Terms of Service - Jet Group UK

Carrier's Status and Conditions

(hereinafter referred to as "the Carrier") is not a common carrier and accepts goods for carriage only on the conditions set out below (the Conditions). No servant or agent of the Carrier is permitted to alter or vary these Conditions unless expressly authorized to do so in writing by a Director, Principal, or Partner of the Carrier, or by another person separately authorized by such an individual in writing.

If any provision or part provision of these Conditions becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part provision shall be deemed deleted. Any modification to or deletion of a provision or part provision under this clause shall not affect the validity and enforceability of the rest of these Conditions.

These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose, has agreed upon, or incorporates. They also exclude any terms that might be implied by trade, custom, practice, or course of dealing. It is expressly stated to be the Customer’s responsibility to read and understand these Conditions, forming the basis of the Contract under which any claims or disputes are settled. Customers are recommended to seek professional advice and must arrange adequate insurance to provide full cover for the Consignment and any liabilities they may be under concerning it when the Consignment is in transit.

1. Definitions

In these Conditions:

"Customer" means the person or company contracting for the Carrier's services, including any other carrier giving a Consignment to the Carrier for carriage.
"Contract" refers to the agreement for carriage between the Customer and the Carrier.
"Consignee" designates the person or company to whom the Carrier contracts with the Customer to deliver the Consignment.
"Consignment" encompasses goods, whether sent singularly or in bulk, or contained in one parcel, package, or container, or any number of separate items, parcels, packages, or containers sent simultaneously in one load by or for the Customer from one address to another.
"Dangerous Goods" refers to substances and articles, the carriage of which is prohibited by the provisions of the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) as applied in the United Kingdom or permitted to be carried only under the conditions prescribed therein. It also includes all other substances and articles having characteristics that represent a hazard or danger to persons or property, or that include any radioactive or explosive material.
"Demurrage" accounts for any cost or expense incurred by the Carrier due to the improper, excessive, or unreasonable detention of any vehicle, trailer, container, or other equipment belonging to or under the control of the Carrier.
"Force Majeure Event" means any act(s), event(s), circumstance(s), or cause(s) the occurrence of which is beyond the reasonable control of the Carrier, including but not limited to:

(1) act of God, riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labour from whatever cause, war, act of terrorism, seizure, or forfeiture under legal process, restraint of government;

(2) error, act, omission, misstatement, or misrepresentation by the Customer or the owner of the Consignment or by any servant or agent of either of them;

(3) inherent wastage in bulk or weight, faulty design, latent defect, or inherent vice or natural deterioration of the Consignment;

(4) any special handling requirements in respect of the Consignment which have not been notified to the Carrier;

(5) insufficient or improper packaging, labelling, or addressing, unless the Carrier has contracted to provide this service;

(6) fire, flood, storm, earthquake, pandemic, or epidemic;

(7) road congestion, road accidents, delays incurred at any delivery location, or lack of delivery instructions from the Customer, vehicle breakdown.
"In writing" includes, unless otherwise agreed, the transmission of information by electronic, optical, or similar means of communication, such as facsimile, electronic mail, or electronic data interchange (EDI). This is provided that the information is readily accessible and durable for subsequent reference.

