Terms and conditions

When You use the services of Collex Logistics Limited you are agreeing, on behalf of yourself and on behalf of anyone else with an interest in the Shipment that these Terms and Conditions listed below shall apply from the time the Carrier accepts the Shipment, unless otherwise agreed in writing by an authorised officer of Collex Logistics Limited.

“Shipment” means all documents, packages, parcels or freight consignments that travel with Collex Logistics Limited or a partner of Collex Logistics Limited so that the invoice for that Shipment comes from Collex Logistics Limited.  Every Shipment is authorised to be transported on a limited liability basis as provided herein.

“Carrier” means a transportation company, agent or provider that picks up, transports and delivers shipments for or on behalf of Collex Logistics Limited.

“Collex Logistics Limited” means Collex Logistics Limited Ltd, trading at Collex.

“You”, “Your” or “Yourself” means your company and you acting as an authorised representative of your company.

1. Collex Logistics Limited Account

When you use the services of Collex Logistics Limited You agree that You are an authorised representative of your company and that you are opening an account with Collex Logistics Limited for your company.

You agree to the terms and conditions in the Collex Logistics Limited Account Application.  You agree that the information provided in the Collex Logistics Limited Account Application is for the purpose of obtaining credit and is warranted to be true.  By signing the Collex Logistics Limited Account Application you authorise Collex Logistics Limited to investigate the references provided pertaining to your credit and financial responsibility.

Collex Logistics Limited may cancel your account at any time without prior notice to you for any reason or no reason.  You agree that if the account is cancelled you will pay for all shipments made under the account even if invoiced after the cancellation date.

2. Rates

You agree the rates provided by Collex Logistics Limited are for You only and that You will not let other companies use the rates without authorisation from Collex Logistics Limited.  You agree not to resell the services of Collex Logistics Limited to other companies and You agree to immediately notify Collex Logistics Limited if another company is found to be using Your Collex Logistics Limited account.  These rates are subject to change without notice.  These rates may also change if the characteristics of the actual Shipment differ from those reported by You such as weight, dimension, commodity, service nature, time, addresses and other conditions not accurately described at the time the Shipment is processed.

3. Packaging

You acknowledge that You have properly packaged the Shipment to ensure safe transportation with ordinary care in handling and that the Shipment packaging meets the requirements of the industry standards for packaging of such goods for the means of transportation nominated.  You further acknowledge that the contents of the Shipment were not damaged and were in good working order prior to shipment, unless otherwise noted by you prior to shipment and that you have done nothing to conceal the contents of the Shipment or any possible damage to the contents of the Shipment prior to the Shipment being tendered to the Collex Logistics Limited nominated delivery agent.  Should the goods not be packed appropriately for transportation, at the reasonable judgment of Collex Logistics Limited, Collex Logistics Limited shall not be liable in respect of any damages, delays or other consequences thereof.

4. Reservation of Rights

Collex Logistics Limited reserves the right at our absolute discretion to:

(a) Subcontract any part or parts of a delivery by employing the services of any other person, firm or company who shall also have the power to subcontract.

(b) Refuse to accept any consignment or part thereof for delivery.

(c) Refuse to accept dangerous goods for delivery.

We can use any method or route to deliver your consignment, including using subcontractors or agents.  Your rights will not be affected where subcontractors are used by us.  No subcontractor or agent shall be under any greater liability to you than we are, and we enter into this agreement with you on the basis that they are entitled to the limits of liability contained in these terms.

5. Reasonable endeavours

Collex Logistics Limited shall employ our reasonable endeavours to deliver your consignment within the time You request, but unless we expressly agree in writing before accepting your consignment for delivery, we will not be liable for any loss or expenses, including any consequential losses, you may suffer if the consignment is not delivered on time.  Collex Logistics Limited does not accept liability for any indirect or economic loss or damage suffered by you or any third party.  Our liability is strictly limited to the cost of replacement of, or repair to, the goods sent in the consignment, subject to limits and conditions, subject the terms stated herein.

6. Proof of delivery

Collex Logistics Limited will take all reasonable steps to obtain a proof of delivery at the time of delivery, and that proof of delivery will be conclusive evidence that the consignment was delivered complete and in good order, unless the consignee marks otherwise at the time of delivery.

