RHA CONDITIONS OF CARRIAGE 2024
Effective January 2024
PLEASE NOTE: The customer may not in all circumstances be entitled to compensation, or to full compensation, for any loss and may be subject to certain obligations and indemnities. Customers should therefore seek professional advice on appropriate insurance cover to be maintained while consignments are in transit.
1. Definitions
“Customer” – the person or company who contracts for the services of the Carrier.
“Carrier” – the company providing the carriage service.
“Consignment” – goods sent at one time, in one load, from one address to one address.
“Dangerous Goods” – substances or articles classified as dangerous under ADR or UK regulations.
Other definitions as per full terms.
2. Parties and Sub-Contracting
- Customer warrants they are owner or authorised to contract for carriage.
- Carrier may sub-contract work and assign rights under the contract.
- Carriage by rail, sea, inland waterway or air is arranged as agent for the Customer and subject to the carrier’s own terms.
3. Dangerous Goods
- Must be declared in writing in advance.
- Customer must ensure compliance with all statutory regulations for classification, packing, marking, labelling, and documentation.
4. Loading and Unloading
- Customer responsible for loading; Consignee responsible for unloading unless otherwise agreed.
- Carrier not liable for loss/damage arising from unsafe loading/unloading.
- Customer to provide suitable, safe access and equipment.
5. Obligations of the Customer
- Goods must be lawful to transport and not cause harm.
- Compliance with Carrier’s health, safety, and security regulations.
- Provide accurate information and allow access to welfare facilities.
- Carrier may suspend service if Customer defaults on obligations.
6. Receipts
- Carrier can provide a document acknowledging receipt; burden of proof of condition lies with the Customer.
7. Transit
- Begins when goods leave the collection premises.
- Ends when goods arrive at the proper delivery place, subject to access and unloading conditions.
- Risk is with the Customer when not in transit.
8. Undelivered or Unclaimed Consignments
- Carrier may sell goods if undelivered/unclaimed after reasonable notice, deducting costs before remitting balance.
9. Carrier’s Charges
- Payable by Customer unless agreed otherwise.
- Payable without deduction/set-off.
- Carrier entitled to storage charges and costs if contract is cancelled.
10. Liability for Loss and Damage
- Standard liability limit is £1,300 per tonne gross weight unless otherwise agreed in writing.
- Carrier not liable for losses caused by Force Majeure events.
- Certain high-value goods (e.g., bullion, precious metals) carried only by prior written agreement.
11. Fraud
- No liability if loss/damage involves fraud by Customer, Consignee, or owner unless Carrier’s employee was complicit.
12. Limitation of Liability
- Liability limited to lesser of goods’ value, cost of repair/replacement, or £1,300 per tonne.
- No liability for indirect or consequential losses such as loss of profits, sales, goodwill, or data.
13. Indemnity to the Carrier
- Customer to indemnify Carrier for losses arising from breach of terms, incorrect information, poor packing, or fraud.
14. Time Limits for Claims
- Loss/damage claims: within 7 days of transit ending.
- Other loss claims: within 28 days.
- Carrier discharged from liability if legal proceedings not issued within 1 year of transit start.
15. Lien
- Carrier has right to hold goods until charges are paid.
- May sell goods if payment not made within 14 days of notice.
16. Unreasonable Detention
- Customer liable for demurrage (charges for improper or excessive detention of Carrier’s vehicle/equipment).
17. Confidentiality
- Both parties must keep each other’s business information confidential except as required by law.
18. Law and Jurisdiction
- Governed by English law.
- Exclusive jurisdiction of the English courts unless otherwise agreed in writing.
© Road Haulage Association Limited 2024
These Conditions may only be used by members of the Road Haulage Association.
TCO Logistics Limited (UK)
RHA Membership number - 0037393-000