Terms and Conditions

1. DEFINITIONS:

The following definitions shall apply to the terms and conditions set out below, which govern this shipping agreement between V MARCU TRANS Ltd and You as a Customer.

“We”, “Us”, the “Carrier”, and “Our” refer to V MARCU TRANS Ltd, its respective employees, agents, couriers, independent contractors, and representatives.

“You”, “Your”, “Client”, or “Customer” refers to the person, recipient, company, sender, receiver, and owner of the contents of the delivery, with whom V MARCU TRANS Ltd enters into an agreement for the carriage of goods.

“Carriage” or “Transportation” includes all services provided by us in connection with delivery.

“Contract” or “Agreement” denotes the legal agreement for goods transportation between the Customer and V MARCU TRANS Ltd.

“Receiver” denotes the person or company to whom V MARCU TRANS Ltd contracts to deliver the Goods, or the individual indicated by the sender as the recipient in the contract.

“Goods”, “Consignment”, “Cargo”, “Freight” denotes an envelope, document, package, or parcel, whether a single item, in bulk, or contained in one or more pallets or containers, sent by or for the Customer to the Receiver from one address to another.

“Delivery Address” refers to the address for delivery of the Goods provided by the Client to the Carrier at the time of booking.

“Downtime” refers to any costs or expenses incurred by V MARCU TRANS Ltd as a result of excessive and unreasonable detention of any vehicle or other equipment under our control while performing work.

“Force Majeure” refers to unforeseen circumstances beyond our control that may affect carriage, for which we are not responsible.

“Dangerous Freight” denotes any items restricted by dangerous goods regulations in accordance with UK law.

 

2. YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS

By utilizing our services, you agree to the following terms and conditions:

These terms and conditions apply and are incorporated into the agreement between the Customer and the Carrier.

They shall take precedence over any conflicting terms or conditions contained in the Customer’s purchase order, confirmation of order, acceptance of a quotation or specification, or implied by law, trade custom, practice, or course of dealing.

By entrusting your goods to us, you automatically accept all our carriage conditions outlined in this agreement. Our terms and conditions also extend to cover our representatives who are involved in the collection, transportation, or delivery of your goods.

None of our representatives have the authority to change or modify these terms and conditions of the agreement between V MARCU TRANS Ltd and the Client.

The Road Haulage Association Limited Conditions of Carriage 2020 are hereby incorporated into these Conditions (“RHA Terms”). In the event of any conflict or inconsistency between the RHA Terms and these Conditions, the provisions of the RHA Terms shall prevail.

 

3. PARTIES AND SUB-CONTRACTING

The Customer guarantees that they are the owner of the Cargo or are authorized by the real owner of the Cargo to accept our terms and conditions of transportation on behalf of the owner of the Cargo.

V MARCU TRANS Ltd, and any other carrier employed by V MARCU TRANS Ltd, may engage the services of any other carrier to fulfill the Agreement in whole or in part, and the name of every such carrier shall be provided to the Customer upon request. The Carrier may, at any time, assign, mortgage, charge, delegate, declare a trust over, or deal in any other manner with any or all of its rights and obligations under the Agreement, to the extent permitted by law.

The Carrier contracts for itself and as an agent for its servants, agents, and all other carriers referred to in the previous paragraph, as well as such other carriers’ servants and agents. 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, along with the Carrier, be under no greater liability to the Customer or any other party than the Carrier is hereunder.

Your agreement is with V MARCU TRANS Ltd or any of our independent contractors that originally accept the goods from you. You agree that we may subcontract the whole or any part of the carriage on any terms and conditions we decide.

By entrusting us with your goods, you accept our terms and conditions set out in this agreement of carriage on behalf of yourself or anyone else who has an interest in the goods, irrespective of whether you have signed the front of the consignment note or not. Our terms and conditions also cover anyone we use to collect, transport, or deliver your goods. None of our employees, agents, or subcontractors are authorized to alter or modify these terms and conditions. If you provide us with goods along with oral or written instructions that conflict with these terms and conditions, we shall not be bound by such instructions.

