Please note that the customer will not in all circumstances be entitled to compensation, or to full compensation, for any loss and is therefore recommended to seek professional
advice as to appropriate insurance cover to be maintained while the consignments are in transit.
The Cooper Carriers Carrier (hereinafter referred to as "the Carrier") accepts goods for carriage subject to the Conditions (hereinafter referred to as "these conditions")
set out below. No agent or employee of the Carrier is permitted to alter or vary these conditions in any way unless he is expressly authorised to do so.
In these Conditions the following expressions shall have the meanings hereby respectively assigned to them, that is to say:-
"Trader" shall mean the customer who contracts for the services of the Carrier.
"Cooper Carriers Carrier" shall mean the Company being part of the Cooper Carriers Companies named on the consignment note.
"Consignment" shall mean goods in bulk or contained one parcel or package, as the case may be, or any number of separate parcels or packages sent at one time in one load by or for the Trader from one address to one address.
"Dangerous goods" shall mean
- goods which are specified in the special classification of dangerous goods issued by the British railways board or which, although not specified therein are not acceptable to the British Railways Board for conveyance on the ground of their dangerous or hazardous nature or
- goods which though not included I (a) above are of kindred nature.
"Contract" shall mean the contract of carriage between the Trader and the Carrier
"Subcontracting parties" includes all the persons (other than the Carrier and the Trader) referred to in cause 3
"Carrier" save in the expression Carrier/Contractor includes sub-contracting parties in clause 4(2), 5(2) and (3), and 11 (proviso).
"Carrier/Contractor" means the Carrier and any other carrier within clause 3(2).
2. Carrier is not a Common Carrier
The Carrier is not a common carrier and will accept goods for carriage only on these conditions.
3. Parties and Sub-Contracting
- Where the Trader is not the owner of some or all of the goods in any consignment he shall be deemed for all purposes to be the agent of the owner or owners.
- The Carrier may employ the services of any other carrier for the purpose of fulfilling the Contract. Any such other carrier shall have the like power to sub-contract on like terms
- The Carrier enters into the Contract for and behalf of himself and his servants, agents, and the sub-contractors and his sub-contractors, servants, agents, and subcontractors: all of whom shall be entitled to the benefit of the Contract and shall be under no liability whatsoever to the Trader or anyone claiming through him in respect of the goods in addition to or separately from the Carrier under the Contract.
- The trader shall save harmless and keep the Carrier indemnified against all claims or demanded whatsoever by whomsoever made in excess of the, liability of the carrier under these conditions in respect of any loss, damage or injury however caused, whether or not by the negligence of the Carrier, his servants, agents or sub-contractors.
- By virtue of placement of order following a quotation furnished by the Carrier you are deemed to have received, understood and accepted the Carrier's terms and conditions together with any furnished quotation.
4. Dangerous Goods
- If the Carrier agrees to accept dangerous goods for carriage such goods must be accompanied by a full declaration of their nature and contents and be properly and safely packed in accordance with any statutory regulations for the time being in force for transport by road.
- The Trader shall indemnify the Carrier against all loss damage or injury however caused arising out of the carriage of any dangerous goods, whether declared as such or not.
5. Loading and Unloading
- When collection or delivery takes place at the Trader's premises the Carrier/Contractor shall not be under any obligation to provide any plant, power, or labour which in addition to the Carrier/Contractor's carmen, is required for loading or unloading at such premises.
- Any assistance given by the Carrier beyond the usual place of collection or delivery shall be at the sole risk of the Trader who will save harmless and keep the Carrier indemnified against any claim or demand which could not have been made if such assistance had not been given.
- Goods requiring special appliances for unloading from the vehicle are accepted only on condition that the sender has duly ascertained from the consignee that such appliances are available at destination. Where the Carrier/Contractor is, without prior arrangements in writing with the Trader, called upon to load or unload such goods the Carrier shall be under no liability whatsoever to the Trader for any damage however caused, whether or not by the negligence of the Carrier, and the Trader shall save harmless and keep the Carrier indemnified against any claim or demand which could not have been made if such assistance had not been given.
6. Consignment Notes
The Carrier / Contractor 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/Contractor.
- The transit shall commence when the consignment is handed to the Carrier/Contractor whether at the point of collection or at the Carrier/contractors premises.
The 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.
- That 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/Contractors premises has been sent to the consignee: and
- that when for any reason whatsoever a consignment cannot be delivered or when a consignment is held by the Carrier/Contractor "to await order" or "to be kept till called for" or upon any like instructions and such are not given, or the consignment is not called for and removed, within reasonable time, then transit shall be deemed to end.
8. Undelivered or Unclaimed Goods
Where the Carrier/Contractor is unable for whatever reason to deliver a consignment to the consignee, or as he may order or where by virtue of the proviso to clause 7(2) hereof transit is deemed to be at an end the Carrier/Contractor may sell the goods and payment or tender of the proceeds after deductions of all proper charges and expenses in relation there to and all outstanding charges in relation to the carriage and storage of the goods shall(without prejudice to any claim or right which the Trader may have against the Carrier otherwise arising under these conditions) discharge the Carrier/contractor from all liability in respect of such goods, their carriage and storage. Provided that:
- The Carrier/Contractor shall do what is reasonable to obtain the value of the consignment and
- 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/contractor 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 goods will be sold unless within the time specified in such notice, being a reasonable time in the circumstances from giving of such notice, the goods are taken away or instructions are given for their disposal.
9. Carriers Charges
- The Carriers's charges for carriage shall be payable by the Trader without prejudice to the Carrier's rights against the consignee or any other person. Provided that when the goods are consigned "carriage forward" the Trader shall not be required to pay such charges unless the consignee fails to pay after a reasonable demand has been made by the Carrier/Contractor for payment thereof.
