Palletways Online abide by RHA 2020 terms and conditions.
- These terms
- What these terms cover. These are the terms and conditions on which we supply any of the pallet delivery services listed on our website to you.
- Why you should read them. Please read these terms and conditions carefully and make sure that you understand them, before you submit your order to us. These terms tell you who we are, how we will provide the services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think there is a mistake in these terms, please contact us to discuss.
- You must agree to these terms if you want to place an order. Please note that before placing an order you will be asked to agree to these terms. If you refuse to accept these terms, you will not be able to order any services from our website.
- Information about us
- Who we are. Parcel2Go.com Limited operate the website www.palletwaysonline.com on behalf of Palletways Group Limited. We are Palletways Group Limited, a company registered in England and Wales. Our company registration number is 5175499 and our registered office is at Wood End Lane, Fradley Park, Lichfield, Staffordshire WS13 8NF, United Kingdom. Our VAT number is 792 4006 31.
- How to contact us. If you wish to contact us for any reason, including because you have any complaints, you can contact us by using the live help feature on our website or by e-mailing us at [email protected].
- How we may contact you. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
- “Writing” includes e-mail. When we use the words “writing” or “written” in these terms, this includes e-mails.
- Use of our website
- How we may use your personal information
- How we will use your personal information. We will use the personal information you provide to us:
- to supply the services to you;
- to process your payment for the services; and
- if you agreed to this during the order process, to give you information about similar products and services that we provide, but you may stop receiving this at any time by contacting us at any time.
- We will only give your personal information to third parties where the law either requires or allows us to do so.
- Minimum age to order services if you are a consumer
If you are a consumer, you may only purchase services if you are at least 18 years old.
- If you are a business customer
This clause 6 only applies if you are a business.
- Authority to place an order. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you purchase the services.
- These terms are the entire agreement between us. These terms and any document expressly referred to in them constitutes the entire agreement between you and us in connection with the services and use of our website and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
- You do not place reliance on any statement not included within these terms. You acknowledge that in placing your order you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms or any document expressly referred to in them. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the contract between us.
- How the contract is formed between you and us
- How to place your order. Our website will guide you through the steps you need to take to place an order with us, including providing us with the weight and dimensions of the pallet(s) that are the subject of the services (your pallet(s)), full collection and delivery addresses (including postcodes), contact telephone numbers, and other relevant details. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
- Warning: Information you provide to us must be correct and confirmation that you own the goods on your pallet(s). By placing an order, you warrant and confirm that:
- the details you provide to us at the time of submitting your order are complete and accurate;
- you have accurately declared the weight and dimensions of each of your pallet(s). Each of your pallet(s) will be subject to scanning and weighing by the collecting or delivery member. If you under-declare the weight or size of any of your pallet(s), then you have to pay a surcharge set out in our surcharge list and
- you are either the owner of all of the materials that are on your pallet(s) or are authorised by such owner to accept these terms (including, allowing us to retain your pallet(s) until we have received payment in full of any sums payable by you to us).
- Pricing based on pallet size and weight. You are directed to the pallet size definitions, upon which the price for your order will be based, namely:
In all cases the maximum height includes the height of your pallet(s) and the maximum weight includes the weight of your pallet(s). Pricing is based upon a standard pallet base of 1200mm x 1000mm. If the size of your pallet(s) exceeds this you should contact us. See the FAQ’s for more information.
- mini-quarter pallet: maximum weight of 150 kg and a maximum height of 600 mm;
- quarter pallet: maximum weight of 250 kg and a maximum height of 800 mm;
- half pallet: maximum weight of 500 kg and a maximum height of 1100 mm;
- light pallet: maximum weight of 750 kg and a maximum height of 2200 mm;
- full pallet: maximum weight of 1000 kg and a maximum height of 2200 mm.
- Insurance for the content of your pallet(s). The contents of your pallet(s) will be insured up to a maximum of £5,000 per tonne. For full details, please see the Claims Process.
- Order acknowledgement. After you place an order, you will receive an automated e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.6.
- How we will accept your order. Our acceptance of your order will take place when we e-mail you to accept it, at which point a contract will come into existence between you and us. If we cannot process your order. If we are unable to process your order for any reason we will contact you to advise you and will refund any payments you may have made in relation to the order. This might be because you have not inserted the requisite details required by us before submitting your order, or because we cannot meet your requested collection and/or delivery date, collect from and/or deliver to the relevant address(es), deliver the type of content you want us to deliver, or for any other reason.
- Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contract us about your order.
- Your right to make changes
- If you wish to make a change to the services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, the timing of supply, different collection or delivery date, different collection or delivery addresses or anything else which would be necessary as a result of your requested change (such charges may be set out in our surcharge list) and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 20 - Your rights to end the contract).
- Our rights to make changes
- Minor changes to the services. We may change the services:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements, for example to address a security threat.
- More significant changes to the terms. In addition, we may make changes to these terms after we have accepted your order, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received.
- Prohibited items we cannot carry
- Prohibited items list. Please check our prohibited items list page, for items that we cannot carry as part of the services.
- Confirmation that there are no prohibited items. By placing an order you are you confirm that your pallet(s) do not contain any materials on our prohibited items list.
- Queries relating to prohibited items. If you have any queries relating to the prohibited items list, please contact us.
- What happens if we discover prohibited items on your pallet(s). If we discover that your pallet(s) contain any materials in the prohibited items list, you agree that:
- you shall indemnify us, our members, and our sub-contractors in full and on demand against all claims, losses, fines, penalties, demands and costs suffered as a result; and
- we shall have no liability in connection with any loss of, or damage to the relevant pallet(s); and
- where we have collected your pallet(s), we may (if in our possession and where we are legally permitted to do so) return the relevant pallet(s) to the original collection address. In these circumstances, we shall be entitled to retain the price paid for the services (to reflect the costs we have incurred) and charge you a further amount for a return (up to the price originally paid for the services) and charge you a surcharge set out in our surcharge list; and
- where discovery is made before, or at the time of collection of your pallet(s), we will not collect your pallet(s) and we shall be entitled to retain the price paid for the services (to reflect the costs we have incurred).
- Providing the services
- Reasonable care and skill. We will perform the services with reasonable care and skill. We will arrange collection and delivery of your pallet(s) from and to the addresses set out in your order, through our network of members or other sub-contractors.
- Warning: We do not guarantee the time(s) or date(s) of collection or delivery. All collection and delivery times on our website or on your order are estimates only and no guarantees are given in relation to timescales. No refunds or other compensation will be given for late collection and/or delivery of your pallet(s).
- Events outside our control. If our supply of the services is delayed by an event outside our control (which includes, for example, bad weather, traffic congestion, mechanical breakdown, obstruction of public or private highways, or industrial action, or the failure of our members or sub-contractors), then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
- Technical problems and suspension. We may have to suspend the services if we have to deal with technical problems. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency.
- Circumstances where we may refuse to collect and/or handle your pallet(s). We, any member of our network or any of our sub-contractors reserve the right to refuse to collect or otherwise handle your pallet(s) where:
- you fail to comply with our strict packing and labelling guidelines as described in the FAQ section of the website;
- the pallet(s) are too large or heavy according to our pallet size definitions;
- the pallet(s) contain any materials that are on our prohibited items list;
- the pallet(s) are deemed, in our reasonable opinion, to be unsuitable for transport; or
- the collection and/or delivery addresses are deemed, in our reasonable opinion, to be unsuitable for our vehicles to access,
- and in which event you will not be entitled to a refund of any sums paid.
- Delivery and Collection of your pallet(s)
- Time for collection of your pallet(s). We will use reasonable efforts to collect your pallet(s) is on the working days and times specified on our website only. Our online order process will not allow you to place an order for collection on a day that is not a working day,
- Pallet packaging and other collection requirements. You must ensure that:
- your pallet(s) are ready and adequately packed and labelled for collection to ensure safe handling and transportation in accordance with our packing and labelling guidelines as described in the FAQ section of our website;
- your pallet(s) fully comply with our packing and labelling guidelines and our prohibited items guidelines before your pallet(s) are collected; and
- an individual person is present at the collection address on the date of collection of your pallet(s) specified in our order confirmation.
- Pallet collection address. Your pallet(s) will be collected from the address detailed on your order confirmation, and if your pallet(s) need to be collected from a different location this should be notified to us as soon as possible. In these circumstances, we reserve the right to charge a surcharge set out in our surcharge list.