 

4. DANGEROUS GOODS

The Carrier is not obligated to transport any Dangerous Goods or Freight.

It is the Customer’s responsibility to determine if the contents of any Freight are Dangerous Goods, prohibited, or subject to restrictions or specific requirements within the UK.

The Customer must not send or attempt to send Freight containing any Dangerous Goods, prohibited, or restricted goods via the Carrier without disclosing this information.

If the Customer sends or attempts to send Dangerous Goods, prohibited, or restricted goods, the Customer may be liable to prosecution and shall indemnify and hold harmless the Carrier, its employees, contractors, subcontractors, and agents against any loss, damage, or liability incurred as a result of such actions.

The Customer bears full legal responsibility to the Carrier or any representative of the Carrier for all losses, damages, or injuries resulting from the carriage of Dangerous Goods, whether declared as such or not, and for all Goods that are not properly packaged and labeled.

V MARCU TRANS Ltd reserves the right to open and inspect any Consignment.

 

5. BOOKINGS, STARTING AND DURATION

Each telephone booking must be followed up with an email confirmation.

If the Customer has made a booking through our website platform, a V MARCU TRANS Ltd representative will contact the Customer within 24 hours to confirm all details.

The quote for cargo carriage is valid for ten calendar days from the date of the Carrier’s offer.

Our company reserves the full right to refuse any bookings.

 

6. DELIVERY/LOADING AND UNLOADING

The Customer undertakes to ensure proper and secure packaging of the Cargo, ensuring its safety and security during storage and transportation.

We will make all reasonable efforts to deliver the Freight within the time specified by the Customer; however, this time is only an estimate and is not binding for the purposes of this agreement.

The Customer is responsible for providing appropriate equipment and labor for loading and unloading the Cargo. Additionally, it is the Client’s responsibility to provide any special equipment or instructions necessary for loading or unloading the Cargo.

We are not obligated to provide any equipment or labor other than that carried on the vehicle.

The Customer undertakes to provide adequate and safe access to the loading and unloading points for the Goods. Furthermore, the Customer must ensure that the path connecting the loading/unloading point and the public highway is suitable for vehicle passage and provides sufficient space to load/unload the Cargo safely.

If the Customer fails to provide the necessary equipment or conditions for loading/unloading the Goods, we do not guarantee the integrity of the Cargo and do not assume any responsibility to the Customer for any damage caused during loading/unloading.

The Client also undertakes to compensate the Carrier for any damage incurred as a result of loading/unloading if incorrect instructions were provided or if the loading/unloading conditions were inadequate.

Upon request, the Customer undertakes to provide the Carrier with detailed information about any risks that may exist at the addresses of receipt or delivery of the Goods.

Unless otherwise agreed in writing between the Customer and the Carrier, the Customer bears full responsibility for loading and unloading the Carrier’s vehicle.

 

7. CUSTOMER’S OBLIGATIONS

The Cargo provided by the Client must not be harmful to human health and must not cause environmental pollution.

The Customer is responsible for ensuring that each of their employees, representatives, and subcontractors complies with all the rules and conditions set forth by the Carrier.

The Customer must provide the Carrier with accurate and correct information for the transportation of Goods and must also furnish all necessary paperwork for the transportation process.

If any action or inaction of the Customer complicates, delays, or cancels the execution of the Carrier’s service, extra fees may be charged to the Customer.

The Carrier reserves the right to suspend the fulfillment of its obligations until the Customer rectifies any failure to fulfill obligations or provides all necessary information to complete the transportation.

We are not liable for any losses or expenses incurred by the Customer directly or indirectly as a result of our failure to perform or delay in performing any of our obligations, which are affected by the actions or omissions of the Customer.

The Client is obligated to reimburse the Carrier for any expenses or losses incurred directly or indirectly as a result of the Customer’s failure to fulfill obligations.

