All customers must agree and abide by the terms detailed below

Road Haulage Association Limited Conditions Of Carriage
1998

Dalkeith Transport Ltd RHA membership number 2995 (“the Carrier”)
is not a common carrier and accepts goods for carriage only upon that
condition and the Conditions set out below. No servant or agent of the
Carrier is permitted to alter or vary these Conditions in any way unless
expressly authorised in writing to do so by a Director, Principal, Partner
or other authorised person. If any legislation is compulsory 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.

1. Definitions

In these Conditions:

"Customer” means the person or company who contracts
for the services of the Carrier including any other carrier who gives
a Consignment to the Carrier for carriage.

“Contract" means the contact of carriage between the
Customer and the Carrier.

“Consignee” means the person or company to whom the
Carrier contracts to deliver the Consignment.

"Consignment” means goods, whether a single item or in
bulk or contained in one parcel, package or container, as the case
may be, or any number of separate items, parcels, packages or containers
sent at one time in one load by or for the Customer from one address
to one address.

“Dangerous Goods" means goods carried individually in
the Approved Carriage List issued from time to time by the Health
and Safety Commission, explosives, radioactive material and any other
goods presenting a similar hazard.

 

2 Parties and Sub-Contracting

1. The Customer warrants that he is either the owner of the Consignment
   or is authorised by such owner to accept these Conditions on such
   owner’s behalf.
2. The Carrier and any other carrier employed by the Carrier may
   employ the services of any other carrier for the purpose of fulfilling
   the Contract in whole or in part and the name of every other such
   carrier shall be provided to the Customer upon request.
3. The Carrier contracts for itself and as agent of and trustee
   for its servants and agents and all the carriers referred to in
   (2) above and such other carrier’s servants and agents and
   every reference in these Conditions to "the Carrier"
   shall he deemed to include every other such carrier, servant and
   agent with the intention that they shall have the benefit of the
   Contract and collectively and together with the Carrier be under
   no greater liability to the Customer or any other party than is
   the Carrier hereunder.
4. Notwithstanding Condition 2(3) the carriage of any Consignment
   by rail, sea, inland waterway or air is arranged by the Carrier
   as agent of the Customer and shall be subject to the Conditions
   of the rail, Shipping, inland waterway or air carrier contracted
   to carry the Consignment. The Carrier shall be under no liability
   whatever to whomsoever and howsoever arising in respect of such
   carriage: Provided that where the consignment is carried partly
   by road and partly by such other means of transport party loss,
   damage or delay shall be deemed to have occurred while the Consignment
   was being carried by road unless the contrary is proved to the
   carrier.

 

3 Dangerous Goods

Dangerous Goods must be disclosed by the Customer and if the Carrier
agrees to accept them for carriage they must be classified, packed
and labelled in accordance with the statutory regulations for the
carriage by road of the substance declared. Transport Emergency, Cards
(Tremcards) or information in writing in the manner required by the
relevant statutory provisions must be provided by the Customer in
respect of each substance and must accompany the Consignment.

 

4 Loading and Unloading

1. Unless the Carrier has agreed in writing to the contrary with
   the Customer:
   1. The Carrier shall not be under any obligation to provide
      any plant, power or labour, other than that carried by the
      vehicle, required for loading or unloading the Consignment.
   2. The Customer warrants that any special appliances required
      for loading or unloading the Consignment which are not carried
      by the vehicle will be provided by the Customer or on the
      Customer’s behalf.
   3. The Carrier shall be under no liability whatever to the
      Customer for any damage whatever, however caused, if the Carrier
      is instructed to load or unload any Consignment requiring
      special appliances which, in breach of the warranty in (b)
      above, have not been provided by the Customer or on the Customer’s
      behalf.
   4. The Carrier shall not be required to provide service beyond
      the usual place of collection or delivery but if any such
      service is given by the Carrier it shall be at the sole risk
      of the Customer.
2. The Customer shall indemnify the Carrier against all claims
   and demands whatever which could not have been made if such instructions
   as are referred to in (1)(c) of this Condition and such service
   as is referred to in (1)(d) of this Condition had not been given.