- Providing us with reasonable access for collection and delivery. It is your responsibility to ensure:
- all reasonable access is available at the collection and delivery addresses, and inform us (at the time of placing your order) of any potential issues that may arise while accessing the collection and delivery addresses; and
- that the collection and delivery locations have sufficient access to accommodate the delivery vehicles and the manoeuvring of pallets. The area for collection and delivery must be level and solid ground (i.e. tarmac, paving, concrete) as the pump trucks used to manoeuvre the pallets cannot be taken up/down curbs or positioned on loose ground.
You will indemnify us, our members, and our sub-contracts against any loss, costs, damages or claims arising out of any difficulties accessing the addresses, save to the extent that these arise due to our negligence, or the negligence of our members or sub-contractors.
- Delivery of pallet(s) outside delivery location. On delivery of your pallet(s), your pallet(s) will be off loaded and moved to a location at the kerbside. We are not under any obligation to move the pallet(s) further than the kerbside, and shall not be required to enter any premises, or carry your pallet(s) up any stairs.
- You cannot ship pallets weighing more than 1000kg. For health and safety reasons, your pallet(s) must not exceed 1000kgs in weight per pallet. If any of any of your pallet(s) exceed 1000kgs in weight individually, the delivery or collection will not be made, and you may be required to pay additional charges as set out in our surcharge list.
- What happens if we have attempted collection or delivery and failed. If an attempt has been made at the delivery or collection address, and the location is unattended, the driver will wait for a maximum period of 15 minutes. We will attempt to contact you on the number set out in your order. Our drivers are only permitted to wait for a maximum further period of 15 minutes before classifying the delivery or collection as failed. There will be additional charges payable by you as set out in our surcharge list, for each failed delivery or collection.
- Arranging re-delivery/collection after a failed attempt. If a delivery or collection has failed, we will attempt to contact you to arrange another delivery or collection. In relation to an attempted collection, or an arranged re-delivery, you will be subject to a surcharge set out in our surcharge list.
- What happens if there are two failed collection attempts. You will only be allowed 2 failed collections. If your pallet(s) have not been successfully collected after this, we will cancel your order and issue a partial refund, such refund calculated by us to take into account the charges (set out in our surcharge list) for each failed collection.
- Surcharges payable by you for failed collections or deliveries. Any failed collections or deliveries will incur additional charges (set out in our surcharge list) for each failed collection or delivery, unless the failed collection or delivery is our fault. A failed delivery shall include you changing the delivery date.
- Ensuring authorised person present at delivery location. It is your responsibility to ensure that there is an authorised person at the delivery location to sign for the pallet(s). Signature by a person at the delivery location shall be proof of delivery.
- If you change delivery or collection dates. If you want to change a delivery or collection date you will incur additional charges (set out in our surcharge list).
- What if there is a failed collection or delivery which is your fault. If the collection or delivery of your pallet(s) fails as a result of your failure to comply with these terms:
- where there is a delivery failure, we may return your pallet(s) to the collection address (where possible). Any additional cost incurred may be charged as set out in our surcharge list; and/or
- we may retain up to 100% of the price you have paid for the services (in our sole and absolute discretion) to reflect the costs we have incurred in connection with the failed collection of your pallet(s); and/or
- we shall have no further obligation to you in connection with the services; and/or
- it is your responsibility to place a new order with us, as we do not automatically rebook any services that have failed as a result of a failed collection.
- International Carriage - You acknowledge and agree that all Consignments which are to be delivered to the European Union or Northern Ireland may require a commodity code to be declared within the booking process (see https://www.gov.uk/trade-tariff). The commodity code classifies goods for import and export and will enable customs authorities to determine if any taxes and/or duties are payable. If the local customs authority determines that any additional taxes or duties are payable because you have provided us with an incorrect community code for your Consignment, you acknowledge and agree that the customs authority will impose such taxes or duties, which the recipient of the goods will be required to pay. It is, therefore, your responsibility to ensure that when you place a Service Order for any Consignment which is to be delivered to the European Union or Northern Ireland, you select the correct commodity code and that is it accurate to the best of your knowledge. We accept no responsibility or liability if such additional taxes or duties are payable in such circumstances.
- Where to find the price for the services. The prices of the services will be as quoted on our website at the time you submit your order, and is based on the information you have provided to us relating to your pallet(s) (including, for example, dimension and weight), and the collection and delivery addresses. We take all reasonable care to ensure that the prices for the services are correct at the time when the relevant information was entered onto the system. However please see clause 13.3 for what happens if we discover an error in the price of the services you ordered.
