Terms & Conditions

Terms and Conditions – Peter Thomas Logistics Ltd.

1. Definitions
In these Terms:

• “You” / “Your” means the customer requesting our delivery services, including any employee, agent or subcontractor acting on your behalf.
• “We” / “Us” / “Our” means Peter Thomas Logistics Ltd and any of its subsidiaries.
• “Consignment” means any item or items (including packaging) that we collect and transport from one address to another on your instructions.
• “Dangerous Goods” means any goods that could pose a risk to health, safety or the environment. This includes (but is not limited to) explosives, radioactive materials and items that require specialist handling.
• “Proof of Delivery” means a signature, company stamp or electronic confirmation obtained from the consignee confirming receipt of the Consignment.

2. Basis of Contract
These Terms govern every delivery service we provide and replace any previous agreement between us. They can only be varied if our Managing Director confirms the change in writing. These Terms take precedence over any terms you may try to impose on your suppliers. By asking us to collect or deliver a Consignment you accept these Terms in full. We are not a common carrier. We reserve the absolute right to:

• subcontract all or part of any delivery (and our subcontractors may further subcontract);
• refuse to accept any Consignment or part of a Consignment;
• refuse to carry Dangerous Goods.

English law applies to these Terms and any dispute will be resolved in the English courts. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force. Failure by either party to enforce a right does not constitute a waiver of that right in the future.

3. Our Service Obligations
We may refuse any Consignment and may inspect goods if we reasonably suspect these Terms have been breached. We decide the method and route of delivery and may use subcontractors or agents. Your rights remain the same when we do so. No subcontractor or agent has greater liability to you than we do, and they are entitled to the same limitations of liability set out in these Terms. We will use reasonable endeavours to meet requested timescales. Unless we have agreed a specific delivery time in writing before collection, we are not liable for any loss or expense caused by late delivery. We will make reasonable efforts to obtain Proof of Delivery. A Proof of Delivery is conclusive evidence that the Consignment was delivered complete and in good condition unless the consignee notes otherwise at the time of delivery. We are not liable for loss or mis-delivery where delivery is made in good faith to a person claiming to be the consignee or their representative. Requests for a copy Proof of Delivery must be made within 30 days of despatch. Later requests are dealt with at our discretion. Payment of our charges is never conditional on receipt of a Proof of Delivery. We retain original Proofs of Delivery and related paperwork for at least 12 months from the date of collection, after which we may destroy them. We will attempt delivery once. If unsuccessful we may, at your cost and after consulting you, make a further attempt, deliver to an alternative address, or return the Consignment. If delivery still cannot be completed we will give you 10 days’ notice of our intention to sell or dispose of the goods. Net proceeds (or disposal costs) will be applied to your account. We may retain any of your Consignments until all outstanding sums owed to us are paid (whether or not related to those particular goods). After 14 days’ written notice we may sell the retained goods and apply the net proceeds to your account.

4. Late Fees and Cancellation Charges
A 30-minute grace period applies from the booked time slot. After the grace period a late waiting charge of £20 is payable for every additional 30 minutes (or part thereof). If waiting time exceeds one hour we reserve the right to cancel the collection. In that event a cancellation fee equal to 50% of the job value or £100 (whichever is the lower amount) will be charged.

5. Liability
Our liability is strictly limited to the cost of repair or replacement of the goods in the Consignment, subject to the limits below. We are not liable for any consequential, indirect or economic loss suffered by you or any third party. We are not liable for loss, damage, delay or mis-delivery caused by:

• war, terrorism, riot, strike, lock-out or similar industrial action;
• natural disasters, extreme weather or floods;
• seizure or detention by any public authority;
• incorrect, incomplete or ambiguous addressing or documentation supplied by you;
• inadequate packaging;
• natural wastage of perishable or fragile goods;
• traffic congestion or delay;
• any other event reasonably beyond our control.

Where loss or damage is our fault, our maximum liability is £10.00 per kilogram up to a maximum of 500 kg per Consignment. Our insurance excess is £250. Higher cover can be arranged for an additional charge if you notify us in writing before collection and agree the extra premium. Blanket additional cover can also be arranged by prior written agreement. We accept no liability for cash, notes, money orders, vouchers, credit cards, stamps, deeds, passports, tickets, travellers’ cheques, jewellery, precious stones, watches, precious metals, works of art, antiques, china, glass, living creatures or any similar high-value items. Claims for shortage or damage must be submitted on our claim form within 7 days of delivery. Claims for total loss must be submitted within 14 days of despatch. We may require written evidence of value and, where appropriate, a repair estimate. We reserve the right to settle at repair cost only. Where we settle at replacement value the damaged goods become our property and must be returned to us. You must continue to pay our invoices in full and on time even if a claim is outstanding.

6. Charges and Payment
Any additional expenses we incur (tolls, parking charges, disposal fees, etc.) will be added to your invoice and are payable with the delivery charges. Quotations are valid for 30 days unless otherwise stated. Acceptance of a quotation occurs when you instruct us to perform the quoted work. Delivery must take place within 30 days of the quotation date or revised rates may apply. Only written quotations are binding; verbal estimates are given as a guide only. We may revise our charges or these Terms from time to time and will give you reasonable advance notice of any changes. Invoices (including VAT) must be paid in full, without deduction (other than any credit notes we issue), within 45 days of the invoice date and in sterling. Queries on invoices must be raised in writing to our accounts department within 7 days of the invoice date; after that period the invoice is deemed accepted. If payment is not received within 45 days of the invoice date we may charge interest at 5% per month (or part thereof) from the invoice date until payment. If we take legal action to recover sums due, you will also be liable for our legal costs and interest.

7. Your Obligations
Before booking a collection you must ensure that:

• if you are not the owner of the goods you have the owner’s authority to enter this agreement;
• the goods are not Dangerous Goods, do not present health or safety risks, and their carriage is not a criminal offence or breach of any regulation;
• only authorised individuals place bookings with us and supply any required purchase-order or reference numbers at the time of booking (failure to do so does not allow you to withhold payment later);
• the Consignment is correctly addressed and adequately packaged (we may refuse or repack inadequately packed goods at your cost);
• appropriate insurance is in place for the level of cover you require.

Any HM Customs claims or demands in respect of dutiable goods must be paid on demand. If special equipment or extra manpower is required for loading or unloading you must ensure it is available at both addresses. Any resulting waiting, storage or redelivery costs will be charged to you. Unless we are shown to be at fault you will indemnify us against all claims and losses arising from our carriage of your Consignments. If you claim for damage you must keep the goods and all packaging available for inspection by us or our loss adjusters. If, within three months of an employee or subcontractor leaving us, you engage that person (or arrange for someone else to engage them), you will pay us a fee equal to that person’s last three months’ gross earnings while working for us. We both agree this is a fair estimate of our recruitment and training costs.

These Terms are the complete agreement between Peter Thomas Logistics Ltd and you for the services we provide.