2. Parties and Sub-Contracting

Customer Warranties: The Customer warrants that they are either the owner of the Consignment or are authorized by the owner to accept these Conditions on their behalf. Additionally, the Customer asserts that they are similarly authorized by all those having a proprietary or possessory interest in the Consignment to accept these Conditions on their behalf.
Sub-Contracting and Assignment: The Carrier and any other carrier employed by the Carrier may engage the services of any other carrier to fulfil the Contract, either in whole or in part. The name of every such carrier shall be provided to the Customer upon request. The Carrier reserves the right to assign, mortgage, charge, delegate, declare a trust over, or deal in any other manner with any or all of its rights and obligations under the Contract, to the extent permitted by law.
Agency and Trust Structure: The Carrier enters into the Contract both for itself and as an agent of and trustee for its servants, agents, and all other carriers referred to in Condition 1(2) above. Additionally, the Carrier acts as an agent of and trustee for the servants and agents of such other carriers. Any reference in these Conditions to "the Carrier" shall be deemed to include every other carrier, servant, and agent, with the intention that they shall have the full benefit of the terms of this Contract. Collectively and together with the Carrier, they shall be under no greater liability to the Customer or any other party than is the Carrier hereunder.
Special Considerations for Certain Carriage: Notwithstanding Condition 2, the carriage of any Consignment by rail, sea, inland waterway, or air has been or will be arranged by the Carrier solely as the agent of the Customer. Any such carriage 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 whatsoever, howsoever caused, to any person for such carriage. However, 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 Carrier proves otherwise.

3. Dangerous Goods

If the Customer does not disclose in writing and in advance that a Consignment contains Dangerous Goods, the Carrier shall be entitled to rescind the Contract. If the Carrier agrees to accept for carriage any Dangerous Goods so disclosed, then the Customer must arrange for and ensure that the Dangerous Goods are classified, packed, marked, labelled, and documented in accordance with all applicable statutory regulations for the carriage by road of the substance declared.

4. Loading and Unloading

Customer Responsibilities: Unless otherwise agreed in writing, the Customer will be responsible for loading goods onto the vehicle and for the Consignee unloading the goods. The Carrier is not responsible for any loss or damage to the goods arising from loading or unloading, overloading of the vehicle, or unsafe loading. The Carrier may, at its discretion, provide assistance in loading or unloading if requested by the Customer, Consignee, or their agents. The Customer shall indemnify the Carrier from any loss, damage, death, or injury that may arise during loading or unloading, whether or not attributable to the Carrier's negligence, its agents, or servants.
Equipment Suitability: The Customer shall ensure that any equipment used in loading or unloading, such as cranes, forklift trucks, slings, chains, is suitable and will indemnify the Carrier against any consequences of equipment failure or unsuitability.
Access and Roadway Conditions: The Customer shall ensure adequate access to loading and unloading points, suitable roadways to and from the public highway, and proper unloading areas with sufficient space for safe vehicle operations.
Liability for Non-compliance: The Carrier shall not be liable for any loss or damage if instructed to provide service to an area not complying with the conditions outlined in (3), whether or not against Carrier recommendations.
Indemnification for Compliance: The Customer shall indemnify the Carrier against liability, loss, or damage resulting from the Carrier's personnel complying with the instructions of the Customer, Consignee, or their servants or agents.
Risk Assessments: The Customer shall provide the Carrier with details of any risk assessments carried out at collection and/or delivery addresses upon request. The responsibility for conducting such risk assessments lies with the Customer and not the Carrier.

5. Obligations of the Customer

The Customer warrants that:

The Consignment does not and will not cause pollution or harm to the environment or human health, require official consent or license, constitute waste, and is legally transportable in the United Kingdom.
It will comply with Carrier regulations regarding handling, health, safety, and security and will ensure its agents, employees, and subcontractors do the same.
It will provide the Carrier with necessary and accurate information and materials to fulfill its obligations under the Contract.
If the Carrier's performance is prevented, hindered, or delayed by any act or omission of the Customer (Customer Default), the Carrier has the right to suspend performance until the Customer remedies the default. The Carrier shall not be liable for costs or losses arising from its failure to perform due to a Customer Default. The Customer shall reimburse the Carrier for costs or losses directly or indirectly resulting from the Customer Default upon written demand.

6. Signed Receipts

The Carrier shall, if required, sign a document or electronic record prepared by the Customer or its agent acknowledging the receipt of the Consignment. However, the burden of proving the condition of the Consignment and/or its nature, quantity, quality, or weight at the time of that receipt shall rest with the Customer.

