b) physical loss, mis-delivery of or damage to any other goods comprising the Consignment unless the same has arisen from, and the Carrier has used reasonable care to minimise the effects of: (i) Act of God; (II) any consequences of war, invasion, act of foreign enemy, hostilities (whether war or not), civil war, rebellion, insurrection, terrorist act, military or usurped power or confiscation, requisition, or destruction or damage by or under the order of any government or public or local authority; (iii) seizure or forfeiture under legal process; (iv) error, act, omission, mis-statement or misrepresentation by the Customer or other owner of the Consignment or by servants or agents of either of them; (v) inherent liability to wastage in bulk or weight, faulty design, latent defect or inherent defect, vice or natural deterioration of the Consignment; (vi) insufficient or improper packing; (vii) insufficient or improper labelling or addressing; (viii) riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labour from whatever cause; (ix) Consignee not taking or accepting delivery within a reasonable time after the Consignment has been tendered. (3) The Carrier shall not in any circumstances be liable for loss or damage arising after transit is deemed to have ended within the meaning of Condition 6(2) hereof, whether or not caused or contributed to directly or indirectly by any act, omission, neglect, default or other wrongdoing on the part of the Carrier, its servants, agents or sub-contractors. 10. Fraud The Carrier shall not in any circumstances be liable in respect of a Consignment where there has been fraud on the part of the Customer or the owner, or the servants or agents of either, in respect of that Consignment, unless the fraud has been contributed to by the complicity of the Carrier or of any servant of the Carrier acting in the course of his employment. 11. Limitation of Liability (1) Except as otherwise provided in these Conditions, the liability of the Carrier in respect of claims for physical loss, mis-delivery of or damage to goods comprising the Consignment, howsoever arising, shall in all circumstances be limited to the lesser of (a) the value of the goods actually lost, mis-delivered or damaged; or (b) the cost of repairing any damage or of reconditioning the goods; or (c) a sum calculated at the rate of £1,300 Sterling per tonne on the gross weight of the goods actually lost, mis-delivered or damaged; and the value of the goods actually lost, mis-delivered or damaged shall be taken to be their invoice value if they have been sold and shall otherwise be taken to be the replacement cost thereof to the owner at the commencement of transit, and in all cases shall be taken to include any Customs and Excise duties or taxes payable in respect of those goods: Provided that: (i) in the case of loss, mis-delivery of or damage to a part of the Consignment the weight to be taken into consideration in determining the amount to which the Carrier's liability is limited shall be only the gross weight of that part regardless of whether the loss, mis-delivery or damage affects the value of other parts of the Consignment; (ii) nothing in this Condition shall limit the liability of the Carrier to less than the sum of £10; (iii) the Carrier shall be entitled to proof of the weight and value of the whole of the Consignment and of any part thereof lost, mis-delivered or damaged; (iv) the Customer shall be entitled to give to the Carrier written notice to be delivered at least 7 days prior to commencement of transit requiring that the £1,300 per tonne limit in 11 (1)(c) above be increased, but not so as to exceed the value of the Consignment, and in the event of such notice being given the Customer shall be required to agree with the Carrier an increase in the carriage charges in consideration of the increased limit, but if no such agreement can be reached the aforementioned £1,300 per tonne limit shall continue to apply.

