Bar 1 Freight

Summary of Principal Terms & Conditions

This Summary of Principal Terms & Conditions is not a comprehensive statement of the terms and conditions of business of Bar 1 Freight (“B1F”). A full statement of our Terms and Conditions of Business is available upon request. Where there is any variance between this Summary and the full statement of Terms and Conditions of Business, the latter shall prevail.

When an order is given to B1F to provide courier services it is an offer to make use of those services. A binding contract between B1F and a consignor will come into being when B1F accepts the consignor’s offer. “Consignment” means the goods carried by B1F. A Consignment may be carried by whatever method, vehicle and route chosen by B1F and on a limited liability basis as set out below.

“Consignor” means a person or company who orders from and agrees courier services with B1F.

1. Dangerous or Illegal Consignments

B1F will not carry a Consignment the contents of which are dangerous or illegal, in particular without limiting the generality of the foregoing if it contains:

1.1 noxious, dangerous, hazardous, explosive or inflammable items, firearms including parts of firearms, ammunition or detonators, or any goods likely to cause damage;

1.2 goods which might endanger human or animal life, which might taint or otherwise damage other goods being transported by B1F, or the carriage, import or export of which is prohibited by applicable law;

1.3 any written, printed or pictorial matter which is or might reasonably be held to be obscene, blasphemous, scandalous, defamatory, proscribed or prohibited in any country from, to or through which carriage is to take place; or

1.4 any article the possession of which is unlawful by the law of any country from, to or through which carriage is to take place.

2. Delivery

Save for the purposes of clause 4.2, time for collection or delivery shall not be of the essence. B1F undertakes only to deliver to the delivery address given by the Consignor and not to any specified person. If B1F cannot effect delivery, if the recipient refuses to accept delivery, or if the delivery address is incorrect, B1F shall notify the Consignor and hold that Consignment to the Consignor’s order or, at B1F’s discretion, return the Consignment to the Consignor, in which case the Consignor shall be responsible for paying all applicable charges calculated according to B1F’s prevailing rates. If an undelivered Consignment is held by B1F and is not claimed within six months of B1F notifying the Consignor, or if B1F is unable to contact the Consignor, B1F shall be entitled to deal with the Consignment as B1F reasonably sees fit.

3. Inspection

B1F reserves the right to open, inspect or scan a Consignment at any time.

4. Charges

4.1 The Consignor shall pay the agreed charges to B1F on or before the collection of any Consignment or upon delivery, at B1F’s discretion. The Consignor shall pay or reimburse B1F for all taxes, duties or levies on the Consignment. If the Consignor cancels the carriage before collection or delivery the agreed charges shall be payable and the Consignor shall pay all fees, liabilities or expenses unavoidably incurred by B1F in connection with the cancellation of such carriage including the return of the Consignment to the Consignor.

4.2 In the event that B1F is kept waiting at a collection or delivery point for a period in excess of 20 minutes the Consignor shall pay a charge of £15 per half-hour or part thereof, subject to a minimum charge of £30.

5. Insurance

If the Consignor so requests, B1F shall at the Consignor’s expense insure the contents of a Consignment while in B1F’s custody for their full market value. Where the Consignment and its contents are so insured, B1F shall be under no liability to the Consignor for any matter in respect of which a claim has been made or could be made under that policy.

6. Liability

6.1 Limitation

B1F’s liability is limited to direct loss only and to the lesser of the market value or the replacement cost to the Consignor, or the cost of repair if less in the case of damaged goods. B1F shall not be liable for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that Consignor of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill.

6.2 Delay

B1F shall not be liable for delay in delivery resulting from the unavailability at the delivery address of the named recipient or the impracticability of complying with any special delivery instructions.

6.3 Circumstances Beyond B1F’s Control

B1F shall not be liable for any loss, damage, mis-delivery or delay in delivery occasioned solely or principally by any circumstances beyond its control, including but not limited to:

.1 act of God, the effect of ionising radiation or uncontrolled nuclear reaction, act of war, hostilities, riot or civil commotion, or the threat or fear of such conditions prevailing;

.2 criminal, malicious or negligent acts or omissions of third parties;

.3 any industrial action;

.4 any suspension or cancellation of transport services by reason of the presence, threat or fear of bad weather, fire, flood or any of the matters set out in this clause 8.4.2; and

.5 traffic congestion, mechanical breakdown, or the obstruction of any public or private highway.

6.4 Time limit for claims

The Consignor must submit a claim for compensation with appropriate supporting evidence within 14 days, failing which B1F shall have no liability whatsoever.

7. Warranties and Indemnities

7.1 The Consignor represents warrants and undertakes that:

.1 he is either the owner or the authorised agent of the owner of any goods which he requests B1F to carry;

.2 a Consignment submitted to B1F for carriage shall be properly labelled and prepared by him and protected against unauthorised interference during their preparation, storage and transport to B1F; and

.3 he is authorised to accept and accepts these Conditions not only for himself but also for all other persons who are or may subsequently become interested in the goods.

7.2 The Consignor shall indemnify and hold harmless B1F from and against all Claims and Losses arising from loss, damage, liability, injury to B1F, its employees and third parties by reason of or arising out of any breach of the Consignor’s obligations under this Agreement. “Claims” shall mean all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise); and “Losses” shall mean all losses including without limitation financial losses, damages, legal costs and other expenses of any nature whatsoever.

8. Law

The validity, construction and performance of this Agreement shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which the Parties submit.

9. Severability

If any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.