Customer Terms and conditions

TERMS AND CONDITIONS OF CARRIAGE
These Terms and Conditions are provided by Genus Logistics Limited Company No. 8987214, Registered Office 32 De Montford St Leicester LE1 7GG (“We,Us,Our”).

These Terms and Conditions govern the relationship between you and us and form the basis of all contracts we make with you for the provision of the Services we offer.

Please note that no contract exists between you and us unless and until we have accepted your Booking. We will only accept your Booking by email or letter and until you have such acceptance there is no contract between you and us.

1. DEFINITIONS

1.1 The words and phrases appearing in the Schedule will have the meanings ascribed to them in the Schedule

1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:

1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;

1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions; and

1.2.4 a Clause, sub-Clause or paragraph is a reference to a clause of these Terms and Conditions.

1.3 The headings used in these Terms and Conditions are for convenience only and will have no effect upon the interpretation of them.

1.4 Words imparting the singular number will include the plural and vice versa.

1.5 References to any gender will include the other gender.

2. BOOKINGS

2.1 All Bookings for Services made by you will be subject to these Terms and Conditions.

2.2 You may change any aspect of your Booking at any time before we begin providing the Services by contacting us in writing.

2.3 If your Booking is changed we will inform you of any change to the Price in writing.

2.4 You may cancel your Booking within 24 hours of placing it or if earlier, before we start to provide the Services. If you have already made any payments to us under Clause 3 (including, but not limited to the Deposit), subject to sub-Clause 3.4, the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 days of our acceptance of your cancellation. If you request that your Booking be cancelled, you must confirm this in writing. If you wish to cancel the Booking after this time period, or once we have begun providing the Services, sub- Clause 8.2 will apply.

2.5 We may cancel your Booking at any time before we begin providing the Services for any reason and without having to compensate you for such cancellation. If such cancellation is necessary, we will inform you as soon as is reasonably possible. If you have made any payments to us under Clause 3 (including, but not limited to the Deposit), the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 days of us informing you of the cancellation. Cancellations will be confirmed in writing.

3. PRICE

3.1 The Price of the Services will be that advised to you in writing before we accept your Booking.

3.2 All estimates of Price which we provide are valid only for 14 days and we have the right to alter the Price if you do not place a Booking within that period.

3.3 All estimates we provide are based upon the information you have given us and if that information is in any way incorrect in such a manner as to make it significantly more difficult to provide our Services (for example but not by way of limitation because you have given us incorrect weights, dimensions, number of pallets or shapes) then we may make additional reasonable charges to you to reflect the additional work we have had to undertake.

3.4 Our estimate is based upon the assumption that there will be someone available to accept delivery of the Goods if we are not able to make a delivery then we may make additional reasonable charges to you to reflect the additional work we have had to undertake as a result

3.5 The Price does not include VAT which will be added at the standard rate to your invoice and which will become due and payable to us.

3.6 If we require that you pay us a Deposit before we provide the Service you must pay that with your Booking and in the circumstances described in sub-clause 2.4 and 2.5, if your Booking is cancelled, your Deposit will be refunded in full or in part.

3.7 The balance of the Price will be payable within 30 days of the date of our Invoice for the Services.

3.8 If you do not make payment to us by the due date we may charge you interest on the overdue sum at the rate of 6% per annum above the base lending rate of Barclays Bank plc from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.

3.9 The provisions of sub-Clause 3.8 will not apply if you have promptly contacted us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing as long as you act in good faith.

4. PROVIDING THE SERVICES

4.1 We will provide the Services with reasonable skill and care, consistent with best practices and standards in the logistics sector.

4.2 We will provide the Services on the date we agree with you before accepting your Booking

4.3 We will make every reasonable effort to complete the Services on time (and in accordance with your Booking). We will not be responsible for any delays caused by traffic, breakdown, accident, illness, poor weather or any other cause beyond our reasonable control.

4.4 If the information or action required of you in order for us to complete the Services is delayed, incomplete or otherwise incorrect, we will not be responsible for any delay caused as a result. If additional work is required from us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part, we may charge you a reasonable additional sum for that work.