Collex Logistics Limited will not be liable for any loss or misdelivery where delivery has been made in good faith to a person claiming to be the consignee, or an employee, subcontractor or agent of the consignee.  We reserve the right to make contactless delivery, where the recipient refuses to sign a proof of delivery, or where relevant authorities suggest for any reason that a contactless delivery is advisable, including, but not limited to, reasons relating to the health and safety of our Carriers and the recipient.

If you require a proof of delivery after delivery has been made, then we will endeavour to provide this to you, providing your request is made within 14 days from the date of dispatch.  Requests made later than this will be dealt with at our absolute discretion.  Settlement of our charges will not be conditional upon you receiving proofs of delivery, and You agree not to delay or withhold payment pending receipt of proofs of delivery, irrespective of when any request was made to us.

Where obtained, we will retain original hard copy proofs of delivery obtained by us for a minimum period of two months from the date of collection.  After that we may destroy these items without any reference or obligation to you.

7. Insurance and transit coverage

Collex Logistics Limited is not responsible for any cargo damage, delay or loss of Shipments moved through an Collex Logistics Limited Carrier.   You may be offered the option to select a shipment warranty product from Collex Logistics Limited but Collex Logistics Limited is under no obligation to provide this service.  This shipment warranty product is a transportation services warranty and not insurance.

If you choose the shipment warranty product, its terms and conditions listed herewith shall apply.  You further agree to accept the Collex Logistics Limiteds or Collex Logistics Limited’s nominated underwriter’s decision, whether you chose insurance or not, as full and final resolution of your claim.

If the loss or damage is our fault, then our liability to you is limited as follows:

Up to £50.00 per same day delivery, with an access fee of £50.00 first applying.

£6 per kilo for next day deliveries, unless prior arrangements are made, and by prior arrangement for international deliveries.

If these limits are not sufficient for your requirements, then we can provide extra insurance cover on individual consignments for an additional charge, and at the terms set out at the time of such communication.  You must notify Collex Logistics Limited in writing before we collect from you, and agree to pay the extra amount.  Alternatively, Collex Logistics Limited may provide additional ‘blanket’ cover on all your consignments for an additional charge, the terms of which must be agreed in writing between us before any extra cover is in place.  Further insurance terms are set out in our terms of insurance and liability coverage.

8. Payment

You agree to pay Collex Logistics Limited within 14 days from the date of invoice.

After that time, you will be deemed to have accepted our invoice as correct, and will make payment within our agreed terms.

You agree that in the event Your account is not paid according to the terms above or as described on the invoice your discounts may be reduced, therefore shipment pricing may increase, on all delinquent amounts over 30 days late.

You also agree that Collex Logistics Limited may have Shipments and freight pickup curtailed until your account is brought current.

Any and all costs of collection, including reasonable legal and debt collection fees if incurred will also be Your responsibility.

We may keep hold of your consignments until you have paid any amounts you owe us, even though these amounts may not relate to the items held.  We may then sell the items held, but only after we have given you seven days’ notice in writing.  Any proceeds (net of expenses) will be applied to your account with us.

9. Delivery service

(a) If your consignment needs special equipment (for example, e.g. a forklift, pump truck, moffat) or manpower to be loaded or unloaded, you must make sure it is available at both delivery and collection addresses. If such is not available, you will be liable for any resulting costs, which may include waiting, storage or redelivery charges.  Tail-lift vehicles are not guaranteed, save where requested in writing at the time of booking.  If delivery is not possible owing to no unloading equipment or manpower being available you may be charged the full cost of the journey in addition to any waiting time incurred.

(b) Save where expressly agreed in writing, all collections and deliveries made by Collex Logistics Limited or its nominated Carriers are strictly kerbside.

10. Waiting time

If we are kept waiting or loading longer than 10 minutes over the course of a delivery, we may charge you an additional amount (“waiting time”), this being our standard hourly rate in force at the time for the vehicle in question.  At present our charges are as follows:

For a bike or small van: £10 for every 10 minutes, or part thereof.

For larger vehicles: £15 for every 10 minutes, or part thereof.

