Conditions of Carriage
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Conditions of Carriage
• Definitions & Interpretation
• Carriage and Storage Services
• Technical Services
• Charges and Payment
• Goods Consigned in Bond
• Force Majeure
• Contracts Rights of Third Parties
1 Definitions & Interpretation
1.1 In these Conditions the following terms shall have the following meanings: “Business Day” means any day on which the clearing banks are open for the transaction of normal business in the City of London (other than Saturday or Sunday); “Carrier Services” means the services for delivery of the Goods to a Consignee; “Carrier” means DTS Logisitcs Limited (company number 01876354) whose registered office is at Armytage Road, Brighouse, West Yorkshire, HD6 1UJ and its subsidiaries where “subsidiary” has the meaning given by section 736, of the Companies Act 1985; “Conditions” means these terms and conditions of Service; “Consignee” means the recipient of Goods delivered by the Carrier; “Consignment” means all the Goods sent by the Trader to one Consignee as one delivery to the same address; “Contract” means the contract for services between the Carrier and the Trader, as specified in the relevant Delivery Note and incorporating these Conditions; “Dangerous Goods” means all Goods defined as dangerous by the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) and any Goods which, in the opinion of the Carrier, are of the same or similar nature or present a similar hazard; “Delivery Note” means the delivery note signed by the Trader containing details of the Consignment and delivery requirements and details of any order for Technical Services and Storage Services (where relevant); “Goods” means the goods in respect of which the Services are supplied by the Carrier; “Services” means the Carriage Services, the Technical Services and the Storage Services together with any other service carried out by the Carrier on the instructions of the Trader in connection with the Contract; “Storage Services” means the service for storage of Goods at the Carrier’s premises; “Sub-Contractor” means any third party engaged by the Carrier in connection with the provision of the Services; “Technical Services” means the quality checking and garment pressing services offered by the Carrier; “Trader” means the customer to which the Carrier supplies the Services as named in the Delivery Note; “Transit” means the period during which the Carrier is in possession of the Goods as more particularly detailed in Condition 3.4.
2.1 In these Conditions:
2.1.1 any of the foregoing definitions applies, as the context may require, to the singular or the plural form of the term used;
2.1.2 any reference in these Conditions to “writing” or cognate expressions includes a reference to email, facsimile transmission or comparable means of communication;
2.1.3 Condition headings are inserted for ease of reference only and shall not affect construction;
2.1.4 words importing one gender shall be treated as importing any gender, words importing individuals shall be treated as importing bodies corporate, corporations, unincorporated associations and partnerships and vice-versa, words importing the singular shall be treated as importing the plural and vice-versa, and words importing whole shall be treated as including a reference to any part thereof.
2.2 The Carrier is not a common carrier and will accept Goods for carriage and/or storage only on these Conditions.
2.3 By signing the Delivery Note or accepting provision of the Services the Trader is deemed to have accepted these Conditions. No variation to these Conditions or the Delivery Note shall be binding unless in writing and signed on behalf of the Carrier.
2.4 The Trader confirms and warrants that all the information supplied by the Trader in the Delivery Note is complete and accurate.
2.5 Unless otherwise agreed in writing by the Carrier these Conditions shall apply to all Services to be performed by the Carrier for the Trader to the exclusion of all other terms which the Trader may otherwise purport to apply under any letter, purchase order, confirmation of order or similar document. In the event of any conflict between these Conditions and the Delivery Note, the provisions of the Delivery Note shall prevail.
2.6 If the Trader is not the owner of the Goods, he shall be deemed for the purposes of the Contract to be the properly authorised agent of the owner of the Goods and able to accept these Conditions on behalf of the owner of the Goods. The Trader warrants that he has full authority to enter into the Contract on behalf of the owner of the Goods.
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3 Carriage and Storage Services
3.1 The Carrier reserves the right to refuse to accept any Goods which it believes to be Dangerous Goods. The Trader shall ensure that all Dangerous Goods are accompanied by a full declaration of their nature and contents and properly packaged in accordance with any statutory requirement for carriage by road. The Trader hereby indemnifies and shall keep indemnified the Carrier from and against any and all actions, costs, claims, damages and expenses suffered by the Carrier as a result of provision of the Services in relation to Dangerous Goods (whether declared by the Trader as such or not).
3.2 The Carrier reserves the right to refuse to accept any Goods which it considers to be incorrectly or inadequately packaged or in anyway unsuitable for storage or Transit.