7. Transit

Commencement of Transit: Unless expressly agreed otherwise between the parties, transit shall commence after the Consignment has left the premises from where the Consignment is collected.
Duration of Transit: Transit shall, unless terminated earlier, end when the Consignment arrives at the proper place of delivery at the Consignee’s address within the customary cartage hours of the district. However, If no safe and adequate access or unloading facilities exist at the Consignee's address, transit shall be deemed to end at the expiry of one clear day after notice (by letter, telephone, fax, email, or other agreed method of communication) of the Consignment's arrival at the premises has been sent to the Consignee or the Customer. Furthermore, If, for any other reason, a Consignment cannot be delivered, or when a Consignment is held by the Carrier on instructions 'to await order' or 'to be kept till called for,' and no such order is given within a reasonable time, or the Consignment is not called for and removed within a reasonable time, then transit shall also be deemed to end at the expiry of that reasonable time.
Risk Outside of Transit: The Consignment shall be at the sole risk of the Customer at all times when the Consignment is not in transit.

8. Undelivered or Unclaimed Consignments

In cases where either of the provisos to Condition 7 operates, deeming transit to have ended, the Carrier may sell the Consignment. Payment or tender of the proceeds of sale to the Customer, after deducting all proper charges, expenses related to the sale, outstanding charges for the carriage and storage of the Consignment, shall discharge the Carrier from all liability regarding such Consignment, its carriage, and storage.

Provided that:

The Carrier shall reasonably strive to obtain a fair price for the Consignment.
The power of sale shall not be exercised if the name and address of the Customer, Consignee, owner of the Consignment, or any other person with a proprietary or possessory interest is known. The Carrier shall refrain from exercising the power of sale unless reasonable efforts have been made to notify such persons that the Consignment will be sold unless, within a specified reasonable time from the notice, the Consignment is taken away or instructions are given for its disposal.

9. Carrier’s Charges

Payment Responsibility: The Carrier's charges shall be payable by the Customer, without prejudice to any rights the Carrier may have against the Consignee or any other person, to secure or obtain payment. However, when a Consignment is consigned 'carriage forward,' the Customer shall not be required to pay such charges unless the Consignee, within a reasonable period of a payment demand, fails to pay the Carrier’s charges.
Payment Terms and Insolvency: Charges shall be payable when due without deduction or deferment on account of any claim, counterclaim, or set-off. If the Customer becomes insolvent, or any sums owed by the Customer to the Carrier become overdue, all credit terms previously agreed shall be cancelled immediately. All invoices and accounts issued by the Carrier shall be deemed due for immediate payment, and all sums owing (whether due or not) shall become payable. The Late Payment of Commercial Debts (Interest) Act 1998, as amended, shall apply to all sums due from the Customer.
Proof of Delivery: The Carrier shall make reasonable efforts to obtain a signed proof of delivery from the Consignee unless otherwise agreed with the Customer. However, no payment shall be withheld by the Customer if the Carrier is unable to provide a proof of delivery unless notification of non-delivery is received by the Carrier no more than 48 hours after the expected time of delivery of the Consignment, and the Carrier is subsequently unable to evidence proof of delivery.
Storage Charges: The Customer shall pay the Carrier any storage charges incurred as a result of exercising its lien in accordance with clause 15 below.
Cancellation Costs: If the Contract is cancelled at any time, the Customer shall pay the Carrier all costs and expenses incurred by the Carrier prior to such cancellation.

10. Liability for Loss and Damage

Customer Election: The Customer shall be deemed to have elected to accept the terms set out in this Condition unless, before transit commences, the Customer has agreed in writing that the Carrier shall be under no liability for loss of, or mis delivery of or damage to or in connection with the Consignment, howsoever or whensoever 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 subcontractors.
Carrier Liability: Subject to these Conditions, the Carrier shall be liable for:

(1) Physical loss, mis delivery of, or damage to living creatures, bullion, money, securities, stamps, precious metals, or precious stones comprised within the Consignment only if:

(a) The Carrier has specifically agreed in writing to carry any such items; and

(b) The Customer has agreed in writing to reimburse the Carrier for all additional costs resulting from the carriage of said items; and

(c) The loss, mis delivery, or damage is occasioned during transit and is proved to have been caused by the negligence of the Carrier, its servants, agents, or subcontractors.

