These terms and conditions outline the rules and regulations for the use of The Transporterz Group LTD's Website, located at https://thetransporterzgroup.co.uk. By accessing this website we assume you accept these terms and conditions. Do not continue to use The Transporterz Group if you do not agree to take all of the terms and conditions stated on this page

 

Definition

1 In these terms and conditions, unless the context otherwise permits or requires the following

expressions shall have the following meanings.

  • “The carrier” means The Transporterz Group
  • “The client” means any person, firm or company requesting the carrier to transport a consignment and includes any servant agent or sub contractor of the client.
  • “Consignment” means any communication, parcel, package, envelope, letter or other items contained in one parcel, envelope or package or any number of separate parcels,envelopes or packages sent at one time, in one load, at the request of the client from any one collection point to any one or more delivery points.
  • “Collection Point” means the address at which any consignment is to be collected or received by the carrier.
  • “Delivery Point” means the address to which any consignment is to be delivered by the carrier including any alternative delivery point specified by the client under Clause 7 below.
  • “Dangerous Goods” means any goods that fall within the scope of the Carriage of Dangerous
  • Goods and Use of Transportable Pressure Equipment Regulations 2007 (CDG 20076).

 

Acceptance of terms and conditions

2. Any business undertaken by the carrier or any information advice or service supplied by the Carrier, (whether charged for or not) is undertaken or provided subject to these

Terms and Conditions which shall be the terms of any contract for delivery of Consignments between the Carrier and the Client.

These Terms and Conditions subject to and together with any variation in writing between the Carrier and the Client shall constitute the entire contract between the Carrier and the Client and shall override or supercede any previous agreement or arrangement between the Carrier and the Client and in particular shall operate to the exclusion of any terms and conditions at any time imposed by the Client. On acceptance by the Carrier of any Consignment the Client shall be deemed to have accepted these Terms and Conditions.

3. The Client acknowledge that it has not entered into this Agreement relying upon any representation inside by or on behalf of the Carrier and without prejudice to the generality of the foregoing, the Client has not relied upon any correspondence, Statement or sales literature issued by or on behalf of the Carrier.

4. The Carrier is not a common carrier and will only carry Consignments subject to these Terms and Conditions. The Carrier reserves the right at its absolute discretion to:

  • Subcontract any part or parts of a delivery;
  • Refuse to accept any Consignment or part thereof for delivery;
  • Deliver the Consignment by any available route.

Without prejudice to the provisions of Clause 3 above, the Client acknowledges that the Carrier is under no obligation to accept Dangerous goods for delivery,

5 The Client hereby warrants that,

  • The Consignment does not constitute or contain Dangerous goods, or any substance the possession, storage or delivery of which is a criminal offence or a breach of the provisions of any relevant statue regulation or bye-law under the laws of any part of the United Kingdom or of any justification to or through which the Consignment is to be delivered or in which it may be stored;
  • The Client has the authority in respect of the Consignment to authorise collection and delivery by the Carrier from the Collection Point to the Delivery Point.
  • The Client hereby agrees to indemnify the Carrier against and hold the Carrier harmless from any loss damage claim cost or expense which the Carrier its employees sub-contractors or agent may incur directly or indirectly as a result of any breach of the warranty given in Clause above.

 

Deliveries

6. The Carrier shall use its reasonable endeavors to deliver the Consignment to the Delivery Point within the time specified by the client, but time of delivery shall not be of the essence unless agreed by the Carrier in writing prior to the placing of the order,

The Carrier shall take all reasonable steps to obtain a receipt from the consignee and such receipt shall be conclusive evidence of the date, time and place of delivery.

7. The Carrier shall make one attempt to deliver Consignment to the Delivery Point within the delivery time specified by the Client. If the Consignment cannot be delivered the Carrier will have the option to either make further attempt to deliver the Consignment to the Delivery Point or to deliver the Consignment to any other Delivery Point specified by the Client, in either event at the Client's cost.

If delivery does not take place under the provisions of previous clause other than by reason of any failure or default of the Carrier its employees agents or sub-contractors or if the Client does not specify an alternative Delivery Point within 24 hours of being requested to do so by the Carrier, the Client shall be liable to the Carrier for all storage charges incurred by the Carrier between the date on which delivery was first attempted and the date on which delivery is mode under the provisions of Clause 7 (3) below.

If delivery does not take place under the provisions of previous Clause the Carrier shall be entitled to dispose of the Consignment or any part thereof at any time after giving the Client 7 days written notice of its intention to do so.

The Carrier shall be under no obligation to deliver a Consignment or Consignments as a whole at any one time and shall be free in its absolute discretion to make more than one delivery to deliver in parts.