11. Dangerous Goods

“Dangerous Goods” means dangerous substances as defined in the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992 (and any amendment or replacement thereof), explosives, radioactive substances and any other substance presenting a similar hazard, or anything you may ask us to deliver that could put the health and safety of other people at risk.  This includes (but is not restricted to) explosives, radioactive material, and items requiring specialist treatment or handling during transportation.

We reserve the right to refuse the carriage of Dangerous Goods, and do not offer insurance in respect of any Dangerous Goods which are carried.

In the event Collex Logistics Limited accepts to accept the carriage of such goods, you undertake that:

• The goods must be properly packed and prepared for transportation
• Packed by individuals trained and authorised by the relevant agencies in the handling and transportation of these items and will present certification and other paperwork if requested, including, but not limited to, DGN, MSDS and other certification.

In the event of a breach of any requirement regarding dangerous goods you agree to indemnify and hold harmless Collex Logistics Limited from all loss and liability arising from said shipment(s)and/or breach, without limitation.

12. Refunds

Where you have made a payment, or Collex Logistics Limited has collected payment via credit card, bank transfer or other automated collection process, you should address any invoice dispute or refund requests, in accordance with your contractual or statutory rights, in writing to Collex Logistics Limited.

13. Additional expenses

From time to time, we may incur additional expenses in the course of delivering your consignments.  These may include, but not limited to, tolls, parking charges, rubbish disposal charges, or similar items.  If we incur any such expenses, we will invoice them to you with normal delivery charges, and you will pay them within our credit terms stated herein.

14. Quotations

Any quotation or estimate of charges given to you will be valid for 30 days, unless the quotation states otherwise.  If you accept our quotation, delivery must take place within 30 days of the quotation date, otherwise revised charges may apply.  We will only be bound by written quotations accepted by you, and your acceptance will be deemed to have been given when you ask us to make the delivery quoted for.  Verbal quotations or estimates are expressed as a guide only, and will not be binding on us.

15. Miscellaneous

Except as expressly stated herein, there are no other warranties, express or implied, by operations of law or otherwise, of the services furnished by a particular purpose or arising from a course of dealing or usage or trade.  Collex Logistics Limited shall have no other liability to You in connection with the services furnished, including without limiting the generality of the foregoing, any liability for direct, indirect, incidental, special or consequential damages or any injury or damages to persons and property. Collex Logistics Limited will not be liable for goods or materials damaged by shipment.

In addition Collex Logistics Limited is not liable for any loss or damage arising out of circumstances beyond its control. These include, but are not limited to, electrical or magnetic damage to, erasure of, electronic or photographic images, data or recordings; acts of God, acts of public authorities acting with actual or apparent authority; acts or omissions of customs or similar authorities insufficient information provided by You; the application of security regulations imposed by the government; a government agency hold; riots, strikes or other labour disputes; civil unrest; industrial action disruptions of any kind in air or ground transportation networks such as weather phenomena and natural disasters.

These Terms and Conditions supersede any other terms or conditions provided to You by anyone at Collex Logistics Limited unless in writing.

Any claim made by you against Collex Logistics Limited with respect to any services provided by Collex Logistics Limited or a Carrier must be made in writing and delivered to Collex Logistics Limited within the terms required by the Carrier or within five working days of the date of the invoice, and any claim not made or notified as above will be deemed to be waived.

Notwithstanding the above, Collex Logistics Limited shall in any event be discharged of all liability whatsoever howsoever arising with respect to any services provided to you by Collex Logistics Limited or any Carrier unless suit is brought and written notice thereof is given to Collex Logistics Limited within three months from the date the event or occurrence alleged to give rise to a cause of action against Collex Logistics Limited.

Any dispute arising under or in any way connected with these Terms and Conditions apply shall be subject, for the benefit of Collex Logistics Limited, to the non-exclusive jurisdiction of the courts of, England and wales.

The advice and information given to you by Collex Logistics Limited is provided for you only and you undertake not to pass on any such advice or information to any third party without Collex Logistics Limited’s written consent.  You agree to indemnify Collex Logistics Limited against all loss and damage suffered as a consequence of any breach of this requirement.

The invalidity or unenforceability of any single provision shall not render any other part of these Terms and Conditions invalid.

You have read and agree to all these Collex Logistics Limited Terms and Conditions.