The following definitions apply to the terms and conditions set out below that govern this contract of carriage between you and us.
“We, us, our” – means SMG UK Logistics and any of its associated companies - and our respective employees, agents, freelancers and independent contractors.
“You, your, yourself” means the sender, consignor or consignee of the shipment, holder of this consignment note, receiver and owner of the contents of the shipment or any other party having a legal interest in those contents.
“carriage” means and includes the whole of the operations and services undertaken by us in connection with the shipment.
“shipment” means any envelope, document, package, parcel, satchel or piece of freight given to and accepted by us for carriage and transported under our consignment note.
“prohibited items” means any goods or materials the carriage of which is prohibited by any law, rule or regulation of United Kingdom and any country in which the shipment travels.
2. THE PARTY WITH WHOM YOU ARE CONTRACTING
Your contract of carriage is with the SMG UK Logistics or the subsidiary or affiliate of SMG UK Logistics that accepts the shipment for carriage from you. You agree that we may subcontract the whole or any part of the carriage on any terms and conditions we decide.
3. YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS
By giving us your goods or documents you accept our terms and conditions set out in the SMG UK Logistics website and or the contract of carriage on behalf of yourself and/or anyone else who has an interest in the shipment irrespective of whether you have signed the front of our consignment note or not.
Our terms and conditions also cover and can be invoked by anyone we use or sub-contract to collect, transport or deliver your shipment as well as our employees, directors and agents.
Only one of our authorised officers may agree to a variation of these terms and conditions in writing. When you give us the shipment with oral or written instructions that conflict with our terms and conditions we shall not be bound by such instructions.
4. SCOPE OF THE CONTRACT
a) Irrespective of whether a separate contract of carriage was agreed between you and us or the carriage of the shipment forms part of another type of contract between you and us, these terms and conditions apply to the contract agreed between you and us in respect of any carriage of goods pursuant to the contract.
b) By concluding any type of contract with us you agree that:
the contract is a contract of carriage of goods by road if the carriage of the shipment actually takes place by road; shipment actually takes place by air.
5. DANGEROUS GOODS / SECURITY
5.1 Dangerous Goods
a) Except in the circumstances shown in paragraph 5.1 (b) below we do not carry goods which are in our sole opinion dangerous goods including, but not limited to, those specified in the International Civil Aviation Organisation (ICAO) technical instructions, the International Air Transport Association (IATA) dangerous goods regulations, the International Maritime Dangerous Goods (IMDG) code, the European Agreement concerning the international carriage of Dangerous goods by Road (ADR) regulations or any other national or international rules applicable to the transport of dangerous goods.
b) We may at our discretion accept some dangerous goods for carriage in some countries if you have been accorded the status of an approved customer and this must be given by us in writing before your shipment can be accepted. Your dangerous goods will only be accepted if they comply with the applicable regulations (as referred to in condition 5.1 a) and our requirements. Details of our requirements together with the procedure for applying for approved customer status are available from our HQ and a dangerous goods surcharge will be invoiced to you upon acceptance of your shipment.
5.2 Air Cargo Security Regulations
a) You must ensure and you hereby certify by completing our consignment note or tendering a shipment to us that your shipment does not contain a prohibited article as specified in ICAO Annex 17 or other national or international regulations that govern aviation security. You must give us a full description of the contents of the shipment on the consignment note and your responsibilities and liabilities are not extinguished by providing this information. Shipments carried by us may be subject to security screening which could include the use of X-ray equipment and you accept that your shipment may be opened and the contents of your shipment may be examined in transit.
b) You declare that you have prepared the shipment for carriage in secure premises using reliable staff employed by you and that the shipment has been safeguarded against unauthorised interference during preparation, storage and transportation immediately prior to acceptance for carriage of the shipment by us.
5.3 Prohibited Items
We do not accept shipments that contain prohibited items.
6. CUSTOMS CLEARANCE
6.1 You hereby appoint us as your agent solely for the purpose of clearing and entering the shipment through customs and you hereby certify that we are the consignee for the purpose of designating a customs broker to perform customs clearances and entries if we subcontract this work. If any customs authority requires additional documentation for the purpose of confirming the import/export declaration or our customs clearance status it is your responsibility to provide the required documentation at your expense.
