TERMS & CONDITIONS
1. APPLICATION OF TERMS & CONDITIONS
The terms and conditions hereof set forth between W H Barley (Transport & Storage) Limited and the customer with respect to services are correct at time of issue, and will be subject to change without prior notification. We will endeavour to give customers sufficient prior notification where possible. W H Barley (Transport & Storage) operate under current RHA Conditions of Carriage ( Copy attached), and where a conflict exists between the RHA Conditions of Carriage and any alternative conditions that may be requested to come into play, the RHA Conditions of Carriage & Warehousing will prevail.
2. DELIVERY & COLLECTION
W H Barley (Transport & Storage) Limited will use its reasonable endeavour to meet its quoted delivery/collection dates, but shall not be liable for delay in delivery arising from whatever cause. No claims whatsoever can be accepted for “standing time” or “lost production time” or any other consequential loss due to late or delayed delivery of products or shipments. In addition, it is the customer’s responsibility to provide the following information prior to collection. The customer shall pre-advise W H Barley (Transport & Storage) Limited through use of the W H Barley (Transport & Storage) Limited online booking portal (or by email) no later than the agreed cut-off on the day of collection to guarantee the uplift of product from the customers premises. In instances where the request is to collect goods from an address other than the customer’s premises these requests should be made no later than 11:30am on the day of required collection. Full and complete details of all consignments must be notified, including full postal address, service level required, number of pallets, dimensions and weight. Additionally, any specific information pertaining to the delivery such as restricted access etc. must be notified and failure to do so may result in a failed delivery which is chargeable. The customer shall use a good quality wood, plastic or metal base pallet capable of carrying the load intended. No claims can be accepted due to the pallet base collapsing if the quality of the base is inadequate. The customer must ensure that the goods are adequately secured to the pallet and security taped where appropriate. In addition, the goods must be stacked securely and safely adhering to the pallet definition as stated below. The pallet must be clearly identifiable as to the destination address. No claims can be entertained if misrouted due to insufficient pallet identification. Any deliveries which cannot be delivered or are refused and are rescheduled for re-delivery at a later time will be charged accordingly above the original schedule pallet rate and/or quotation. Any collection requested which, due to no fault of our own, cannot be collected from the address given, will incur a wasted journey charge which will be invoiced separately as an additional invoice.
3. BOOKING CUT OFF TIMES – TRANSPORT/WAREHOUSE
Third party collections, i.e Manchester to London, need to be notified to us no later than 11.30am on the day of collection. Normal localised collections from our customer’s premises, need to be notified as early as possible during the day, and updated no later than 3pm. Collections and deliveries for our warehouse are to be pre booked 24hours in advance. Collections/freight picks cease at 3pm Monday-Friday.
4. PALLET DEFINITION
Products on a wood, plastic metal base to the maximum size of 1.2m x 1.0m x 2.0m high or smaller. Pallets in excess of these dimensions may be subject to oversize pallet surcharges (see below).The maximum weight per pallet is 1000Kg. Pallets in excess of these dimensions may be subject to oversize pallet surcharges (see below).Tail-lift deliveries are subject to a maximum pallet height of 2m.
5. TAIL LIFT DELIVERIES
Standard tail lift weight that requires a manual pump truck to offload, will be 750kgs max this is in line with health & safety guidelines. Tail lift requested freight in excess of 750kgs not exceeding 1000kgs will be subject to a handling surcharge. Tail lift requests in excess of 1000kgs, will be requested to have the freight weights reduced, i.e. create additional pallets. If a customer’s premises has poor, unworkable floor surfaces or uneven gradients, the delivery/collection will be aborted due to Health and Safety reasons, and alternative arrangements are to be made. In these instances, all additional costs will be met by the customer.
6. DELIVERY DEFINITION
Next Day / 24 hr: Collection on Day 1* Delivery made on Day 2* between the hours of 09:00am and 5:00 pm. Deliveries requested outside of these hours are subject to arrangement and may incur a surcharge.
Economy / 48 hr: Collection on Day 1*. Delivery made on or before Day 3* between the hours of 09:00am and 5:00 pm. Deliveries or collections requested outside of these hours are subject to agreement & availability and will incur a surcharge.
*where the number of days are normal working days (Monday to Friday) and exclude Public and Bank Holidays in either the originating (or destination country where applicable).Vehicle waiting time in excess of 30 minutes from arrival, may be chargeable.
All deliveries to the Channel Islands, Scottish Isles, Scottish Highlands, Southern Ireland (except Dublin), and the Isle of Man are subject to a delivery period exceeding the standard two days. Next day services are not offered to these, and other remote locations. Please refer to the achievable post code service standard sheet provided. These are duly noted within your agreed/offered tariff schedule. Any freight destined outside of the UK is subject to the delivery period quoted at the time of application except in instances of force majeure. All deliveries made to customer premises are either kerbside or at customer’s door. Our drivers are prohibited to deliver inside customer premises, and must not leave their vehicle unattended at all times.