 

8. INVOICES and PAPERWORK

Before or after loading the Cargo, the Customer is obligated to sign and hand over to the Carrier’s representative paperwork indicating:

a) The number of items, parcels, bags, pallets loaded in the vehicle.

b) The most accurate description of the product and packaging method.

c) The gross weight of the Freight to be transported.

d) The full Collection address and the Delivery Address.

e) The full sender information and recipient contacts.

f) Any other information reasonably required by the Carrier.

 

9. UNDELIVERED FREIGHTS

If, due to force majeure circumstances, we are unable to deliver the Cargo, we must make reasonable efforts to notify the Customer and Recipient.

 

10. FRAUD

The Carrier is under no circumstances responsible for the Cargo in the event of fraud committed by the customer, owner, recipient, or any direct and indirect representatives of the Cargo.

 

11. LIABILITY FOR DAMAGE AND LOSS

The Customer automatically agrees to the terms and conditions described above. Even if the customer has not agreed in writing that the Carrier is not responsible for loss, damage, or mis-delivery, the agreement will automatically take effect when the Carrier’s work begins.

In accordance with these terms and conditions of the agreement, the Carrier is responsible for the physical loss of cargo, incorrect delivery, or damage to living beings, money, documents, stamps, precious metals, jewelry, or other items included in the Cargo only if:

a) The Carrier has given written consent to the carriage of any such items.

b) Before loading, an act was written up with a list of goods upon acceptance of the transfer of goods from the Customer to the Carrier.

c) The Customer agreed in writing to pay the Carrier all additional costs for transporting the specified goods.

d) Mis-delivery, damage, or loss of goods occurred due to the fault of the Carrier during carriage of the goods, and it is legally proven that this occurred due to the negligence of the Carrier.

e) There was no Force Majeure or other circumstances that the Carrier could not have influenced to eliminate the causes.

The Carrier shall under no circumstances be liable for any loss or damage goods arising after delivery of the goods is considered complete within the meaning of these terms and conditions. The Carrier is liable for damage or loss of Cargo during carriage only if it was done intentionally or the Carrier’s negligence has been proven.

 

12. CARRIER’S FEE

Fees are due and payable on time without deduction or extension. No claims or counterclaims may affect the payment deadline.

The Customer is obliged to make payment to the Carrier within 21 (twenty-one) calendar days from the date of booking the carriage. The Carrier has the right to charge interest and legal costs on any amount overdue from the date of payment until payment of the overdue amount, before or after a judgment is rendered. Interest under this clause will accrue each day at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998, as amended from time to time.

If before the start of the carriage, the Customer did not request in writing that the Carrier provide proof of confirmation of delivery, such as signed papers or any other confirmations including photographs, payment cannot be withheld by the Customer if the Carrier cannot provide all of the above at the request of the Customer.

The Customer is given 24 hours from the moment the Cargo is delivered to the recipient to notify the Carrier in writing if due to some inadequate circumstances the Cargo was not delivered. After this time, the Carrier is not obliged to provide proof of delivery, and this cannot affect the payment, which must be made in accordance with the agreement.

The Customer has the right to cancel the booking of carriage at any time but no less than an hour before the set loading time. If the Customer cancels the service less than an hour before the established loading time, the Carrier shall have the full right to charge 100% of the fee from the payment.

If the Cargo is not ready for loading at the agreed time, the first 30 minutes of downtime is free. For the remaining waiting time, the Carrier shall charge up to £25 Sterling for every subsequent hour of waiting time. The same fees apply to delayed unloading.

The Customer has no legal right to deduct or withhold any amount from the original cost of services they claim is due to them for any reason.

The Carrier has the right to change the initial cost of services if:

a) there was a time delay during loading/unloading through no fault of the Carrier.

b) there was a loss of time in searching for the destination of delivery due to the initially incorrectly specified address by the Customer.

 

13. UNJUSTIFIED DELAY

If there is downtime of the Carrier’s vehicle or its representative, the Customer bears full responsibility and is obliged to pay for the downtime.