6.2 You certify that all statements and information you provide relating to the exportation and importation of the shipment will be true and correct. You acknowledge that in the event that you make untrue or fraudulent statements about the shipment or any of its contents you risk a civil claim and/or criminal prosecution the penalties for which include forfeiture and sale of your shipment. To the extent that we may voluntarily assist you in completing the required customs and other formalities such assistance will be rendered at your sole risk. You agree to indemnify us and hold us harmless from any claims that may be brought against us arising from the information you provide to us and any costs we will incur regarding this and pay any administration fee we may charge you for providing the services described in this article.
6.3 Any customs duties, taxes, penalties, storage charges or other expenses we incur as a result of the actions of customs or other governmental authorities or your failure and/or the receiver’s failure to provide proper documentation and/or to obtain the required licence or permit will be charged to you or the receiver of the shipment. In the event that we decide to charge the receiver and the receiver refuses to pay the incurred charges you agree to pay them to us together with our fee for the administration involved as well as any extra costs we will incur. Upon our first request you will provide a proper guarantee for any of the duties, taxes, penalties, storage charges or any other expenses set out in this article.
6.4 We will endeavour to expedite all customs clearance formalities for your shipment but are not liable for any delays, losses or damage caused by interference from customs officers or other governmental authorities.
7. EXTENT OF OUR LIABILITY
Subject to condition 7 below we limit our liability for any loss, damage or delay of your shipment or any part of it as follows:
7.1 CARRIAGE BY AIR
If the carriage of your shipment is solely or partly by air and involves an ultimate destination or a stop in a country other than the country of departure the Warsaw Convention (1929), or the Warsaw Convention as amended by the Hague Protocol (1955) and/or Montreal Protocol No. 4 (1975), or the Montreal Convention (1999), whichever is compulsorily applicable will apply. These international treaties govern and limit our liability for loss, damage or delay to your shipment to 17 special drawing rights per kilo (approximately 20 Euros per kilo although the rate of exchange is variable).
7.2 CARRIAGE BY ROAD
If we carry your shipment by road within, to or from a country that is a party to the convention on the contract for the international carriage of goods by road 1956 (CMR) our liability for loss or damage to your shipment shall be governed by the CMR and thus limited to 8.33 special drawing rights per kilo (approximately £10 GBP per kilo although the rate of exchange is variable). In the case of delay where you can show to us you have suffered loss our liability is limited to refunding to you the charge you paid us for carriage in respect of that shipment or the part which was delayed.
If none of Clauses 7.1 -7.2 above apply and we have a liability to you for whatever reason for transportation services performed by us, including without limitation breach of contract, negligence, wilful act or default, our liability to you for loss, damage, misdelivery or non-delivery of your shipment or the part affected is at all times limited to the lower of the market value of the shipment at the time of carriage or the cost of repairing the shipment or the part affected with in each case an upper limit that does not exceed £10 per kilo limited to a maximum of £10,000 per shipment. In the case of delay where you can show to us you have suffered loss our liability is limited to refunding to you the charge you paid us for carriage in respect of that shipment or the part which was delayed.
8.1 We will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of customers, loss of use, loss of an opportunity or for any indirect, incidental, special or consequential damages or loss howsoever arising including but not limited to the loss, damage, delay, miss delivery or non-delivery of your shipment even if we had knowledge that such damages or loss might arise.
8.2 We are not liable if your shipment or any part of it is lost, damaged, delayed or mis-delivered or not delivered or if we do not fulfil any obligations towards you at all as a result of:
a) circumstances beyond our control such as (but not limited to):
acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost; force majeure including (but not limited to) war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions; national or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery; latent defects or inherent vice in the contents of the shipment. criminal acts of third parties such as theft and arson. b) your acts or omissions or those of third parties such as:
you being in breach of (or any other party claiming an interest in the shipment causing you to breach) your obligations under these terms and conditions and in particular those warranties set out in Condition 11; an act or omission of any customs, airline, airport or government official. c) The contents of the shipment consisting of any article that is a prohibited item even though we may have accepted the shipment by mistake.