- VAT and changes in the rate of VAT. The price of the services includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery or performance, we will adjust the VAT you pay, unless you have already paid for the services in full before the change in VAT takes effect.
- What happens if our website contains pricing errors. Our website contains a large number of options for pricing of the services. It is always possible that, despite our reasonable efforts, some of the services on our website may be incorrectly priced. If we discover an error in the price of the services you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the services to you at the incorrect (lower) price.
- How to pay and what happens if you owe us money
- How you must pay. You can only pay for Services using a debit card or credit card specified in the payment section of our website. See the FAQ section of our website for more information.
- Where you must pay. Payment for the services is in advance. We will not charge your debit card or credit card until we accept your order in accordance with clause 7.6.
- You shall pay all charges applicable in respect of the Service(s) provided by us in accordance with the payment terms set out in the Service Order.
- You shall pay all amounts due under this Agreement in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. We may, without liming our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.
- We charge for our Service(s) based on the dimensions and weight of each Consignment. We may check the dimensions and/or weight of each Consignment. In the event we find that the dimensions and/or weight of a Consignment have been under-declared by you , you agree:
- that the dimensions and/or weight that we reasonably determine may be used for the purpose of the calculation of our charges;
- we may charge any price difference to you in accordance with our current rates and may also charge an administration fee for correcting such underpayment/additional charge (together, “Correction Charges”);
- Our right to charge you interest if you owe us any money. If you owe us any money, we may charge you interest (both before and after any judgement) on the amount unpaid at the rate of 8% per annum above the base rate of the Bank of England from time to time starting on the due date for payment, until payment in full is made.
- to authorise us to debit the Correction Charges directly from the debit/credit card, Prepay or PayPal account that you used to make the original payment. If the Correction Charges (whether whole or part) cannot be paid by this means, the balance is due within 7 days of a relevant invoice being issued to you; and
- we may suspend performance of the Service(s) until the Correction Charges are received by us. If we exercise this right, we shall not be liable to you in any circumstances for any costs or losses arising directly or indirectly that you may suffer as a result
- Should the provision of any Service(s) mean that we have to deliver a Consignment on a bank or other public holiday, we shall be entitled to make a reasonable extra charge for any additional costs incurred by us as a result.
- All charges stated, whether by invoice or in the Service Order, shall be exclusive of any applicable value added tax, which shall be added to the total sum payable to be repaid by you.
- From time to time, we may provide you with a discount code to be used with your order. Single use discount codes are only to be used once with one order.
- In the event that you use the same single use discount code with more than one order, we may, at our absolute discretion:
- cease trading with you and/or your business;
- remove your ability to place orders with us; and/or
- intercept your Consignment(s) and re-direct it to our depot.
- Payment of any surcharges.Where any surcharge is payable under these terms, we shall notify you of these surcharges, charge and/or send you an invoice by email or other sum due to us. We will try and contact you to arrange payment of the surcharges, which must be paid once we issue an invoice.
- We shall be entitled to exercise any possessory rights, or rights of lien (“Lien”) (including the rights to disposal of the Consignment), available to us over any Consignment in our possession against you. We have the right to enforce the above Lien notwithstanding the title of the Consignment.
- Our right to hold onto your pallet(s) if you owe us money. If you:
- owe us any money we will be entitled to hold onto your pallet(s) until you have paid us; and
- still owe us any money more than 28 days from the date that we let you know that you owed us, we may:
- sell the content of your pallet(s) and deduct from the amount that we receive in payment for them the amount that you owe us and the costs of the sale, after which we will let you have any balance remaining; or
- destroy the content of your pallet(s), in which case your debt to us will be discharged.
- UNDELIVERED OR UNCLAIMED PALLET(S)
- What happens if we are unable to deliver your pallet(s) and return them to you. If we are unable for any reason to deliver your pallet(s) to the delivery address, or return them to the original collection address, we will notify you that unless you unless you make arrangements for your pallet(s) to be collected or disposed of within a reasonable period.
- If no arrangements are made to collect or dispose of your pallet(s). If after the notice referred to above, you have not collected or disposed of your pallet(s), then we may sell the content of your pallet(s) and pay to you the proceeds of sale after deduction of (i) all proper charges and expenses incurred by us in connection with the sale); and (ii) all outstanding charges and surcharges payable by you to us under these terms. The making of such payment discharges us from all liability in respect of your pallet(s), their carriage and storage.