 

14. LIMITATION OF LIABILITY

If, due to the Carrier’s fault, and this has been proven by the Customer, the Cargo is lost or damaged in any circumstance, compensation is limited to the lesser of the value of the actual lost or damaged Cargo or the cost of repair or restoration of any damaged goods, or a sum calculated at the rate of £1,300 Sterling per tonne on the gross weight of the goods actually lost. In the event of loss, damage, or mis-delivery to part of the Cargo, only the gross weight of that part is taken into account, and not the original total weight of the Cargo.

Nothing in these Terms and Conditions shall limit the Carrier’s liability to less than £20 Sterling.

The Carrier has every right to demand from the Customer any relevant information about the lost, damaged, or mis-delivered Cargo, including confirmation of dispatch, proof of the cost of this Freight or part of it, serial number, IMEI, weight, repair cost estimates, and any documentary evidence confirming the cost of repairing or replacing the damaged or missing part of the Cargo.

 

15. TIME LIMITS FOR CLAIMS

The Carrier shall not be held responsible for any damage, loss, or incorrect delivery of the Cargo or part thereof unless the Carrier’s representative was negligent and the Customer, with direct evidence of such negligence, notifies the Carrier in writing within 24 hours after delivery.

The Carrier reserves the right to conduct investigations as it deems necessary to verify the validity of any claim. In the event of loss or damage to goods, the Carrier may spend a reasonable amount of time investigating the situation, and the Customer agrees to cooperate with the Carrier to a reasonable extent under the circumstances.

Any information requested by the Carrier after the claim has been substantiated must be provided to the Carrier within 7 (seven) calendar days from the date of the claim. Failure to provide the requested information within this time may result in the closure of the claim.

If the parties fail to reach a compromise after a claim is filed and a dispute arises, each party shall notify the other party in writing with a Dispute Notice, specifying the nature and full details of the dispute. Upon receipt of a Dispute Notice, both parties must make a good faith effort to resolve the dispute.

If, for any reason, the parties are unable to resolve the dispute within 30 days of the service of the Dispute Notice, they shall attempt to settle it through mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed, the mediator shall be nominated by CEDR. To initiate mediation, a party must serve a written notice (“ADR Notice”) to the other party to the dispute, requesting a copy of the ADR Notice to be sent to CEDR. Mediation shall commence no later than 14 days after the date of the ADR Notice.

The commencement of mediation shall not preclude the parties from commencing or continuing court proceedings relating to the dispute under condition 17 (Governing Law and Jurisdiction), which shall apply at all times.

The Customer acknowledges and agrees that the time limits set out in this Condition 15 are reasonable and reflective of the urgent nature of the Consignments that the Carrier undertakes for the Customer. These time limits are necessary to preserve appropriate evidence for any claims (including the ability to interview and obtain witness statements from drivers and other third parties).

If a claim is made in error by the Customer, the Customer will be charged an administration fee of £10 Sterling.

 

16. CONFIDENTIALITY

Both parties to the agreement are strictly prohibited from disclosing or sharing with any third party any information concerning their joint business, affairs, clients, or suppliers of each other.

Each party may disclose the other party’s confidential information as required by law, a court of competent jurisdiction, or any governmental or regulatory authority.

 

17. GOVERNING LAW and JURISDICTION

– Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

 

18. GENERAL

These conditions, along with any documents and information on all websites, platforms, and apps where the name of our company V Marcu Trans Ltd is mentioned, constitute the entire agreement between the Carrier and the Customer.

The Client acknowledges that, in agreeing to these terms and conditions, they do not rely on any oral or written representations or undertakings.

The Carrier agrees that they, and/or any of their employees and/or those for whom they are responsible, will comply with any applicable anti-bribery or anti-money laundering laws and/or regulations in connection with these Conditions or related services.

The Carrier shall not be liable to the other for any delay or non-performance of the Services to the extent that such non-performance is due to a Force Majeure Event (including but not limited to any genuine circumstances outside the reasonable control of either party which were not reasonably foreseeable at the date of execution hereof, including war, insurrection, earthquake, riot, fire, and flood, but excluding any changes to guidelines, industry codes, or regulations or industrial disputes).