GOODS ARE CARRIED SUBJECT TO OUR TERMS AND CONDITIONS Reliance Freight UK Limited. Unit 9, 17 Argall Avenue Leyton London E10 7QE Tel: 0208 558 2408 (hereinafter referred to as "the Carrier") is not a common carrier and accepts goods for carriage only upon the Conditions set out below. No servant or agent of the Carrier is permitted to alter or vary these Conditions in any way unless expressly authorised in writing to do so by the Managing Director of the Carrier. If any legislation is compulsorily applicable to the Contract and any part of these Conditions is incompatible with such legislation, such part shall, as regards the Contract, be overridden to that extent and no further.

1. Definitions In these Conditions: "Customer" means the person or company who contracts for the services of the Carrier including any other carrier who gives a Consignment to the Carrier for carriage. "Contract" means the contract of carriage between the Customer and the Carrier. "Consignee" means the person or company to whom the Carrier contracts to deliver the Consignment. "Consignment" means goods, whether a single item or in bulk or contained in one parcel package or container as the case may be or any number of separate items parcels packages or containers sent at one time in one load by or for the Customer from one address to another address. "Dangerous Goods" means goods named individually in the Approved Carriage List issued from time to time by the Health and Safety Commission explosives radioactive material and any other goods presenting a similar hazard.

2. Parties and Sub Contracting 1) The Customer warrants that he is either the owner of the Consignment or is authorised by such owner to accept these Conditions on such owner's behalf.

(2) The Carrier and any other carrier employed by the Carrier may employ the services of any other carrier for the purpose of fulfilling the Contract in whole or in part and the name of every other such carrier shall be provided to the Customer upon request.

(3) The Carrier contracts for itself and as agent of and trustee for its servants and agents and all other carriers referred to in (2) above and such other carriers' Servants and agents and every reference in these Conditions to "the Carrier" shall be deemed to include every other such carrier servant and agent with the intention that they shall have the benefit of the Contract and collectively and together with the Carrier be under no greater liability to the Customer or any other party than is the Carrier hereunder.

(4) Notwithstanding Condition 2(3) the carriage of any Consignment by rail sea inland waterway or air is arranged by the Carrier as agent of the Customer and shall be subject to the Conditions of the rail shipping inland waterway or air carrier contracted to carry the Consignment. The Carrier shall be under no liability whatever to whomsoever and howsoever arising in respect of such carriage: Provided that where the Consignment is carried partly by road and partly by such other means of transport any loss damage or delay shall be deemed to have occurred while the Consignment was being carried by road unless the contrary is proved by the Carrier.

3. Dangerous Goods Dangerous Goods must be disclosed by the Customer to the Carrier before the contract is entered into and if the Carrier agrees to accept them for carriage they must be classified packed and labelled in accordance with the statutory regulations for the carriage by road of the substance declared. Transport Emergency Cards (Tremcards) or information in writing in the manner required by the relevant statutory provisions must be provided by the Customer in respect of each substance and must accompany the Consignment.

4. Loading and Unloading (1) Unless the Carrier has agreed in writing to the contrary with the Customer:

(a) The Carrier shall not be under any obligation to provide any plant, power or labour, other than that carried by the vehicle, required for loading or unloading the Consignment.

(b) The Customer warrants that any special appliances required for loading or unloading the Consignment which are not carried by the vehicle will be provided by the Customer or on the Customer's behalf.

(c) The Carrier shall be under no liability whatever to the Customer for any damage whatever, however caused where the Carrier is instructed to load or unload any Consignment requiring special appliances which in breach of the warranty in (b) above have not been provided by the Customer or on the Customer's behalf.

(d) The Carrier shall not be required to provide service beyond the usual place of collection or delivery but if any such service is given by the Carrier it shall be at the sole risk of the Customer.

(2) The Customer shall indemnify the Carrier against all claims and demands whatever which could not have been made if such instructions as are referred to in (1)(c) of this Condition and such service as is referred to in (1)(d) of this Condition had not been given.

5. Signed Receipts The Carrier 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 and the burden of proving the condition of the Consignment on receipt by the Carrier and that the Consignment was of the nature quantity or weight declared in the relevant document shall rest with the Customer.

6. Transit (1) Transit shall commence when the Carrier takes possession of the Consignment whether at the point of collection or at the Carrier's premises.

(2) Transit shall (unless otherwise previously determined) terminate when the Consignment is tendered at the usual place of delivery at the Consignee's address within the customary cartage hours of the district: Provided that;

(a) If no safe and adequate access or no adequate unloading facilities exist at the place of delivery then transit shall be deemed to end one clear day after the customer has been notified of the arrival of the Consignment at the Carrier's premises. Such notice need not be in writing. and

(b) When for any other reason whatever a Consignment cannot be delivered or when a Consignment is held by the Carrier 'to await order' or 'to be kept till called for' or upon any like instructions and such instructions are not given or the Consignment is not called for and removed within a reasonable time, then transit shall be deemed to end.

