Conditions of Carriage

Carriage Conditions of Contract Revision C 9/03

General

Mandata Contracts Ltd (“Mandata”) undertakes all services subject to the following conditions, which can be varied by written authority of a Director or the General Manager of Mandata only. As such, no other employee of Mandata has authority to change any terms and conditions.

In these conditions, certain meanings apply as below:

we, us, our – Mandata, and anyone acting on our behalf.

you, your – the customer whose consignment we are carrying, and anyone acting on your behalf.

consignment – goods or documents, in bulk or individually, that we have agreed to carry.

carriage – by most appropriate means of road, sea, rail or air.

dangerous goods – any item or substance that puts the Health and Safety of people at risk.
We may refuse to carry your consignment, in particular if we decide we cannot carry it safely or legally. We may also make reasonable examination or inspection of your goods and packaging at any time whilst carrying them.
Our liability to you is limited under these conditions, as detailed below.
Any contract between Mandata and you is governed by English law, with any dispute to be dealt with in English courts.
Mandata is not a common carrier, and the rights and liabilities of parties are determined on this basis.

Conditions affecting Mandata

If we accept your instructions for our services, we will execute them with care.
Our normal service is to collect and deliver door-to-door, unless specifically agreed otherwise.
We may use sub-contractors but this will not affect your rights.
If we cannot collect or deliver your goods, we will contact you for further instructions. If these are not forthcoming or insufficient to complete the agreed task, we will suspend the task until it can be resolved at a later date. You will be liable to meeting the incurred costs of the suspended task in full.
If Mandata do not keep to any of these conditions, or if loss is suffered by you, our liability is limited and excluded in certain circumstances which are explained below:
1. We will not be liable for any consequential loss suffered in any direct or indirect way.
2. We will not be liable for loss of or damage to the goods, incorrect delivery or delay caused by any of the following:
  
  - Natural disasters, including exceptional weather
  
  - War, terrorism or the like
  
  - Seizure of the goods, confiscation, destruction or damage by a legal authority
  
  - Any act or omission of you or your agents
  
  - Natural wastage, fault in or deterioration of the goods
  
  - Insufficient or incorrect packaging of the goods
  
  - Insufficient or incorrect information supplied by you
  
  - Labour dispute or disturbance of any kind
  
  - Lack of further instruction from you if collection or delivery is suspended
  
  - Any events beyond our control including traffic congestion and delay.
3. We will accept liability if the loss, damage or mistake is our fault. However, our liability will be limited as follows:
  
  - The lowest of: the cost value of the consignment or affected part; the cost of repairing any damage to your goods; £2000 for consignments on a shared vehicle; £10,000 for consignments on an exclusive vehicle.
  
  - Our liability may be increased to any agreed amount provided we are notified prior to the service commencing, and suitable additional insurance for the goods can be arranged. The cost of the extra cover will be borne by you. However, we recommend that you insure your own goods to best protect your interests.
Please note that our transport services are organised and operated with the expectation that goods will be delivered to the correct location, on time, in their original condition. To help us do this, please advise us of delicate, valuable and unusual items, so we can best advise you of the appropriate measures to take. We can provide general guidelines, materials and a packaging service if needed.

Conditions affecting Customers

If the goods are not your property, the owner must have given you authority to make the contract with us.
You must ensure that the goods are safe for handling and carriage. They must be packaged, labelled and addressed correctly, with any consignment note you have filled in likewise properly completed.
If any goods are hazardous or dangerous we must be notified in writing before collection.
Deliveries are made to the address given but not necessarily to the named receiver personally.
Unless we are shown to be at fault, you agree to be responsible to us and indemnify us against any claims, costs and damages arising from transporting or storing your goods.
You must provide any special equipment or extra manpower needed to load or unload your goods. If we are given reasonable notice, we can provide such services but you may be charged for this.
We may make a reasonable extra charge on any occasion that our driver and vehicle are kept waiting for more than 15 minutes. Alternatively we are entitled to suspend the delivery or collection at your expense.
You must pay our charges within 30 days of the date of our invoice. Our invoices include VAT and any other taxes that apply. You may not withhold payment to us to offset against any claims you may have against us.
Our charges are set out in our current rate schedules or as quoted to you directly.
You must arrange for the consignment to be carefully checked upon delivery. This is essential to ensure that any claims you may have are dealt with quickly and effectively.
If you believe you have a claim against us for whatever reason, you must provide written details to us within 28 days of our last contact with the goods or we shall not be liable for any loss, damage, incorrect delivery or delay. Proof of cost value must be provided upon request.
Should the claim for damage exceed £100 we must be given the opportunity to examine the damage and packaging prior to repair, or we shall not be liable.
We may destroy original documentation relating to all consignments after 12 months and its absence will not be held against us.

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