- Except where the quotation states otherwise all quotations based on a tonnage rate shall apply to the gross weight, unless the goods exceeds 100 cubic feet per 1,000 kilos weight, in which case the tonnage rate shall be computed upon and apply to each measurement of 100cubic feet or part thereof.
- The Carriers charges are payable on or before the last day of the month following the date of the invoice.
- A claim or counterclaim shall not be made the reason for deferring or withholding payment of monies payable, or liabilities incurred to the Carrier.
- The Carrier will not accept goods on a "Freight Forward" basis, or to collect charges on behalf of the Trader, unless a written request has been made (and agreed by the Carrier) before shipment takes place.
- Charges shall be payable on expiry of any time limit previously stipulated by the Carrier. Overdue accounts will be subject to interest calculated on a daily basis at the rate of 2% above the National Westminster Bank PLC base rate from time to time.
10. Time Limit for Claims
The Carrier shall not be liable:
- For loss from a package or from an unpacked consignment: or
- For damage, deviation, misdelivery, delay or detention, unless he is advised thereof in writing otherwise than upon a consignment note or delivery document within 5 days and the claim be made in writing within 10 days after the termination of transit;
- For loss or non-delivery of the whole of the consignment or of any separate package forming part of the consignment, unless he is advised of the loss or non-delivery in writing (other than upon a consignment note or delivery document) within twenty-eight days and the claim be made in writing within forty-two days after the commencement of transit.
11. Liability for Loss and Damage
Subject to these conditions the Carrier shall be liable for any loss, or misdelivery of or damage to goods occasioned during transit unless the Carrier shall prove that such loss, misdelivery or damage has arisen from:
- Act of God
- any consequence of war, invasion, act of foreign enemy, hostilities (whether war be declared of not), civil war, rebellion, insurrection, military or usurped power or confiscation, requisition, destruction of, or damage to property by or under the order of any government or public or local authority;
- seizure under legal process
- act or omission of the Trader or owner of the goods or of the servants or agents of either.
- inherent liability to wastage in bulk or weight, latent defect or inherent defect, vice or natural deterioration of the goods:
- insufficient or improper packaging
- insufficient or improper labelling or addressing
- riots, civil commotion, lockouts, general or partial stoppage or restraint of labour from whatever cause;
- violence, intimidation or force of arms or the threat of violence, intimidation or force of arms;
- consignee not taking delivery or accepting delivery within a reasonable time;
Provided that the Carrier shall not incur liability of any kind in respect of a Consignment where there has been fraud on the part of the Trader or the owner of the goods or the servants or agents of either in respect of that consignment.
12. Limitation of Liability
Subject to these Conditions the liability of the carrier in respect of any one consignment shall in any case be limited. (1) Where the loss or damage however sustained in respect of the whole of the consignment to a sum at the rate of £3,500 per 1,000 kilos on the gross weight of the consignment (2) Where the loss or damage however sustained is in respect of part of a consignment to the proportion of the sum ascertained with (1) of this condition which the actual cost value of that part of the consignment bears to the actual cost value of the whole consignment.
- Claims for amounts of less than £10 in respect of any one consignment shall not be limited by reference to weight and where appropriate will be settled in full up to the cost value of the goods.
- The carrier shall not in any case be liable for indirect or consequential loss or damages or for loss of any particular market whether held daily or at intervals.
- The carrier shall be entitled to require proof of the cost value of the whole of the consignment.
- The Carrier shall not be liable for any loss or damage to glass products or products of a )brittle nature unless the Carrier has specifically agreed with the trader in writing before the transit commences to accept such liability.
- All goods must be properly packaged for transit. Handling of un-packaged or improperly packaged goods is undertaken strictly and solely at the Trader's risk.
13. General Lien (Amended as from 1st April 1994)
"The Carrier shall have a general lien on all goods and documents relating to the goods in its possession, custody or control foe any monies whatsoever due from the owner or Trader. The Carrier may sell or dispose of the goods or documents as agents for the Trader and apply the proceeds towards payment of such monies due and the costs of sale on twenty eight days notice in writing to the Trader. Upon accounting to the Trader for the balance remaining, if any, the Carrier shall be discharged from all liability whatsoever in respect of the goods or documents."
14. Unreasonable Detention
The Trader shall be responsible for the costs of unreasonable detention of vehicles, containers, and sheets but the Carrier/Contractor's rights against any other person shall remain unaffected.
15. Computation of Time
In the computation of time where the period provided by these conditions is seven days or less, the following days shall not be included-
- In England and Wales:
- Saturday, Sunday, Good Friday, Christmas Day or a Bank Holiday
- In Scotland:
- Saturday, Sunday, 1st and 2nd January, Glasgow Spring Holiday, Glasgow Autumn Holiday, Christmas Day
- In Northern Ireland:
- Saturday, Sunday, Easter Monday. 12th, 13th July, 25th and 26th December, and any Bank Holiday
- In Republic of Ireland:
- Saturday, Sunday. Bank Holidays 25th and 26th December
16. Law and Jurisdiction
These Conditions and any act or contract to which they apply, shall be governed by English law and any dispute or difference arising out of, or in connection with the Carriers business, save for claims in relation to the Freight Charges, shall be determined exclusively by the courts of England and Wales.
17. Impossibility of Performance
The Carrier shall be relieved of its obligation to perform the Contract to the extent that the performance thereof is prevented by the failure of the trader, fire, weather conditions, industrial dispute, labour disturbance or cause beyond the reasonable control of the Carrier.
The Carrier reserves the right to amend these conditions from time to time.
The aforementioned applicable as and from 1st April 1991.