Definitions
1.1 “Account”
A Customer account registered with CFS, containing customer-specific details, such as name, contact details, payment card information, and booking history.
1.2 “Account Booking”
A booking made by a Customer with an active Account.
1.3 “App”
The CFS mobile application used by Customers to place Bookings.
1.4 “Booking”
An order for the transport of a Consignment made by a Customer with CFS via phone, email, or through the CFS App or Website.
1.5 “Carrier”
Carrier Forwarding Service Ltd., trading as CFS.
1.6 “CMR Convention”
The United Nations’ Convention on the Contract for the International Carriage of Goods by Road.
1.7 “Conditions”
These terms and conditions governing the carriage contract between the Customer and CFS.
1.8 “Consignee”
The recipient designated to receive the Consignment.
1.9 “Consignment”
Goods or property, packaged in parcels, containers, or envelopes, to be delivered by CFS for the Customer to the Consignee.
1.10 “Customer”
The legal or natural person who contracts for CFS’s services.
1.11 “Dangerous Goods”
Goods classified as dangerous under the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR).
1.12 “Data Protection Legislation”
Data protection laws in effect in the UK, including the Data Protection Act 1998, the GDPR (EU 2016/679), and any successor laws.
1.13 “Excluded Goods”
Goods that require CFS’s prior approval for carriage, including valuable items (e.g., precious metals, jewelry), fragile items, cash, and certain other high-value or sensitive items.
1.14 “Non-Account Booking”
A Booking made by a Customer without an Account.
1.15 “Online”
Bookings made by the Customer online via the CFS Website.
1.16 “Personal Data”
As defined under Data Protection Legislation.
1.17 “Prohibited Items”
Items not permitted for carriage under clause 3.9.
1.18 “Website”
The CFS website located at www.cfslogistics.com.
1.19 “Working Day”
Any day except Saturday, Sunday, or public/bank holidays in England.
General Conditions
2.1 Service Scope
CFS offers comprehensive consignment services, including carriage, booking, account support, delivery tracking, and other agreed features. For carriage, CFS may employ agents or subcontractors.
2.2 Terms of Service
CFS is not a common carrier and only accepts consignments under these Conditions. Unless otherwise agreed in writing by a CFS Director, these Conditions govern all Bookings and supersede any Customer terms. CFS’s employees, agents, or subcontractors are not authorized to alter these Conditions.
2.3 Reasonableness of Liability Terms
The Customer agrees that CFS’s limitations of liability are reasonable, given available alternatives.
2.4 Customer Authority
The Customer warrants authority to enter and fulfill obligations under these Conditions.
2.5 Website and App Availability
CFS may withdraw the Website, App, or booking functionality without prior notice and reserves the right to decline any orders placed.
2.6 CMR Convention Applicability
The CMR Convention applies as law for road carriage between different countries (at least one of which is a CMR signatory). It does not govern transport within the UK, Republic of Ireland, Channel Islands, or Isle of Man, or for furniture removal or postal convention scenarios.
Consignment Terms
3.1 Booking Submissions
Customers may submit Bookings via phone, email, online, or through the App.
3.2 Quotation Validity
CFS provides quotes valid for seven days, subject to acceptance. CFS may amend Bookings with notice to the Customer.
3.3 Contract Formation
A Booking contract forms upon CFS’s confirmation. Until confirmed, a Booking is not binding.
3.4 Additional Charges
If the Customer’s actions prevent CFS from fulfilling obligations, additional charges may apply (e.g., waiting or loading time).
3.5 Delivery Address
Consignments are delivered to the specified address unless otherwise agreed, with potential additional charges for address changes.
3.6 Charges and Calculations
Charges are based on journey length, Consignment dimensions, weight, and chosen service type. CFS offers services like same-day, overnight, and international delivery. Quotes are based on industry-standard mileage with a tolerance of +/-5%.
3.7 Additional Services
Customers requiring services beyond standard carriage should contact CFS to discuss potential additional charges.
3.8 Dangerous Goods
CFS does not generally accept Dangerous Goods without prior notification and agreement. Where accepted, Dangerous Goods must comply with regulatory labeling and packaging, with specific requirements documented in a separate agreement.
3.9 Excluded Goods
Customers must disclose Excluded Goods and obtain CFS’s approval before carriage. CFS may impose additional charges, and failure to disclose Excluded Goods places full risk on the Customer. The Customer will indemnify CFS for losses associated with Excluded Goods.