 

5 Signed Receipts

The Carrier shall, if so required, sign a document prepared by the
sender acknowledging the receipt of the Consignment but no such document
shall be evidence of the condition or of the correctness of the declared
nature, quantity, or weight of the Consignment at the time it is received
by the Carrier and the burden of proving the condition of the Consignment
on receipt by the Carrier and that the Consignment was of the nature,
quantity or weight declared in the relevant document shall rest with
the Customer.

 

6 Transit

1. Transit shall commence when the Carrier takes possession of
   the Consignment whether at the point of collection or at the Carrier’s
   premises.
2. Transit shall (unless otherwise previously determined) end when
   the Consignment is tendered at the usual place of delivery at
   the Consignee’s address within the customary cartage hours
   of the district: Provided that;
   1. if no safe and adequate access or no adequate unloading
      facilities there exist then transit shall be deemed to end
      at the expiry of one clear day after notice in writing (or
      by telephone if so previously agreed in writing) of the arrival
      of the Consignment at the Carrier’s premises has been sent
      to the Consignee; and
   2. when for any other reason whatever a Consignment cannot
      be delivered or when a Consignment is held by the Carrier
      ‘to await order’ or to be kept till called for’ or upon any
      like instructions and such instructions are not given or the
      Consignment Is not called for and removed within a reasonable
      time, then transit shall be deemed to end.

 

7. Undelivered or Unclaimed Consignments

Where the Carrier is unable for any reason to deliver a Consignment
to the Consignee or as he may order, or where by virtue of the proviso
to Condition 6(2) hereof transit is deemed to be at an end, the Carrier
may sell the Consignment, and payment or tender of the proceeds after
deduction of all proper charges and expenses in relation thereto and
of all outstanding charges in relation to the carriage and storage
of the Consignment shall (without prejudice to any claim or right
which the Customer may have against the Carrier otherwise arising
under these Conditions) discharge the Carrier from all liability in
respect of such Consignment, its carriage and storage:

Provided that:

1. the Carrier shall do what is reasonable to obtain the value
   of the Consignment; and
2. the power of sale shall not be exercised where the name and
   address of the sender or of the Consignee is known unless the
   Carrier shall have done what is reasonable in the circumstances
   to give notice to the sender or, if the name and address of the
   sender is not known, to the Consignee that the Consignment will
   be sold unless within the time specified in such notice, being
   a reasonable time in the circumstances from the giving of such
   notice, the Consignment is taken away or instructions are given
   for its disposal.

 

8. Carrier’s Charges

1. The Carrier’s charges shall be payable by the Customer without
   prejudice to the Carrier’s rights against the Consignee or any
   other person: Provided that when any Consignment is consigned
   ‘carriage forward’ the Customer shall not be required to pay such
   charges unless the Consignee fails to pay after a reasonable demand
   has been made by the Carrier for payment thereof.
2. Charges shall be payable when due without reduction or deferment
   on account of any claim, counterclaim or set-off. The Carrier
   shall be entitled to interest at 8 per cent above the Bank of
   England Base Rate prevailing at the date of the Carrier’s invoice
   or account, calculated on a daily basis on all amounts overdue
   to the Carrier.

 