 

Additional Services

8. The Carrier shall not be under any obligation to provide any plant equipment, machinery, power or labour which may be required for loading or unloading the Consignment at the Collection Point or the Delivery Point.

9. Any Consignment or part thereof requiring any special appliance or equipment for loading on to and/or unloading from any vehicle is accepted for carriage only on the condition that the Client has duly ascertained that such appliances are available at the Collection Points and the Client shall be responsible for the provision and cost of such Appliances or Equipment.

10. Any assistance given by the Carrier beyond the usual act of collection or delivery (including without prejudice to the generality of the foregoing the provision of plant machinery, equipment power or labour for loading or unloading at the Collection or Delivery Points) shall be at the sole risk of the Client who will save harmless and keep the Carrier indemnified against any damage, expense, loss, costs, claims or demands (including without limitations damage to the Consignment or to any property of the Client, the Carrier, the consignee or any third party whether or not arising out of the negligence of the Carrier its employees agents or subcontractors) arising directly or indirectly from the provision of such assistance.

 

Liability for loss and damange

11. Subject to the provision of Clauses 6, 10 and 2 the Carrier shall not be liable for any loss mis-delivery non-delivery or damage to any Consignment unless such loss, mis-delivery non-delivery or damages has arisen from any wilful default by or negligent act or omission of the Carrier, its employees, agents or sub-contractors.

 

Limitation of liability

12. Subject to Clauses 6, 10 and to Clause 11 hereof the liability of the Carrier to the Client arising from any loss or damage to any Consignment or for non- delivery or mis-delivery thereof shall be limited to the reasonable market value of the Consignment whether such loss or damage non delivery or mis-delivery arises by reason of breach of contractor negligence on the part of the Carrier or its employees, agents or sub-contractors or otherwise howsoever, Provided that:

  • The liability of the Carrier shall in any case be limited to £30,000 per vehicle for goods carried except where the client requests an overnight service for delivery to be made the following working day, in which case liability shall be limited to £100 per Consignment.
  • The Carrier shall not in any case be liable for any indirect consequential or economic lossor damage incurred by the Client or any third party.
  • The Carrier shall not be liable in respect of any loss or damage to any Consignment that cannot be carried within lockable equipment normally provided by any vehicle requested by the Client by the Carrier for delivery of such Consignments or if the Consignment is not properly packed or prepared for transit in parcels, envelopes or packages suitable for transit of goods, items or matters of the nature comprising the Consignment or any part thereof.
  • The Carrier shall be entitled to receive written evidence to its reasonable satisfaction of the value of Consignment damaged or lost,
  • The Carrier shall not be liable for loss of or damage to non-delivery or mis-delivery of any cash, notes, stamps, deeds, tickets, cheques, travellers cheques, jewellery, watches, precious metals, works of art or similar valuable articles,

The Carrier shall not be liable for any loss of damage suffered by reason of:

  • The failure of the Client to properly address the Consignment.
  • Delivery of the Consignment in good faith at the Delivery Point to a person claiming to be consignee of his or its employee agent or sub-contractor.
  • Any breach of the warranty given by the Client in Clause 5 above.
  • The inability of the Carrier to perform its obligations due to any circumstances beyond the reasonable control of the Carrier including (without prejudice to the generality of the foregoing) any strike lock-out, state of hostilities or climatic conditions,
  • The Carrier shall not be liable for any loss of or damage to any Consignment unless a claim is made upon the Carrier in writing.
  • Within seven days after completion of the delivery; or in the case of loss non-delivery or mis-delivery, within fourteen days of acceptance by the Carrier of the Consignment concerned.
  • The Carrier shall not be liable for any damage to or deterioration of perishing of goods of a perishable or fragile nature except where such damage deterioration or perishing occurs by reason of any default or neglect on the part of the Carrier its employees or agents or sub-contractors (and subject always to the provisions of Clauses 6 and 12 or for reasonable wear and tear incurred during transit or storage,
  • The limit referred to in Clause 12 shall only apply to loss or damage occurring within the geographical limits of Great Britain, Ireland, the Channel Islands and the Isle of Man, including journeys within these areas. For deliveries outside these areas, liability shall be restricted to the amount recoverable by the Carrier and actually recovered (whether under any convention relating to international carriage of goods from the time in force or otherwise) from the international agent or carrier chosen at the Carrier.s absolute discretion to deliver the Consignment.

The Carrier and the Client have freely and openly negotiated this Contract in the knowledge that the liability of the Carrier is to be limited in accordance with these Terms and Conditions and the price charged by the Carrier has been calculated accordingly.

