By visiting our website and placing an order you have read and accepted our Terms and Conditions as below.
Terms and Conditions
- Definitions
“Carrier” means JCA Logistics Ltd, which, unless the context requires otherwise, includes any sub-contractor appointed
by the Carrier.
“Customer”means the person or company who contracts for the services of the Carrier, including any other carrier who
gives a Consignment to the Carrier for carriage.
“Contract” means the contract of carriage between the Customer and the Carrier, which shall be made subject to these
Terms and Conditions.
“Consignee” means the person, company or representative of the company to whom the Carrier contracts to deliver the
Consignment.
“Consignment” means any item or items the Carrier carries for the Customer at one time in one load or from one
address to another in bulk or contained in one pallet, parcel, package, container or envelope, as the case may be, or any
separate number of pallets, parcels, packages, containers or envelopes sent at one time in one load by or for the
Customer from one address to one address. For the avoidance of doubt, the expression “goods” shall include papers
and documents other than those expressly excluded in these Terms and Conditions
“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 the Customer asks the Carrier to deliver that could put
the health and safety of other people at risk. - General
2.1 These Terms and Conditions cannot be changed or varied unless a director of the Carrier agrees in writing.
2.2 The Carrier is not a common carrier and accepts at its sole discretion Consignments for carriage under these
Terms and Conditions. - Authority and Sub-Contracting
3.1 The Customer warrants that he is either the owner of the goods in any Consignment or is authorised by the
owner to accept these Terms and Conditions on the owner’s behalf.
3.2 The Carrier and any other carrier employed by the Carrier may employ the services of any other carrier for the
purposes of fulfilling the contract in whole or in part and the name of every such other carrier shall be provided to
the Customer upon request.
3.3 The Carrier contracts for itself and (subject to paragraph 3.4) as agent of and trustee for its servants and
agents and all other carriers referred to in paragraph 3.2 above and such other carriers’ servants and agents.
3.4 Notwithstanding paragraph 3.3, the carriage of goods in any Consignment by rail, sea, inland waterway or air
is arranged by the Carrier as agent of the Customer and shall be subject to the terms and conditions of the rail,
shipping, inland waterway or air carrier contracted to carry the Consignment. - Dangerous Goods
Dangerous Goods must be disclosed by the Customer in advance and if the Carrier agrees to accept them for
Carriage they must be classified, packed and labelled in accordance with the statutory regulations for the carriage
by road of the substance(s) declared. Transport Emergency Cards (“Tremcards”) or information in writing in the
manner required by the relevant statutory provisions or by the relevant body authorised by statute to make
regulations must be provided by the Customer in respect of each substance and must accompany the
Consignment. - Delivery
5.1 Unless the Carrier has agreed in writing to the contrary with the Customer:
5.1.1 The Carrier shall not be under any obligation to provide any plant, power or labour required for loading or
unloading the Consignment, other than that carried by the vehicle used by the Carrier;Any assistance required
should be notified and agreed before.
5.1.2 The Customer warrants that any special equipment required for loading or unloading the Consignment that is
not carried by the Carrier’s vehicle will be provided or procured by the Customer;
5.1.3 The Carrier shall be under no liability whatsoever to the Customer and the Customer shall indemnify and
hold harmless the Carrier for any damage, however caused, if the Carrier is instructed to load or unload any goods
requiring special equipment if such equipment has not been provided or procured by the Customer.
5.2 The time specified in the Contract for delivery of the Consignment is not of the essence and delivery times are
estimated and not guaranteed. The Carrier will use all reasonable endeavours to ensure that the consignment is
delivered by the estimated time but the Carrier shall not be liable to the Customer, or be in breach of the Contract,
for any delay in delivery howsoever caused. - Consignment Notes
The Carrier shall, if so required, sign a document prepared by the Customer acknowledging receipt of the
Consignment but no such document shall be evidence of the condition or of the correctness of the declared
nature, quantity or weight of the Consignment at the time it is received by the Carrier - Transit
7.1 Transit shall commence when the Carrier takes possession of the Consignment, whether at the point of
collection or at the Carrier’s premises.
7.2 Where the Carrier at the request of the Customer loads a consignment on one day for delivery on the next
working day so that the Consignment is stored in a vehicle, transit shall commence and storage shall be deemed
to end when the vehicle begins delivery.
