The company known as Carousel Logistics Ltd and trading as Carousel contracts for the carriage of goods and ancillary services subject to these conditions of carriage. By entrusting Carousel with your consignment you accept our terms and conditions on behalf of yourself and/or anyone else who has an interest in the consignment irrespective of whether you have signed the front of our consignment note or not. Our terms and conditions also cover and can be invoked by anyone we use or sub-contract to collect, transport or deliver your consignment as well as our employees, directors or agents. When you give us the consignment with oral or written instructions that conflict with our terms and conditions we shall not be bound by such instructions.

1. DEFINITIONS
Unless the context otherwise requires the following expressions shall apply:
1. “the Carrier”: Carousel Logistics Ltd trading as Carousel and those others on whose behalf it also contracts
2. “Common Carrier”: A carrier engaged on standard terms other than those contained in these Conditions
3. “Consignee”: The person, firm, company or body to whom the Consignment is to be delivered
4. “the Contract”: The contract of carriage between the Trader and Carrier
5. “Contractual Documents”: The consignment note, these conditions and any ancillary matter
6. “Consignment”: Goods in bulk or contained in one package or any number of separate packages sent at one time in one load or by or for the Trader from one address to one address
7. “Consignment Note”: A docket in the form specified by the Carrier giving such details of the consignment and its carriage as the Carrier may require, one copy of which serves as the Delivery Docket
8. “Dangerous Goods”: Goods which are in the sole opinion of the Carrier dangerous, including those which are specified in the classification of dangerous goods as recorded in either the International Maritime Dangerous Goods Code (IMDG) or the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) or those goods classified as Dangerous by the International Air Transport Association (IATA) or other goods of a kindred nature
9. “Delivery Docket”: The copy of the Consignment Note signed by the Consignee (or its agent) which serves as the Delivery Docket
10. “Sender”: The person, firm, company or body from whom the Consignment is collected by the Carrier
11. “Trader”: The person, firm, company or body who contracts for the services of the Carrier
12. “Transit”: The period commencing when the Goods are collected by the Carrier and ending when the Goods are delivered by the Carrier, as described in more detail in clause 8 of these Conditions
13. “Owner”: The Carrier shall deem the owner of the goods to be the trader who contracts for the carriage of the goods
14. “Subcontractor”: Any subcontractor engaged by the Carrier to transport, deliver or store the Consignment, or carry out any associated activity

2. COMMON CARRIER
The Carrier is NOT a Common Carrier and will accept the consignment only on the terms of these conditions

3. PARTIES AND SUB-CONTRACTING
1. The Carrier may sub-contract the whole or part of the transaction to another carrier who may also subcontract on like terms
2. The Trader shall save harmless and keep the carrier indemnified against all claims or demands whatsoever by whomsoever which are caused by the neglect or default of the Trader or any breach by the trader of his obligations under the contract

4. DANGEROUS GOODS & SECURITY REGULATIONS
1. The Carrier will only consider accepting Dangerous Goods for carriage PROVIDED the Trader has first given the Carrier a full declaration of their nature and contents and after the Trader has had them properly and safely packed and labelled in accordance with any statutory or other regulations for the time being in force for their transport by road, air, rail or sea
2. The Trader shall declare on the Consignment Note in such manner as the Carrier may require if the Consignment or any part thereof shall be Dangerous Goods
3. The Trader shall indemnify the Carrier against all loss, damage claims and injury howsoever arising out of the carriage of any Dangerous Goods whether declared as such or not
4. In the absence of written notice to the contrary being given to the Carrier prior to its collection for carriage the Trader warrants that the Consignment is fit and safe to be carried or stored in the condition in which it is presented and that it has been prepared in secure premises using reliable staff employed by the Trader and that the Consignment has been safeguarded against unauthorised interference during preparation, storage and transportation immediately prior to acceptance for carriage of the consignment by the Carrier
5. The Carrier may at its discretion accept some Dangerous Goods for carriage in some countries if it has been pre-agreed prior to consignment which must be given by the Carrier in writing before the consignment can be accepted. Any Dangerous Goods will only be accepted if the Carrier gives its express agreement, and a dangerous goods surcharge will be invoiced to the Trader upon acceptance of the Consignment
6. The Trader agrees that the Carrier, or any governmental authority including Customs and Excise authority, may open and inspect any Consignment at any time