- CIRCUMSTANCES WHERE WE HAVE NO LIABILITY TO YOU
- We will have no liability to you for any losses to the extent they result from:
- your pallet(s) containing any material on our prohibited items list; or
- your pallet(s) not being packed in accordance with our packing and labelling guidelines as described in the FAQ section of our website (which includes insufficient or improper packing, or insufficient or improper labelling or addressing); or
- any information or instructions provided by you which are incomplete, inaccurate, illegible, out of sequence, or arising from their late arrival or non-arrival, or any other fault of yours; or
- any material on your pallet(s) which after deliver have been subject to any incorrect handling or storage or suffered misuse;
- for event outside our control where clause 11.3 applies;
- seizure or forfeiture of your pallet(s) under legal process;
- inherent liability to wastage in bulk or weight, faulty design, latent defect or inherent defect, vice or natural deterioration of contents of you pallet(s);
- the relevant person not taking or accepting delivery within a reasonable time after delivery of your pallet(s) has been tendered.
- How to make claims for Compensation
- Time limits for notification of claims and claim procedure. You must:
- notify us of any claim for any loss or damage or mis-delivery of your pallet(s) or their contents within seven days of the scheduled delivery date; and
- submit a formal claim to us within fourteen days of the delivery date in accordance with our claims procedure. To submit a claim click here.
If you fail to do so, we will not be liable for any claim in relation to the services unless you are able to prove it was not reasonably possible for you to advise us or make a claim in writing within the time limits applicable.
- Information relating to a claim. When we receive your claim for compensation, we may require you to back up your claim by providing us with information about your pallet(s) and the contents of them, to include, but without limitation:
- estimates for the repair of the relevant items;
- proof of the value of the relevant items;
- the cost price of the items and related proof including receipts; and
- details of the weight, size, volume and nature of the items.
- Allowing us to investigate. We may make any investigations that we think are necessary to check out any claim, and you will provide all reasonable co-operation with our investigation. If you are a business, legal proceedings must be issued against us within 1 year of the collection date. If you are a business, we shall have no liability to you in relation to the services unless legal proceedings are issued and served against us within one year of the collection date of your pallet(s).
- Time limits and weeks and bank holidays. For the purposes of this clause 17, where the time period is stated to be seven days or less, Saturdays, Sundays and all statutory public holidays shall be excluded.
- Our liability
- We do not exclude or limit any liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for breach of your legal rights in relation to the products set out in these terms.
- Limits to our liability. Where we are liable to you under these terms, our total liability to you in respect of all losses shall be limited to the lower of:
- the cost of the goods actually lost, miss-delivered, or damaged; or
- the cost of repairing any damage or of reconditioning the goods; or
- a sum calculated at the rate of £5,000 sterling per tonne on the gross weight of the goods actually lost, miss-delivered, or damaged.
Clauses 18.3 and 18.4 only apply if you are a business customer.
- Where you are a business customer we will not be liable for certain categories of loss. Subject to clause 18.1, if you are a business customer we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract for:
- any loss of profits, sales, business, or revenue;
- loss of business opportunity;
- business interruption;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
- Where you are a business customer, no implied terms will apply. Except as expressly stated in these terms, we do not give any representation, warranties or undertakings in relation to the services. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
Clauses 18.5 to 18.7 only apply if you are a consumer.
- We are responsible to you for foreseeable losses and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract – but subject to the limits in clause 18.2. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if at the time the contract was made, both we and know it might happen.
- Private use only. We only supply the services for domestic and private use. You agree not to use the services for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Unreasonable Detention
- If for any reason you detain anything that belongs to us (our our sub-contractors) you will be responsible for any costs we incur as a result (including those set out in our surcharge list), but this shall not affect our rights against any other person.
- Your rights to cancel and applicable refund
- Your rights to cancel the contract. Once we have accepted your order we will have begun to provide the services to you, and you may cancel the contract for services with immediate effect by giving us written notice if:
- we break this contract in any material way and we do not correct or fix the situation within 7 days of you asking us to in writing;
- we go into liquidation or a receiver or an administrator is appointed over our assets;
- we change these terms under clause 9.2 to your material disadvantage;
- there is a risk that the supply of the services will be significantly delayed because of events outside our reasonable control.