9. Liability for Loss and Damage

1. The Customer shall be deemed to have elected to accept the terms
   set out in (2) of this Condition unless, before the transit commences,
   the Customer has agreed in writing that the Carrier shall not
   be liable for any loss or mis-delivery of or damage to or in connection
   with the Consignment however or whenever caused and whether or
   not caused or contributed to (directly or indirectly by any act,
   omission, neglect, defalt or other wrong doing on the part of
   the Carrier, its servants, agents or subcontractors.
2. Subject to these Conditions the Carrier shall be liable for:
   1. physical loss, mis-delivery of or damage to living creatures,
      bullion, money, securities, stamps, precious metals or precious
      stones comprising the Consignment only if:
      1. the Carrier has specifically agreed in writing to carry
         any such items; and
      2. the customer has agreed in writing to reimburse the
         Carrier in respect of all additional costs which result
         from the carriage of the said items; and
      3. the loss, Mis-delivery or damage is occasioned during
         transit and is proved to be due to the negligence of the
         Carrier, its servants, agents or subcontractors;
   2. physical loss, mis-delivery of or damage to any other goods
      comprising the Consignnment unless the same has arisen from,
      and the Carrier has used reasonable care to minimise the effects
      of:
3. Act of God
   1. any consequences of war, invasion, act of foreign enemy,
      hostilities (whether war or not), civil war, rebellion, insurrection,
      terrorist act, military or usurped power or confiscation,
      requisition, or destruction or damage by or under the order
      of any government or public or local authoriy;
   2. seizure or forfeiture under legal process;
   3. error, act, omission mis-statement or misrepresentation
      by the Customer or the owner of the Consignment or by servants
      or agents of either of them;
   4. iinherent liability to wastage in bulk or weight, faulty
      design, latent defect or inherent defect, vice or natural
      deterioration of the Consignment;
   5. insufficient or improper packing;
   6. insufficient or improper labelling or addressing;
   7. riot, civil, commotion, strike, lockout, general or partial
      stoppage or restraint of labour from whatever cause;
   8. Consignee not taking or accepting delivery within a reasonable
      time after the Consignment has been tendered.
4. The Carrier, shall not in any circumstances be liable for loss
   or damage arising after transit is deemed to have ended within
   the meaning of Condition 6(2) hereof, whether or not caused or
   contributed to directly or indirectly by any act, default or other
   wrongdoing on the part of the Carrier, its servants, agents or
   sub-contractors.

 

10 Fraud

The Carrier shall not in circumstances be liable in respect of a
Consignment where there has been fraud on the part of the Customer
or the owner, or the servants or agents of either, in respect of that
Consignment, unless the fraud has been contributed to by complicity
of the Carrier or of any servant of the Carrier acting it the course
of his employment.

 

11 Limitation of Liability

1. 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
   1. the value of the goods actually lost, mis-delivered or damaged
      or
   2. the cost of repairing any damage or of reconditioning the
      goods or
   3. a sum calculated at the rate of £1,300 Sterling per
      tonne on the gross weight of the goods actually lost, mis-delivered
      or damaged and the value of the goods actually lost, mis-delivered
      or damaged shall be taken to their invoice value if they have
      been sold and shall otherwise be taken to be the replacement
      cost thereof to the owner at the commencement of transit,
      and in all cases shall be taken to include any Customs and
      Excise duties or taxes payable in respect of those goods:
      Provided that:
      1. in the case of loss, mis-delivery of or damage to a
         part of the Consignment the weight to be taken into consideration
         in determining the amount to which the Carrier’s liability
         is limited shall be only the gross weight of that part
         regardless of whether the loss, mis-delivery or damage
         affects the value of other parts of the Consignment
      2. nothing in this Condition shall limit the liability
         of the Carrier to less than the sum of £10;
      3. the Carrier shall be entitled to proof of the weight
         and value of the whole of the Consignment and of any part
         thereof lost, mis-delivered or damaged;
      4. the Customer shall be entitled to give to the Carrier
         written notice to be delivered at least 7 days prior to
         commencement of transit requiring that the £1,300
         per tonne limit in 11 (1)(c) above be increased, but not
         so as to exceed the value of the Consignment and in the
         event of such notice being given the Customer shall be
         required to agree with the Carrier an increase in the
         carriage charges in consideration of the increased limit,
         but if no such agreement can be reached the aforementioned
         £1,300 per tonne limit shall continue to apply.
2. The liability of the Carrier in respect of claims for any other
   loss whatsoever (including indirect or consequential loss or damage
   and loss of market), and howsoever arising in connection with
   the Consignment, shall not exceed the amount of the carriage charges
   in respect of the Consignment or the amount of the claimant’s
   proved loss, whichever is the lesser, unless;
   1. at the time of entering into the Contract with the Carrier
      the Customer declares to the Carrier a special interest in
      delivery in the event of physical loss mis-delivery or damage
      or of an agreed time limit being exceeded and agrees to pay
      a surcharge calculated on the amount of that interest, and
   2. at least 7 days prior to the commencement of transit the
      Customer has delivered to the Carrier written confirmation
      of the special interest, agreed time limit and amount of the
      interest.