3.3 The Carrier will collect the Goods from the Trader’s premises or other locations as specified in the Delivery Note at the times specified in the Delivery Note or otherwise agreed in writing.
3.4 Transit will be deemed to commence when the Goods are loaded onto the Carrier’s vehicles and to be completed when the Goods are unloaded at the place of delivery, provided that if no safe or adequate unloading facilities exist at the place of delivery or if the Consignee refuses to accept delivery of the Goods, transit shall be deemed to end one Business Day from receipt of notice in writing to the Trader that the Goods have been delivered to the Consignee.
3.5 Unless otherwise specified in the Delivery Note, the Carrier shall have no responsibility to provide personnel other than the vehicle driver to load or unload the Goods.
3.6 The Trader shall, at its expense, provide any equipment or apparatus necessary for the loading or unloading of the Goods other than equipment carried on the delivery vehicle. The Carrier shall have no liability in respect of any loss of or damage to Goods resulting from the Trader’s failure to provide such equipment or apparatus. The Trader shall indemnify the Carrier from and against any and all loss, damage, cost, claim or expense resulting from the Trader’s failure to supply equipment or apparatus in accordance with this Condition 3.6 or from any such apparatus being faulty, defective or inadequate.
3.7 If the Carrier is instructed by the Trader to undertake any activities otherwise that at the usual or designated place of collection or delivery the Carrier shall have no liability to the Trader in respect of such activities. The Trader shall indemnify the Carrier from and against any and all loss, damage, cost, claim or expense resulting from the Carrier performing any activity pursuant to this Condition 3.7.
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4.1 The Carrier shall carry out such quality checks on the Goods as the Trader may require provided that the Trader supplies to the Carrier such information and such quantity of Goods as the Carrier may require in order to provide such service.
4.2 The Carrier will the check Goods for conformity to the relevant British Standard or such other standard as the Trader may specify in writing.
4.3 The Carrier shall have no liability in respect of any faults or defects in the Goods which the Carrier was not instructed to identify, which would not be reasonably apparent on examination or which were present in the sealed sample.
4.4 The Carrier shall have no liability to the Trader if the standards set by the Trader fall below those accepted by the Consignee or any third party recipient of the Goods.
4.5 The Carrier shall report the result of checks in such form and manner as the Trader shall reasonably require.
4.6 The Trader warrants that any Goods for which it requests garment pressing services to be carried out by the Carrier are in a good condition and suitable in all respects for steam tunnel pressing, hand pressing, bagging, stain removal and other relevant processes. The Carrier shall have no liability for damage to any Goods which are not in accordance with this warranty.
4.7 The Carrier reserves the right to refuse to accept for pressing any Goods which it considers are soiled or damaged in any way.
4.8 If the Carrier delays in collecting, accepting for re-delivery or issuing instructions for delivery of Goods in respect of which the Carrier has supplied Technical Services, the Carrier shall be entitled to charge for storage of such Goods at its then current standard rates from the date of completion of the Technical Services until the date of collection or delivery of the Goods.
4.9 Time shall not be of the essence in relation to the Technical Services and the Carrier shall have no liability in respect of delay in the provision of the Technical Services.
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5 Charges and Payment
5.1 Charges in respect of the Services shall be at the Carrier’s current standard rates or such other rate as stated in the Delivery Note or otherwise agreed in writing by the Carrier. Any discrepancy in any Delivery Note shall not entitle the Trader to withhold payment to the Carrier at the agreed rate or, if no rate is agreed, the then current standard rate of the Carrier.
5.2 If delivery to the Consignee at the location specified in the Delivery Note is not possible through no fault of the Carrier, the Trader shall be liable to pay:
5.2.1 delivery charges to the Carrier’s premises or any alternative location as instructed by the Trader; and
5.2.2 storage charges in accordance with the Carrier’s storage rates from time to time in force.
5.3 Charges are payable within 7 days of the date of the Carrier’s invoice in relation to the same. Invoices will be rendered weekly or as otherwise agreed with the Trader.
5.4 In the event that any payment is not received by the Carrier by its due date, interest shall accrue on a daily basis on the amount of such payment from its due date until receipt by the Carrier at the relevant statutory rate.
5.5 The Trader shall not withhold payment in whole or in part on the grounds that it has a claim, counterclaim or set-off against the Carrier.