The Client acknowledges that a greater price would be payable but for such limitation. It is intended that the terms and conditions should be reasonable as between the Carrier and the Client having regard to the nature of the contract but if at any time any of them is either unforceable or void at law it shall not adversely affect or prejudice the remainder of them or the Contract and it shall be deemed to the excluded from these terms and conditions.

 

Charges

13 The Client shall in respect of delivery of any Consignments pay the Carrier.s charges in accordance with the Carrier.s current tariff of charges within thirty days from the date of the Carrier.s invoice thereof, The Carrier reserves its right to increase its charges at any time. The tariff of charges is available for inspection by the Client, (and a copy will be provided on request) and the tariff shall be deemed to have been inspected by the Client whether or not actually inspected.

The Carrier may at its absolute discretion withdraw credit facilities at any time,

No quotation or estimate of charges given by the Carrier shall bind the Carrier unless expressed in writing to be a fixed quotation with a date to which such fixed quotation shall be valid in which case the quotation or estimate must be accepted by the Client and delivery must take place prior to that date.

14 The Client shall pay to the Carrier VAT on all monies due to the Carrier at the appropriate rate in force from time to time.

15 Unless paid within thirty days of the date of invoice from the Carrier, the Carrier shall be entitled to interest on any unpaid sum at the rate of 20% per month computed from the date of any such unpaid invoice or invoices until the payment of such sum and computed on a daily basis both before and after judgment,

16 For the purpose of the Terms and Conditions, the price stated in the current tariff of charges of the Carrier on the Clients behalf shall be added to such sum with VAT (where applicable) at the appropriate rate.

17 All monies due to the Carrier shall be payable in sterling in England

18 The Carrier shall have lien over any or all Consignments in respect of any unpaid invoices whether relating to a particular Consignment or otherwise and the Client appoints the Carrier its attorney and agent to sell or otherwise dispose of the same and to apply the net sale proceeds in reduction or extinguishment of the Client.s liability to the Carrier.

19 No payments due to the Carrier from the Client shall be withheld by the Client in respect of any claim or alleged claim by the Client or the consignee against the Carrier howsoever arising and whether by way of set-off, counterclaim or otherwise.

20 The Client agrees to indemnify the Carrier for all costs and expenses including legal fees and expenses on a Solicitor and own Client basis in respect of the recovery of any Outstanding amounts due under Contract,

 

Law and jurisdiction

21 These Terms and Conditions shall be subject to the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the Courts of England and Wales.

Goods travelling through the The Transporterz Group have standard cover.

This can be increased if required upon agreement and payment of an additional charge in advance of the collection of your goods. As we are not the goods owners the insurance only covers our legal liability to you.

 

Limitation of Liability

22. Except as otherwise provided in these Conditions, the liability of the Carrier in respect of claims for physical loss, mis-delivery of or damage to goods comprising the Consignment, howsoever arising, shall in all circumstances be limited to the lesser of

  • The value of the goods actually lost, mis-delivered or damaged; or
  • The cost of repairing any damage or of reconditioning the goods;

In simple terms this means that:
The basis of settlement for ALL claims for loss, damage or mis-delivery under RHA (Road Haulauge Association) is the lesser of:

  • The cost price of the lost, damaged or mis-delivered goods
  • The repair cost of the damaged goods

Please do not hesitate to contact us if you wish to know what cover options are available to you.
If this value is even more than the increased insurance cover, we recommend you consider arranging your own specialist Goods in Transit insurance if you do not already have this in place.

 

Timescales

23. You must notify us of a claim within the required timescales of the applicable Carriage conditions.

  • Inform us of damage, in writing (i.e. email), as soon as possible and no later than 7 working days of the delivery date
  • Please e-mail us on claims@thetransporterzgroup.co.uk within 7 working days of the delivery date

 

Full Consignment / a pallet(s) missing

  • Inform us writing/e-mail of intention to claim, immediately you are aware of the issue and no later than 7 working days from when goods were due to be delivered requesting a Customer Claim Form.
  • Return the completed Customer Claim Form back to us within 7 days of the delivery date (ideally including ALL of the information requested within the Claim Form)

If the written intent to claim and claim form are not received within the required timescales, the claim may be rejected unless there are specific and reasonable reasons behind the delay.

Claiming for Damage – Clean POD / ‘Unchecked POD’ – POD (Proof of Delivery)

24. If the consignment was delivered and the recipient signed the delivery note/ePOD device without noting any damage, then this is considered a Clean POD. This will be taken as “Prima Facie” (based on first impression / accepted as correct) evidence that the goods were delivered in the same condition as they were collected. As such, the damage/loss may have occurred prior to collection, after the delivery was made and not whilst being moved through The Transporterz Group network.