- Tell us if you want to end the contract. If you want to end the contract in the above circumstances please contact us.
- How we will refund you. We will refund you the price you paid for the services, by the method you used for payment. We will make refunds as soon as possible, but in any event within 14 days from the date of cancellation.
- OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
- We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services;
- we suspect you of fraud;
- you are or become involved in any kind of insolvency proceedings; or
- you do not, comply with any of these terms.
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 21.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- Other important terms
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation, but this will not affect your rights or our obligations under these terms. We may use our members or other sub-contractors to perform all or part of the services.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
- Nobody else has any rights under this contract. This Contract is between you and us. No other person shall have any rights to enforce any of its terms
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- No variation unless we agree. The contract between us cannot be varied unless we agree in writing. Our members or sub-contractors cannot vary the contract between us.
- If you are a consumer, and which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law, and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
- If you are a business, and which laws apply to this contract and where you may bring legal proceedings. With regard to these terms and the contract between us and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms or its subject matter or formation (including non-contractual disputes or claims).
- Smuggling and Shipper Identity
- Smuggling and the transport of illegal substances is against the law. Examples of smuggled goods are drugs, cigarettes, alcohol. Palletways, members, contractors and customers must therefore, take all reasonable steps to prevent it.
- The impact of smuggling and the carriage of illegal substances is very serious for Palletways, its members and customers. If customs discover illegal goods or contraband, all consignments on that vehicle will be delayed, sometimes for several months.
- To protect the Palletways Network, Palletways and its members will take all reasonable precaution (including the use of scanners and sniffer dogs) to ensure that smuggling or the transport of illegal substances does not take place. The Member that inputs freight to the Palletways European service will ensure that the following procedures are followed at all times.
Palletways adopted procedure is the 'Known Shipper' procedure.
Known Shipper Procedure
- A 'Known Shipper' is any company or private individual with which Palletways or its Members has established a credit facility and used that facility within the past six months.
- Palletways and its Members will take all of the appropriate steps to establish that the business or individual is bona fide e.g. financial credit checks/credit card verification. The business or individual will read and accept the terms and conditions, in which the carriage of illegal substances or smuggling is clearly and expressly excluded.
- When a 'Known Shipper' makes a booking for a shipment that will be transmitted through the Palletways European service, the order can be processed in the normal method and no further action is required.
Unknown Shipper Procedure for Deliveries
- If a company or individual that is unknown to Palletways or its Members requests that a pallet be picked up for delivery through the Palletways European service, the collecting Member will ensure that the contents of the pallet are bona fide and acceptable for transport.
- The following procedure is the Palletways Europe obligatory method of dealing with such requests:
• If the company name, address or the postal code for the collection or delivery cannot be verified, the shipment will be refused. Collecting Leg
• The consignor will be instructed to leave the boxes/pallet contents open until the driver arrives so that the contents can be verified before sealing and loading on to the vehicle.
• If the shipment is sealed and wrapped when the driver arrives and the consignee refuses to unwrap and unseal, the shipment will be refused. Delivery Leg
• If the consignee asks for the shipment to be delivered to a member's depot and held forpick up, the shipment will be refused.
- General Points
Palletways reserves the right to open any suspicious shipment or any shipment that is wrapped in such a way that the contents cannot be verified.
- If Palletways discovers illegal substances or attempted smuggling, it will inform the relevant authorities without reference to the customer
- For not following the above procedure, the customer will be billed with all costs and may be liable for associated costs as a consequence of not following the procedures. These costs are non-negotiable.
||(Admin fee - in addition to cost of uplift to actual Pallet Definition)
||(Admin fee - in addition to cost of uplift to actual Pallet Definition)
|Post-order amendment to collection address
||Admin fee - See Clause 10.4 of Terms and Conditions
|Additional waiting time at collection point
||If agreed that driver will wait at collection point. See Clause 10.8 of Terms and Conditions
||Per 15 minutes (or part thereof)
||See Clause 19.1 of Terms and Conditions
||Per 15 minutes (or part thereof)
|Exceeding Weight (Tail-lift delivery)
||See Clause 10.9. For Health & Safety purposes, weight limits apply for tail-lift deliveries
|Attempted or Failed Collection
|Late Change notification
||Late Change and Order Cancellation Notification £20.00
||Amazon Fulfilment Delivery Fee £17.50