5. LOADING AND UNLOADING
1. The Carrier shall be under no obligation to provide appliances such as plant, power or labour which, in addition to the Carriers Carmen, may be required to load or unload the consignment
2. Any assistance given by the Carrier beyond the place of the collection or delivery shall be at the sole expense of the Trader. Subject thereto the contract shall be deemed to varied to include such assistance and any additional costs incurred by the Carrier shall be in addition to the price determined under the Contract
3. When a Consignment requires appliances for it to be loaded and unloaded the Trader warrants that such appliances with operators or labour are or will be available at the collection and delivery addresses. Where the Carrier has to load or unload such a Consignment without the appliances or labour necessary the Carrier shall be under no liability whatsoever for any damage howsoever caused and the Trader shall save harmless and keep the Carrier indemnified against any claim or demand which not have been made if such appliances or labour had been available

6. CONSIGNMENT NOTES
1. The Carrier shall, if so required, sign a document prepared by the Sender acknowledging the receipt of the Consignment, but no such document shall be evidence of the condition or of the correctness of the declared nature quantity or weight of the Consignment at the time it is received by the Carrier
2. The Trader undertakes to see that by the time of its collection the Consignment is adequately packed for the carriage and for being mechanically handled and is correctly addressed and that the details on the Consignment Note are correct

7. CUSTOMS CLEARANCE
1. The Trader hereby appoints the Carrier, or its nominated supplier, as the Trader’s agent solely for the purpose of clearing and entering the Consignment through customs and the Trader hereby certifies that the Carrier is the consignee for the purpose of designating a customs broker to perform customs clearances and entries if the Carrier subcontracts this work. If any customs authority requires additional documentation for the purpose of confirming the import/export declaration or the Carrier’s customs clearance status it is the Trader’s responsibility to provide the required documentation at its own expense
2. The Trader warrants that all statements and information relating to the exportation and importation of the Consignment are true, accurate and correct. The Trader acknowledges that in the event that any such statements are untrue or inaccurate it risks a civil claim and/or criminal prosecution the penalties for which include forfeiture and sale of its Consignment. To the extent that the Carrier may voluntarily assist the Trader in completing the required customs and other formalities such assistance will be rendered at the Trader’s sole risk. The Trader agrees to indemnify the Carrier and hold it harmless from any claims that may be brought against it arising from the information provided to the Carrier and any costs the Carrier incurs regarding this and pay any administration fee the Carrier may charge the Trader for providing the services described in this clause
3. Any customs duties, taxes, penalties, storage charges or other expenses incurred by the Carrier as a result of the actions of Customs authorities or other governmental authorities or the Trader’s failure and/or the recipient’s failure to provide proper documentation and/or to obtain the required licence or permit will be charged to the Trader

8. TRANSIT
1. Transit shall commence when the Carrier takes possession of the Consignment
2. National and International holidays, Public holidays, National days, weekends or the relevant country’s equivalent together with delays caused by customs or other events beyond the Carrier’s control are not included in any quoted delivery times. The route and the method by which the Carrier transports any consignment shall be at the Carrier’s sole discretion
3. Transit times quoted are to be used as a guide only and do not apply to Dangerous Goods
4. Transit shall (unless otherwise previously determined) end when the Consignment is first tendered at the address for its delivery PROVIDED that if for any reason the delivery of the Consignment cannot be effected at that address at the time then Transit shall continue and shall be deemed to end at the expiry of 48 hours after notice in writing (or by telephone) of the arrival of the Consignment at the Carrier’s local depot has been given to the Consignee at the address for delivery
5. When a Consignment is to be held by the Carrier at the local depot “to await order” or “to be kept till called for” or upon like instructions and such instructions are not given, or the Consignment is not called for or removed within a reasonable time, then Transit shall be deemed to end at the expiry of 48 hours after notice in writing (or by telephone) of the arrival of the Consignment at the Carrier’s local depot has been given to the Consignee at the address for delivery
6. The Trader shall procure that the Consignee has an authorised person available to sign the Delivery Docket for the Consignment at the time of its delivery