4.5 You warrant:

4.5.1 you have given us a full and accurate description of the Goods and all parts of them

4.5.2 that you have advised us before we start to provide the Services about any dangerous Goods or Goods which need to be treated with care and attention above that which is normally provided by a transport company;

4.5.3 that any Goods which by their nature are dangerous or which require to be transported in a particular way or with particular attention will be so marked and will at all times comply with all regulations imposed by law as to their carriage;

4.5.4 that you are the owner of the Goods or have the full authority of the owner of the Goods to enter into an agreement with us;

4.5.5 that you will comply in all respect with all and any reasonable requirements which we may notify to you prior to the start of the Services whether these requirements relate to the provision of the Services directly by us or by a third party who we engage to assist us.

4.6 You agree and accept that, unless we have agreed in our acceptance of your Booking to load or unload Goods, we will not do so and that, if satisfactory arrangements are not available for their loading or unloading, we may refuse to accept them for delivery and still charge our full Price or, if satisfactory arrangements are not available for unloading, we may return the Goods to their point of collection for you to unload them and, in that event, may charge you an amount equivalent to twice the Price for the inconvenience we have experienced and by way of liquidated damages.

4.7 If delivery of the Goods is not possible and we are not able to return them to their point of collection we will retain them at a facility of our choosing (at your cost and at your risk) for the period of 7 days from the date upon which they should have been delivered and at the expiry of that period we may, at our sole discretion destroy the Goods or offer them for sale as your agent. In the event that we sell the Goods we may retain so much of the sale price as is required to pay for any balance of the Price due to us at that time, the costs of storage, destruction and/or sale and a reasonable amount to cover the administrative costs we have incurred. We will then account to you for any balance. If there is a shortfall due to us after sale or if we destroy the Goods then and in either case such amount will be a debt due from you to us under these Terms and Conditions and will bear interest at the rate specified in sub-clause 3.8.

4.8 If, in our reasonable opinion Goods are packed or presented to us in a condition which we consider is unsuitable for transport or which breaks any of these Terms and Conditions we may refuse to carry those Goods but the Price will still remain due and payable to us.

4.9 You accept and agree that our liability to you ends upon delivery of the Goods to the address you have specified to us in the Booking and that we have no liability if that address is incorrect or if the recipient was acting in any way illegally or incorrectly.

5. PROBLEMS WITH THE SERVICES AND YOUR LEGAL RIGHTS

5.1 We always use reasonable efforts to ensure that our provision of the Services is trouble-free. If, however, there is a problem with the Services we ask that you inform us (in writing) as soon as is reasonably possible.

5.2 We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical.

5.3 We will not charge you for remedying problems under this Clause 5 where the problems have been caused by us, any of our agents or employees or sub-contractors or where nobody is at fault. If we determine that a problem has been caused by incorrect or incomplete information or action provided or taken or not taken by you, sub-Clauses 4.6 and 4.7 will apply and we may charge you for remedial work.

5.4 If you are a consumer:

5.4.1 You agree that, for the purposes of the agreement between us and for the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 we may confirm the terms of this agreement and the services we are providing to you by email

5.4.2 you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, we suggest that you contact your local Citizens Advice Bureau or Trading Standards Office. If we do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in Price. If the Services are not performed in line with information that we have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if our breach concerns information about us that does not relate to the performance of the Services), you have the right to a reduction in price. If for any reason we are required to repeat the Services in accordance with your legal rights, we will not charge you for the same and we will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 days starting on the date on which we agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method. In addition to your legal rights relating directly to the Services, You also have remedies if we use materials that are faulty or incorrectly described.

6. OUR LIABILITY

6.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence (including that of our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

6.2 We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

6.3 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

6.4 Nothing in these Terms and Conditions seeks to exclude or limit our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by us about the Services or about us.

6.5 Nothing in these Terms and Conditions seeks to exclude or limit your legal rights if you are a consumer.

7. EVENTS OUTSIDE OF OUR CONTROL (FORCE MAJEURE)

7.1 We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control.

7.2 If any event described under this Clause 7 occurs that is likely to adversely affect our performance of any of our obligations under these Terms and Conditions:

7.2.1 We will inform you as soon as is reasonably possible;

7.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that we are bound by will be extended accordingly;

7.2.3 We will inform you when the event outside of our control is over and provide details of any new dates, times or availability of Services as necessary;

7.2.4 If an event outside of our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under sub-Clause 8.3.3. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 days of our acceptance of your cancellation notice;

7.2.5 If the event outside of our control continues for more than one week, we may cancel the Contract in accordance with our right to cancel under sub-Clause 8.5.3 and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 days of our cancellation notice.