7. Undelivered and or Unclaimed Consignments Where the Carrier is unable for any reason to deliver a Consignment to the Consignee or as he may order or where by virtue of the proviso to Condition 6(2) hereof transit is deemed to be at an end, the Carrier may sell the Consignment and payment or tender of the proceeds after deduction of all proper charges and expenses in relation thereto and of all outstanding charges in relation to the carriage and storage of the Consignment shall (without prejudice to any claim or right which the Customer may have against the Carrier otherwise arising under these Conditions) discharge the Carrier from all liability in respect of such Consignment, its carriage and storage: Provided that:

(1) 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 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 then the Consignment will be disposed off in accordance with the provisions of (2) hereunder. This condition is subject to the provisions of condition 7(2).

(2) Where a good is held by the Carrier 'to await order' or 'to be kept till called for' or upon any like instructions and the Consignee has been informed that the goods have arrived at the destination the Consignee must arrange to collect the goods from the Carrier's warehouse within 7 days of such notice. The Carrier shall start charging demurrage at £5/kilogramme for the next 7 days following the 7 days of the Consignee/Customer being informed that the consignment has arrived at the destination rising to £10/kilogramme for the next 7 days and to £20/kilogramme for the next 7 days and £40/kilogramme for the next 7 days upto a maximum period of 45 days.

(3) If the goods are not collected after 45 days of being informed the Customer/ Consignee hereby agree that the Carrier shall dispose of the goods to cover the demurrage accrued. The Carrier reserves the right to proceed against the Consignee to recover the full costs of the demurrage.

(4) The Customer/Consignee undertakes to indemnify the Carrier against any claims from third parties for any goods disposed off by the Carrier under condition 7(2).

8. Carrier's Charges (1) The Carrier's charges shall be payable by the Customer without prejudice to the Carrier's rights against the Consignee or any other person: Provided that when any Consignment is consigned 'carriage forward' the Customer shall not be required to pay such charges unless the Consignee fails to pay after a reasonable demand has been made by the Carrier for payment thereof.

(2) Charges shall be payable when due without reduction or deferment on account of any claim counter claim or set-off. The Carrier shall be entitled to interest at 8 per cent above Barclays Bank Base Rate prevailing at the date of the Carrier's invoice or account calculated on a daily basis on all amounts overdue to the Carrier.

9. Liability for Loss and Damage (1) The Customer shall be deemed to have elected to accept the terms Set out in of this Condition unless before the transit commences the Customer has agreed in writing that the Carrier shall not be liable for any loss or mis-delivery of or damage to or in connection with the Consignment however or whenever caused and whether or not caused or contributed to directly or indirectly by any act omission neglect default or other wrongdoing on the part of the Carrier its servants agents or sub-contractors.

(2) Subject to these Conditions the Carrier shall be liable for:

(a) Physical loss, mis-delivery of or damage to living creatures bullion money securities stamps precious metals or precious stones comprising the Consignment only if:
(i) The Carrier has specifically agreed in writing to carry any such items; and
(ii) The Customer has agreed in writing to reimburse the Carrier in respect of all additional costs which result from the carriage of the said items; and
(iii) The loss mis-delivery or damage is occasioned during transit and is proved to be due to the negligence of the Carrier its servants agents or sub- contractors;

(b) Physical loss mis-delivery of or damage to any other goods comprising the Consignment unless the same has arisen from and the Carrier has used reasonable care to minimise the effects of:
(i) Act of God;
(ii) Any consequences of war, invasion, act of foreign enemy, hostilities (whether war or not), civil war, rebellion, insurrection, terrorist act, military or usurped power or confiscation, requisition, or destruction or damage by or under the order of any government or public or local authority;
(iii) Seizure or forfeiture under legal process;
(iv) Error act omission mis-statement or misrepresentation by the Customer or other owner of the Consignment or by servants or agents of either of them;
(v) Inherent liability to wastage in bulk or weight, faulty design, latent defect or inherent defect, vice or natural deterioration of the Consignment;
(vi) Insufficient or improper packing;
(vii) I nsufficient or improper labelling or addressing
(viii) riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labour from whatever cause; (viiii) Consignee not taking or accepting delivery within a reasonable time after the Consignment has been tendered.

(3) The Carrier shall not in any circumstances be liable for loss or damage arising after transit is deemed to have ended within the meaning of Condition 6(2) hereof whether or not caused or contributed to directly or indirectly by any act omission, neglect default or other wrongdoing on the part of the Carrier its servants agents or sub-contractors.

10. Fraud (1) The Carrier shall not in any circumstances be liable in respect of a Consignment where there has been fraud on the part of the Customer or the owner or the servants or agents of either in respect of that Consignment. In particular where a Customer misleads the Carrier as to the nature/contents of goods the Carrier shall not be liable if the goods are impounded by the relevant government agency/authority.

