Terms and Conditions of Service
Tank Logistics Ltd Terms and Conditions
56 Hubert Road, Rainham, England, RM13 8AB
(hereinafter referred to as “the Company”) accepts goods for carriage only upon that condition and the Conditions set out below. No servant or agent of the Company is permitted to alter or vary these Conditions in any way unless expressly authorised in writing to do so by a Director or other authorised person. If any legislation is compulsorily applicable to the Contract and any part of these Conditions is incompatible with such legislation, such part shall, as regards the Contract, be overridden to that extent and no further.
Terms and Conditions of Service
1. Definitions
“CEDR” refers to the Centre for effective dispute resolution.
“Company” refers to Tank Logistics Ltd.
“Client” refers to the party requesting the logistics services.
“Dangerous Goods” means goods of any nature including those listed in the approved Carriage list which represent a hazard, or include radioactive material and explosives of any nature.
“Goods” refers to any items the Client has contracted the Company to transport.
“Services” includes Dedicated Delivery, Pallet Distribution and Haulage, and Time-Sensitive Delivery provided by the Company.
“Service Agreement” means the agreement.
“Force Majeure” includes any unforeseeable and unavoidable events that prevent the Company from fulfilling its contractual obligations.
2. Scope of Services
2.1 The Company provides logistic services, including the carriage of goods, pallet distribution, and haulage in Essex and its borders.
2.2 The Company will not transport goods that exceed the size or weight limits specified in the Service Agreement or that include Dangerous Goods unless pre-arranged and authorised.
2.3 The Company is not responsible for unpacking, setting up, or installation of goods at the delivery site, unless agreed upon in writing.
2.4 The Client contracts as the legal owner of the goods or as the authorised agent of such legal owner in which case the Client warrants that he has the authority to accept these Conditions on behalf of the legal owner.
2.5 Unless written instructions to the contrary are received from the Client, the Company may sub-contract part or the whole of the carriage of the Goods.
2.6 Notwithstanding the provisions of the Condition 2.5, the Company may not sub-contract the carriage of Dangerous Goods without the prior written consent of the Client.
3. Dangerous Goods
3.1 Dangerous Goods must be disclosed by the Client and if the Company agrees to accept them for delivery they must be classified, packed, marked, labelled and documented in accordance with the statutory regulations for the carriage by road of the substance declared.
3.2 The Client shall be responsible for and indemnify the Company against any loss or damage and claims made upon the Company in respect of any injury to persons or damage to property arising from the non-compliance by the Client unless the Client proves that the loss, damage or injury was due to the negligence of the Company.
4. Service
4.1 The Company will make reasonable efforts to adhere to agreed delivery schedules. Time-sensitive deliveries will be prioritised, but the Company does not guarantee specific arrival times.
4.2 It is the Client’s responsibility to provide accurate pickup and delivery addresses. Access limitations or restrictions must be communicated to the Company in advance.
4.3 The Client is responsible for ensuring that all pallets are properly packed, labelled, and secured. The Company reserves the right to refuse transport of improperly prepared pallets.
4.4 The Company shall not be required to provide a service beyond the usual place of collection or delivery but if any such service is given by the Company it shall be at the sole risk of the Client.
5. Liability and Limitation of Liability
5.1 The Client must ensure that Goods are properly packaged for transit. The Company accepts no liability for damage resulting from inadequate packaging.
5.2 Unless otherwise agreed in writing between the Client and the Company prior to the commencement of carriage, the liability of the Company in respect of loss of or damage to goods whilst they are the responsibility of the Company shall be limited as follows:
5.2.1 where the whole or part of a delivery is lost or damaged, to a maximum rate of £1300 per tonne inclusive of all/any duties and/or taxes on the gross weight of the delivery or that proportion by weight of lost or damaged property as stated on the Delivery Note, or otherwise ascertained, or £5000 for the total delivery whichever is greater but not exceeding the actual value of the delivery or part of the delivery;
5.2.2 for the purpose of this Condition the value referred to is the valuation of the goods at the time they are accepted for carriage including all duties and taxes. Provided that no claim shall be accepted by the Company pending its receipt from the Client of proof of the value of the delivery or any part thereof.
5.3 The Company’s liability for any delay or consequential loss shall not exceed the amount of the claimant’s bona fide loss or the amount of the carriage charges whichever shall be the lower unless agreement has been made previously in writing between the Company and the Client for a specific level of liability for such delay or consequential loss.
5.4 In the event of delays due to unforeseen circumstances (e.g., traffic, weather), the Company will not be held liable for any resulting loss. A partial refund may be issued at the Company’s discretion.
5.5 The Company shall not in any circumstances be liable in respect of a delivery where there has been fraud on the part of the Client or the owner, or the servants or agents of either, in respect of that delivery, unless the fraud has been contributed to by the complicity of the Company or of any servant of the Company acting in the course of his employment.
6. Insurance and Client Indemnity
6.1 The Company provides limited insurance for Goods in transit, with coverage limits as specified in the Service Agreement. Clients requiring additional coverage should arrange for this independently.
6.2 The Client shall indemnify the Company against:
6.2.1 losses suffered by the Company arising from any act, omission, misdirection, mis-statement or negligence by the Client or its representatives, servants or agents;
6.2.2 Claims of any nature for loss or damage resulting from the carriage of Dangerous Goods where the Client’s obligations in Condition 3 Dangerous Goods above have not been met;
6.2.3 Claims and demands of any nature in respect of loss of or damage to the goods made by any third party additional to or in excess of the limits of liability of the Company set out in Condition 5 above;
6.2.4 any claims made or penalties imposed by the Commissioners of Customs and Excise in respect of dutiable goods; or
6.2.5 Claims and demands made by a third party attributable to lack of authority on the part of the Client to enter into the Contract upon these
Conditions.
