TERMS and CONDITIONS
1.1 In these Terms and Conditions “the Company” means M&H GROUP LTD and “the Customer” means the person or company who contracts for the services of the Company.
1.2 The following Terms and Conditions apply to all contracts entered into by the Company.
2.1 Contracts relating to the transport by road of goods and / or installation of machinery within or between the United Kingdom and / or the Republic of Ireland and / or the Channel Islands and / or the Isle of Man shall be subject to the Road Haulage Association Limited Conditions of Carriage 2009 where the Company is referred to as “the Carrier”. Copies of these conditions will be supplied free of charge on request.
2.2 (a) Additionally, Contracts relating to the carriage of goods by road outside or beyond the United Kingdom, are subject to the provisions of the Convention on the Contract for the International Carriage of Goods by Road (CMR) and are otherwise subject to such legislation as may from time to time be applicable.
2.2 (b) In all dealings with HMRC for and on behalf of the Customer and / or owner, the company is deemed to be appointed, and acts as, Direct Representation only.
2.3 Contracts relating to the storage or warehousing of goods shall be subject to the Road Haulage Association Limited Conditions of Storage 2009 wherein the Company is referred to as “the Contractor”. Copies of these conditions will be supplied free of charge on request.
3.1 The Company is not a common carrier and will accept goods only on these conditions.
3.2 The Company shall not in any event be liable for any consequential loss including, but not limited to, the following:
- loss of profits,
- loss of market,
- loss due to fire or the consequences of fire
- loss due to late delivery
- Non-delivery or mis-delivery howsoever the same arises.
- Neither party will be liable for any act or omission which is caused by any event beyond its control (“a Force Majeure Event”), including Acts of God, fire, lightning, explosion, war, disorder, flood, industrial disputes, severe weather, acts of local or central government or other competent authorities
- Seizure or forfeiture under legal process
- Insufficient or improper packaging
- Insufficient or improper labelling or addressing
3.3 The Company reserves the right to charge the Customer in full in respect of waiting time costs incurred by the Company due to the non- fulfilment by the Customer of these Terms and Conditions.
4. Credit facilities may be given by the Company on completion of the credit application process. Until credit facilities are arranged the Company may request cash payment for all or any transactions. We will make a search with a credit reference agency, which will keep a record of that search and will share that information with other businesses. We may also make enquiries about the principal directors with a credit reference agency. Once credit facilities are agreed the following conditions shall apply:
a) No credit is permitted for overseas disbursements and shipping companies’ charges. Except by prior arrangement invoices are payable upon receipt. Documents (e.g. Bills of Lading) will only be released against such payment.
b) No credit is given on duty or VAT advances on behalf of the Customer and such advances are subject to a facility fee of 3% (minimum charge £10.00). Any duty or VAT unpaid 7 days after invoicing will be subject to interest charges at 2% per month.
c) All other charges for transport, forwarding and related activities are payable within 30 days from date of invoice unless otherwise agreed in writing.
d) Credit limits are fixed at a ceiling of two months turnover.
e) The Company reserves the right to withdraw credit facilities without prior notice to the Customer.
f) The Company reserves the right to charge interest at 2% per month on overdue accounts.
g) The Company reserves the right to raise an administration fee for any cheques returned to its bankers for whatever reason.
h) The Company reserves the right to offset amounts due by the Customer to the Company against amounts payable by the Company to the Customer howsoever arising.
5. Should it be necessary for the Company to instruct a third party e.g. Solicitor or Debt Collection Agency to collect any outstanding balance on behalf of the Company then the following additional Administration Charges will be payable:
Outstanding balance up to £500 – £20 payable
Outstanding balances between £501 – £1000 – £40 payable
Outstanding balance in excessof £1000 – £60 payable
These charges are in addition to any Court and Solicitor’s fees which may be payable.
6. Please provide any details of queries or disputes, in writing, within 7 days of receipt of any invoices.
- Charges shall be payable when due without reduction or deferment on account of any claim
- Where a clean POD is provided in the event of a dispute any claims arising from this will be rejected
- Concealed damage claims for consignments that have made it cleanly through the system without any discrepancies only to be discovered damaged at consignees premises upon which unpacking will also be declined
- Debit Notes are not accepted. In the event of a query the company will issue credit notes once agreed within 2 weeks of receipt of the query
- Customers who request own paperwork PODs with invoice the customer shall not be able to withhold payment where in the event of a signed POD (customer paperwork or M&H approved paperwork) is produced invoices must still be paid by the customer.
7. Exclusions: Any claim progressing over 12 months will be automatically time barred as per RHA terms and conditions 2009.
The following items cannot be claimed for:
- Credit and Debit Cards
- Jewellery / Watches (unless prior notice)
- Mobile Phones (unless prior notice)
- Unpacked / Oversized Goods
- Money and Coins
- Personal Effects
- Tobacco and Tobacco Products
- Postage Stamps / Precious
- Metals and Stone
- Returned Consignments
8. These Standard Trading Terms and Conditions cannot be altered or varied without prior approval of a Director of M&H GROUP LTD Limited which should be confirmed in writing.
9. The Company reserves the right to vary any of the above without necessarily giving prior notice to the customer.
10. These Terms and Conditions and any act or contract to which they apply shall be governed by English and Scottish law and any dispute arising out of any act or contract to which these Terms and Conditions shall apply shall be subject to the exclusive jurisdiction of the English or Scottish Courts.
This document, drawn up by M&H GROUP LTD, contains confidential information. It may not be transmitted to a third party, copied or otherwise released without prior approval.