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6.1 Subject to the provisions of this clause 6, the Carrier’s total liability in contract, tort (including negligence) or otherwise:
6.1.1 for Goods lost, damaged or stolen shall be limited to an amount equal to £10,000 (ten thousand pounds) per tonne of the Goods lost, damaged or stolen. If part of a Consignment or batch of Goods is lost, damaged or stolen the Carrier shall be liable in respect of the lost, damaged or stolen items only and not the entire Consignment or batch;
6.1.2 in respect of the Technical Services shall be limited to an amount equal to the Carrier’s charges paid by the Trader for the Technical Services in relation to the Goods the subject of the claim.
6.2 The Carrier shall endeavour to deliver the Goods by the time stated in the Delivery Note or otherwise agreed, but the Carrier shall have no liability in contract, tort (including negligence) or otherwise in respect of delay in delivery.
6.3 The Carrier shall have no liability for stolen Goods except:
6.3.1 in the case of Goods stolen during Transit, to the extent that the Carrier was negligent in securing the Goods whilst in Transit; and
6.3.2 in the case of Goods stolen whilst at the Carrier’s premises, to the extent that the Goods were stolen following a forcible or violent entry to or exit from the Carrier’s premises.
6.4 The Carrier shall not in any event be liable to the Trader in contract, tort (including negligence) or otherwise for:
6.4.1 any loss of revenue, business contracts, anticipated savings, markets or profits or for any indirect or consequential loss or damage whatsoever, arising from or in connection with the provision of the Services whether or not resulting from the negligence of the Carrier and whether such loss or damage was reasonably foreseeable or actually foreseen;
6.4.2 any Consignment or part thereof which is not adequately checked by the Trader prior to Transit; or
6.4.3 any Consignment or part thereof which is accepted as complete and undamaged by the Consignee on delivery; or
6.4.4 any shortage or error in delivery of Goods contained in unopened packages which are undamaged and undisturbed at delivery; or
6.4.5 any Service which is not specified in the Delivery Note or otherwise agreed in writing, including, without limitation, any services provided other than at the Carrier’s premises or the place of collection or delivery specified in the Delivery Note.
6.5 The Carrier shall not in any event be liable to the Trader in contract, tort (including negligence) or otherwise in respect of any loss or damage arising from:
6.5.1 any latent or inherent defect, vice or natural deterioration of the Goods; or
6.5.2 fading or normal wear and tear of the Goods; or
6.5.3 insufficient or improper covering, packaging, labelling or addressing of the Goods or any Consignment; or
6.5.4 any breach by the Trader of the warranty given in Condition 4.6; or
6.5.5 any error, act, omission or misrepresentation by the Trader, the owner of the Goods or any servant or agent of them; or
6.5.6 any failure of the Consignee to take delivery of the Goods.
6.6 All descriptions, representations, specifications and other particulars furnished or made orally by the Carrier or in catalogues, trade literature, price lists or other documents issued by the Carrier relating to the Services are given for general information purposes only and the Trader acknowledges that it has not relied upon any such description, representation, specification or other particulars or document.
6.7 The Carrier shall have no liability in contract, tort (including negligence) or otherwise:
6.7.1 in respect of any loss or damage to the extent that the Trader can claim for such loss or damage under the terms of any insurance policy; or
6.7.2 in respect of any excess payable by the Trader under the terms of any such insurance policy.
6.8 The Carrier shall have no liability in contract, tort (including negligence) or otherwise in respect of any claim for lost, damaged, delayed or mis-delivered Goods which is not notified in writing to the Carrier within 14 days of:
6.8.1 in respect of any excess payable by the Trader under the terms of any such insurance policy.
6.8.2 in respect of, the Storage or Technical Services, the date on which the Goods are, or should have been, collected from the Carrier’s premises or such other place of collection as shall have been agreed between the parties.
6.9 The Trader shall indemnify and shall keep indemnified the Carrier from and against any and all loss, damage, actions, costs, claims and expenses suffered by the Carrier as a result of the provision of the Services save to the extent that the same result from the negligence or breach of contract of the Carrier.
6.10 The Carrier shall have no liability to the Trader in contract, tort (including negligence) or otherwise in respect of any claim by the Trader arising out of the provision of the Services in respect of which the Trader does not issue and serve proceedings against the Carrier within twelve months of the date the Trader became aware, or should have become aware, of the event giving rise to such claim.
6.11 Except as specifically set out in these Conditions, the Carrier shall have no liability whatsoever to the Trader in contract, tort (including negligence) arising out of the provision of the Services.
6.12 Nothing in the Conditions shall exclude or restrict the Carrier’s liability for:
6.12.1 death or personal injury resulting from its negligence; or
6.12.2 fraudulent misrepresentation.