 

12. Indemnity to the Carrier

The Customer shall indemnify the Carrier against:

1. all liabilities and costs incurred by the Carrier (including
   but not limited to claims, demands, proceedings, fines, penalties,
   damages, expenses and loss of or damage to the carrying vehicle
   and to other goods carried) by reason of any error, omission,
   mis-statement or misrepresentation by the Customer or other owner
   of the Consignment or by any servant or agent of either of them,
   insufficient or improper packing, labelling or addressing of the
   Consignment or fraud as in Condition 10;
2. 2. all claims and demands whatsoever (including for the avoidance
   of doubt claims alleging negligence), by whomsoever made and howsoever
   arising (including but not limited to claims caused by or arising
   out of the carriage of Dangerous Goods and claims made upon the
   Carrier by HM Customs and Excise in respect of dutiable goods
   consigned in bond) in excess of the liability of the Carrier under
   these Conditions in respect of any loss or damage whatsoever to,
   or in connection with, the Consignment whether or not caused or
   contributed to directly or indirectly by any act, omission, neglect,
   default or other wrongdoing on the part of the Carrier, its servants,
   agents or sub-contractors.

 

13. Time Limits for Claims

1. The Carrier shall not be liable for:
   1. Damage to the whole or any part of the Consignment, or physical
      loss, mis-delivery or non-delivery of part of the Consignment
      unless advised thereof in writing within seven days, and the
      claim is made in writing within fourteen days, after the termination
      of transit;
   2. any other loss unless advised thereof 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 Customer proves that,
      1. it was not reasonably possible for the Customer to
         advise the Carrier or make a claim in writing within the
         time limit applicable, and
      2. such advice or claim was given or made within a reasonable
         time,the Carrier shall not have the benefit of the exclusion
         of liability afforded by this Condition.
2. The Carrier shall in any event be discharged from all liability
   whatsoever and howsoever arising in respect of the Consignment
   unless suit is brought within one year of the date when transit
   commenced.
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.

 

14. Lien

1. 1. The Carrier shall have a general lien against the Customer,
   where the Customer is the owner of the Consignment, for any monies
   whatever due from the Customer to the Carrier. If such a lien
   is not satisfied within a reasonable time, the Carrier may, at
   its absolute discretion sell the Consignment, or part thereof,
   as agent for the Customer and apply the proceeds towards the monies
   due and the expenses of the retention, insurance and sale of the
   Consignment and shall, upon accounting to the Customer for any
   balance remaining, be discharged from all liability whatever In
   respect of the Consignment.
2. 2. Where the Customer is not the owner of the Consignment, the
   Carrier shall have a particular lien against the said owner, allowing
   the Carrier to retain possession, but not to dispose of, the Consignment
   against monies due from the Customer in respect of the Consignment.

 

15. Unreasonable Detention

The Customer shall be liable to pay demurrage for unreasonable detention
of any vehicle, trailer, container or other equipment but the rights
of the Carrier against any other person in respect thereof shall remain
unaffected.

 

16. Law and Jurisdiction

The Contract shall be governed by English law and United Kingdom
courts alone shall have jurisdiction in any dispute between the Carrier
and the Customer.

 

17. Warehouse & Storage Conditions

Warehousing & Storage services are provided subject to RHA Terms & Conditions
of Storage 1998 version. All Prices quoted are net of VAT, Capital Expenditure,
setup costs and ongoing utilities (water, waste, electricity, gas & rates). All goods
will be Insured subject to RHA Conditions of Storage 1998.

Operational/Fuel Surcharge policy

All Dalkeith Transport customers are subject to any operational/fuel surcharge which is applied
at point of invoice. All alterations to the surcharge will be notified both
in writing and on our online services news feeds in advance.

Online POD’s

All pod’s will be available for viewing and download from our advance online services.

Payment Terms

Payment Terms are strictly 30 days nett monthly unless otherwise agreed and approved
in writing all as per the application declaration.