(2) Physical loss, mis delivery of, or damage to any goods not covered by sub-clause (1) above comprised within the Consignment, unless the same has arisen from a Force Majeure Event.

Post-Transit Liability: The Carrier shall not, in any circumstances, be liable for any loss or damage arising after transit is deemed to have ended within the meaning of Condition 7 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 subcontractors.

11. Fraud

The Carrier shall, under no circumstances, be liable in respect of a Consignment in relation to which there has been fraud on the part of the Customer, the Consignee, or the owner of the Consignment, or their servants or agents, unless the Carrier or any servant of the Carrier acting in the course of his employment has been complicit in that fraud.

12. Limitation of Liability

Physical Loss, Mis delivery, or Physical Damage to Goods: Except as otherwise provided in these Conditions, the liability of the Carrier in respect of claims for physical loss of, mis delivery of, or physical damage to goods comprised within the Consignment, howsoever arising, shall in all circumstances be limited to the lesser of:

(a) The value of the goods actually lost or misdelivered, at the place they should have been delivered; or the amount by which damaged goods have been depreciated in value by reason of that damage; or

(b) The cost of replacing the goods actually lost or misdelivered and/or reconditioning or repairing any damage to 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, misdelivered, or damaged;

The value of the goods actually lost, misdelivered, or damaged shall be taken to be their invoice value if they have been sold, and shall otherwise be taken to be their replacement cost to the owner at the commencement of the transit. In all cases, it shall be taken to include any Customs and Excise duties or taxes paid or payable in respect of those goods when lost, misdelivered, or damaged.

Provided that:

(a) 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;

(b) Nothing in this Condition shall limit the liability of the Carrier to less than the sum of £10;

(c) The Carrier shall be entitled to proof of the weight and value of the whole of the Consignment and of any part thereof lost, misdelivered, or damaged;

(d) The Customer shall be entitled to give to the Carrier notice in writing, to be delivered at least seven days prior to commencement of transit, requesting that the £1,300 per tonne limit referred to 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. If no such agreement can be reached, the aforementioned £1,300 per tonne limit shall continue to apply.

Other Types of Loss or Damage: The liability of the Carrier in respect of claims for any other type of loss, liability, or damage whatsoever 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 less, unless:

(a) At the time of entering into the Contract with the Carrier, the Customer declares to the Carrier a special interest in the avoidance of physical loss, mis delivery, or damage to the Consignment, and/or a special interest in delivery within a specified period, undertaking to pay such surcharge, referable to the declared value of that interest or those interests, as may be agreed with the Carrier, and

(b) At least 7 days prior to the commencement of transit, the Customer has delivered to the Carrier confirmation in writing of the declared value of any special interest and of any agreed time limit, and of its agreement to pay the specified surcharge which it has agreed with the Carrier.

Force Majeure Event: The Carrier shall not be in breach of the Contract nor liable for any delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure results from a Force Majeure Event.
Excluded Types of Loss or Damage: The following types of loss or damage are wholly excluded and will not, under any circumstances, be the subject of compensation by the Carrier:

(a) Loss of profits;

(b) Loss of sales or business;

(d) Loss of anticipated savings;

(e) Loss of use of, or corruption of, software, data, or information;

(f) Loss of or damage to goodwill;

(g) Indirect or consequential loss;

(h) Any fine imposed on the Customer by the Consignee or its customer.

