Terms & Conditions of Carriage
- Brian Yeardley Continental Ltd's standard trading conditions are those of the British International Freight Association (BIFA 200SA Edition).
These terms generally apply where we contract as a Freight Forwarder that may involve subcontracting to third parties for part of the work.
Our current liability under these terms is £1.98 per gross kilo - this figure is only approximate as the value changes day to day and is based on 2 Standard Drawing Rights (SDR) per gross kilo. - Where Brian Yeardley Continental Ltd acts as a Carrier within the UK and within the Republic of Ireland and to and from the Republic of Ireland and vice versa, the trading conditions are those of the Road Haulage Association (RHA 2009 Edition).
Our liability under the RHA terms is £1.30 per gross kilo. - Any storage undertaken by Brian Yeardley Continental Ltd is done so under the trading conditions of the UK Warehousing Association (UKWA) (Contract Conditions for Logistics 2006). Our liability is limited to £0.10 per gross kilo under these terms.
These terms apply only when storage charges are being raised. - CMR
These conditions apply by International Law, between virtually all European Countries, through bi-Iateral agreements, with the exception of the UK and the Irish Republic.
The liability under CMR is currently £8.03 per kilo, but this is subject to change as this value depends on the value of SDRs and fluctuates accordingly. - CIM, Hague Visby Rules, Warsaw Convention
These conditions apply respectively to Rail traffic, Sea borne traffic and Airfreight. - Consequential Loss
All of these terms reject any liability for Consequential Loss, either specifically or by omission, except for a liability up to a maximum sum represented by the freight charged for the particular consignment. The reason for this exclusion of liability is that it is not possible to insure against Consequential Loss, because theoretically there could be no limit to such a claim, and it would not bear any relation to the freight charge or the value of the shipment, both of which could be insured.
One of the most common examples is that of a delivery, delay, resulting in 'Down Time'. Please bear in mind that, whilst we will always use our expertise and resources to meet scheduled and specific delivery times, there is always the possibility of human error, poor weather, mechanical failure, customs problems, and other factors beyond our control, delaying a delivery. We can never therefore guarantee delivery or transit times, and cannot accept liability in the event of a late delivery, or any other form of Consequential Loss. - Dangerous Goods (ADR)
As a company Brian Yeardley Continental Ltd can only accept ADR goods with a fully and correctly completed Dangerous Goods Note (DGN). A copy of the DGN must be supplied to us before loading of the goods.
All hazardous diamond stickers are to be provided by the loading point at the time of loading. If stickers are not given to the driver at the time of loading a £5 charge per sticker will be incurred (a minimum of 3 stickers is required for each trailer.) - Off - setting claims against freight charges
Claims are always settled by agreement, and it is expressly stated in all Terms & Conditions of Trading related to Freight & Transport, that claims against a carrier cannot be off set against freight charges owed to that carrier. - Demurrage
The Customer shall be liable to pay demurrage for unreasonable detention of any vehicle, trailer, container or other equipment at the Carrier's current rates of demurrage but the rights of the Carrier against any other person in respect thereof shall remain unaffected. Brian Yeardley Continental Ltd will charge demurrage at the standard rate of £50 per hour after the following periods of loading / unloading:
3 hours if a booking time has been allocated
2 hours for groupage if no booking time has been allocated
3 hours for full loads if no booking time has been allocated - Payment Terms
Brian Yeardley Continental Ltd standard invoice payment terms are 30 days from the invoice date, and import VAT and Duty immediate by return. - Insurance
Brian Yeardley Continental Ltd will only insure customer's goods, if we are specifically instructed to do so in writing.
Conclusion
As a company Brian Yeardley Continental Ltd would recommend that customers discuss the terms and conditions applied by their haulier or forwarder to their own insurers, who will offer advice as required, but advice based on the knowledge of clear conditions of carriage. Should you wish to discuss or clarify these terms then please do not hesitate to contact us.