7.3 Transit shall (unless otherwise previously determined) end when the Consignment is tendered at the usual
place of delivery at the Consignee’s address PROVIDED THAT:
7.3.1 If no safe and adequate access or, if applicable, no adequate unloading facilities there exist, then transit
shall be deemed to end at the expiry of one hour after notice by telephone of the arrival of the Consignment at the
Carrier’s premises has been given to the Customer; or
7.3.2 When for any other reason whatever a Consignment cannot be delivered or when a Consignment is held by
the Carrier to “await order” or upon any like instructions and such instructions are not given or the Consignment is
not called for and removed within a reasonable time determined by the Carrier, then transit shall be deemed to
end at the expiry of such reasonable time. - Undelivered or Unclaimed Goods
8.1 Where the Carrier is unable for any reason to deliver a Consignment to the Consignee or as he may order, or
when by paragraph 7.2 above transit is deemed to be at an end, the Carrier may sell the goods comprising the
Consignment. Payment or tender of the proceeds after deduction of all proper charges and expenses in relation
thereto and of all outstanding charges in relation to the carriage and storage of the Consignment shall (without
prejudice to any claim or right which the Customer may have against the Carrier otherwise arising under these
conditions) discharge the Carrier from all liability in respect of the Consignment.
8.2 Notwithstanding the generality of paragraph 8.1 above, the Carrier shall use his reasonable endeavours to
obtain a reasonable price for the Consignment and the Carrier’s power of sale shall not be exercised where the
name and address of the Customer or of the Consignee is known unless the Carrier shall use its reasonable
endeavours to give notice to the Customer and to the Consignee that the goods will be sold unless within the time
specified in such notice, being a reasonable time in the circumstances from the giving of such notice, the goods
are taken away or instructions are given for their disposal. - Cancellation
9.1 Customers who are consumers have a right to cancel the Contract with the Carrier within seven working days
of conclusion of the Contract. The seven day period begins the day after conclusion of the Contract. Conclusion of
the contract means when the parties have entered into a legally binding agreement but, in relation to this clause,
performance of the Contract has not yet commenced
9.2 In order for a consumer to cancel an order, the Carrier must be notified by telephone, email or in writing to its
contact address within this 7 day period. A refund of any monies paid for the Contract will be made within 30 days
of cancellation. If the price of the Contract has been paid by credit or debit card, the credit or debit card account
will be re-credited as soon as possible and in any event within the above 30 day period.
9.3 If performance of the Contract has already commenced within 7 working days of conclusion of the contract
then the right to cancel is lost in accordance with Regulation 10 of the Consumer Protection (Distance Selling)
Regulations 2000. Performance of the Contract will be deemed to have commenced when the Consignment has
been collected from the Customer. - Carrier’s Charges
10.1 The Carrier’s charges shall be made in accordance with its tariff current at the time of performance of the
Contract. The Carrier will prepare invoices at least Twice a month and forward the same to the Customer.
Carrier will prepare invoices on 15th of each month and the last day of each month.Customer should ensure
invoices received on 15th of each month should be processed and paid before last day of each month,If the last
day falls on either Saturday or Sunday,customer should ensure payment is made by Friday that week.
Customer should ensure,invoices received on last day of the month should be processed by 15th of the following
month.Payment should be processed before 15th if it falls on a weekend
The Carrier at its absolute discretion may withdraw credit facilities at any time and the balance outstanding shall
become due immediately on demand.
10.2 The prices on the Carrier’s tariff are exclusive of any additional charges that the Carrier incurs on behalf of
the Customer, examples of which include (but are not limited to) the weight and size of the Consignment being
more than advised by the Customer, failed collection charges, toll charges,congestion charges,waiting time, redelivery,
return to sender and customs charges. The Carrier reserves the right to charge these further charges to
the Customer and add them to the invoice to the Customer.
10.3 The Carrier’s charges shall be payable by the Customer without prejudice to the Carrier’s rights against the
Consignee or any other person. Without prejudice to the generality of the foregoing, when goods are consigned
“carriage forward”, the Customer shall not be required to pay such charges unless the Consignee fails to pay after
demand has been made by the Carrier for the payment thereof and such demand has not been paid within the
time stipulated by the Carrier to the Consignee.
