Lead Forensics

Walkers Transport – Terms and Conditions of Trading

 

1. Definitions and Interpretation

1.1 In this agreement, the following words have the following meanings:

Agreement This Agreement between the Company outlined in clause 1.3 and the Customer for the supply of the Services in accordance with the Agreement Details, these conditions and the schedules;
Business Days A day other than a Saturday, Sunday or public holiday in England when the banks in London are open for business;
Charges The charges for the Services calculated in accordance with the rates set out in Schedule 1 and the provisions of clause 6;
Conditions These terms and conditions set out in clauses 1 to 25 inclusive;
Confidential Information (a) the existence and terms of this Agreement;
(b) all information disclosed to the relevant party by or on behalf of the other party in connection with this Agreement and which relates to the provisions of this Agreement, the negotiations relating to this Agreement or the subject matter of this Agreement;
(c) know-how, secret processes and inventions disclosed to the relevant party by or on behalf of the other party in connection with this Agreement;
(d) all other information disclosed to the relevant party by or on behalf of the other party (whether before or after the date of this Agreement) which is marked as or has been otherwise indicated to be confidential or which derives value to a party from being confidential or which would be regarded as confidential by a reasonable business person;
Consignment The Customer’s goods, whether a single item or in bulk or contained in one parcel, package or container, as the case may be, or any number of separate items, parcels, packages or containers contained on one pallet;
Credit Limit The amount stated to be the credit limit for the Customer in the Agreement Details;
Dispute Resolution Procedure The dispute resolution procedure set out in clause 14;
Insolvency Event Where in respect of a party an order is made or a resolution is passed for the winding up of that party (otherwise than for the purpose of solvent amalgamation or reconstruction) or that party becomes subject to an administrative order or a receiver or administrative receiver is appointed over or an encumbrancer takes possession of any of that party’s assets or undertaking or that party, being a partnership shall be dissolved or, being an individual, shall have a bankruptcy petition presented or shall die or shall be adjudged to be incapable of managing his affairs within the meaning of the Mental Health Act 1983 or that party ceases or threaten to cease to carry on its business or be unable to pay its debts or become insolvent (within the meaning of Insolvency Act 1986), or make or propose to make an arrangement or composition with its creditors or anything which, under the law of any jurisdiction, is analogous to any of the acts or events specified in this definition;
Month A calendar month;
Order The Customer’s order for the Services placed in accordance with clause 3;
Pledged Volume The pledged volume of Transport Services set out in Schedule 1;
RHA Conditions The Road Haulage Association Conditions of Carriage 2009 (a copy of which is attached to this Agreement as Appendix 1);
Services The Transport Services and/or the Warehousing Services;
Service Levels The service levels for the Services set out in Schedule 4;
Term The term of this Agreement;
Transport Services The transportation of the Consignment as set out in  Schedule 1;
Transport Services Start Date The date stated to be the Transport Services Start Date in the Agreement Details;
Warehousing Conditions The United Kingdom Warehousing Association Conditions of Contract 2014 (a copy of which is attached to this Agreement as Appendix 2);
Warehousing Services N/A
Year A period of 12 (twelve) consecutive calendar months beginning on the earliest of the Transport Services and on each successive anniversary of that date.

 

1.2 In this Agreement (except where the context otherwise requires):

1.2.1 The singular includes the plural and vice versa, and references to any gender includes the other genders;

1.2.2 Any words following the terms “including”, “include”, “for example” or any similar expression are by way of illustration and emphasis only and shall not limit the generality or extent of any other words or expressions; and

1.2.3 References to any legislation include any modification or re-enactment of that legislation and any subordinate legislation made (before or after this Agreement) under that legislation.

1.3 The Company in this agreement comprises any or all of the following companies:

     (a)  George Walker Transport Ltd, Howley Park Road East, Morley, Leeds, LS27 0BN (Registration No. 01398136)

     (b)  George Walker Transport Manchester Ltd, Howley Park Road East, Morley, Leeds, LS27 0BN. (Registration No. 06963369)

     (c)  Walkers Transport Midlands Ltd, Howley Park Road East, Morley, Leeds, LS27 0BN. (Registration No. 02938633)

2. Appointment

2.1 The Customer exclusively appoints the Company to provide the Services during the Term.

2.2 In consideration of the payment by the Customer of the Charges, the Company agrees to provide:

2.2.1 The Transport Services from the Transport Services Start Date; and

2.2.2 The Warehousing Services from the Warehousing Services (Not Applicable)

to the Customer in accordance with the terms of this Agreement.

