Terms & Conditions

Momentous Relocation Ltd Terms and Conditions

All and any activities of Momentous Relocation Ltd in the course of business are undertaken subject to these conditions.

These conditions may not be altered or varied in any way except by express agreement in writing signed by a director or proprietor of Momentous Relocation Ltd. The Conditions cannot and do not override any Statutory provisions imposed by Law or the application of any applicable international Conventions.

If any legislation, to include regulations and directives, is compulsorily applicable to any business undertaken, these conditions shall, as regards such business, be read as subject to such legislation, and nothing in these conditions shall be construed as a surrender by Momentous Relocation Ltd of any of its rights or immunities or as an increase of any of its responsibilities or liabilities under such legislation, and if any part of these conditions be repugnant to such legislation to any extent, such part shall as regards such business be overridden to that extent and no further.

Definitions

In these Conditions:

1.1 “Approved Carriage List” means the list of approved carriage items prepared pursuant to the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 and as updated from time to time.

1.2 “Company” means Momentous Relocation Ltd.

1.3 “Conditions” means these Terms and Conditions.

1.4 “Contract” means the agreement between the Customer and the Company for the carrying out of the transport and storage services in relation to the Goods including all documents expressly incorporated therein.

1.5 “Consignee” means the person (corporate or otherwise and who may or may not be the Customer) to whom the Company contracts to deliver the Consignment.

1.6 “Consignment” means the consignment of the Goods at any one time from one Consignor in a single load.

1.7 “Consignor” means the person (corporate or otherwise who may or may not be the Customer) who supplies the Consignment to the Company for carriage.

1.8 “Customer” means the person (corporate or otherwise) who contracts with the Company for the carriage of Goods.

1.9 “Dangerous Goods” means Goods of any nature including those listed in the Approved Carriage List which represent a hazard or include radioactive material and explosives of any nature.

1.10 “Delay” means failure by the Company to deliver, or arrange delivery of the goods within a reasonable time.

1.11 “Exempt Products” means bullion, precious metals, precious stones, money (whether in note or coin form), securities, stamps, legal or business documents, living creatures, human remains or anything of a similar nature.

1.12 “Goods” means the goods whether single or multiple units or in bulk which are transported in the Consignment.

1.13 “Loss” means the actual loss of the Goods or failure by the Company to deliver the Goods.

1.14 “Owner” means the person or entity having legal title to the Goods, including any person or entity entitled to possession of the Goods or having a beneficial interest in them, whether or not they are also the Customer.

1.15 “Owner’s Risk” means that the Goods are held upon terms that the Company shall not be liable for any loss of whatsoever nature and howsoever caused including negligence in relation to the Goods or as a consequence of the Goods being in the Company’s possession.

1.16 The expressions “Company”, “Consignee”, “Consignor”, and “Customer” shall include those parties’ principals, agents, and servants.

  1. Principal Parties and Sub-contractors

2.1 The Customer contracts either as the legal owner of the Goods or as the authorised agent of such legal owner, in which case the Customer warrants that they have the authority to accept these Conditions on behalf of the legal owner.

2.2 the Company shall be entitled to procure any or all of the services as an agent, or, to provide those services as a principal.

2.3 When the Company contracts as a principal for any services, it shall have full liberty to perform such services itself, or, to subcontract on any terms whatsoever, the whole or any part of such services.

2.4 Where part or all of the carriage has been subcontracted as provided for in Condition 2.2, such subcontractors shall have the benefit of these Conditions and shall be under no greater liability to the Customer than the Company would be under the Contract. The Customer agrees that no claim shall be made against a subcontractor in addition to or in excess of the limitations and/or exclusions of liability set out in these Conditions.

  1. Loading and Unloading

3.1 The Company shall not be required to provide additional services other than the carriage of the Consignment from the designated place of collection to the designated place of delivery unless such service has been requested by the Customer and agreed by the Company in writing prior to collection or delivery.

3.2 The Company shall not be liable for any loss or damage caused by or as a result of:

  1. a) The use of defective equipment supplied by the Consignee or Consignor.
  2. b) The Company acting upon instructions or directions of the Customer, Consignor, or Consignee, or their servants or agents, with respect to loading and/or unloading of the Consignment.
  3. c) Negligent acts committed by the Consignor, Consignee, or their servants or agents where assisting with loading and/or unloading.

3.3 The Customer shall indemnify the Company against any claim made against the Company in respect of such loss or damage, as outlined in Conditions 3.2 (a), (b) and (c), including claims relating to death or personal injury.

3.4 The Company will endeavour to make the Consignment reasonably accessible on the vehicle at the designated place of delivery.

