Terms & Conditions
General and Standard Terms
1. Our terms and conditions (“the Terms”) consist of:
1.1 General Terms which apply to all the services which we offer and the particular set of those industry Standard Terms set out in clause 6 of these General Terms below which is applicable to the service for which we are engaged.
1.2 The applicable Standard Terms are incorporated into the Terms to the extent that they are not inconsistent with the General Terms.
Incorporation of Terms
2. Subject to any variation under clause 2.2 the contract between us shall be on the Terms to the exclusion of all other contrary terms and conditions (including any terms or conditions which you may purport to apply under any purchase order, confirmation of order, specification or other document).
2.1 No terms or conditions endorsed on, delivered with or contained in your purchase order, confirmation of order, specification or other document shall, form part of the contract between us simply as a result of such document being referred to in the contract.
2.2 Any variation to the Terms and any representations about the services to be provided by us shall have no effect unless expressly agreed in writing and signed by a director of On Logistics Ltd.
2.3 Each order or acceptance of a quotation for services by you shall be deemed to be an offer by you to buy services subject to the Terms.
2.4 No order placed by you shall be deemed to be accepted by us until a written acknowledgement of order is issued by us or (if earlier) we perform the services.
Limitation of our liability to you
3. Other than in relation to parcel services for which our liability is as set out in clause 7, our liability to you is limited as set out in the relevant Standard Terms. This applies whether we act as your agent or your supplier provided that nothing in the Terms shall exclude any liability of ours for death or personal injury caused by our negligence or for fraud or for fraudulent misrepresentation by us or our employees.
3.1 You should arrange insurance on the basis of the liability position set out in clause 3.
3.2 Alternatively, if you do not agree to the limitation of our liability set out in these Terms, you must notify us in writing before we are instructed by you so we can then investigate and discuss with you, and will advise if the limitation on liability may be varied and at what additional cost to you.
4. Unless otherwise stated, charges shown are exclusive of value added tax (“VAT”) and of any fee or charge which may be imposed from time to time by any Government or other authority.
4.1 Unless otherwise agreed, our charges to you are governed by our nominated carriers and can change from time to time at a frequency decided by our carriers. When charges change we reserve the right to either raise or reduce your charges in writing giving no less than 14 days’ notice.
5. Unless or until we agree to set up a customer account for you, payment is due to us in cash or by cheque on delivery of the services.
5.1 For customers with an existing account with us, our payment terms are 30 days from the date of our invoice provided that if any reasonable query in relation to payment of an invoice is notified to us in writing within 7 working days, the terms shall be 21 days of the date of our written response to the query. The time for payment is of the essence.
5.2 In the event of delay in payment of an invoice (other than as provided in clause 5.1), we reserve the right to suspend any existing or decline any further work for you at any time.
5.3 All payments to be received within 30 days from the invoice date, net cheques are accepted but BACS payment is preferred to the following Account:
On Logistics Ltd
Sort Code: 40-51-62
Account Number: 68370834
Industry Standard Terms
6. The industry’s Standard Terms applicable to specific services provided by us are:
RHA – Road Haulage Association Limited Condition of Carriage 1998 – applicable for road transport services within the United Kingdom and for the purposes of which we are “the Carrier” and you are “the Customer”;
CMR – Convention on the Contract for the International Carriage of Goods by Road, 19 May 1956 – applicable for non-UK, international road transport services, where you are “the Sender” and we are “the Carrier”‘
UKWA – United Kingdom Warehousing Association Contract Conditions – for warehousing or storage of goods, where we are “the Company” and you are “the Customer”
6.1 The above Standard Terms are generally available on the internet. If you have difficulty in locating Standard Terms or require us to provide a copy, you should notify us before instructing us and we will then provide a copy.
6.2 Where we are instructed to provide services which involve more than one of the services set out in clause 6, then to the extent that in relation to the issue in question the Standard Terms are inconsistent (and notwithstanding any contrary provision in relation to priority set out in any Standard Terms) they shall be applied in the following order of priority:
7. In all circumstances where we provide parcel delivery services we will do so as your agent and the terms of business applying between you and the carrier instructed by us in our discretion on your behalf will be the terms of the carrier. Subject to the exclusions set out in paragraph 3 of these General Terms our liability to you in relation to parcel delivery services shall be limited to £100 or £10 per kilogram of the goods carried by us for you whichever is the lower.
7.1 Any claim which you have against us in relation to lost or damaged parcels should be sent to us in writing (which includes sending us notice to our email or facsimile addresses) within the following time limits:
7.2 For goods with a delivery address within the UK, we must receive notice of your claim within three working days of the scheduled delivery date and receive full details of your actual claim within seven working days of the scheduled delivery date.
7.3 For all other claims not covered in clause 7.1 and 7.2; we must receive notice of the claim within five working days of the scheduled delivery date and full details of the actual claim within ten working days of the scheduled delivery date.
8. There is a fuel surcharge payable on all road transport services which we supply to you linked to the cost of fuel. The fuel surcharge is calculated as a percentage of the net invoice value to you (before the surcharge and VAT). The applicable percentage value of the surcharge is the percentage rate as shown from time to time on our website (or available from us on request) at the date of our invoice.