2.3 The Transport Services will be provided in accordance with the RHA Conditions. The RHA Conditions are incorporated into the terms of this Agreement. If there is any conflict between the terms of the RHA Conditions and this Agreement, the terms of this Agreement will prevail.

2.4 The Customer acknowledges and accepts that if it requires Transport Services for delivery of a Consignment to an address outside the United Kingdom the Company will sub-contract that delivery and the Company’s liability to the Customer in respect of any loss or damage to, or delay in delivery of, such Consignment shall be limited to the sub-contractor’s liability to the Company in respect of such loss, damage or delay.

2.5 The Warehousing Services will be provided in accordance with the Warehousing Conditions which are incorporated into the terms of this Agreement. If there is any conflict between the terms of the Warehousing Conditions and this Agreement, the terms of this Agreement will prevail.

3. Customer’s Obligations

3.1 The Customer will make its Orders for the Services using the Company’s online booking procedure and the unique password supplied to the Customer by the Company unless the Company agrees in writing that the Customer may submit its Orders in a different way.

3.2 The Customer shall ensure that the terms of each Order are complete and accurate including details of delivery address and postcode, any required tail lift deliveries, booking in requirements and timed delivery details (if any).

3.3 The Customer is responsible for the security of the online password supplied to it and any Charges which result from Orders placed using that password. The Company will supply a new password to the Customer upon request.

3.4 No Order which has been made by the Customer in accordance with clause 3.1 may be cancelled by the Customer except with the written agreement of the Company and on the terms that the Customer will indemnify the Company in full against all loss (including loss of profit), costs, damages and expenses incurred by the Company as a result of such cancellation.

3.5 The Customer will ensure that each Consignment presented to the Company:

3.5.1 Complies with the pallet dimensions notified to it by the Company, a copy of the pallet dimensions being attached to this Agreement as Appendix 4;

3.5.2 Contains only ambient goods, which are not hazardous (hazardous goods being those referred to in the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR); and

3.5.3 Is properly and securely packed and labelled for handling by the Company and in compliance with any applicable laws.

3.6 The Customer warrants that there are no special requirements for the carriage or storage of the Consignment. The Customer will ensure that prior to receipt of the Consignment the Company is notified in writing of any relevant matters relating to the nature, weight or condition of the Consignment.

3.7 The Customer shall be liable for and shall indemnify the Company against all or any loss, injury or damage to any person or property which arises out of the inherent state or condition of the Consignment except where such loss injury or damage is caused by the Company’s negligence.

4. Company’s Obligations

4.1 The Company shall use reasonable care and skill in its provision of the Services.

4.2 The Company shall obtain at its own expense the licences, powers and consents necessary for it to perform its obligations under this Agreement.

4.3 The Company shall use its reasonable endeavours to meet any required time of delivery of any Consignment stated in any Order but any such times are estimates and time for performance of the Services shall not be of the essence of this Agreement.

4.4 Where any part of the Services has a specific Service Level set out in relation to it in Schedule 4, the Company will perform that Service in a manner which meets or exceeds the relevant Service Level.

4.5 The company will provide free of charge one (1) set of trailer curtains within the first 12months of the agreement.

5. Insurance

5.1 Each Consignment will be insured during the period in which the Services are provided in respect of that Consignment at the levels set out in Schedule 2 and subject to the provisions set out in that schedule.

5.2 The Customer acknowledges and agrees that the Company does not provide cover (and is not liable for, including without limitation arising in negligence) for any loss of profits, indirect or consequential loss arising from any loss of or damage to a Consignment.

5.3 Any loss of or damage to a Consignment during the period in which the Services are provided in respect of that Consignment will be the subject of an insurance claim by the Company on the Customer’s behalf subject to the provisions of 2  The Customer specifically agrees that such damage does not entitle it to suspend or withhold any payment (in whole or in part) due to the Company for Services provided (whether such payment is due in respect of the Order concerning the damaged goods or otherwise).

6. Price and Payment

6.1 The Customer shall pay the Company the Charges for:

6.1.1 The Transport Services in the amounts set out in The Customer Rate Card which forms part of the agreement

6.2 The Charges are exclusive of VAT which shall be payable by the Customer to the Company at the rate prescribed by law.

6.3 The Company may invoice the Customer for the Charges in respect of the Services provided each Month on or after the last day of that Month or as otherwise specified.