13. Indemnity to the Carrier

The Customer shall indemnify the Carrier against:

All losses, liabilities, and costs incurred by the Carrier (including but not limited to those incurred in connection with the loss of or damage to the carrying vehicle or to other goods carried) as a result of any breach of these Conditions by the Customer or any party on whose behalf it has contracted, or by reason of any error, omission, misstatement, or misrepresentation by the Customer or owner of the Consignment or by any servant or agent of either of them, or by reason of insufficient or improper packing, labelling, or addressing of the Consignment, or by reason of fraud on the part of the Customer, the Consignee, or the owner of the Consignment, or their servants or agents (as referred to in Condition 11);
All losses, liabilities, and costs arising from claims and demands by whomsoever made and howsoever arising (including, for the avoidance of doubt, claims alleging negligence or conversion, or by H.M. Revenue and Customs in respect of dutiable goods, or arising out of the carriage of Dangerous Goods) in respect of any loss of or damage to, or in connection with, the Consignment in an amount exceeding the liability of the Carrier under these Conditions in respect of that loss or damage, whether or not that loss or damage was 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.

14. Time Limits for Claims

The Carrier shall not be liable for:

Physical loss of, mis or non-delivery of, or physical damage to goods comprised within the Consignment unless advised thereof in writing within seven days after the termination of transit or the date on which the transit should have terminated;
Any other type of loss unless advised thereof in writing within twenty-eight days after the termination of transit or the date on which the transit should have terminated.

Provided that if the Customer proves that,

(a) It was not reasonably possible for the Customer to advise the Carrier or make a claim in writing within the time limit applicable, and

(b) Such advice or claim was given or made within a reasonable time after the time at which it did become reasonably possible for the Customer to advise the Carrier or make a claim in writing,

the Carrier shall not have the benefit of the exclusion of liability afforded by this Condition.

Limitation on Legal Proceedings: The Carrier shall, in any event, be discharged from all liability whatsoever and howsoever arising in respect of the Consignment unless legal proceedings are issued and notice in writing thereof given to the Carrier within one year of the date when transit commenced.
Computation of Time: 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.

15. Lien

The Carrier shall have:

A particular lien on the Consignment for all charges due to the Carrier for the carriage, storage and/or warehousing of the Consignment and for all other proper charges or expenses incurred in connection with the carriage of the Consignment.
A general lien on the Consignment for any sums overdue and unpaid by the Customer, by the owner of the Consignment or by any other person having any proprietary or possessory interest in it, by the Consignee, or by any agent of these persons, on any invoice, account, or contract whatsoever.

If the Carrier exercises a lien, but appropriate payment is not made within 14 days after notice that the payment is due has been given in accordance with Condition 8 above, the Carrier may sell the Consignment, or any part thereof, as an agent for its owner and for those having a proprietary or possessory interest in it, and shall apply the proceeds towards any sums unpaid and towards the expenses of the retention, storage, insurance, and sale of the Consignment and shall, upon accounting to the Customer for any balance remaining, be discharged from all liability whatsoever in respect of the Consignment.

The Carrier may exercise its lien on its behalf or as an agent for any assignee of its invoices at any time and at any place in its sole discretion, whether or not the contractual carriage has been completed, and these Conditions shall continue to apply during the period of exercise of such lien.
If the Consignment is not solely the property of the Customer, the Customer warrants that it has the authority of all those having a proprietary or possessory interest in the Consignment to grant to the Carrier liens as set out in Condition 15 above, and the Customer shall indemnify the Carrier for all claims and demands the Carrier may receive asserting that the Customer did not have that authority.

16. Unreasonable Detention

The Customer shall be liable to pay Demurrage, without prejudice to any rights that the Carrier may have against any other person in respect of any improper, excessive, or unreasonable detention of any vehicle, trailer, container, or other equipment belonging to or under the control of the Carrier.

17. Confidentiality

Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients, or suppliers of the other party, except as permitted by these Conditions.
Each party may disclose the other party's confidential information: to its employees, officers, representatives, sub-contractors, or advisers who need to know such information for the purposes of carrying out the party's legal obligations; and as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

18. Law and Jurisdiction

Unless otherwise agreed in writing, the Contract and any dispute arising under it or in connection with it shall be governed by English law and each party irrevocably agrees that such dispute shall be subject to the exclusive jurisdiction of the English courts.

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