Terms and Conditions

RHA 1998 Conditions of Carriage. Download PDF

RHA 1998 Conditions of Storage. Download PDF

CMR Conditions of Carriage. Download PDF

Redhead Freight Limited

Introduction

Most organisations that contract to undertake work on behalf of clients, use Terms & Conditions of Carriage, 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 available to Customers.

1. The Standard Trading Conditions of Redhead Freight Ltd, are those of the British International Freight Association, (BIFA 2005 Edition).

These terms are reproduced in full, on the reverse of all our Letterheads, Invoices, Delivery notes, Waybills, and other operational documents.

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 £ 1.50 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.

2. 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 1998 Edition).

These terms are available on our web site, or hard copy on request.

Our liability under these terms is £ 1.30 per gross kilo

3. 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 1998 Conditions of Storage).

These terms are available on our web site, or hard copy on request

These terms apply only when storage charges are being raised, and do not effect 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.

5. In certain circumstances the provisions of International Conventions take precedence over our normal trading conditions:

A. 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, who never quite got round to it !

These terms are available from HMSO, and may also be found on unauthorised websites !

The liability under CMR is currently £ 6.50 per kilo, but this is subject to change as this value depends on the value of SDRs and fluctuates accordingly.

B. 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.

6. 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.

7. 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.

Conclusion.

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 to their own insurers, who will offer advice as required, but advice based on the knowledge of clear conditions of carriage.

We of course are also available to discuss or clarify these terms should you wish to do so.

Please contact Richard Luxton: Email: rhl@redhead-int.com
Fax: 01274 691082
Phone: 01274 464297