Where TJG Logistics LTD T/A Wise Logistics acts as a Carrier within the UK and within the Republic of Ireland and to and from the Republic of Ireland and vice versa, the trading conditions are those of the Road Haulage Association (RHA 2009 Edition). Our liability under the RHA terms is £1.30 per gross kilo.
These conditions apply by International Law, between virtually all European Countries, through bi-lateral
agreements, with the exception of the UK and the Irish Republic.
The liability under CMR is currently £8.03 per kilo, but this is subject to change as this value depends on the value of SDRs and fluctuates accordingly.
CIM, Hague Visby Rules, Warsaw Convention
These conditions apply respectively to Rail traffic, Sea borne traffic and Airfreight.
All of these terms reject any liability for Consequential Loss, either specifically or by omission, except for a liability up to a maximum sum represented by the freight charged for the particular consignment. The reason for this exclusion of liability is that it is not possible to insure against Consequential Loss, because theoretically there could be no limit to such a claim, and it would not bear any relation to the freight charge or the value of the shipment, both of which could be insured.
One of the most common examples is that of a delivery, delay, resulting in 'Down Time'. Please bear in mind that, whilst we will always use our expertise and resources to meet scheduled and specific delivery times, there is always the possibility of human error, poor weather, mechanical failure, customs problems, and other factors beyond our control, delaying a delivery. We can never therefore guarantee delivery or transit times, and cannot accept liability in the event of a late delivery, or any other form of Consequential Loss.
Dangerous Goods (ADR)
As a company TJG Logistics T/A Wise Logistics can only accept ADR goods with a fully and correctly completed Dangerous Goods Note (DGN). A copy of the DGN must be supplied to us before loading of the goods.
All hazardous diamond stickers are to be provided by the loading point at the time of loading. If stickers are not given to the driver at the time of loading a £5 charge per sticker will be incurred (a minimum of 3 stickers is required for each trailer.)
Off - setting claims against freight charges
Claims are always settled by agreement, and it is expressly stated in all Terms & Conditions of Trading related to Freight & Transport, that claims against a carrier cannot be off set against freight charges owed to that carrier.
The Customer shall be liable to pay demurrage for unreasonable detention of any vehicle, trailer, container or other equipment at the Carrier's current rates of demurrage but the rights of the Carrier against any other person in respect thereof shall remain unaffected. TJG Logistics LTD T/A Wise Logistics will charge demurrage at the standard rate of £50 per hour after the following periods of loading / unloading:
2 hours if a booking time has been allocated
2 hours for groupage if no booking time has been allocated
2 hours for full loads if no booking time has been allocated
The Customer shall be liable to pay cancellation fee as below:
- 30% of agreed rate if cancelled outside business hours day prior collection
- 50% of agreed rate if cancelled over 12 hours before scheduled collection
- 75% of agreed rate if cancelled between 12 and 2 hours before scheduled collection
- 100% of agreed rate if cancelled less than 2 hours before scheduled collection
TJG Logistics LTD T/A Wise Logistics standard invoice payment terms are 30 days from the invoice date, and import VAT and Duty immediate by return. If the terms are different to the above it must be agreed and signed on Customer Set Up Form by Senior Manager or Director. We require payment to terms. Payment must be made on time, in full, and without any deduction, set off or counterclaim. In the event that an account is outstanding over the agreed terms, we will without hesitation refer the matter to our debt collection agents, Direct Recovery Associates, which will incur a charge of 15% of the total debt. This will be added to the debt, plus VAT at the prevailing rate. You agree that you will be legally liable to pay us that surcharge, and that payment of the same can be enforced against you in court. You also agree to pay interest at the relevant reference rate provided for under the Late Payment of Commercial Debts (Interest) Act 1998, on which interest is payable both after and before any judgment of the court and continues to accrue.
TJG Logistics LTD T/A Wise Logistics will only insure customer's goods, if we are specifically instructed to do so in writing. Please refer to our GIT (customer is obliged to request copy of Goods In Transport policy and read careful especially exemptions and exclusions) for conditions before booking. TJG Logistics T/A Wise Logistics won't accept any charges over the policy conditions.
As a company TJG Logistics LTD T/A Wise Logistics would recommend that customers discuss the terms and conditions applied by their haulier or forwarder to their own insurers, who will offer advice as required, but advice based on the knowledge of clear conditions of carriage. Should you wish to discuss or clarify these terms then please do not hesitate to contact us.