Damage noted after delivery should be reported to us immediately with good quality photographs (including the packaging) and a satisfactory explanation as to why the damage/loss was not noted at the time of delivery.

It is important that your end customers check for visible damage to the packaging before they sign the proof of delivery and then unpack the delivery, checking for any concealed damage.

 

Claim value

25. The value of the claim is required to be evidenced by the goods owners, so you will need to provide documentation to support your claim as detailed in the customer claim form.

  • Where you have provided replacement goods to the customer, then you can claim for the actual cost price of the damaged goods up to the limit of liability.
  • Where you haven’t provided replacement goods to the customer, for example the order has been cancelled or the goods were unique, then you can claim for the actual sales price of the
    damaged goods up to the limit of liability as you are unable to replace that sale. You will be asked to provide evidence in support.

You can only claim for those goods that are actually damaged, lost or mis-delivered
E.g. if a pallet was sent containing a matching set of products such as a kitchen suite but only one of the items was damaged (e.g. the oven) then you can only claim for the damaged item irrespective of whether or not you believe that the damage has affected the value of the other parts of the pallet.

You may be entitled to claim for some additional costs (other than physical loss / damage for example additional transport costs. Any additional costs are however limited to a maximum of the
original transport costs paid for the consignment.

Where the goods have been accepted by the end customer and you have repaired the damage or provided the customer with a discount to retain the goods, you can only claim for either the cost price or the discounted amount, whichever is the lower value. You must also provide evidence of this arrangement.

 

Disposal of damaged / alleged contaminated product

26. You should ensure that any damaged goods being claimed for are retained and not disposed of until after the claim has been settled. Should it be required that the goods are disposed due health and safety reasons then advise us immediately so that we can obtain insurers instructions. A Disposal Certificate should also be obtained and retained as evidence.

Any damaged item(s) or individual parts must be retained and photographs taken before, during and after its inspection and accompanied by an engineer’s / surveyor’s report, submitted stating exactly what damage has been found and should also include itemised repair invoices If the item(s) are uneconomical to repair or have nil salvage value then you must provide adequate evidence to support this position.

 

Website compliance

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person that visits this website and are compliant to the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services, in accordance with and subject to, prevailing law of Great Britain and United Kingdom. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 

Cookies

27. We employ the use of cookies. By accessing The Transporterz Group, you agreed to use cookies in agreement with the The Transporterz Group LTD's Privacy Policy.

Most interactive websites use cookies to let us retrieve the user's details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

 

License

28. Unless otherwise stated, The Transporterz Group LTD and/or its licensors own the intellectual property rights for all material on The Transporterz Group. All intellectual property rights are reserved. You may access this from The Transporterz Group for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from The Transporterz Group
  • Sell, rent or sub-license material from The Transporterz Group
  • Reproduce, duplicate or copy material from The Transporterz Group
  • Redistribute content from The Transporterz Group
  • This Agreement shall begin on the date hereof 05/05/2024

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. The Transporterz Group LTD does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of The Transporterz Group LTD,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, The Transporterz Group LTD shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

The Transporterz Group LTD reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

 

Your warrant and representitive 

29. You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
    You hereby grant The Transporterz Group LTD a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

 

Hyperlinking to our Content

30. The following organizations may link to our Website without prior written approval:

Government agencies;

Search engines; News organizations;

Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: is not in any way deceptive; does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

commonly-known consumer and/or business information sources;
dot.com community sites;
associations or other groups representing charities;
online directory distributors;
internet portals;
accounting, law and consulting firms; and
educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: the link would not make us look unfavorably to ourselves or to our accredited businesses; the organization does not have any negative records with us; the benefit to us from the visibility of the hyperlink compensates the absence of The Transporterz Group LTD; and the link is in the context of general resource information.

These organizations may link to our home page so long as the link: is not in any way deceptive;  does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and fits within the context of the linking party's site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to info@thetransporterzgroup.co.uk. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

By use of our corporate name; or
By use of the uniform resource locator being linked to; or
By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.
No use of The Transporterz Group LTD's logo or other artwork will be allowed for linking absent a trademark license agreement.

 

iFrames and code linking

31. Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

 

Content Liability

32. We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

 

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it's linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

 

Removal of links from our website

33. If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

 

Disclaimer

34. To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

limit or exclude our or your liability for death or personal injury;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: are subject to the preceding paragraph; and govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.