3.5 The Customer shall provide details of any risk assessments carried out at the collection and/or delivery addresses upon request. Responsibility for carrying out such risk assessments lies with the Customer, not the Company.

  1. Dangerous Goods

4.1 The Contract for carriage of Dangerous Goods shall be voidable by the Company and the Company shall have no liability unless, prior to loading, the Company receives precise and correct identification of the substances in writing and agrees to accept them for carriage. Written instructions must be provided by the Customer in the form prescribed by the appropriate statutory authority, detailing each substance the Company is requested to carry. Written information must accompany each Consignment, including where not required by statute.

4.2 The Customer is responsible for ensuring such substances are properly and safely packaged and labelled with all relevant information as required by any statutory requirements in force.

4.3 The Customer shall indemnify the Company against any loss, damage, or claims arising from non-compliance by the Customer or Consignor with these Conditions relating to Dangerous Goods, unless the Customer proves such loss, damage, or injury resulted from the Company’s negligence.

  1. Consignment Notes / Receipts

5.1 The Company shall, if requested, sign a document acknowledging receipt of the quantity and description of the Consignment loaded onto the Company’s vehicle, to the extent determinable by visual inspection. Such receipt shall not be evidence of the accuracy of condition, weight, quantity, or nature of the Goods at the time of signing. The burden of proof in case of dispute lies with the Customer.

5.2 The Company shall use best endeavours to obtain a signed receipt of delivery from the Consignee unless otherwise agreed with the Customer. Such receipts will be returned to the Customer as proof of delivery unless otherwise agreed in writing.

  1. Company’s Responsibility

6.1 Goods are accepted by the Company for carriage at the Owner’s Risk only where the Company can show that the Customer has explicitly agreed to this or as per Condition 8.2b. In such cases, the Company shall not be liable for loss, damage, or delay regardless of cause, and the Customer shall indemnify the Company against any third-party claims related to the carriage, retention, or storage of the Goods.

6.2 Subject to Condition 6.1, the Company’s responsibility begins when the Company, its agents, or subcontractors take physical control of the Consignment at the point of collection or upon receipt at the Company’s premises.

6.3 Subject to Condition 6.4, the Company’s responsibility ends when the Company, its agents, or subcontractors relinquish physical control of the Consignment at the proper place of delivery during normal business hours, allowing sufficient time for unloading.

6.4 If the Consignee is to collect the Goods from the Company’s premises, or from the premises of the Company’s agents or subcontractors, or if delivery cannot be made due to the absence of safe or adequate access or unloading facilities, the Company’s responsibility ends 24 hours after notice (by letter, telephone, fax, email, or agreed communication method) has been given to the Consignee and/or Consignor.

6.5 The Customer may request, or the Company recommend, variations to the service or other Contract matters during the term of the Contract. The Company shall investigate the impact of such variations on service and charges and promptly report to the Customer. Neither party is obliged to agree to any variation, but neither shall unreasonably withhold or delay agreement. Until mutually agreed in writing, the parties shall perform their obligations without considering the variation.

6.6 In all and any dealings with HMRC, for and on behalf of the UK established Customer and/or Owner, the Company is deemed to be appointed and duly empowered to act as a Direct Customs Agent only, to make Customs declarations in the name of the Customer (Principal) as their “Direct Agent”.

6.7 No insurance will be effected except pursuant to and in accordance with clearly stated instructions given in writing by the Customer and accepted in writing by the Company, and all insurances effected by the Company are subject to the usual exceptions and conditions of the policies of the insurers or underwriters taking the risk. Unless otherwise agreed in writing, the Company shall not be under any obligation to effect a separate insurance on the Goods, but may declare it on any open or general policy held by the Company. Insofar as the Company agrees to effect insurance, the Company acts solely as agent for the Customer.

  1. Company’s Charges

7.1 The Company’s charges shall be payable by the Customer. Where goods are consigned carriage forward, the Consignee shall have primary responsibility for payment, but the Customer shall pay if the Consignee defaults. The Company is not obliged to pursue the Consignee beyond a written request.

7.2 Charges for carriage and any other services incidental to carriage are payable within the timeframe communicated by the Company before the Contract, or if none communicated, within 30 days of invoice date, unless agreed otherwise in writing. If unpaid, interest at 8% above the Bank of England base rate applies daily from due date until payment, before or after judgment.

7.3 Charges must be paid in full when due without reduction or deferment due to any claim, counterclaim, or set-off.

7.4 The Company shall be entitled to retain and be paid all brokerages, commissions, allowances and other remunerations customarily retained by, or paid to, freight forwarders.