8.3 We are not a common carrier and do not accept from you any liabilities of a common carrier.
9.1 You may purchase insurance from us for the full value of your parcel and freight shipment (non document shipment) by completing the relevant box on the consignment note and paying the indicated charge to cover you against ‘all risks’ of loss and damage during carriage up to a maximum of £10,000 GBP per shipment. This insurance is not available for precious stones, precious metals, laptop computers, plasma screens, jewellery, money, glass, china, objects of art, antiques, documents or any films, tapes, discs, memory cards or any such other data or image carrying goods. If you do send such goods we recommend that you arrange insurance yourself.
9.2 The above insurance options (16.1) (i) do not cover losses of a consequential nature (see condition 13.1 above) or delays in carriage or where the loss has arisen as a result of your breach of your obligations under these terms and conditions and (ii) are not available for a limited number of countries. For a list of these countries, and/or to obtain further details on the insurance conditions and coverage, please contact our customer service centre.
10. CLAIMS BROUGHT BY THIRD PARTIES
You undertake to us that you shall not permit any other person who has an interest in the shipment to bring a claim or action against us arising from the carriage even though we may have been negligent or in default and if a claim or action is made you will indemnify us against the consequences of the claim or action and the costs and expenses we incur in defending it.
11. DELIVERY OF YOUR SHIPMENT
Where we are unable to complete the delivery of your goods or documents for whatever reason we will try to contact you and agree the appropriate next action. You agree to pay us any costs we incur in forwarding, disposing of or returning the shipment and our charges (if any) for making a second delivery attempt or deliver your goods or documents to the alternative address and for the agreed appropriate next action. If we do not receive your or receiver’s instructions within a reasonable period after our second attempt to contact you or the receiver, then you agree that we may destroy or sell the content of the shipment without any further liability to you.
12. RATES AND PAYMENT
All rates and costs shall be confirmed in a formal quotation prior to acceptance of a booking.
Our terms of payment are gross payment at placement of booking - unless an arrangement has been agreed in writing with one of our authorised representatives prior to making the booking.
12.1 ACCOUNT CUSTOMERS
You agree to pay our charges for the carriage of the shipment between the locations specified on the consignment note/contract of carriage and any value added taxes for the carriage within 14 days from the date of our invoice.
12.2 NON ACCOUNT CUSTOMERS
If you do not have an account and would like to use our Same Day Courier service as a one off; payment must be paid in full upon booking. We reserve our rights to hold all shipment if we believe payment is deliberately delayed.
12.3 ACCOUNT & NON ACCOUNT CUSTOMERS
You waive all your rights to challenge our invoices if you do not contest our invoice in writing within 7 days from the date of the invoice.
13. LAW AND JURISDICTION
13.1 In the event that any term or condition is declared invalid or unenforceable such a determination shall not affect the other provisions of this contract of carriage all of which remain in force
13.2 Disputes arising from or related to this contract of carriage shall be subject to the laws and the courts of the country in which the subsidiary or affiliate or branch of SMG UK Logistics Ltd that accepts your shipment for carriage is based.
14. CLAIMS PROCEDURE & TERMS
If you wish to claim for a lost, damaged you must comply with any applicable convention or if none applies you must comply with the following procedure otherwise we reserve the right to reject your claim:
a) you must notify us in writing about the loss, damage within 7 days after delivery of the shipment or within 7 days of the date the shipment should have been delivered and then within the next 7 days you must document your claim by sending us all relevant information about the shipment and the loss, damage suffered. We are not obliged to act on any claim until our carriage charges have been paid nor are you entitled to deduct the amount of your claim from our carriage charges;
b) we will assume the shipment was delivered in good condition unless the receiver has noted any damage on our delivery record when he or she accepted the shipment. In order for us to consider a claim for damage the contents of your shipment and the original packaging must be made available to us for inspection;
c) save as otherwise provided by any applicable convention and or law your right to claim damages against us shall be extinguished unless an action is brought in a court of law within 1 year from the date of delivery of the shipment or from the date on which the shipment should have been delivered or from the date on which the carriage ended.
d) We will not start any claim procedure if there is any of our invoices are outstanding more than 7 days than the agreed terms of the payment.
e) Damage goods must be shipped to the address provided at the time of the claim within 7 days to inspect damaged goods in order to start the claim.
f) If you have failed to comply any of the above terms then we reserve the right to reject your claim.