3.10 Prohibited Items
Unless agreed otherwise in writing, Customers shall not submit Prohibited Items (e.g., firearms, animals, human remains). Submitting Prohibited Items may result in indemnity obligations for the Customer to cover losses associated with such items.
Delivery
4.1 Customer Responsibilities for Consignments
The Customer must ensure that the Consignment is secure, appropriately packed, and labeled in compliance with industry best practices and applicable statutory requirements. It should be fit and safe for carriage by road, air, rail, or sea as required.
4.2 CFS Collection and Delivery Timing
CFS will make reasonable efforts to collect and deliver the Consignment within the specified times. However, unless explicitly agreed, these times are estimates only, and time is not of the essence.
4.3 Loading and Unloading Requirements
Unless CFS has agreed otherwise in writing:
4.4 CFS Liability for Consignment and Property
CFS is not liable for any loss or damage to:
4.5 Provision of Out of Scope Services
CFS will not provide Out of Scope Services unless specified in the Customer's Booking and confirmed by CFS.
4.6 Customer Indemnification for Out of Scope Services
The Customer indemnifies CFS and its affiliates, contractors, agents, directors, and employees against any claims or losses resulting from providing Out of Scope Services, including claims by the Consignee regarding Consignment loss or damage.
4.7 Delivery Route
CFS reserves the right to determine the delivery route for Consignments at its discretion.
Consignment Notes
5.1 Consignment Acknowledgment
If requested, CFS will sign a document prepared by the Customer to acknowledge Consignment receipt. This document does not confirm the condition, contents, quantity, or weight of the Consignment at receipt.
5.2 Delivery Acknowledgment
Written acknowledgment at delivery is typically required. If this acknowledgment cannot be obtained, CFS will consider delivery unsuccessful under clause 7.1, with written acknowledgment serving as evidence of proper delivery.
5.3 Proof of Delivery Waiver
If the Customer waives the need for a signature as proof of delivery, CFS bears no liability should the Consignee later claim non-delivery.
Transit
6.1 Commencement of Transit
Transit begins when CFS takes possession of the Consignment at its premises or another collection point.
6.2 End of Transit
Transit generally ends when the Consignment reaches the Consignee’s address, as specified by the Customer, unless otherwise agreed.
6.3 Unsuccessful Delivery and Transit Conclusion
If a Consignment cannot be delivered and remains with CFS awaiting further instructions for over 24 hours, transit is deemed concluded after this period.
6.4 Unsuccessful Delivery Due to Incorrect Information
CFS is entitled to recover charges in full for any failed delivery resulting from incorrect information and any associated costs.
6.5 Consignment Examination
CFS reserves the right to open and inspect any Consignment deemed a security or health risk and may take appropriate action as required.
Undelivered or Unclaimed Goods
7.1 Notice of Undelivered Consignment
If CFS cannot deliver a Consignment, it will attempt to notify the Customer and the Consignee. If unclaimed within seven days of notice, title transfers to CFS, which may destroy or sell the Consignment. Return or further transport costs are at the Customer’s expense.
7.2 Sale of Unclaimed Consignments
CFS will endeavor to obtain a fair price for unclaimed Consignments sold to third parties. Proceeds will cover CFS’s related expenses, and any remainder will be paid to the Customer.
Cancellation
8.1 Cancellation Rights
Both CFS and the Customer may cancel a Booking at any time for any reason with immediate effect by notice to the other.
8.2 CFS Right to Recover Costs
If CFS cancels due to Customer breach, it may charge the Customer reasonable fees and claim damages for any missed work opportunities caused by the breach.
8.3 Customer Liability for Collection Cancellation
If a Consignment has been collected, cancellation incurs the full carriage charge.
8.4 Cancellation During Driver Dispatch
If the Customer cancels after CFS dispatches a driver (but before collection), CFS may charge a reasonable fee up to the full Booking charge.
CFS Charges
9.1 Payment of Charges
Customer charges will align with the confirmation under clause 3.3, payable according to CFS terms.
9.2 Payment Terms
Standard payment is due within 14 days of the invoice date, or 28 days if the Customer has authorized payment by direct debit.
9.3 Credit Terms
CFS charges are based on tariffs at the time of carriage. Credit facilities may be withdrawn at CFS’s discretion, and payment will then be due immediately. Additional fees may apply for corporate credit card payments.
9.4 Credit Card Pre-Authorisation
For credit card payments, CFS will pre-authorize charges plus a 10% buffer for potential additional fees. Final charges will be processed after completion or cancellation of the Booking.