6.4  Subject to clause 6.5 the Customer shall pay each invoice issued to it by the Company within 30 days of the last day of the month in which the invoice was issued, in full and in cleared funds in pounds sterling, by electronic transfer to the bank account nominated by the Company from time to time.

6.5 The payment terms set out in clause 6.4 are based upon the total amounts due from the Customer to the Company being less than the Credit Limit. If the total amount due from the Customer to the Company under this Agreement or any other agreement are equal to or more than the Credit Limit at any time all invoices shall become payable immediately unless otherwise agreed by the Company in writing.

6.6 The Charges shall be varied at the times and in the manner set out in this clause 6 and Schedule 1 and the associated Trading Agreement.

6.7 The rates for calculating the Charges set out in the Customer Rate Card are based on the Customer requiring the Pledged Volumes of Services. If the Customer does not place Orders for Services equal to or more than the Pledged Volumes the Company may increase the Charges to the Company’s standard rates for services which are the same as the Services, such rates being set out the Company’s price list published from time to time, and for the avoidance of doubt the Company may apply such increased rates retrospectively for any period during which the Pledged Volume was not reached and invoice the Customer for an amount equal to the difference between the charges for such Services at the Company’s standard rate and the amount actually invoiced in respect of those Services.

6.8 The Company may increase the Charges annually on or after each anniversary of the date of this Agreement during the Term. Any such increase in the Charges shall be notified in writing to the Customer and shall take effect not less than one month after such notice is given.

6.9 If the cost to the Company of providing the Services is increased due to a change in any law occurring after the date of this Agreement, then the amount of such increase will be added to the Charges after the Company has given notice to the Customer of such increase.

6.10 Without prejudice to any other right or remedy that it may have, if the Customer fails to pay the Company on the due date:

6.10.1 The Customer shall pay interest on the overdue amount at the rate of 4% per annum above National Westminster Bank plc’s base rate from time to time. Such interest shall accrue daily from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount; and

6.10.2 (Except where the Customer has complied with its obligations in clause 6.11 below) the Company may suspend all Services until payment has been made in full.

6.11 If the Customer disputes the payment of any Charges or a part of them, the Customer shall:

6.11.1 Notify the Company of the disputed amount on or before the due date for payment of the invoice in which such disputed amount is included giving reasonable details of the dispute; and

6.11.2 Pay the amount of Charges not in dispute in accordance with clause 6.4,

and the dispute will be referred to the Company’s service manager appointed under clause 8.1 in the first instance and if not resolved within 5 Business Days of such referral it shall be dealt with under the Dispute Resolution Procedure.

6.12 Neither party shall be entitled to withhold, set off or reduce payment of any amounts payable under this Agreement by any amounts which it claims are owed to it by the other party under this Agreement or any other agreement.

7. Access to Company Premises

7.1 During the period that any Consignment is subject to the Warehousing Services, the Company will give the Customer supervised access at reasonable times and upon reasonable notice to the Company’s premises at which such Consignment is held for the purposes of viewing and stocktaking such Consignment.

7.2 If the Customer has access to the Company’s premises under clause 7.1 the Customer will comply with all rules and regulations in relation to health and safety or security which apply at those premises.

8. Service Review

8.1 Each party will designate a service manager who will have day to day responsibility for the performance of their appointer’s obligations under this Agreement. Each party will promptly give the other details of the person appointed and any changes in that appointment from time to time.

8.2 The service managers appointed under clause 8.1 shall meet at times agreed between the parties to discuss matters relating to the Services and this Agreement.

9. Limitation and Exclusions of Liability

9.1 This clause 9 sets out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to the Customer arising under or in connection with this Agreement.

9.2 All warranties, conditions and other terms, express (other than those set out in this Agreement) or implied, statutory, customary or otherwise which but for this clause would or might subsist in favour of the Customer, are (to the fullest extent permitted by law) excluded from this Agreement.

9.3 Nothing in this Agreement limits or excludes the liability of the Company:

9.3.1 for death or personal injury resulting from negligence; or

9.3.2 for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by the Company;

or

9.3.3 for any liability that is not permitted to be limited or excluded by law.

9.4 The Company shall not under any circumstances whatever be liable (including arising from negligence or breach of statutory duty and whether or not arising pursuant to an indemnity) for loss of profits; loss of business; depletion of goodwill and/or similar losses; loss of anticipated savings; loss or corruption of data or information; or any special, indirect, consequential, or pure economic loss, costs, damages, charges or expenses.

