DASH Logistic Solutions Ltd - Terms and Conditions
DASH Logistic Solutions Ltd (hereinafter referred to as “the Carrier”) is not a common carrier and accepts goods for carriage only upon that condition and 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 a duly authorised person. If any part of these Conditions is incompatible with applicable 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, firm or company who contracts for the services of the Carrier.
- "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" refers to goods, whether a single item or in bulk, contained in one parcel, package, or container, or any number of separate items, parcels, packages, or containers sent at one time in one load by or for the Customer to the Consignee from one address to another.
- "Dangerous Goods" means goods classified under the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (CDG) and the ADR European agreement, including explosives, radioactive material, and any other goods presenting a similar hazard.
- "Delivery Address" means the address for delivery of the Consignment notified to the Carrier at the time of booking.
- "Demurrage" refers to any cost or expense suffered by the Carrier due to the improper, excessive, or unreasonable detention of any vehicle, trailer, container, or other equipment belonging to or under the control of the Carrier.
- "Force Majeure Event" is defined in Condition 14(3)(b).
- "In writing" includes electronic transmissions such as facsimile, electronic mail, or electronic data interchange (EDI), provided the information is readily accessible and durable.
2. Application of Conditions
- These conditions shall:
- Apply to and be incorporated into the contract between the Customer and the Carrier;
- Prevail over any inconsistent terms or conditions contained or referred to in the Customer’s purchase order, confirmation of order, or acceptance of a quotation.
- The Road Haulage Association Limited Conditions of Carriage 2020 ("RHA Terms") are incorporated into these Conditions. In case of any conflict or inconsistency, the RHA Terms shall prevail.
- The Customer’s purchase order, or acceptance of a quotation, constitutes an offer to purchase the services specified in it on these Conditions. No offer placed by the Customer shall be accepted by the Carrier other than:
- By a written or verbal acknowledgment of the quote issued by the Carrier; or
- By the Carrier starting to provide services, at which point a contract is established.
3. Bookings, Commencement, and Duration
- Each booking shall be submitted by the Customer via telephone or email.
- The Carrier shall provide a quotation for the delivery of the Consignment, which shall be valid for a period of 7 days unless otherwise specified.
- The Carrier reserves the right to refuse bookings.
- Services shall commence upon the Carrier’s acceptance of the Customer’s offer.
- Services shall continue until the Consignment is delivered or the agreement is terminated.
4. Parties and Sub-Contracting
- The Customer warrants that they are either the owner of the Consignment or are authorised by such owner to accept these Conditions on their behalf.
- The Carrier may employ the services of other carriers for fulfilling the Contract and will provide their names upon request.
- The Carrier acts for itself and as an agent for its servants and other involved carriers.
- The Carrier shall not be liable for losses arising from transport conducted by rail, sea, inland waterway, or air arranged through third parties.
5. Dangerous Goods
- The Carrier is not obligated to carry Dangerous Goods.
- The Customer is responsible for identifying whether the Consignment contains Dangerous Goods or restricted items.
- If the Customer attempts to send Dangerous Goods without disclosure, they may be prosecuted and held liable for any damages incurred.
- The Carrier has sole discretion in dealing with such Consignments, including disposal or return, at the Customer's expense.
6. Delivery
- The Customer must ensure that the Consignment is properly packed and safe for transport.
- The Carrier will use reasonable efforts to meet estimated delivery times, but time is not of the essence.
- Proof of delivery (POD) will be obtained upon delivery.
7. Loading and Unloading
- The Carrier is not obligated to provide loading or unloading equipment.
- The Customer must ensure safe access and proper handling facilities at the collection and delivery locations.
- The Carrier is not liable for damages arising from improper loading or unloading by the Customer or Consignee.
8. Obligations of the Customer
The Customer warrants that:
- The Consignment does not require special licenses or cause environmental harm.
- The Carrier will be provided with necessary information to comply with regulations.
- They will indemnify the Carrier against costs incurred due to Customer Default.
9. Consignment Notes and Signed Receipts
- The Carrier may sign documents acknowledging receipt but will not verify contents or conditions.
- The Customer must provide a detailed consignment note at the time of loading.
10. Transit
- Transit begins when the Carrier takes possession and ends upon delivery.
- If delivery cannot be completed, the Consignment may be stored or returned at the Customer’s expense.
11. Carrier's Charges
- Charges must be paid without deduction or deferment.
- The Carrier may apply interest on overdue payments.
- Additional fees apply for cancellations, waiting times, and additional services.
12. Liability and Indemnity
- The Carrier shall not be liable for losses beyond its control, including Force Majeure Events.
- Liability is limited to £1,300 per tonne or the value of the Consignment, whichever is lower.
- The Customer shall indemnify the Carrier against losses due to incorrect information, improper packing, or fraud.
13. Governing Law and Jurisdiction
These terms shall be governed by and construed in accordance with English law. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
These revised Conditions ensure that DASH Logistic Solutions Ltd is appropriately represented while maintaining clarity and legal robustness.