1. Definitions
Customer means the individual, business or organisation requesting or purchasing our Services.
Consignee means the person or organisation to whom a Consignment is to be delivered.
Consignment means goods, property, packages, pallets, furniture or other items accepted by us for collection, carriage, handling or delivery.
Services means transport, collection, delivery, removals, loading, unloading or other logistics services agreed between us and the Customer.
Contract means the agreement between ERLAND LOGISTICS LTD and the Customer, comprising the accepted quotation or booking together with these Terms.
Dangerous Goods means goods classified as dangerous or hazardous under applicable transport legislation or regulations.
2. Quotations and Bookings
Unless stated otherwise, quotations are based on information supplied by the Customer, including collection and delivery locations, access, quantity of goods, dimensions, weight, required vehicle, labour requirements and any special handling requirements.
The Customer must provide accurate and complete information. We may revise the price where information supplied was incomplete or inaccurate, the nature or quantity of the Consignment changes, additional work is requested, or circumstances at collection or delivery materially differ from those described when the quotation was prepared.
A quotation does not constitute a confirmed booking until it has been accepted by us.
3. Customer's Authority
The Customer confirms that they are the owner of the Consignment or are authorised by the owner to arrange its transportation or removal.
Where the Customer acts on behalf of another person or organisation, the Customer confirms that they have authority to enter into the Contract on that person's or organisation's behalf.
4. Customer Responsibilities
The Customer must provide accurate information concerning:
- collection and delivery addresses;
- access and parking restrictions;
- dimensions and approximate weight of the Consignment;
- unusually heavy, fragile or valuable items;
- stairs, lifts or other access difficulties;
- loading and unloading requirements; and
- any other circumstances reasonably relevant to performing the Services safely.
The Customer is responsible for obtaining any permissions required for access to private premises or restricted areas unless we have expressly agreed otherwise.
5. Packing and Preparation of Goods
Unless packing services have specifically been agreed, the Customer is responsible for ensuring goods are adequately and securely packed for normal road transportation and handling.
We may refuse to carry goods which we reasonably consider inadequately packed, unsafe, unlawful or likely to cause injury or damage.
Where goods are packed by the Customer, we are not responsible for loss or damage resulting from inadequate packing except to the extent that the loss or damage was caused by our negligence or where liability cannot lawfully be excluded.
6. Loading and Unloading
Responsibility for loading and unloading will depend upon the service agreed in the booking.
Where the Customer, Consignee or another third party undertakes loading or unloading, they must do so safely and use suitable equipment and competent personnel. Our driver or personnel may refuse to participate in any activity reasonably considered unsafe.
Additional labour, waiting time or equipment not included in the original quotation may incur additional charges.
7. Access, Parking and Waiting Time
The Customer must ensure that reasonable and lawful access is available at collection and delivery locations and must inform us beforehand of height, width or weight restrictions, controlled-access areas, loading restrictions, parking restrictions or unusually difficult access.
Reasonable additional costs resulting from undisclosed access restrictions, parking charges, tolls, congestion or clean-air charges, waiting time, additional stops, additional labour or other necessary costs may be charged to the Customer where appropriate.
8. Additional Charges
Additional reasonable charges may apply where circumstances differ from those on which the quotation was based, including additional waiting time, labour, stops, parking, tolls or other access charges, failed collection or delivery, storage, or material changes to the agreed load or service.
Where reasonably foreseeable, applicable charges or rates will be communicated to the Customer before the booking is confirmed. No public fixed price list forms part of these Terms.
9. Dangerous and Prohibited Goods
Dangerous Goods must not be presented for carriage unless their nature has been fully disclosed to us in advance and we have expressly agreed to carry them. Where applicable, the Customer must provide all legally required classification, packaging, marking, labelling and documentation.
We reserve the right to refuse goods which we are not authorised, equipped or insured to transport.
Unless specifically agreed beforehand, we do not accept illegal goods, explosives, firearms or ammunition, hazardous chemicals, live animals, perishable goods requiring controlled conditions, or any item whose carriage would be unlawful.
10. High-Value and Special Items
The Customer must tell us before booking about any item requiring unusual care or having unusually high value, including jewellery, cash, precious metals, important documents, works of art, antiques or other particularly valuable or irreplaceable property.
We may refuse such items, require additional arrangements, or agree separate terms or insurance requirements before accepting them.
11. Collection and Transit
Transit begins when we take possession of the Consignment for the purpose of performing the agreed Services.
We will take reasonable steps to meet agreed collection and delivery times. Unless expressly agreed in writing as a guaranteed service, collection and delivery times are estimates and may be affected by traffic, weather, road closures, vehicle breakdowns, accidents or circumstances outside our reasonable control.
12. Failed Delivery or Collection
Where collection or delivery cannot reasonably be completed because nobody is available, access is unavailable or unsafe, information supplied is incorrect, the Consignee refuses the goods, or another circumstance outside our reasonable control prevents completion, we may return, store or arrange another delivery of the Consignment.