9.5 The Company’s total liability in contract, tort (including negligence or breach of statutory duty and whether or not arising pursuant to an indemnity), misrepresentation, restitution or otherwise arising under or in connection with the performance or contemplated performance of this Agreement shall:

9.5.1 In respect of all claims relating to loss of or damage to a Consignment be limited to the amounts for which such Consignments are insured under clause 5 (less any excess referred to in Schedule 3); and

9.5.2 In respect of all other claims (connected or unconnected) in any Year in all circumstances be limited to an amount equal to the Charges paid for the Services in that Year.

9.6 The Customer agrees to take all steps necessary to mitigate any losses, costs, expenses, claims and demands that it may seek to claim from the Company under or in connection with this Agreement including pursuant to any indemnity.

9.7 The parties agree that they have negotiated this clause 9 and that it represents a fair and equitable position.

10. Company Relief

10.1 The Company shall not be in breach of this Agreement and shall not be liable for any delay in delivery or failure to deliver the part of the Service to which the breach relates or any delay in performance or failure to perform its obligations under this Agreement to the extent that such delay and/or breach and/or failure is caused by any breach by the Customer of any of its obligations under this Agreement.

10.2 If the Company incurs additional direct costs in using its reasonable endeavours to perform the Services as a direct result of any breach by the Customer of its obligations in this Agreement, it shall be entitled to recover such additional costs from the Customer.

11. Confidentiality

11.1 Each party shall treat as confidential all Confidential Information of the other party and shall not disclose such Confidential Information to any person other than in accordance with this Agreement.

11.2 Neither party shall use any Confidential Information of the other party other than in connection with, and only to the extent necessary for, the performance of its obligations under this Agreement.

11.3 Either party may disclose the other’s Confidential Information:

11.3.1 If and to the extent required by Applicable Law, by any securities exchange or regulatory or governmental body to which that party is subject wherever situated, or for the purpose of any judicial proceedings;

11.3.2 If and to the extent required in referring a dispute to the Dispute Resolution Procedure;

11.3.3 To its professional advisers, auditors and bankers; if and to the extent the information has come into the public domain through no fault of that party;(in the case of Supplier only) to any employee officer or agent of the Supplier and any sub-contractor or its employees, officer and employees, in connection with the performance of Supplier’s obligations under this Agreement including in connection with the supply of the Services,

provided that, in the case of Clause 11.3.1 and 11.3.2 above, the disclosing party shall promptly notify the other party of such requirement (to the extent it is permitted to do so) and in the case of clause 11.3.3 above such disclosure is on terms that they keep it confidential in compliance with the restrictions set out in this Clause 11.

12. Termination

12.1 Either party shall be entitled to terminate this Agreement immediately upon giving notice to the other if the other party commits a material breach of any term of this Agreement and:

12.1.1 Such material breach is not capable of remedy; or

12.1.2 Such material breach is capable of remedy, and the other party fails to remedy the breach within 20 (twenty) Business Days after receipt of notice giving full particulars of the breach and requiring it to be remedied.

12.2 For the purposes of clause 12.1.1 a breach shall be considered capable of remedy if the party in breach can comply with the provision in question in all respects other than as to time of performance.

12.3 Either party shall be entitled to terminate this Agreement immediately upon giving notice to the other if an Insolvency Event applies to the other party.

12.4 The Company may terminate this Agreement immediately by giving notice to that effect to the Customer if the Customer fails to make any payment due to the Company under this Agreement within 15 days after the due date for payment unless:

12.4.1 The payment of such sum is the subject of a bona fide dispute which has been notified to the Company in accordance with clause 6.11 (Payment); and

12.4.2 All sums which are not part of the bona fide dispute have been paid in accordance with this Agreement.

12.5 If any circumstances arise which give either party a right to terminate this Agreement under clause 12.1 or 12.3, such party shall exercise its right of termination within 20 Business Days of becoming aware of those circumstances and if such party does not give written notice to the other to terminate this Agreement by the end of such period then that party shall be deemed to have waived its right of termination in respect of those circumstances.

12.6 Either party may exercise its rights of termination set out in this Agreement in respect of the whole Agreement or (at its sole discretion) in respect of only one or more elements of the Services. If either party exercises its rights of termination in respect of only one or more elements of the Services, then:

12.6.1 This Agreement shall terminate in respect of those Services and the provisions of this Agreement relating to termination shall apply in relation to those Services; and

12.6.2 In all other respects this Agreement shall continue in full force and those elements of the Services in respect of which the party has terminated this Agreement will be deemed to be removed from the definition of the Services.

