Conditions of Carriage
General
Mandata Contracts Ltd (“Mandata”) undertakes all services subject to the following conditions, which can only be varied by written authority of a Director of Mandata. As such, no other employee of Mandata has authority to change any terms and conditions.
1. In these conditions, certain meanings apply as below:
we, us, our – Mandata, and anyone acting on our behalf.
you, your – the Customer whose consignment we are carrying, and anyone acting on
your behalf.
consignment – goods or documents, in bulk or individually, that we have agreed to
carry.
carriage – by most appropriate means of road, sea, rail or air.
dangerous goods – any item or substance that puts the Health and Safety of people at
risk.
2. We may refuse to carry your consignment, in particular if we decide we cannot carry it
safely or legally. We may also make reasonable examination or inspection of your
goods and packaging at any time whilst carrying them.
3. Our liability to you is limited under these conditions, as detailed below.
4. Any contract between Mandata and you is governed by English law, with any dispute
to be dealt with in English courts.
5. Mandata is not a common carrier, and the rights and liabilities of parties are
determined on this basis.
Conditions affecting Mandata
1. If we accept your instructions for our services, we will execute them with care.
2. Our normal service is to collect and deliver door-to-door, unless specifically agreed
otherwise.
3. We may use sub-contractors but this will not affect your rights.
4. If we cannot collect or deliver your goods, we will contact you for further instructions. If
these are not forthcoming or insufficient to complete the agreed task, we will suspend
the task until it can be resolved at a later date. You will be liable to meeting the
incurred costs of the suspended task in full.
5. If Mandata do not keep to any of these conditions, or if loss is suffered by you, our
liability is limited and excluded in certain circumstances which are explained below:
a. We will not be liable for any consequential loss suffered in any direct or indirect
way, including any costs or fines associated with any breaches of Data
Protection Laws including General Data Protection Regulations (GDPR).
b. We will not be liable for loss of or damage to the goods, incorrect delivery or
delay caused by any of the following:
- Natural disasters, including exceptional weather
- War, terrorism or the like
- Seizure of the goods, confiscation, destruction or damage by a legal authority
- Any act or omission of you or your agents
- Natural wastage, fault in or deterioration of the goods
- Insufficient or incorrect packaging of the goods
- Insufficient or incorrect information supplied by you
- Labour dispute or disturbance of any kind
- Lack of further instruction from you if collection or delivery is suspended
- Any events beyond our control including traffic congestion and delay.
c. We will accept liability if the loss, damage or mistake is our fault. However, our
liability will be limited as follows:
- The lowest of: the cost value of the consignment or affected part; the cost of
repairing any damage to your goods; £10,000 for consignments on a shared
vehicle; £25,000 for consignments on an exclusive vehicle.
- Our liability may be increased to any agreed amount provided we are notified
prior to the service commencing, and suitable additional insurance for the
goods can be arranged. Any additional costs borne by you the customer.
However, we recommend that you insure your own goods to best protect your
interests.
Please note that our transport services are organised and operated with the expectation that goods will be delivered to the correct location, on time, in their original condition. To help us do this, it is essential you advise us of delicate, valuable and unusual items, so we can best advise you of the appropriate measures to take. We can provide general guidelines, materials and a packaging service if needed.
Conditions affecting Customers
Mandata Contracts Ltd (“Mandata”) undertakes all services subject to the following conditions, which can only be varied by written authority of a Director of Mandata. As such, no other employee of Mandata has authority to change any terms and conditions.
1. If the goods are not your property, the owner must have given you authority to make
the contract with us.
2. You must ensure that the goods are safe for handling and carriage. They must be
packaged, labelled and addressed correctly, with any consignment note you have
filled in likewise properly completed.
3. If any goods are hazardous or dangerous we must be notified in writing before
collection.
4. Deliveries are made to the address given but not necessarily to the named receiver
personally.
5. Unless we are shown to be at fault, you agree to be responsible to us and indemnify
us against any claims, costs and damages arising from transporting or storing your
goods.
6. You must provide any special equipment or extra manpower needed to load or unload
your goods. If we are given reasonable notice, we can provide such services but you
may be charged for this.
7. We may make a reasonable extra charge on any occasion that our driver and vehicle
are kept waiting for more than 15 minutes. Alternatively we are entitled to suspend the
delivery or collection at your expense.
8. You must pay our charges within 30 days of the date of our invoice. Our invoices
include VAT and any other taxes that apply. You may not withhold payment to us to
offset against any claims you may have against us.
9. Our charges are set out in our current rate schedules or as quoted to you directly.
10.You must arrange for the consignment to be carefully checked upon delivery. This is
essential to ensure that any claims you may have are dealt with quickly and
effectively.
11.If you believe you have a claim against us for whatever reason, you must provide
written details to us within 28 days of our last contact with the goods or we shall not be
liable for any loss, damage, incorrect delivery or delay. Proof of cost value must be
provided upon request.
12.Should the claim for damage exceed £100 we must be given the opportunity to
examine the damage and packaging prior to repair, or we shall not be liable.
13.We may destroy original documentation relating to all consignments after 12 months
and its absence will not be held against us.