Cold Store Approval Number: NR 021 | Bonded Warehouse Number: A2107287GB
Terms and Conditions
“the Company” meant R.S.Baker & Sons Ltd.
“the Customer” means the person contracting with the company.
“Goods” means the goods the subject of the contract between the Company and the Customer of which the Conditions form part and shall include pallets, palletainers and all other equipment associated with the Goods provided by or under the arrangements of the Customer.
“the Conditions” means these Conditions which will be the sole Conditions of the contract to the exclusion of any conditions put forward by the Customer and of any representations outside the Conditions, unless agreed specifically in writing by a director of the Company.
The Customer warrants that it is either the power of the Goods or is authorised by the owner of the goods to accept the Conditions on behalf of the owner. The Customer shall indemnify the Company for any losses incurred by the Company as a result of a breach of this warranty.
All Goods are received on the basis that the Customer warrants that the Goods are as described to the Company and in particular as to nature, weight, quantity, identity, condition and dimensions. Without prejudice to the foregoing generality where the nature of the business permits Goods presented for storage shall be:-
on standard (1000mm x 1200mm 2 way pallets in good condition and repair which satisfy the provisions of BS52629 (“Standard Pallets”) adequately secured to the pallet and not overhanging the pallet edge.
in a condition and at a temperature in compliance with all relevant statutory requirements and lower than –18oC if intended for cold storage. An appropriate charge may be levied if Goods are supplied in a condition above –18oC except where with the agreement of the Company Goods goods are delivered unfrozen.
Packed and clearly and legibly labelled in a way that enable them to be separated from other similar goods and which shows product sizes, qualities and type of goods. When Goods are presented on Standard Pallets the Company may, at its discretion issue an equal number of similar pallets in similar condition in exchange. Goods will only be redelivered on presentation at the point of delivery of Standard Pallets equal in number and condition to those to be redelivered by the Company. If at the Company’s discretion the Company agrees to redeliver without presentation of the necessary Standard Pallets the Company will make a charge equal to the replacement cost to it of deficiency payable by the Customer.
If the Goods presented for storage require to be fitted with converter sets, the Company will supply the sets and fit them. They will normally be removed on redelivery of the Goods. If the Goods are redelivered with the sets fitted, the sets must be returned to the Company within 7 days of redelivery and if not returned the Company shall make an appropriate charge to the Customer. If goods presented for storage are fitted with converter sets the procedures detailed in clause 6 above shall apply.
Goods when presented shall be securely and properly packed and in such condition as not to cause damage or injury or the likelihood of damage or injury to any person, to the property of the Company or to any other goods, by whatever reason.
Goods when presented shall be accompanied by written information specifying any special precautions necessitated by the nature or condition of the goods and or any statutory duties specific to the Goods with which the Company may need to comply. The Company will be charged with any expenses incurred by the Company in complying with any statutory duties imposed on the Company in relation to the Goods.
The Company may examine the Goods when they are presented and or at any time and for this purpose may break bulk and open packages and may carry out such temperature checks (including destructive testing), as it considers appropriate to comply with statutory obligations.
Goods which in the opinion of the Company are not in accordance with Clause 8 above may be removed at any time by the Company at the Customers expense and without notice. The Company may at its option and at the Company’s expense and without liability on the Company arrange for destruction storage or other disposal of such goods.
In the absence of specific instructions in writing, the Company may test and or store the Goods in such a way in its opinions is most likely to protect them but without responsibility for the suitability of the treatment selected.
The Customer will be liable to the Company for, and shall indemnify the Company in respect of all claims against and damages, costs and expenses suffered or incurred by the Company as a result of the state and conditions, or of any defects or deficiency in the goods.
The records kept by the Company of the temperatures of the cold stores or other buildings in which the goods are kept shall be conclusive and binding evidence of such temperature.
The Company’s charges are in respect of Goods presented in accordance with the conditions. If Goods do not comply with the Conditions the Company may
retain them for an additional charge or
re-store, invert, repack, or restow the Goods and or replace the pallets and charge accordingly. The Company may also refuse to accept Goods for any other reason.
Charges are incurred on a weekly basis (Monday to Sunday) and are payable both for the day of receipt and the day of removal. The Company’s charges are for services provided only between 8am and 4pm Monday to Friday inclusive. The Company may make additional charges for services outside these hours.
The Company may vary its charges at any time by giving seven days prior notice the Customer.
In respect of storage charges part weeks are charged at a full weekly rate and invoices are issued weekly in advance.
Charges do not include any charge for the handling of the Goods into or out of the cold store, or for the re-delivery to the Customer, or for the loading onto the Customer’s transport when taken out of the store.
All charges must be paid on the date agreed or within 7 days of dispatch of invoice and in any event (if required by the Company) before removal of Goods. Interest at 5% over the base-lending rate of Royal Bank of Scotland calculated on a hourly basis shall be paid on all amounts outstanding unless otherwise agreed by the Company in writing.