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7.1 The Carrier has a general and particular lien over the Goods for all sums owing by the Trader to the Carrier until such have been received in full by the Carrier. In case any lien is not satisfied within a reasonable time from the date upon which the Carrier first gives notice of the exercise of its lien to the Trader, the Goods may be sold and the proceeds of sale applied in or towards the satisfaction of every such lien and all proper charges and expenses in relation thereto. The Carrier will account to the Trader for any surplus.
7.2 During the currency of the lien, the Carrier is entitled to be paid storage charges at its current rates in force immediately prior to the imposition of the lien. If the Contract has been terminated, the relevant rate at which the storage charges will be payable will be that in force immediately prior to termination.
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8 Sub Contractors
8.1 The Carrier shall be entitled to sub-contract the provision of all or part of any Service.
8.2 Appointment of a Sub-Contractor shall not affect the Carrier’s liability under these Conditions.
8.3 The Sub-Contractors shall have no liability to the Trader, whether in contract, tort (including negligence) or otherwise in addition to or separately from the liability of the Carrier.
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9 Goods Consigned in Bond
9.1 If the Carrier provides a service in respect of dutiable goods in bond, the Trader will indemnify the Carrier from and against any and all claims made against it by H.M. Customs and Excise whether or not transit has been suspended or ended.
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10.1 The Contract may be terminated forthwith by either party by written notice to the other party in the event of:
10.1.1 a serious breach by the other party of the terms of the Contract; or
10.1.2 any distress or execution being levied upon any of the other party’s goods or the other party offering to make any arrangement with its creditors or committing an act of bankruptcy or any petition in bankruptcy being presented against the other party or the other party being unable to pay its debts as they fall due or (being a corporate body) a resolution or petition to wind-up the other party being passed or presented or a receiver, administrative receiver or manager being appointed over the whole or any part of the other party’s business or assets or the other party suffering any analogous proceedings under foreign law.
10.2 The Contract may be terminated forthwith by written notice from the Carrier to the Trader in the event of the failure by the Trader to make punctual payment to the Carrier of any payments owed under the Contract.
10.3 The Contract may be terminated by the Trader at any time on one month’s notice in writing to the Carrier.
10.4 Upon notice of termination under this Condition 10, all sums due in relation to the Services shall be immediately due and payable to the Carrier. In addition to the sums specified above, the Carrier shall be entitled to all sums invoiced to the Trader on or prior to the giving of such notice notwithstanding that such sums may be payments in advance.
10.5 Termination of this Contract shall not affect the rights and remedies of the Carrier arising prior to termination.
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11.1 All sums payable under this Contract, unless otherwise stated, are exclusive of Value Added Tax and other duties or taxes (if applicable) which shall be charged and payable in addition to such sums.
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12 Force Majeure
12.1 The Carrier shall not be liable for any non-performance, part performance, defective performance or delay in performance of its obligations under the Contract due directly or indirectly to any Act of God, actions or regulations of government, strike, riot, lock-out, fire, lightning, aircraft, explosion, flooding, riot, civil commotion, acts of terrorism, outbreak of hostilities (whether or not war is declared), seizure or forfeiture under legal process, malicious mischief, theft, failure of or delay in third party supply or any other cause beyond the control of the Carrier. In the event that any of the above mentioned events renders the performance of the Contract impossible, the Carrier shall be released from its obligations under this Contract and the Trader shall forthwith pay to the Carrier all arrears of sums due under the terms of this Contract.
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13.1 Pursuant to s1(2)(a) of the Contracts (Rights of Third Parties) Act 1999, the parties intend that no term of this Agreement may be enforced by any person who is not a party to it with the exception of the Sub-Contractors who shall be entitled to the benefit of the Contract.
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14.1 The Contract:
14.1.1 constitutes the entire agreement and supersedes all other prior agreements whether written or oral between the parties in respect of the subject matter hereof and each party acknowledges that it has not relied upon any oral or written representation made to it by the other or its employees or agents other than those contained herein;
14.1.2 shall not be capable of assignment (whether in whole or in part) save that the Carrier shall be entitled to employ sub-contractors as it feels necessary in the performance of its obligations under the Contract;
14.1.3 shall be governed by the laws of England and shall be subject to the exclusive jurisdiction of the English courts;
14.1.4 may be amended only in writing and signed by the parties which would be affected by such variation.
14.2 In the event of any clause or term contained in the Contract or any part thereof being declared invalid or unenforceable by any court of competent jurisdiction, all other clauses or parts thereof contained in the Contact shall remain in full force and effect and shall not be affected thereby.
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