15. INCORRECT ADDRESS AND P.O. BOX NUMBERS
15.1. If we are unable to deliver a shipment because of an incorrect address we will make all reasonable efforts to find the correct address. We will notify you of the correction and deliver or attempt to deliver the shipment to the correct address although additional charges may apply.
15.2. Deliveries to post office box numbers are not accepted, except in a limited number of countries (the list of which is available from the subsidiary or affiliate or branch of TNT that accepts your shipment for carriage) and further provided that the telephone number of the consignee is provided. In the event we are unable to deliver the shipment at the first attempt then you agree that we may post the shipment to the consignee and proof of posting is sufficient proof of delivery.
16. RIGHT OF INSPECTION
16.1. You agree that we or any governmental authority including customs and security may open and inspect your shipment at any time.
17. YOUR OBLIGATIONS
You warrant, represent and guarantee to us that:
17.1. The contents of the shipment (including but not limited to weight and number of items) have been properly described on our consignment note, have been correctly labelled and the label or labels have been securely fixed by you in a prominent position on the outer surface of the shipment that can be clearly seen by us;
17.2. The consignee’s full address including postcode and contact details have been fully, accurately and legibly provided to us and on an address label securely fixed by you to a prominent position on the outer surface of the shipment that can be clearly seen by us;
17.3. The contents of the shipment have been prepared and packed safely and carefully by you to protect against the ordinary risks of transport, or the performance by us of other services, including any associated sortation and/or handling process;
17.4. You have declared the correct weight of the shipment and you will provide any special equipment we may need to load or unload the shipment on or off our vehicles;
17.5. You have securely fixed a heavy weight label in a prominent position on the outer surface of the shipment that can clearly be seen by us for any item weighing 30 kilos or more;
17.6. The contents of the shipment are not restricted by IATA, ICAO, IMDG or ADR and are not prohibited items, and neither you nor the consignee is a person or organisation with whom we or you may not legally trade under any applicable laws or regulations;
17.7. When you have asked us to charge the receiver or a third party and the receiver or third party does not pay us you will promptly settle our invoice together with an administration fee in full within 7 days of us sending you the invoice;
17.8. All applicable laws and regulations have been complied with;
17.9. You have included with the shipment the correct commercial invoice related to the shipment (mentioning correct “bill to” address with applicable VAT number, correct and clear description of the commodity, and the first 6 digits of the Harmonised System (“HS”) code;
17.10. That you have taken all reasonable precautions to comply with all conventions, directives and legislation relating to the protection of personal data including if practicable encryption of the personal data to ensure the safety of the personal data in the event of loss or misdelivery of a shipment;
17.11. The value of any shipment does not exceed £10,000.
You agree to indemnify us and hold us harmless from any liabilities we may suffer or any costs, damages or expenses, including legal costs, we incur either to you or to anyone else arising out of you being in breach of any of these warranties, representations and guarantees, even if we inadvertently accept a shipment that contravenes any of your obligations.
18. WAITING TIME
First 15 minutes will be courtesy time on the collection and delivery after 15 minutes we will charge £48 per hour which will be added to your invoice.
You agree not to engage any of our drivers in any working capacity without the express permission of SMG UK Logistics as this will incur substantial charges. (Up to a minimum of thirty six months company earnings)
Cancellation of an order may incur a cancellation fee.
Our payments terms are 14 days (for account customers only) from the invoice date unless otherwise agreed in writing.
21.1 Late payment charges will apply if any of the invoices have not been paid on time.
21.2 If we have to take any legal action to recover our invoices, any costs that arise towards legal process will be paid by the debtor.
21.3 If you are a pay as you go customer payment must be made upon the confirmation email of the booking.