Reasonable additional costs may be charged to the Customer.
13. Undelivered or Unclaimed Goods
Where goods cannot be delivered and reasonable attempts to obtain further instructions are unsuccessful, we may store the goods at the Customer's reasonable expense.
Where goods remain unclaimed for a substantial period, we may, subject to applicable law and reasonable notice to the Customer, take reasonable steps concerning their disposal or sale to recover legitimate storage, transport or other outstanding charges.
14. Cancellations and Changes
The Customer should notify us as soon as possible if a booking needs to be cancelled or changed.
Where cancellation occurs after vehicles, personnel, third-party services or other resources have been committed, reasonable cancellation costs may apply where these were disclosed or agreed and where permitted by law.
Any cancellation rights available to consumers under applicable law remain unaffected.
15. Charges and Payment
Charges are payable according to the quotation, invoice or other payment terms agreed with the Customer.
Additional services or costs reasonably incurred because of circumstances not disclosed when the quotation was prepared may be charged separately.
For qualifying business-to-business debts, ERLAND LOGISTICS LTD reserves the right to claim statutory interest and applicable debt-recovery costs in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, where applicable.
The Customer remains responsible for undisputed amounts properly due.
16. Loss or Damage
We will exercise reasonable care and skill when providing our Services.
The Customer should inspect goods as soon as reasonably practicable following delivery and notify us promptly of any apparent loss or damage, providing reasonable supporting information such as photographs, invoices or evidence of value where available.
Any claim will be considered according to the circumstances of the loss or damage, the Contract, applicable law and any applicable insurance or agreed conditions of carriage.
Nothing in these Terms excludes or restricts liability where doing so would be unlawful.
17. Exclusions and Limitations of Liability
To the fullest extent permitted by law, we will not be responsible for loss or damage resulting from circumstances outside our reasonable control or from:
- inadequate packing performed by the Customer or a third party;
- inherent defects or deterioration of the goods;
- inaccurate information supplied by the Customer;
- acts or omissions of the Customer, Consignee or another third party;
- undisclosed dangerous, prohibited or unusually valuable goods; or
- circumstances that could not reasonably have been avoided despite appropriate care.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot legally be excluded or limited.
For consumer Customers, nothing in these Terms affects statutory consumer rights.
18. Subcontracting
We may use appropriately selected subcontractors or third-party carriers to perform all or part of the Services.
We remain responsible for our obligations under the Contract to the extent required by applicable law and the terms agreed with the Customer.
19. Insurance
ERLAND LOGISTICS LTD maintains insurance appropriate to its business operations. The existence of insurance does not automatically mean that every type of property, loss or circumstance is covered.
Customers should notify us before booking where a Consignment contains particularly valuable, unusual or specialist goods so that appropriate arrangements can be discussed.
20. Customer Indemnity
To the extent permitted by law, the Customer will be responsible for reasonable losses, costs or claims incurred by us resulting from the Customer's breach of these Terms, unlawful conduct, material misrepresentation, or presentation of dangerous or prohibited goods without proper disclosure.
This provision does not make the Customer responsible for loss caused by our own negligence or breach of Contract.
21. Events Outside Our Control
We will not be responsible for delay or failure to perform caused by events outside our reasonable control, including severe weather, natural disasters, major road closures, accidents, civil emergencies, industrial action, government restrictions or similar events.
We will take reasonable steps to minimise disruption and resume the Services when reasonably possible.
22. Personal Information
We may process personal information supplied in connection with quotations, bookings, collections and deliveries in accordance with applicable UK data protection law.
Further information about how we collect, use, retain and share personal information will be provided in our Privacy Policy.
23. Complaints
If the Customer is dissatisfied with our Services, they should contact us as soon as reasonably possible so that we have an opportunity to investigate and resolve the matter.
24. Severability
If any provision of these Terms is found to be invalid, unlawful or unenforceable, the remaining provisions will continue in effect so far as legally possible.
25. Changes to These Terms
We may update these Terms from time to time to reflect changes to our Services, business practices or applicable law.
The Terms applicable to a booking will normally be those provided or made available when the Contract was entered into, unless a change is required by law or agreed between the parties.
26. Governing Law and Jurisdiction
These Terms and any Contract between the Customer and ERLAND LOGISTICS LTD are governed by the laws of England and Wales.
Where the Customer is acting in the course of business, the courts of England and Wales will have jurisdiction over disputes arising from the Contract.
Where the Customer is a consumer, nothing in this clause removes any mandatory rights they may have concerning where legal proceedings may be brought.
Contact ERLAND LOGISTICS LTD
172 Cambridge Street, Rugby, CV21 3NP
Email: info@erlandlogistics.co.uk
Telephone: 07895 533770