As per Section 4, above, our standard delivery hours are between 09:00 and 17:00, Monday to Friday, excluding Public and Bank Holidays. Time-specified deliveries and other enhanced delivery services (hand ball, booking in etc.) are subject to surcharge – details of these can be found on our Haulage Tariffs as supplied by our Sales Department. We also reserve the right to apply reasonable cancellation and wasted journey charges, if instances occur beyond the control of W H Barley. Deliveries or collections required on weekends or Bank Holidays will be at a premium. All invoices can and will incur a fuel surcharge in line with fuel prices & market forces, which will be calculated at the time of Invoicing. The charge will be in line with our published fuel surcharge matrix (copy available upon request). Although we will endeavour to keep these charges to a minimum they can and will change from time to time without prior notice. Fuel purchase information is published on our website at www.whbarley.co.uk.
All goods carried will be subject to the current R.H.A. Conditions of Carriage (copy available upon request), and have been enhanced from the Standard RHA conditions of £1,300 per ton to a maximum value of £5,000 per tonne i.e. a 100 kilo pallet will be covered to £500 and not £5,000. Additional cover can be obtained via W H Barley (Transport & Storage) Limited and is subject to the usual terms and conditions and may be subject to a surcharge in cost. All goods stored will be subject to the current R.H.A. Conditions of Storage (copy available upon request) up to a maximum value of £100 per tonne i.e. a 100 kilo pallet will be covered to £10 and not £100. Enhanced cover can be available from W H Barley (Transport & Storage) Limited and is subject to Terms and Conditions at an additional cost. All requests for additional coverage must be made in writing to the Operations Manager or Managing Director and are subject to confirmation in writing prior to commencement. All goods destined for or from outside the UK will be subject to C.M.R. Conditions of Carriage. Please note that it can be cheaper if the customer decides to extend their own insurance via their brokers or directly with their insurers.
W H Barley (Transport & Storage) Limited shall not be liable for damage to the whole or part of any consignment, or physical loss, mis-delivery or non-delivery of part of the consignment unless notified in writing within seven working days and a fully completed claim form with supporting documents has been received within fourteen days after the termination of transit. No claims can be entertained unless the receipt signature on the delivery note is appropriately claused. No claims can be entertained if the delivery notes are signed unendorsed or endorsed “unchecked”. All goods are carried with a £100.00 insurance excess i.e. no claim below £100 will be accepted. The claim will be based on the net cost to you for the goods, subject to RHA Conditions. W H Barley Transport & Storage Ltd, and/or their respective representatives, reserve the right to inspect the goods at customer premises or request return to them for inspection. The goods must not be disposed of or sold on until otherwise instructed by W H Barley Transport & Storage or its representatives.
10. PAYMENT TERMS
Payment terms are strictly 21 days following the month in which the invoice was raised/dated unless alternative payment terms have been offered by W H Barley in writing. W H Barley (Transport & Storage) limited reserves the right to retract credit facilities if the customer fails to adhere to the payment terms noted. All monies exceeding our credit terms and conditions may become subject to interest, charged at 3% above the National Westminster Bank base rate. In this instance a separate invoice may be raised and charged to your account. W H Barley (Transport & Storage) Limited reserve the right to exercise a lien on customer goods in the event of non-payment of any monies due to W H Barley (Transport & Storage) Limited by that customer. All invoice queries must be raised immediately upon receipt, and any queries directed to p20 email@example.com within 48 hours at the latest. Consolidated Invoices must not be held for payment due to individual item disputes, and all payments must be made payable to agreed terms.
11. FORCE MAJEURE
W H Barley (Transport & Storage) Limited shall not be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, telephone services or computer system and the customer will have no right to compensation for failure to deliver/collect or any other consequential loss, or any other situation outside of W H Barley Transport & Storage Ltd control arising in such circumstances.
12. FREIGHT PRESENTATION
W H Barley reserve the right to hold or delay any shipment that does not appear suitable for carriage or storage. Freight needs to be securely wrapped to pallets that can sustain the weight of the goods, with sufficient layers of wrap to withstand movement. Freight must be clearly labelled with full delivery address details including postcode, and must not overhang the pallet. Weights & dimensions must be clearly declared by the customer at the time of booking. Customer paperwork to be affixed to the pallet, in addition to a copy being handed to the collecting driver. Pallet parameters for dimensions and weight allowances are included in our rate tariff submissions.
13. CONTAINER DEMURRAGE CHARGES
W H Barley adhere to shipping line regulations regarding the time allowed to discharge 20’ & 40’ containers as much as possible. However excessive hand ball, labour intensive discharge, may exceed the time allowed on occasions, and in these instances W H Barley will not be liable for any demurrage on costs.
14. PRICING, BOOKINGS AND AMENDMENTS
Tariffs are issued on the basis that bookings will be made using the W H Barley on line portal. We will accept bookings via e mail, however we will not accept bookings via the telephone or fax. Any amendments need to be made in writing. Customer quotations are valid for 30 days from issue, unless otherwise agreed by our company.
15. PROOF OF DELIVERY (PODs)
PODs can be viewed and printed from our website and copies will be issued by exception. We do not accept that a missing pod can withhold payment of invoice if sufficient, alternative proof has been supplied. Requests for PODs can be made to firstname.lastname@example.org
16. HEALTH AND SAFETY
W H Barley will not accept responsibility for any injury sustained to any person whilst performing its collection/delivery duties. Only qualified W H Barley staff may access the vehicle or tail lift mechanism, and all other persons must stand well away from the vehicle at all times.
17. TELEPHONE CALLS
Please note that all inward and outbound calls to and from W H Barley are recorded for training purposes.
Dated November 2015
These terms and conditions supersede previous terms and conditions of W H Barley Transport & Storage Ltd