12.7 The termination of this Agreement shall be without prejudice to the rights and remedies of either party which may have accrued up to the date of termination.

12.8

12.9 On expiry or termination of this Agreement for any reason whatsoever:

12.9.1 Any provisions of this Agreement which expressly or by implication is intended to come into or remain in force on or after termination shall continue in full force and effect; and

12.9.2 The Customer shall immediately pay to the Company all of the Company’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the Company may submit an invoice, which shall be payable immediately on receipt.

13. Force Majeure

13.1 Neither party shall be liable to the other for any delay or non-performance of its obligations under this Agreement if such delay or non-performance arises from any event or circumstances outside that party’s reasonable control including but not limited to Act of God, fire, flood, severe weather, epidemic or pandemic, war, revolution, acts of terrorism, riot or civil commotion, trade embargo, strikes, lock-outs or other industrial action, failure of transport network, interruption of utility service, accident, breakdown of plant or machinery or default of suppliers or subcontractors.

14. Dispute Resolution

14.1 If a material dispute between the parties has not been resolved in the normal course of business, either party may call a meeting of the parties by service of not less than 10 (ten) Business Days’ notice and each party agrees to procure that each party’s Operations Director shall attend a meeting called in accordance with this clause 14.1 with the aim of resolving the dispute.

14.2 Those attending the meeting pursuant to clause 14.1 shall use all reasonable endeavours to resolve the dispute(s) arising out of this Agreement. If the meeting fails to resolve the dispute within 10 (ten) Business Days of it being referred to it, either party by notice in writing may refer the dispute to the Managing Director (or their nominees) of both parties, who shall co-operate in good faith to resolve the dispute as amicably as possible within 15 (fifteen) Business Days of the dispute being referred to them.

14.3 If the dispute between the parties is not resolved having applied the process set out at clauses 14.1 and 14.2, then the Dispute Resolution Procedure shall be deemed exhausted and either party may resolve the dispute by any other route, including through the courts pursuant to clause 25.

14.4 Notwithstanding the provisions of this clause 14 either party may commence or take proceedings or seek remedies before the courts or any other competent authority for interim, interlocutory or injunctive remedies in relation to this Agreement.

15. Notices

15.1 Subject to clause 15.2 the parties may communicate with each other in any way that is in the normal course of their business.

15.2 Any notice given to terminate this Agreement under the Agreement Details or under clauses 12 (Termination), and any notice given under clauses 6 (Price and Payment),  14 (Dispute Resolution) or 15 (Notices) shall only be effective if it is in writing.

15.3 Electronic communication shall be permitted for the giving of any notice.

16. Assignment

16.1 The Company may assign, delegate, transfer, charge or otherwise dispose of all or any of its rights and responsibilities under this Agreement.

16.2 The Customer may not assign, delegate, transfer, charge or otherwise dispose of all or any of its rights and responsibilities under this Agreement without the prior written consent of the Company (such consent not to be unreasonably withheld or delayed).

17.Sub-Contracting

17.1 The Company may sub-contract all or any of its obligations under this Agreement but, subject to clause 2.4, the appointment of any sub-contractor shall not relieve the Company from any liability or obligation under this Agreement and the Company shall be responsible for all acts and omissions of the sub-contractor to the same extent as if they were acts or omissions of the Company.

18. Entire Agreement

18.1 This Agreement contains all the terms which the parties have agreed with respect to its subject matter and supersedes all previous agreements and understandings between the parties (whether oral or in writing) relating to such subject matter.

18.2 Each party acknowledges and agrees that it has not been induced to enter into this Agreement by a statement or promise which it does not contain.

19. Third Party Rights

19.1 For the purposes of the Contracts (Rights of Third Parties) Act 1999 the parties do not intend that any person who is not a party to this Agreement shall have any right to enjoy the benefit or enforce any of the terms of this Agreement.

20. Relationship of the Parties

20.1 Nothing in this Agreement, and no action taken by the parties under this Agreement, shall create or be deemed to create a partnership or joint venture or relationship of employer and employee or principal and agent between the parties or authorise either party to make or enter into any obligations or commitments on behalf of the other.

21. Amendments

21.1 No purported amendment or variation of this Agreement or any provision of this Agreement shall be binding on the parties unless it is set out in writing, expressed to amend this Agreement and signed by a director of each of the parties.