All Charges shall be paid in full without any set off and notwithstanding any claim or counter-claim by the Customer against the Company whether arising under contract or otherwise.
Title to an risk in the Goods shall remain at all times with the Customer. The Company does not insure the Goods and such insurance shall be the responsibility of and shall be for the account of the Customer.
The Company is only responsible for any loss or damage to the Goods or for any non-delivery, mis-delivery or delay of any non-compliance or mis-compliance with instructions if the same has arisen due to the negligence or breech of the terms of the Contract by the Company, provided always that the liability of the Company shall in no case exceed a total of £100 per tonne weight of that part of the goods in respect of which a claim arises. The Company shall in no circumstances by liable for any indirect consequential or economic loss of any kind whatsoever whether arising in a result of breach of the terms of this Contract, negligence or otherwise. The Customer shall ensure that its insurers waive all and any subagation rights against the Company and its insurers and the Customer shall indemnify the Company and its insurers in respect of any claims, liabilities and costs incurred as a result of beach of the terms of this paragraph by the Customer.
Any claims in respect of loss or damage, or any order sort whatsoever shall be notified to the company within 3 days after the delivery of Goods to the Customer, or its authorised agent, or after such loss or damage shall have some to the knowledge of the Customer whichever shall be the sooner, and any claims not to notified within such time shall be deemed to be waived.
The Company shall not be liable for any loss or damage to the extent that the same is caused or contributed to by the condition of the Goods on presentation to the Company in beach of the Conditions. The Customer shall indemnify the Company against all claims, cost and expenses incurred in this respect.
The Customer may give written authority for the Goods or any part thereof to be transferred by the Company to the account of another party but subject to the Customer ensuring before the effective date of the transfer that such other party notifies the Company in writing that it is to become the Customer. The Customer will guarantee payment by such other party of the cost of any transfer and of charges accruing during the period fourteen days after transfer. The charges as such other party shall not necessarily be at the same rate as the charges to the Customer.
The Company shall have a general lien on the Goods and on all other property of the Customer within the control of the Company for the payment of all debts accrued or accruing to the Company on any account with the Customer.
The Company may exercise its lien at any time by giving written notice to the Customer such notice to specify the amount of the debt due by the Customer to the Company or particulars from which the Customer may calculate such amount. In the event that the debt for which the lien has been exercised is not fully satisfied within seven days of such notice the Customer may sell or otherwise dispose of the Goods or any part of them at the Customers entire risk and expense by the best, method reasonably available and the proceeds of any sale or disposal shall be remitted to the Customer after deduction therefrom of all expenses and all amounts due to the Company from the Customer on any account.
The Company will be entitled to retain at its premises (and the Customer will not be entitled to require delivery of) such quantity of the Goods, and the value of which is not less than the amount of all processing charges payable or which may become payable by the Customer to the Company (whether invoiced or not). For the purpose of this prevision of the value of the Goods to be retained at the premises of the Company will be the open market value of suck goods as determined by the Company and the Company will have a lien over such goods in accordance with the provision of paragraphs 27 and 28 above.
The Company may in its sole discretion engage the services of others for the purposes of fulfilling the contract in whole or in part and may transfer at its own expense any Goods between or within the premises of the Company or of others.
Any notice or statement of account given by the Company to the Customer shall be duly given if left as or sent by registered or recorded delivery letter to the last known address of the Customer and such notice or account shall is posted be deemed to have been received forty eight hours after posting.
The Company may at any time give seven days written notice to the Customer requiring him to remove the goods. If the goods are not so removed the Company shall be entitled at the end of seven days to sell the Goods and deduct from the proceeds all outstanding charges, intent thereon and the costs of disposal.
If the Company agrees to arrange for other persons to perform for the Customer services which are not to be undertaken by the Company it will be so without becoming in any way whatsoever responsible to the Customer.
Subject to Condition 16,18,20,21 and 27 Goods will only be retained upon receipt of written authorisation from the Customer.
The Company reserves the right to search the vehicles and drivers delivering and uplifting the Goods and to take any steps that are necessary in the interests of security.
When transport services are provided all Goods are carried subject to the current Road Haulage Association Limited’s Condition of Carriage at the Convention on the Contract for the International Carriage of Goods by Road whichever is applicable.
The Company shall be relieved of its obligation hereunder to the extend that performance is prevented, impelled or delayed directly or indirectly by or in consequence of any default of the Customer statute regulation or order of any Government councillor other competent authority riot strike lock-out industrial dispute or other labour disturbance, storm, flood, fire, explosion or breakdown of machinery.
Contracts shall be governed by the law of Scotland.
Any dispute shall be referred to a simply arbitrator to be agreed upon by the parties or in default of agreement to be nominated by the President for the time being of the Institute of Arbitrators in accordance with the provision of the Arbitrators Act 1979 as amended or re-enacted from time to time.