9.5 Charge Adjustments
CFS reserves the right to adjust charges with 30 days’ notice due to fuel price increases or regulatory changes.
9.6 Late Payment Interest
CFS may charge interest on overdue payments at 4% above the Bank of England’s base rate and recover legal fees and costs for collections.
9.7 Invoice Queries
Customers must address invoice queries within seven days; otherwise, the invoice is deemed accepted.
9.8 VAT and Other Taxes
All charges exclude VAT and other applicable duties, added at the prevailing rate.
9.9 Electronic Invoicing
CFS primarily uses electronic invoicing. Paper invoices are available for an additional fee.
9.10 Quote Validity
All quotes are valid for 30 days and exclude VAT.
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10. Data Protection
10.1 The Customer shall give any notices and obtain any consents necessary to enable the Carrier to lawfully process any Personal Data (which may include delivery and contact information) provided by the Customer to the Carrier to enable the Carrier to exercise its rights and perform its obligations in relation to Bookings.
10.2 The parties acknowledge that:
10.3 The Customer shall indemnify the Carrier against all losses (including but not limited to liabilities, costs, expenses, damages, and fines) suffered or incurred by the Carrier arising out of or in connection with the provision of the services, to the extent that such losses arise out of or in connection with the Customer’s failure to select appropriate services for the transfer of any data (including Personal Data) included in any Consignment.
11. Limitation of Liability
11.1 Notwithstanding any other clause of these Conditions, neither party excludes or limits liability for personal injury or death arising from the negligence or willful default of either party, its servants, dealers, or sub-contractors; or for any fraudulent misrepresentation; or any other type of liability which cannot be excluded by law.
11.2 Except as expressly provided in these Conditions, the total liability of the Carrier which arises out of or under these Conditions (whether in contract, tort (including negligence), statute, or otherwise) in respect of any contract arising from a Booking is specified in this clause.
11.3 Subject to clause 11.1, the Carrier shall not be liable to the Customer, whether in contract, tort (including negligence), or by statute, or otherwise in respect of any loss of profits or revenue (whether direct or indirect) and/or for any special, indirect, incidental, or consequential loss or damage suffered by the Customer howsoever caused including, without limitation:
11.3.8 The types of loss and/or damage specified in clauses 11.3.1 to 11.3.7 above shall not constitute direct loss for the purpose of these Conditions.
11.4 The Customer shall notify the Carrier at the time of Booking of the value of the Consignment in accordance with the notification requirements set out in the tables below.
11.5 Subject to clause 11.1, the Carrier’s total aggregate liability to a Customer in respect of a Consignment shall be as set out in the tables below. The Carrier shall provide a higher limit on its liability for Consignments which relate to Consignments of value where the Customer notifies the Carrier of those values and the Customer pays the additional fees as set out in the tables. The parties acknowledge and agree that the Carrier’s maximum liability in respect of each Consignment will also depend on whether the Customer has an Account with the Carrier.
11.5 Subject to clause 11.1, the Carrier will not be liable to the Customer for the carriage of Excluded Goods unless:
11.6 Subject to clause 11.1, for any Consignments stored by the Carrier at its premises, the total liability of the Carrier for any loss of or damage to such Consignment shall not exceed the sum of one thousand pounds sterling (£1,000), unless the declared value of the Consignment exceeds such sum and the Carrier has subsequently agreed in writing to a higher limitation on its liability.
11.7 The Carrier shall not be held responsible for any event beyond the reasonable control of the Carrier, which prevents it from performing its obligations under the relevant contract including, but not limited to:
11.8 The Customer shall provide to the Carrier written proof of the value of the Consignment damaged or lost, and the Carrier shall be entitled to inspect the damaged Consignment.
12. Website and APP
12.1 The information provided on the Website and/or the App has not been written to meet specific Customer requirements, and it is the sole responsibility of the Customer to satisfy itself that any Booking made Online or via the App will be suitable for its requirements. All express or implied warranties in relation to the Website and/or the App are hereby excluded to the fullest extent permitted by law.
12.2 Whilst the Carrier makes all reasonable attempts to exclude viruses from the Website and/or the App, it cannot ensure that the Website or the App will be virus-free. The Customer acknowledges and agrees that any use of the Website or App by the Customer shall be at its own risk.
12.3 Customers have no rights in or to the Website or the App and all rights in and to the Website and the App, including any underlying intellectual property rights, are owned by the Carrier or its licensors.
13. Governing Law
13.1 These Conditions shall be governed by and construed in accordance with the laws of England and Wales, and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.