10.4 Except where any quotation states otherwise, all quotations given based on a weight charge shall apply to
the gross weight of the Consignment.
10.5 All sums due to the Carrier shall be paid without deduction, set-off or abatement and the customer shall not
withhold or defer any payment on account of any claim or counterclaim and acknowledges that any such claim or
counterclaim whatsoever by the Customer against the Carrier must be subject to separate proceedings.
10.7 Any queries as to the correctness of an invoice must be done within 24hours of issue of the invoice otherwise
it will be payable in full. - Late Payment Interest & Debt Collection Costs
11.1 The Carrier reserves the right to claim interest, compensation and reasonable costs under the Late Payment
of Commercial Debts (Interest) Act 1998 and it is agreed that the term implied by that Act shall apply after any
judgment as well as before. Any reference to the Late Payment of Commercial Debts (Interest) Act 1998 is also a
reference to any amendment, modification or re-enactment of it. If for any reason the Late Payment of Commercial
Debts (Interest) Act 1998 does not apply interest shall be payable on overdue amounts at 8% over the Bank of
England Base Rate from time to time.
11.2 Without prejudice to the Carrier’s right to claim costs under the Late Payment of Commercial Debts (Interest)
Act 1998, if for any reason any payment is not made when due the Carrier reserves the right to be paid on an
indemnity basis any costs the Carrier incurs in recovering any money due under this contract (and the costs of
recovering such costs) including the Carrier’s administrative costs, court fees, bailiffs and any costs incurred with
lawyers or debt collection agencies. The Carrier’s administrative costs may include the cost of employing the staff
concerned and the overheads attributable to them for the time spent. In calculating the Carrier’s administrative
costs credit will be given for any compensation due under the Late Payment of Commercial Debts (Interest) Act
1998. - Liability for Loss and Damage
12.1 The Customer shall be deemed to have elected to accept the terms set out in paragraphs 12.2 and 12.3
below unless, before the transit commences, the Customer has agreed in writing that the Carrier shall not be liable
for any loss or mis delivery or damage to the Consignment however or whenever caused and whether or not
caused or contributed to directly or indirectly by any act, omission, neglect, default or other wrongdoing on the part
of the Carrier.
12.2 Save where the Customer has made specific arrangements for insurance with the Carrier prior to
commencement of transit of the Consignment (as determined in accordance with Clause 7.1), the Carrier shall not
be liable for any loss or misdelivery or damage to bullion, money, travellers cheques, documents of any type,
credit/debit/store cards, gift vouchers, securities, promissory notes, stamps, photographs or their negatives,
pictures, other works of art, designs, drawings, art work, statues and other objects d’art, jewellery, ceramics,
precious stones, gold, silver, platinum and other precious metals, non-ferrous metals, antiques, watches,
valuables, furs, leathers, skins and the like, drugs, human remains, nuclear fuel or nuclear waste, cassettes,
videos, liquids, foodstuffs, tobacco and cigarettes, brittle/fragile/breakable articles, livestock, plants or perishables,
marine invertebrates (coral), vehicle panels, glass or wood or items containing glass or wood, mobile or satellite
phones, PDA’s and multi-purpose devices, satellite navigation and speed camera detection or warning equipment,
games consoles and portable electronic games, computer/telephony and peripheral equipment of every
description, photographic equipment of every description, audio, visual and audio-visual equipment or
accessories, furniture, white goods (eg refrigerators, freezers, dishwashers, cookers, clothes dryers and washing
machines), household goods, building materials, personal effects, second hand items, faulty or damaged items,
items purchased or sold from auction sites/shops or items of a like nature to any of the foregoing and the
Customer shall indemnify and hold harmless the Carrier in respect of any loss or damage caused in respect
thereof to any person whatsoever. In addition, the Carrier shall not carry any passengers under any
circumstances.