22. Waiver

22.1 The rights and remedies of each party under this Agreement:

22.1.1 May be exercised as often as necessary;

22.1.2 Are not intended to be exclusive of any other remedy except as expressly provided for in this Agreement and each and every remedy shall be cumulative and shall be in addition to every other remedy given in this Agreement or existing at law or in equity by statute or otherwise; and

22.1.3 Subject to clause 12.5 (Termination) may be waived only in writing and specifically.

22.2 Subject to clause 12.5 (Termination), delay in exercising or non-exercise of any right or remedy of a party under this Agreement shall not constitute a waiver of that right or remedy.

22.3 A waiver by either party of a breach of any provision of this Agreement shall not be considered as a waiver of a subsequent breach of the same or any other provision of this Agreement.

23. Severability

23.1 If any provision of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, illegal or unenforceable then it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible that provision shall be deemed to be omitted from this Agreement and the validity and enforceability of the other provisions of this Agreement shall not be affected or impaired

24. Counterparts

24.1 This Agreement may be executed in any number of counterparts, any party may enter into this Agreement by executing a counterpart and all the counterparts taken together will constitute one and the same agreement.

24.2 The counterparts comprising this agreement are:

  • i) The document entitled “Trading Agreement”
  • ii) The “Customer Rate Card” outlining the Charges
  • iii) The document entitled “Customer Checklist”
  • iv) Walkers Transport – Terms and Conditions of Trading (this document)

25. Governing Law and Jurisdiction

25.1 The formation, existence, construction, performance, validity and all aspects whatsoever of this Agreement or any term of it and any issues, disputes or claims arising out of or in connection with it (whether contractual or non-contractual in nature) shall be governed by, and construed in accordance with, English law and subject to clause 14 (Dispute Resolution Procedure) the parties irrevocably agree that all disputes or claims arising out of or in connection with this Agreement (including its formation, enforceability, validity and interpretation) shall be subject to the exclusive jurisdiction of the English Courts.

Schedule 1 Transport Services and Charges

  1. Normal delivery is made between [10am and 5pm] on Business Days. Deliveries before 10am are not available in all areas and if the Customer specifically requires a delivery to be made before 10am, the Customer will check with the Company’s customer service team that such delivery is possible before placing the relevant Order.
  2. Home deliveries are to kerbside only and the Company’s drivers will not handle the Consignment.
  3. If the recipient of the Consignment is not ready to take delivery of the Consignment, the Company’s driver will wait to make the relevant delivery at the delivery point for a maximum of 20 minutes from the time of arrival at the delivery point or where a delivery time has been specified, a maximum of 20 minutes from that specified time.
  4. If for any reason delivery of the Consignment is not accepted by the recipient, the Consignment shall be returned to the Site at the Customer’s expense.
  5. The “Customer Checklist” forms a material part of this agreement and outlines the detail of the provision of the Transport Services.
  6. The Charges for the Transport Services are set out within the Walkers Transport Rate Card which forms part of this agreement.
  7. The charges set out in in the Rate Card are subject to an annual review on 1st January and will come into force on the 1st February in the same year for each year of the agreement.
  8. The charges set out in the Rate Card will be reviewed in line with Palletways IMR (inter member rate) and any other network fee increases.
  9. The charges set out in the Rate Card will also be subject to variation should there be a change in the law which results in a levy on road use or urban access where applicable. (pass-on of tolls)
  10. The company operates a fuel escalator based on the value of the invoice for the Transport Services exclusive of VAT. Full information at deanb7.sg-host.com/fuel
  11. The Company shall be entitled to charge the Customer for any delays it encounters during delivery or collection of the Consignment upon agreement with Customer. The demurrage charge in this instant will be £35 per hour or part thereof.
  12. The Rate Card provided for the Transport Services is based on a pledged volume of [insert volume] pallets per annum, should the volume fall below the pledged volume the company reserves the right to adjust the pricing based on the number of pallets collected in the last 6 months.

Schedule 2 Insurance

  1. A Consignment will be insured by the Company on behalf of the Customer during the period in which the Services are provided in respect of that Consignment up to a value of £1,300 per tonne
  2. The Customer will report any claims by email or letter to the nominated Customer Service Representative within 3 days of the incident giving rise to the claim.
  3. The deadline for claims to be made is 5 days from the date of the incident. A completed claim form must be submitted to Walkers within this time for the claim to be processed, failure to meet this deadline will.
  4. Insurance claims can only be made where a claused proof of delivery is available.
  5. Insurance terms are subject to RHA Standard Terms and Conditions.

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