8. CANCELLATION

8.1 If you wish to cancel your Booking for the Services before the Services begin, you may do so under sub-Clause 2.4.

8.2 Once we have begun providing the Services, because of their nature, your right to cancel ceases.

8.3 If any of the following occur, you may cancel the Services and the Contract immediately by giving us written notice. If you have made any payment to us for any Services we have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 days of our acceptance of your cancellation. If we have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 3. If you cancel because of our breach under sub-Clause 8.3.1, you will not be required to make any payments to us.

8.3.1 We have breached the Contract in any material way and have failed to remedy that breach within 10 days of you asking us to do so in writing; or

8.3.2 We enter into liquidation or have an administrator or receiver appointed over our assets; or

8.3.3 We are unable to provide the Services due to an event outside of our control or

8.4 We may cancel your Booking for the Services before the Services begin under sub-Clause 2.5.

8.5 If any of the following occur, we may cancel the Services and the Contract immediately by giving you written notice. If you have made any payment to us for any Services we have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 days of Our cancellation notice. If we have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, we will invoice you for those sums and you will be required to make payment in accordance with Clause 5:

8.5.1 You fail to make a payment on time as required under Clause 3; or

8.5.2 You have breached the Contract in any material way and have failed to remedy that breach within 5 days of us asking you to do so in writing; or

8.5.3 We are unable to provide the Services due to an event outside of our control (for a period longer than that in sub-Clause 7.2.5).

8.6 For the purposes of sub-Clause 8.3.1 a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.

9 CONSEQUENCES OF TERMINATION

On termination of the Contract for any reason:

9.1 You will immediately pay to us all our outstanding monies to which we are entitled including interest and we may submit an invoice in respect of all work which we have completed but which has not been billed and that invoice will become due for payment immediately on delivery to you;

9.2 You will return to us all and any materials we have supplied but for which we have not been paid. If you fail to do so, then we may enter your premises without prior notice and without your further consent and take possession of those materials. Until they have been returned, you will be solely responsible for their safe keeping and will not use them for any purpose;

9.3 the accrued rights, remedies, obligations and liabilities of the Parties as at expiry or termination will not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and

9.4 clauses which expressly or by implication have effect after termination will continue in full force and effect.

10. CONFIDENTIALITY

10.1 We undertake that, except as provided by sub-Clause 10.2 or as authorised in writing by you, we will, at all times during the continuance of this Agreement and after its termination:

10.1.1 keep confidential all Confidential Information;

10.1.2 not disclose any Confidential Information to any other party;

10.1.3 not use any Confidential Information for any purpose other than as contemplated by and subject to the terms of this Agreement;

10.1.4 not make any copies of, record in any way or part with possession of any Confidential Information; and

10.1.5 ensure that none of our directors, officers, employees, agents, sub-contractors or advisers does any act which, if done by us , would be a breach of the provisions of sub-Clauses 10.1.1 to 10.1.4 above.

10.2 We may:

10.2.1 disclose any Confidential Information to:

10.2.1.1 any sub-contractor or supplier working with us to provide the Services;

10.2.1.2 any governmental or other authority or regulatory body; or

10.2.1.3 any of our employees or officers or of any of the aforementioned persons, parties or bodies;

to such extent only as is necessary for the purposes contemplated by this Agreement (including, but not limited to, the provision of the Services), or as required by law. In each case we will will first inform the person, party or body in question that the Confidential Information is confidential and (except where the disclosure is to any such body under sub-Clause 10.2.1.2 or any employee or officer of any such body) obtaining and submitting to you a written confidentiality undertaking from the party in question. Such undertaking should be as nearly as practicable in the terms of this Clause 10, to keep the Confidential Information confidential and to use it only for the purposes for which the disclosure is made; and

10.2.2 use any Confidential Information for any purpose, or disclose it to any other person, to the extent only that it is at the date of this Agreement, or at any time after that date becomes, public knowledge through no fault of ours. In making such use or disclosure, we will not disclose any part of the Confidential Information which is not public knowledge.

10.3 The provisions of this Clause 10 will continue in force, notwithstanding the termination of this Agreement for any reason.

