Terms and conditions
Redhead Freight Ltd Terms & Conditions of Carriage & Guide – updated 04-01-2021
Most organizations which contract to undertake work on behalf of clients, use terms & conditions of carriage & trading, and incorporate these into their contracts. The reason for this is to ensure that all contracting parties understand both their rights and obligations, and to set clear standards. Inevitably these contain “small print”, and we will try to highlight some of the most important points, whilst addressing the need to make full written texts readily available to customers.
Conditions of Carriage
- The standard trading conditions of Redhead Freight Ltd, are those of the British International Freight Association, (BIFA 2021 Edition). Generally these terms apply where we contract as a Freight Forwarder, and supply a range of services that may involve sub-contracting to third parties for part of the work. Currently our liability under these terms is £ 2.11 per gross kilo – This figure is only approximate as the value changes day to day and is based on 2 Standard Drawing Rights (SDR) per gross kilo.
- Where Redhead Freight Ltd, act as a carrier within the U.K .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 2020 Edition). Our liability under these terms is £ 1.30 per gross kilo.
- Where Redhead Freight Ltd act as a warehouse keeper and undertake storage within the U.K. and within the Republic of Ireland the trading conditions are those of the Road Haulage Association, (RHA 2009 conditions of
storage). These terms apply only when storage charges are being raised, and do not affect the majority of cargo which simply passes through our warehouses “in transit” Our liability is limited to £ 0.10 per gross
kilo under these terms.
In certain circumstances the provisions of International Conventions may take precedence over our standard conditions of carriage i.e. CMR
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 £ 8.78 per kilo, but this is subject to change as this value depends on the value of SDRs and does fluctuate accordingly.
- CIM, Hague Visby Rules, Warsaw Convention
These conditions apply respectively to rail traffic, sea borne traffic and airfreight. These are all long and complex terms, available in full on the internet if required. We do not offer rail services, and we do not carry CIM liability cover. We do however have liability insurance for air & sea conventions.
- The full texts of the terms in sections 1 – 4 are available on our website, www.redhead-int.com to read, download or print, and if you do not have internet access, please contact us at the addresses shown below, and we will be pleased to email, fax or post any or all of these terms as required.
- The full texts of the terms shown in point 5 are generally available on the internet.
Some important terms to emphasize
- Consequential Loss
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. The most common example is that of a delivery delay, resulting in “down time”. It must be borne 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.
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.
- All quotations are based on 3m 3 = 1000 kilos & 1 loading metre = 1750 kgs (unless otherwise stated), current exchange rates & fuel prices and may be altered without notice.
- Rates in any tariff provide that the minimum price in any one charge band will never be less than the maximum charge in the preceding charge band.
- Quotations have no provision for dangerous goods, timed delivery, or special requirements unless otherwise stated.
- Force majeure may invalidate guaranteed transit times (eg: Customs Procedures, Public or local holidays, severe weather, channel crossings & industrial action etc)
- Spot quotations are valid for one shipment. We would be delighted to provide full tariffs & range quotations on request.
- We have no liability for consequential loss & quoted transit times are advisory and not guaranteed. (unless stated in the product)
- Payment terms are Nett cash by the 28th day of the month following the date of invoice, except Duty, VAT & New Account shipments, which are payable by return or in advance.
- Our standard conditions of carriage are BIFA 2021 Edition. Full details of our terms & conditions of carriage are available on our website – www.redhead-int.com or by post, fax or email on request.
- Payment Terms
- Payment terms are net cash on the 28th of the month following the date of invoice, except Duty, VAT & New Account shipments, which are payable by return or in advance.
- If it is necessary to employ a debt collection service when our terms are not met we reserve the right to impose a £ 50.00 surcharge.
- Customer Contract Clause
In the event that the service or parts of the service contemplated herein is prohibited under any laws or regulations, including but not limited to US-law, law of the European Community or national laws, including but not limited to laws and regulations relating to the fight against terrorism and embargos, Redhead Freight Limited is entitled to cancel the service or parts of the service at any time, without prior notice and without incurring any liability to Customer whatsoever.
- Packing Advice/Disclaimer
It is the policy of Redhead Freight Ltd, to carry all cargo in a safe and secure manner, to ensure that your products reach your customers in good condition. In our long experience there are some types of cargo and shipment types which are more prone to damage than others, and we believe that we should draw our customer’s attention to these issues, prior to shipment, to create the opportunity to avoid or minimise problems.
We believe that that your shipment appears to fall into one of the following categories, and as such we are unable to accept liability for damage or loss caused solely as a result the specific hazard or predisposition to such loss or damage.
This disclaimer does not exclude liability for loss or damage caused by other factors within the scope of our Terms & Conditions of Carriage.
- Glass, Ceramics, Stone, Marble in any form or any similar material
- Furniture of any type unless proven to be packed to the highest standards
- Personal effects unless proven to be professionally packed and crated
- Returned Shipments which may have been damaged elsewhere
- Out of Gauge & Oversize Cargo
- Unpacked shipments & Second hand Machinery Cargo of all types
- All Domestic/Home Deliveries – to kerbside only
- Tail Lift Deliveries – to kerbside only
- Any inadequately packaged cargo
While this array of conditions can look onerous and obscure they do in fact make the relationships between contracting parties very clear, and most importantly they are well known and understood by insurers.
We recommend that customers discuss the terms and conditions applied by their haulier or forwarder with their own insurers who will offer advice as required but advice based on the knowledge of clear conditions of carriage.
We would of course be pleased to discuss or clarify these terms and any other aspect of your transport, shipping, or storage requirements should you wish.
Please do not forget to visit our website www.redhead-int.com