(2) ".">,e liability of the Carrier in respect of claims for EHV ether los: vvhctsoever (Including indirect or consequential loss or damage and loss of market), and howsoever arising in connection with the Consignment, shall not exceed the amount of the carriage charges in respect of the Consignment or the amount of the claimant's proved loss, whichever is the lesser, unless; (5) at the time of entering into the Contract with the Carrier the Customer declares to the Carrier a special interest in delivery in the event of physical loss mis-delivery or damage or of an agreed time limit being exceeded and agrees to pay a surcharge calculated on the amount of that interest, and (b) at least 7 days prior to the commencement of transit the Customer has delivered to the Carrier written confirmation of the special interest, agreed time limit and amount of the interest. 12. indemnity to the Carrier The Customer shall indemnify the Carrier against: (1) ail liabilities and costs incurred by the Carrier (including but not limited to claims, demands, proceedings, fines, penalties, damages, expenses and loss of or damage to the carrying vehicle and to other goods carried) by reason of any error, omission, mis-statement or misrepresentation by the Customer or other owner of the Consignment or by any servant or agent of either of them, insufficient or improper packing, labelling or addressing of the Consignment or fraud as in Condition 10; (2) all claims and demands whatsoever (including for the avoidance of doubt claims alleging negligence), by whomsoever made and howsoever arising (including but not limited to claims caused by or arising out of the carriage of Dangerous Goods and claims made upon the Carrier by HM Customs and Excise in respect of dutiable goods consigned in bond) in excess of the liability of the Carrier under these Conditions in respect of any loss or damage whatsoever to, or in connection with, the Consignment whether or not caused or contributed to directly or indirectly by any act, omission, neglect, default or other wrongdoing on the part of the Carrier, its servants, agents or sub-contractors. 13. Time Limits for Claims (1) The Carrier shall not be liable for: (a) damage to the whole or any part of the Consignment, or physical loss, mis-delivery or non-delivery of part of the Consignment unless advised thereof in writing within seven days, and the claim is made in writing within fourteen days, after the termination of transit; (b) any other loss unless advised thereof in writing within twenty-eight days, and the claim is made in writing within forty-two days, after the commencement of transit. Provided that if the Customer proves that, (i) it was not reasonably possible for the Customer to advise the Carrier or make a claim in writing within the time limit applicable, and (ii) such advice or claim was given or made within a reasonable time, the Carrier shall not have the benefit of the exclusion of liability afforded by this Condition. (2) The Carrier shall in any event be discharged from all liability whatsoever and howsoever arising in respect of the Consignment unless suit is brought within one year of the date when transit commenced. (3) In the computation of time where any period provided by these Conditions is seven days or less, Saturdays, Sundays and all statutory public holidays shall be excluded. 14. Lien (1) The Carrier shall have a general lien against the Customer, where the Customer is the owner of the Consignment, for any monies whatever due from the Customer to the Carrier. If such a lien is not satisfied within a reasonable time, the Carrier may, at its absolute discretion sell the Consignment, or part thereof, as agent for the Customer and apply the proceeds towards the monies due and the expenses of the retention, insurance and sale of the Consignment and shall, upon accounting to the Customer for any balance remaining, be discharged from all liability whatever in respect of the Consignment, (2) Where the Customer is not the owner of the Consignment, the Carrier shall have a particular lien against the said owner, allowing the Carrier to retain possession, but not to dispose of, the Consignment against monies due from the Customer in respect of the Consignment. 15. Unreasonable Detention The Customer shall be liable to pay demurrage for unreasonable detention of any vehicle, trailer, container or other equipment but the rights of the Carrier against any other person in respect thereof shall remain unaffected. 16. Law and Jurisdiction The Contract shall be governed by English law and United Kingdom courts alone shall have jurisdiction in any dispute between the Carrier and the Customer. THESE CONDITIONS MAY ONLY BE USED BY SMH TRANSPORT

INRAT

Kehoe Light Haulage said:

---

INRAT

You should. Looks like they might be inoperable in certain circumstances due to lack of proof reading.

Its like the my van is bigger than yours, its my terms and conditions are bigger and better than yours, yes I have terms and conditions, but trying to be sensible and having a good working relationship with people kicks them into touch at the end of the day you want to keep your customers, if there is a problem, are you really going to delve into all that legislation and shite.

AJM sameday Couriers said:

---

Its like the my van is bigger than yours, its my terms and conditions are bigger and better than yours, yes I have terms and conditions, but trying to be sensible and having a good working relationship with people kicks them into touch at the end of the day you want to keep your customers, if there is a problem, are you really going to delve into all that legislation and shite.

Hear, hear.

Whether you have em or not, and whether your customer has ever read them is irrelevant. Doubtful anyone will ever have the need to impliment them, particularly if, like us, all you do is dedicated sameday. But rather like GIT cover, it's silly not to have something in writing... Just for that once in a blue moon maybe moment.

Speed Couriers Nationwide Ltd said:

---

Whether you have em or not, and whether your customer has ever read them is irrelevant. Doubtful anyone will ever have the need to impliment them, particularly if, like us, all you do is dedicated sameday. But rather like GIT cover, it's silly not to have something in writing... Just for that once in a blue moon maybe moment.

Yes that's fine, but 23 pages of crap only a solicitor could understand is pointless, keep things short and sweet and have a good relationship with them, if anything was to happen would you through all you terms and conditions at them and lose a good customer, or would you sort things out sensibly.

Next monday we have a haulier audit, and for this we need everything in place ie t&c as above drivers hand books, h&s, risk assessments, safe loading, safe lifting, rospa the job lot

Innit your terms my conditions.

SMH said:

---

SMH TRANSPORT 

CONDITIONS OF CARRIAGE 1998 - Effective 1st July 2006

vvhctsoever

THESE CONDITIONS MAY ONLY BE USED BY SMH TRANSPORT

Is this a coded new foriegn word solely used in T+C's