12.3 The Carrier shall not be liable in respect of any loss or misdelivery of or damage to any Consignment if the
same has arisen from and the Carrier has used reasonable care to minimise the effects of:
12.3.1 Acts of God;
12.3.2 Any consequences of war, invasion, act of foreign enemy, hostilities (whether war or not), civil war,
rebellion, insurrection, military or usurped power of confiscation, requisition or destruction of or damage to
property by or under the order of any government or public or local authority;
12.3.3 Seizure or forfeiture under legal process;
12.3.4 Act, omission, misstatement or misrepresentation by the Customer or other owner of the Consignment or
by servants or agents of either of them;
12.3.5 Inherent liability to wastage in bulk or weight, defect or inherent defect, natural deterioration or fragility of
the Consignment (notwithstanding that it may be marked “Fragile”);
12.3.6 Insufficient or improper packing;
12.3.7 Insufficient labelling or addressing;
12.3.8 Riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labour from whatever cause;
12.3.9 The Consignee not taking or accepting delivery within a reasonable time after the Consignment has been
tendered;
12.4 Deliveries that are made to a neighbouring property or alternative address other than the Consignee’s;
12.4.1 Collections and deliveries where the Sender or Consignee is not present and the Customer has provided
instructions for a Consignment to be left unsigned for;
12.4.2 The Carrier shall not in any circumstances be liable for loss or damage to the Consignment after transit of
such goods is deemed to have ended within Clause 7 above, whether or not caused or contributed to directly or
indirectly by any act, omission, neglect, default, or other wrong doing on the part of the Carrier. - Fraud
The Carrier shall not in any circumstances be liable in respect of a Consignment where there has been fraud on
the part of the Customer or the owner of the Consignment or any part thereof or the servants or agents of either of
them in respect of that Consignment, unless the fraud has been contributed to by the complicity of the Carrier or of
any servant of the Carrier acting in the course of his employment. - Limitation of liability
14.1 The liability of the Carrier for loss of or damage to any Consignment using the Carrier’s Time Critical, Non-
Standard Economy & Out of Hours delivery services shall be limited to a maximum of one thousand pounds
sterling (£1000.00) provided that where the Customer has arranged its own transit insurance cover and/or is itself
in the business of carrying or arranging to carry Goods for reward and/or in respect of goods as referred to in
Clause 4 the liability (if any) of the Carrier shall not exceed a sum at the rate of £10 per kilogram on the gross
weight of the goods or the value of the goods or the Customers own level of liability (whichever is the less)
whether such loss or damage was due to the fault or negligence of the Carrier or its servants, agents or
employees or otherwise.
14.2 The liability of the Carrier for loss of or damage to any Consignment using the Carrier’s UK Overnight delivery
service shall be limited to a maximum of £15 per kilogram on the gross weight of the goods up to £150.00 or the
Customers own level of liability (whichever is the less)
14.3 The liability of the Carrier for loss of or damage to any Consignment using the Carrier’s UK & Ireland Freight
delivery service shall be limited to a maximum of £1300 per tonne on the gross weight of the goods up to £150.00
or the Customers own level of liability (whichever is the less) whether such loss or damage was due to the fault or
negligence of the Carrier or its servants, agents or employees or otherwise.
14.4 For International movements such as Exports, Imports & Overland deliveries the liability will be restricted to
the amount of cover provided by our nominated agent but not exceeding £150.00.
14.5 Subject to the limits of liability at clauses 12.1, 12.2, 12.3 & 12.4 above the liability of the Carrier in respect of
claims for loss or damage to goods comprising the Consignment howsoever sustained shall in all circumstances
be limited to the value of the Consignment or part-Consignment actually lost or damaged which shall be the lesser
of the price paid for those goods by the Customer or the reasonable second-hand value of the goods actually lost
or damaged taking into account fair wear and tear and reasonable depreciation applicable to them but, in any
event, not less than 25% annual depreciation. For the avoidance of doubt, the liability of the Carrier does not
extend to the replacement value of the Consignment or part-Consignment actually lost or damaged.
14.6 If delivery has been carried out by a subcontractor Same-day Dispatch Services will place a claim on behalf
of the Customer to the Carrier who shall pay compensation to the Customer for loss of or damage to a
Consignment.
14.7 The Carrier shall have no liability to the Customer for any loss or damage of any nature including (but not
limited to) loss of profit and indirect or consequential loss arising from any breach of any express or implied
warranty or condition of the Contract or any negligence, breach of statutory or other duty on the part of the
Company or in any other way out of or in connection with the performance or purported performance of or failure
to perform the Contract except: – for death or personal injury resulting from the Company’s negligence; and as
expressly stated in these conditions.