 

  1. Disposal of the Goods by the Company

8.1 If the Company is unable, for reasons beyond its control, to deliver the Consignment as per Contract, it shall seek further instructions from the Customer. Reasonable additional charges for retaining the Goods and carrying out instructions shall be payable by the Customer.

8.2 If the Company cannot obtain further instructions, it may sell the Goods, provided such sale is lawful. Payment or tender of net proceeds to the Customer after deducting all costs (carriage, services, storage, disposal, and related expenses) shall discharge the Company from liability related to those Goods.

  1. a) The Company must make reasonable efforts (considering perishability) to notify the Customer of the intention to sell. The Goods may be sold unless, within a reasonable period specified in the notice, the Customer arranges collection or disposal and pays all outstanding charges, including warehousing.
  2. b) Pending the expiry of the notice period and disposal, the Company shall arrange proper storage at the Customer’s expense. During storage, the Goods are held at Owner’s Risk, and the Company is not liable for loss or damage.
  3. c) The Company shall act reasonably to obtain market value on sale (subject to unavoidable deterioration). If no market value exists, the Company may dispose of the Goods in compliance with all legal requirements.

8.3 Where unable to obtain further written instructions, the Company may, at its sole discretion, dispose of or return Dangerous Goods to the Customer, complying with all legal requirements. Such action is at the sole risk and expense of the Customer.

  1. Liability for Loss, Damage or Delay

9.1 Subject to these Conditions, the Company shall be liable for:

  1. a) Any loss of or damage to the Goods in a Consignment occurring whilst the Company has responsibility for the Consignment in accordance with Condition 6.
  2. b) Any delay in the carriage of any Goods in a Consignment arising from the negligence of the Company.

9.2 The Company’s liability is restricted to the financial limits imposed under Condition 10 of these Conditions unless otherwise agreed in writing between the contracting parties prior to the transit commencing.

9.3 The Company shall not be liable for whatsoever reason for loss of or damage to, mis-delivery or loss arising from any delay in respect of Exempt Products, unless:

  1. a) The Company has agreed in writing to carry such Goods at the specific request of the Customer prior to commencement of the transit.
  2. b) The Customer has agreed to reimburse the Company with all additional costs necessarily incurred as a direct result of the Company agreeing to carry such Goods.
  3. c) The loss or damage or delay has been proved to have been caused by the negligence of the Company and/or his agents and/or his servants.

9.4 The Company shall be relieved of all liability if such loss, damage, or delay arises from the effect of:

  1. a) An act of God, any consequence of war, act of foreign power, terrorism, requisition, or destruction of or damage to property by or under the order of any government or public or local authority.
  2. b) Seizure or forfeiture under legal process.
  3. c) An error, act, omission, misstatement or misrepresentation by the Customer or other owner of the Goods or by servants or agents of either of them.
  4. d) An inherent liability due to wastage in bulk or weight, latent defect or inherent defect, vice, or natural deterioration of the Goods.
  5. e) Any special handling requirements in respect of the Goods which have not been notified to the Company; insufficient or improper packaging unless the Company has contracted to provide this service.
  6. g) Insufficient or improper labelling or addressing unless the Company has contracted to provide this service.
  7. h) Riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labour from whatever cause.
  8. i) The acts of the Customer, Consignor, Consignee, or owner or of their servants or agents as set out in Condition 3.2.
  9. j) A delay in providing to the Company safe and adequate access and/or delivery instructions.
  10. k) Fraud on the part of the Customer, Consignor, Consignee, or owner or of their servants or agents in respect of all or any part of the Consignment.

9.5 For the avoidance of doubt and without affecting the generality of Condition 9.1, the Company shall not be liable for any loss or damage to the Goods where the Company’s responsibility for the Consignment has ended in accordance with Conditions 6.3 and 6.4.

  1. Liability Limitation of the Company

10.1 Unless otherwise agreed in writing between the Customer and the Company prior to the commencement of the services under this agreement, the liability of the Company in respect of loss of or damage to Goods whilst they are the responsibility of the Company in accordance with Conditions 6 and 9 hereof shall be limited as follows:

10.2 Except as otherwise provided in these Conditions, the liability of the Company 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;

(a) the cost of repairing any damage or of reconditioning the goods; or

(b) the value of the goods actually lost, mis-delivered or damaged; or

(c) a sum calculated at the rate of £2,000 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 be 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:

(i) 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 Company’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;

(ii) The Company shall be entitled to proof of the weight and value of the whole of the Consignment and of any part thereof lost, misdelivered or damaged;

(iii) The Customer may, by giving written notice at least seven days before transit, request an increase to the £2,000 per tonne limit in Condition 10.2(c). Any such increase is subject to agreement on additional charges. If no agreement is reached, the original £2,000 per tonne limit shall apply.

10.3 The liability of the Company 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 service charges in respect of the Consignment or the amount of the claimant’s proved loss, whichever is the lesser, unless:

(a) at the time of entering into the Contract with the Company the Customer declares to the Company 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;

(b) at least 7 days prior to the commencement of transit the Customer has delivered to the Company confirmation in writing of the special interest, agreed time limit and amount of the interest.

11 Customer’s Indemnity to the Company

11.1 The Customer shall indemnify the Company against:

  1. a) All liability, loss, damage, costs and expenses whatsoever (including, without prejudice to the generality of the foregoing, all duties, taxes, imposts, levies, deposits and outlays of whatsoever nature levied by any authority in relation to the Goods) arising out of the Company acting in accordance with the Customer’s instructions, or arising from any breach by the Customer of any warranty contained in these conditions, or from the negligence of the Customer;
  2. b) Without derogation from Condition 11.1 (a), any liability assumed, or incurred by the Company when, by reason of carrying out the Customer’s instructions, the Company has become liable to any other party;
  3. c) All claims, costs and demands whatsoever and by whomsoever made or preferred, in excess of the liability of the Company under the terms of these conditions, regardless of whether such claims, costs, and/or demands arise from, or in connection with, the breach of contract, negligence or breach of duty of the Company, its servants, sub-contractors or agents.

Notification of Claims

12.1 The Company shall not be liable for:

  1. a) Loss or damage to the Consignment unless the Customer submits a claim in writing specifying the general nature of the loss or damage within 7 days of the Company’s responsibility having ended in accordance with Conditions 6.3 and 6.4, and provides a detailed written claim, including the weight, value, and dates of collection and delivery, within 14 days of the Company’s responsibility having ended or been deemed to have ended.
  2. b) Damage of any description unless the damaged Goods are made available to the Company’s representative for inspection for a reasonable period following notification of the claim.

The Company shall not benefit from this exclusion of liability if the Customer provides evidence that:

  1. i) In all the circumstances, it was not reasonably possible to advise the Company or make the damaged Goods available for inspection within the specified time limits; and
  2. ii) Such advice was given at the first reasonable opportunity.

12.2 Delay in delivery of whole or part of the Consignment unless the Company is informed in writing within seven days of the date by which the delivery should have been made.

12.3 Notwithstanding Conditions 12.1 and 12.2, the Company shall in any event be discharged of all liability whatsoever and howsoever arising in respect of any service provided for the Customer, or which the Company has undertaken to provide, unless suit be brought and written notice thereof given to the Company within nine months from the date of the event or occurrence alleged to give rise to a cause of action against the Company.

  1. Lien and Power of Sale

13.1 All Consignments delivered to the Company for carriage are and will be received by the Company and held by it subject to a lien for all carriage charges due to the Company from the Customer for the carriage, storage rent and/or warehousing charge of the Goods and other proper charges or expenses incurred in respect of or in connection with the carriage of the particular Consignment and all other goods which may have been carried by the Company for the Customer.

13.2 The Company shall have a general lien on the Goods for all charges, expenses and other sums whatsoever properly payable to it by the Customer.

13.3 If any lien remains unsatisfied for 28 days after the Company has notified the Customer of its intention to enforce the lien, the Company may sell the Goods by public auction or private treaty.

  1. Confidentiality

14.1 Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients, or suppliers of the other party, except as permitted by Condition 14.2.

14.2 Each party may disclose the other party’s confidential information to its employees, officers, representatives, or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with these Conditions, or as required by law, a court of competent jurisdiction, or any governmental or regulatory authority. Each party shall ensure that its employees, officers, representatives, or advisers to whom it discloses the other party’s confidential information comply with Condition.

  1. Governing Law and Jurisdiction

15.1 These conditions and any act or contract to which they apply shall be construed according to and governed by the laws of England and Wales.

15.2 Any dispute arising out of any act or contract to which these Conditions apply shall, save as provided in 15.3 below, shall be submitted to the exclusive jurisdiction of the courts of England and Wales.

15.3 Notwithstanding Condition 15.2, the Company is entitled to require any dispute to be determined by arbitration.

15.4 The Company may exercise its rights under Condition 15.3 either by itself commencing arbitration in respect of a dispute or by giving written notice to the Customer requiring a dispute to be determined by arbitration.