11. Limitation of Liability (1) The Carrier reserves the right to withhold and/or ultimately dispose of some or all of the goods or consignment where the Customer/Consignee has failed refused or neglected to pay all charges and any other amount due under this or any other agreement. These include any charges that the carrier has paid out on the instructions of the Customer/Consignee. The goods will be held to the order of the Customer/Consignee in accordance with the provisions of Condition 7(2).

(a) If payment of our charges relating to your goods is in arrears, and on giving you three months' notice, we are entitled to require you to remove your goods from our storage warehouse upon the payment of all money due to us. The carrier shall have a lien on the goods until all moneys due and owed are paid.
If you fail to pay all outstanding amounts due to us we may sell or dispose of some or all of the goods without further notice. The cost of the sale or disposal will be harged to you. The net proceeds will be credited to your account and any eventual surplus will be paid to you without interest. If the full amount due is not received we may seek to recover the balance from you.

(2) Except as otherwise provided in these Conditions, the liability of the Carrier 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 value of the goods actually lost, mis-delivered or damaged; or
(b) The cost of repairing any damage or of reconditioning the goods; or
(c) a sum calculated at the rate of £1,300 Sterling 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 Carrier'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) Nothing in this Condition shall limit the liability of the Carrier to less than the sum of £10;
(iii) The Carrier shall be entitled to proof of the weight and value of the whole of the Consignment and of any part there of lost, mis-delivered or damaged;
(iv) The Customer shall be entitled to give to the Carrier written notice to be delivered at least 7 days prior to commencement of transit requiring that the £1,300 per tonne limit in 11 (1)(c) above be increased but not so as to exceed the value of the Consignment, and in the event of such notice being given the Customer shall be required to agree with the Carrier an increase in the carriage charges in consideration of the increased limit, but if no such agreement can be reached the aforementioned £1,300 per tonne limit shall continue to apply.

(3) The liability of the Carrier 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 carriage 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 Carrier the Customer declares to the Carrier 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 Carrier written confirmation of the special interest, agreed time limit and amount of the interest.

12. Indemnity to the Carrier The Customer shall indemnify the Carrier against:

(1) All liabilities and costs incurred by the Carrier (including but not limited to claims demands proceedings fines penalties damages expenses and loss of or damage to the carrying vehicle and to other goods carried) by reason of any error omission mis-statement or misrepresentation by the Customer or other owner of the Consignment or by any servant or agent of either of them insufficient or improper packing labelling or addressing of the Consignment or fraud as in Condition 10;

(2) All claims and demands whatsoever (including for the avoidance of doubt claims alleging negligence), by whomsoever made and howsoever arising (including but not limited to claims caused by or arising Out of the carriage of Dangerous Goods and claims made upon the Carrier by HM Customs and Excise in respect of dutiable goods consigned in bond) in excess of the liability of the Carrier under these Conditions in respect of any loss or damage whatsoever to. Or in connection with, the Consignment whether or not caused or contributed to directly or indirectly by any act, omission, neglect. default or other wrongdoing on the part of the Carrier, its servants, agents or sub-contractors.

13. Time Limits for Claims (1) The Carrier shall not be liable for:
(a) Damage to the whole or any part of the Consignment or physical loss, mis-delivery or non-delivery of part of the Consignment unless advised thereof in writing within seven days, and the claim is made in writing within fourteen days, after the termination of transit;
(b) Any other loss unless advised thereof in writing within twenty-one days and the claim is made in writing within twenty-eight after the end of transit.

(2) The Carrier shall in any event be discharged from all liability whatsoever and howsoever arising in respect of the Consignment unless suit is brought within 180 days of the date when transit commenced.

(3) In the computation of time where any period provided by these Conditions is seven days or less, Saturdays, Sundays and all statutory public holidays shall be excluded.

14. Lien (1) The Carrier shall have a general lien on the goods for any monies whatever due from the Customer and or Consignee to the Carrier

(2) Where the Customer is not the owner of the Consignment, the Carrier shall have a particular lien against the said owner, allowing the Carrier to retain possession, but not to dispose of, the Consignment against monies due from the Customer in respect of the Consignment.

15. Unreasonable Detention The Customer shall be liable to pay demurrage for unreasonable detention of any vehicle, trailer, container or other equipment but the rights of the Carrier against any other person in respect thereof shall remain unaffected.

16. Law and Jurisdiction The Contract shall be governed by English law and United Kingdom courts alone shall have jurisdiction in any dispute between the Carrier and the Customer.

PLEASE NOTE THAT THE CUSTOMER WILL NOT IN ALL CIRCUMSTANCES BE ENTITLED TO COMPENSATION OR TO FULL COMPENSATION FOR ANY LOSS AND IT IS THEREFORE RECOMMENDED TO SEEK PROFESSIONAL ADVICE AS TO APPROPRIATE INSURANCE COVER TO BE MAINTAINED WHILE CONSIGNMENTS ARE IN TRANSIT.

Trading Name: Reliance Freight UK Ltd
Company Registration No.: 06596759
VAT Registration No.: GB 936073714