14.8 The Carrier shall be entitled to receive written proof of the value of the Consignment damaged or lost and
shall be afforded by the Customer a reasonable opportunity to inspect the Consignment when delivery has been
effected to the Consignee.
14.9 The Carrier shall only be liable for loss or damage to the Consignment if the recipient signs the delivering
driver’s paperwork or personal data terminal (PDT) with written comment stating “missing goods” or “damaged” if
that is the case, otherwise it will be considered that the Consignment has been delivered complete and in good
condition. - Time Limits for Claims
All claims must be notified by within 24hrs after delivery of the shipment.Any requested supporting documentation
must then be received at the Carriers email address being info@jcalogistics.co.uk within 24 hours after the
commencement of transit as determined above. - Website
16.1 The information provided on the Website has not been written to meet specific Customer’s requirements and
it is the sole responsibility of the Customer to satisfy itself that the service ordered via an on-line Booking will be
suitable for its requirements.
16.2 Whilst the Carrier makes all reasonable attempts to exclude viruses from the Website, it cannot ensure that
the Website will be virus free.
16.3 The Website is intended for use by the residents in the United Kingdom only and only in respect of their
activities within the United Kingdom. - Indemnity to the Carrier
17.1 The Customer shall indemnify the Carrier against:
17.1.1 All consequences suffered by the Carrier (including but not limited to claims, demands, proceedings, fines,
penalties, damages, costs, expenses and loss of or damage to the carrying vehicle and to other goods carried) of
any error, omission, misstatement or misrepresentation by the Customer or other owner of the Consignment or by
any servant or agent of either of them, insufficient or improper packaging, labelling or addressing of the
Consignment or fraud;
17.1.2 All claims and demands whatsoever by whomsoever made in excess of the liability of the Carrier under
these Terms and Conditions;
17.1.3 All losses suffered by and claims made against the Carrier resulting from loss of or damage to property
caused by or arising out of the carriage by the Carrier of Dangerous Goods whether or not declared by the
Customer as such;
17.1.4 All claims made upon the Carrier by H M Customs & Excise in respect of dutiable goods consigned in bond
whether or not transit has ended or been suspended. - Lien
The Carrier shall have a general lien against the Customer, where the Customer is the owner of the Consignment,
for any monies whatever due from the Customer to the Carrier. If such a lien is not satisfied within a reasonable
time, the Carrier may at its absolute discretion sell the Consignment or part thereof, as agent for the Customer and
apply the proceeds towards monies due and the expenses of the retention, insurance and sale of the
Consignment and shall, while accounting to the Customer for any balance remaining, be discharged from all
liability whatsoever in respect of the Consignment. Where the Customer is not the owner of the Consignment, the
Carrier shall have a particular lien against the said owner, allowing the Carrier to retain possession, but not
dispose of, the goods against monies due from the Customer in respect of the Consignment. - Unreasonable Detention
The Customer shall be liable for the cost of unreasonable detention of any vehicle, trailer, or other item of the
Carrier, but the rights of the Carrier against any other person shall remain unaffected - Impossibility of Performance
The Carrier shall be relieved of its obligation to perform a Contract to the extent that performance is prevented by
the failure of the Customer, fire, weather conditions, industrial dispute, labour disturbance or cause beyond the
reasonable control of the Carrier. - Computation of Time
In the computation of time, where any period of days provided by these Terms and Conditions is 7 days or less,
Saturdays, Sundays and all Bank/Public Holidays shall be excluded. - Governing Law and Jurisdiction
These Terms and Conditions and all Contracts shall be governed by and construed in accordance with the Laws in
England and any proceedings in relation thereto shall be subject to the exclusive jurisdiction of the English Courts. - Arbitration
In the event of a dispute the contracting parties may agree to seek arbitration.
I/We Person/Company responsible to book deliveries with the carrier JCA Logistics have read
above terms & conditions.We understand fully and will comply accordingly.
Full name:
Position in the company:
Signature:
Date:
Full name:
Position in the company:
Signature:
Date: