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Terms & Conditions

Terms & Conditions

Last Updated: Oct 15, 2024, 12:00 AM

These Terms & Conditions ("Terms") govern all services provided by Titan Cargo Ltd, company number 16813029, registered office 12 Unit C Aldow Business Park, Manchester, Lancashire, United Kingdom, M12 6AE ("we", "us", "our", "the Company"), to any customer ("you", "the Customer"). By requesting or accepting our services, you agree to these Terms.

1. About us and these Terms

1.1 We are a freight forwarding business. Depending on the service, we act either as an agent arranging carriage and related services on your behalf with third-party carriers and providers, or as a principal where we expressly agree in writing to do so.

1.2 These Terms apply to every quotation, booking, and contract between us and you, and override any terms you seek to impose (including any terms on your own purchase orders or documents), unless we agree otherwise in writing.

1.3 Our services are also provided subject to the BIFA Standard Trading Conditions [current edition], which are incorporated into these Terms by reference and available on request. Where there is any conflict, the BIFA Standard Trading Conditions prevail in relation to the carriage and forwarding of goods.

2. Quotations and pricing

2.1 Quotations are valid for [1] days from the date given, unless stated otherwise, and may be withdrawn or revised before you accept them.

2.2 Quotations are based on the information you provide at the time (including weight, dimensions, nature of goods, collection and delivery points, and timing). If any of that information is inaccurate or incomplete, or if circumstances change, we reserve the right to adjust the price accordingly.

2.3 Unless expressly stated, quotations do not include: waiting time beyond [30] minutes at collection or delivery, failed or aborted collections/deliveries, re-delivery, congestion or low-emission-zone charges, ferry or toll costs, or any duties, taxes, or storage charges. Reasonable surcharges for these may be applied.

2.4 All prices are exclusive of VAT, which will be charged where applicable.

3. Your responsibilities

3.1 You warrant that:

  • (a) you are authorised to contract with us, whether as the owner of the goods or as the agent of the owner;

  • (b) all information you give us (including addresses, contact details, weights, dimensions, and the nature and value of the goods) is accurate and complete;

  • (c) the goods are properly and sufficiently packed, labelled, and prepared to withstand the ordinary risks of handling and carriage;

  • (d) the goods are lawful and not prohibited or restricted, and that you have complied with all applicable laws and regulations.

3.2 You must declare in writing, before booking, any goods that are dangerous, hazardous, or subject to ADR or other regulation, or that are fragile, high-value, perishable, or temperature-sensitive. We may refuse, or impose conditions on, the carriage of such goods.

3.3 You will indemnify us against all loss, damage, claims, costs, fines, and expenses arising from any breach of clause 3, from inaccurate information, or from undeclared dangerous or restricted goods.

4. Subcontracting and carriage

4.1 We are entitled to perform any of our services ourselves or to engage subcontractors and third-party carriers, on any terms, to do so.

4.2 Where carriage is performed by a third-party carrier, that carrier's own conditions of carriage (for example, RHA or CMR conditions) may also apply to the movement of your goods, and may limit the carrier's liability.

5. Liability

5.1 We will carry out our services with reasonable care and skill.

5.2 Our liability is limited. Save as set out in the BIFA Standard Trading Conditions and any applicable mandatory law or carriage convention, our total liability to you in respect of any claim is limited to the amount recoverable from the relevant carrier or, if greater, [the limits set out in the BIFA Standard Trading Conditions]. (Your solicitor should set the precise limitation figure/basis.)

5.3 We are not liable for:

  • (a) any indirect, consequential, or economic loss, loss of profit, loss of market, or loss of goodwill;

  • (b) loss or damage arising from inaccurate or incomplete information supplied by you, inadequate packaging, or the inherent nature of the goods;

  • (c) delay, unless we have agreed a guaranteed timed service expressly and in writing, and even then only to the extent set out in those written terms;

  • (d) events outside our reasonable control (see clause 8).

5.4 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot lawfully be excluded.

6. Insurance of goods

6.1 We do not arrange insurance of your goods unless you instruct us to do so in writing and we expressly agree in writing, in which case a separate charge applies.

6.2 In the absence of such written agreement, your goods are not insured by us, and it is your responsibility to arrange your own goods-in-transit or cargo insurance. We strongly recommend you do so.

7. Claims and time limits

7.1 You must notify us in writing of any loss, damage, or shortage:

  • (a) for visible loss or damage — at the time of delivery, noted on the delivery documentation;

  • (b) for non-visible loss or damage — within [7] days of delivery.

7.2 Any claim must be made in writing and supported by reasonable evidence within [9 months] of the date of the event giving rise to the claim, failing which the claim is time-barred and we have no liability. (Confirm the time-bar against BIFA STC / applicable conventions.)

8. Events outside our control (force majeure)

8.1 We are not liable for any failure or delay in performing our services caused by events beyond our reasonable control, including (without limit) severe weather, road or port closures, accidents, traffic, strikes, fuel shortages, breakdown, acts of government, or any disruption to transport networks.

9. Payment

9.1 Unless agreed otherwise in writing, payment is due within [30] days of the date of our invoice.

9.2 Time for payment is of the essence. You may not withhold or set off any amount against our invoices.

9.3 If you fail to pay on time, we may: (a) charge interest and reasonable recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998; and (b) suspend or withhold further services and the release of any goods until payment is made in full.

10. Lien over goods

10.1 We have a general and particular lien over all goods and documents in our possession or control, as security for all sums due to us from you (whether relating to those goods or otherwise). If those sums remain unpaid, we may, after reasonable notice, sell or dispose of the goods and apply the proceeds toward the amounts owed. (This is a standard and important protection — confirm wording with your solicitor.)

11. General

11.1 If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force.

11.2 No failure or delay by us in enforcing any provision is a waiver of it.

11.3 These Terms, and any dispute arising from them or from our services, are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

12. Contact

[Titan Cargo Ltd] [12 Unit C Aldow Business Park, Manchester, Lancashire, United Kingdom, M12 6AE] Email: [sales@titancargo.co.uk] Phone: [07708 080856] Company number: [16813029} · VAT number: []

These Terms should be read together with our Privacy Policy.