7. Pricing and Payment Terms
7.1 The Client agrees to pay for services according to the rates listed in the Service Agreement, including any additional costs (e.g., fuel surcharges, waiting time, or out-of-hours charges).
7.2 Quotes are valid for 30 days from the date issued and may change due to alterations in service requirements.
7.3 Invoices are due within 28 days of receipt. Late payments may incur a fee of 8% per month
7.4 Charges shall be payable when due without reduction or deferment on account of any claim, counterclaim or set-off. If the Client becomes insolvent or any sums owed by the Client on any invoice or account with the Company become overdue for payment, any credit terms shall be cancelled with immediate effect and all invoices or accounts issued by the Company shall immediately be deemed due for payment and thereupon become payable.
8. Cancellations, Delays, and Rescheduling
8.1 The Client may cancel a booking with a minimum of 24 hours notice. Cancellations made within 24 hours of scheduled pickup may incur a 50% cancellation fee.
8.2 In case of delays, the Company will notify the Client as soon as possible. Rescheduling may be arranged at no additional cost.
8.3 The Company is not liable for delays or failure to deliver due to circumstances beyond its control (“Force Majeure”), including but not limited to natural disasters, war, strikes, or governmental actions.
9. LIENS
9.1 The Company shall have:
9.1.1. a particular lien on the Goods, and
9.1.2. a general lien against the Company for sums unpaid on any invoice, account or Contract whatsoever.
9.2 If such lien, whether particular or general, is not satisfied within a reasonable time, the Company may sell the Goods, or part therof, and apply the proceeds towards any sums unpaid and the expenses of the retention, insurance and sale of the Goods and shall, upon accounting to the Client for any balance remaining, be discharged from all liability whatsoever in respect of the Goods delivery.
9.3 The Company may exercise its lien on its own behalf or as agent for any assignee of its invoices at any time and at any place at its sole discretion whether or not sums have become payable in accordance with Condition 5(4) and whether or not the contractual carriage has been completed and these conditions shall continue to apply during the period of exercise of such lien.
10. Claims and Disputes
10.1 The Company shall not be liable for:
10.1.1 damage to the whole or any part of the delivery, or physical loss, mis-delivery or non-delivery of part of the Goods delivery unless advised in writing within seven days, and the claim is made in writing within fourteen days, after the termination of transit
10.1.2 any other loss unless advised in writing within twenty-eight days, and the claim is made in writing within forty-two days, after the commencement of transit. Provided that if the Client proves that,
(i) it was not reasonably possible for the Client to advise the Company or make a claim in writing within the time limit applicable, and
(ii) such advice or claim was given or made within a reasonable time, the Company shall not have the benefit of the exclusion of liability afforded by this Condition.
10.2 The Company shall in any event be discharged from all liability whatsoever and howsoever arising in respect of the delivery unless a notice in writing of a claim given to the Company within 28 days of the date when transit commenced.
10.3 In the computation of time where any period provided by these Conditions is seven days or less, Saturdays, Sundays and all statutory public holidays shall be excluded.
10.4 A signed Proof of Delivery document is required to confirm delivery. The burden of proving the condition of the delivery and its nature, quantity or weight at the time of collection shall rest with the Client. Any discrepancies must be noted at the time of delivery.
10.5 Dispute Resolution: In the event of a dispute, the parties will attempt to resolve it through negotiation or mediation in accordance with the Cedr Model Mediation Process (except a dispute for recovery of charges).
11. Responsibilities and Obligations of the Client
11.1 The Client is responsible for securely packaging and labelling Goods. The Company reserves the right to refuse transport of improperly packaged Goods.
11.2 It is the Client’s duty to provide accurate information regarding the nature of Goods, delivery addresses, and contact details. Inaccuracies may result in delays or additional charges.
11.3 The Client must ensure that both pickup and delivery sites are accessible for a vehicle. Any restrictions must be communicated in advance.
11.4 The Client shall be liable to pay demurrage for unreasonable detention of any vehicle, trailer, container or other equipment at the Company’s current rates of demurrage but the rights of the Company against any other person shall remain unaffected.
12. Confidentiality and Data Protection
12.1 The Company respects the confidentiality of all Client information and will not disclose any details regarding Goods or Services provided, except as required by law.
12.2 The Company complies with relevant data protection regulations and will handle any personal data in accordance with applicable law.
13. Termination of Service
13.1 Termination Clause: Either party may terminate the Service Agreement by providing 30 days’ notice in writing if the other party fails to fulfil its contractual obligations.
13.2 Effects of Termination: Upon termination, the Client is responsible for any outstanding fees, and undelivered Goods will be returned to the Client at their expense.
14. Governing Law and Jurisdiction
14.1 These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales.
14.2 The jurisdiction for any legal dispute shall be England and Wales.
15. Amendments to Terms
15.1 The Company reserves the right to amend these terms and conditions at any time. The Client will be notified of any changes, which will apply to future services.
15.2 By engaging the Company’s services, the Client agrees to abide by these Terms and Conditions. If you have any questions regarding this document, please contact us at 07512615250 / 07923003402.