11. INDEMNITY

11.1 You will indemnify us against all liabilities, costs, expenses, damages and losses suffered or incurred by us arising out of or in connection with:

11.1.1 any breach of your obligations contained herein;

11.1.2 any claim made against us by a third party arising out of or in connection with the provision of the Services, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of this agreement by you, your employees, agents or subcontractors;

11.1.3 any claim made against us by a third party for death, personal injury or damage to property arising out of or in connection with the carriage of any Goods.

11.2 This indemnity will apply whether or not we have been negligent or at fault but will not abrogate us from our duty of care.

11.3 If any third party makes a claim, or notifies you of an intention to make a claim, against us which may reasonably be considered likely to give rise to a liability under this indemnity (a Claim), you will:

11.3.1 as soon as reasonably practicable, give written notice of the Claim to us, specifying the nature of the Claim in reasonable detail;

11.3.2 not make any admission of liability, agreement or compromise in relation to the Claim without the our prior written consent;

11.3.3 give us and our professional advisers access at reasonable times (on reasonable prior notice) to your premises and your officers, directors, employees, agents, representatives or advisers, and to any relevant assets, accounts, documents and records within your power or control, so as to enable us and our professional advisers to examine them and to take copies for the purpose of assessing the Claim; and

11.3.4 subject to you providing security to us and to our reasonable satisfaction against any claim, liability, costs, expenses, damages or losses which may be incurred, take such action as you may reasonably request to avoid, dispute, compromise or defend the Claim.

12. NOTICES

12.1 All notices under these Terms of Service will be in writing.

12.2 Notices will be deemed to have been duly given:

12.2.1 when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or

12.2.2 when sent, if transmitted by fax or e-mail and a successful transmission report or return receipt is generated; or

12.2.3 on the fifth Business Day following mailing, if mailed by national ordinary mail, postage prepaid; or

12.2.4 on the tenth Business Day following mailing, if mailed by airmail, postage prepaid.

12.3 In each case notices should be addressed to the most recent address, e-mail address or facsimile number notified to the other Party.

13. RELATIONSHIP BETWEEN YOU AND US

Nothing in these Terms and Conditions will create, or be deemed to create, a partnership, the relationship of principal and agent, or of employer and employee between you and us.

14. ASSIGNMENT

14.1 Subject to sub-Clause 14.2 neither you nor we will assign, transfer, sub-contract or in any other manner make over to any third party the benefit and/or burden of these Terms and Conditions without the prior written consent of the other, such consent not to be unreasonably withheld.

14.2 We will be entitled to perform any of the obligations undertaken by us through any other member of our group of companies or through suitably qualified and skilled sub-contractors. Any act or omission of such other member or sub-contractor will, for the purposes of these Terms and Conditions, be deemed to be our act or omission.

15. SEVERANCE

We and you agree that, in the event that one or more of the provisions of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder. The remainder of these Terms and Conditions will be valid and enforceable.

16. ENTIRE UNDERSTANDINT BETWEEN US

16.1 Any estimate we provide and these Terms and Conditions embody and set forth the entire terms and conditions and understanding between you and us and supersede all prior oral or written terms of services, understandings or arrangements relating to their subject matter.

16.2 Neither you nor we may rely on any terms or conditions, understanding or arrangement not expressly set forth in these Terms and Conditions, unless it was made fraudulently.

16.3 These Terms and Conditions may only be varied by a document signed by both you and us.

17. NO WAIVER

We and you agree that no failure by the other to enforce the performance of any provision in these Terms and Conditions will constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms and Conditions. Such failure will not be deemed to be a waiver of any preceding or subsequent breach and will not constitute a continuing waiver.

18. LAW AND JURISDICTION

18.1 These Terms and Conditions and the Contract will be governed by the laws of England and Wales.

18.2 Any dispute between you and us relating to these Terms of Service will fall within the jurisdiction of the courts of England and Wales.

SCHEDULE

Booking means your booking for the Services

Business Day means any day other than a Saturday, Sunday or Bank Holiday;

Confidential Information means confidential information which is disclosed to us by you pursuant to or in connection with this Agreement (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such

Contract means the contract for the provision of Services which comes into effect when we have accepted your Booking

Goods means all and any items which we agree to transport for you under these Terms and Conditions

Services means the services which we agree to provide to you

You Your means the entity making an Booking

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