9. UNDELIVERED OR UNCLAIMED GOODS
After the Transit is deemed to be at an end the Carrier shall have the right to return any Consignment to the Trader (or at the Carrier’s option to the Sender) at the Trader’s cost

10. MISDELIVERIES
The Carrier will not be liable for, nor shall any adjustment, refund, or credit of any kind be made as a result of any loss, damage, delay, misdelivery or non-delivery or misinformation including but not limited to any such loss, damage, delay, misdelivery, non-delivery or misinformation caused by or resulting from:
1. The act, default, or omission of the Trader, Consignee or any other party with an interest in the Consignment
2. The nature of the Consignment or any defect, characteristic or inherent vice thereof
3. The improper or insufficient packing, securing, marking or addressing of a Consignment
4. Any events beyond the control of the Carrier including but not limited to: riots, civil commotion, lockouts, general or partial stoppage or restraint of labour, any national or local disruptions in air or ground transportation network, strikes or anticipated strikes disruption or failure of communication and information systems, mechanical delay or conditions that present a danger to employees, servants or personnel of the Carrier
5. Any delay in delivery or the Carrier's inability or failure to complete a delivery due to acts or omissions of Customs or other regulatory agencies or the payment of duties and taxes

11. CARRIER’S CHARGES
1. The Carrier’s charges unless otherwise stated exclude Value Added Tax, Duty, ancillary charges and Fuel surcharges. The Carrier’s charges for the carriage (and services incidental thereto) which shall accrue when Transit is at an end shall be payable by the Trader without prejudice to the Carrier’s rights against the Consignee or any other person
2. The Carrier shall only accept “carriage forward” consignments by prior arrangements. The Trader remains liable to pay any charges should the Consignee fail to pay them after reasonable demand has been made by the Carrier for payment thereof
3. The Carrier shall only accept “cash on delivery/collection” consignments by prior arrangement and entirely at the risk of the Trader
4. Where Consignments are cancelled prior to collection the Carrier shall not make a charge except where, to be solely determined by the Carrier acting reasonably, costs for transport or ancillary charges have been incurred by the Carrier up to the time of cancellation
5. Our charges are calculated in accordance with the rates applicable to your consignment as set out in our current rate card. Variations from the rate card are given at the sole discretion of the Carrier
6. If the Consignment exceeds 1 cubic metre per 1000 kgs the Consignment may be subject to a surcharge
7. If the Trader fails to specify the gross weight on the Consignment Note, the Carrier may charge on its estimated weight
8. The full charge shall be paid to the Carrier not withstanding:
(i) A claim or counter claim against the Carrier (and for the avoidance of doubt any right of set-off is expressly excluded)
(ii) The absence of, or a discrepancy on, the Delivery Docket
9. Consignments to or from addresses which involve either entry to docks, wharves, container bases and the like or involve customs checks or security clearances may be subject to a surcharge and recovery of any expenses incurred by the Carrier

12. TERMS OF TRADING
1. When the Carrier has agreed to provide credit facilities invoices will be rendered and payment must be made by the Trader not later than 14 days from date of invoice by direct debit unless agreed otherwise in writing by a Director of the Carrier
2. Invoices rendered for VAT and/or duty are excluded from any credit agreement and are payable on demand, unless indicated to the contrary
3. Charges shall be payable on or before the expiry of any time limit agreed with the Trader and the Carrier shall be entitled to interest on all amounts overdue to the Carrier calculated on a daily basis at 6 per cent above the Base Rate of the Royal Bank of Scotland current from time to time or at a rate of 15 per cent per annum, whichever shall be the greater
4. The Trader shall pay all invoices, charges, expenses or sums of whatever nature submitted by the Carrier in cash or as otherwise agreed immediately when due without reduction or deferment on account of any claim, counterclaim or set-off
5. Any query relating to the Carrier's charges must be notified to the Carrier in writing within 10 days of the invoice date, failing which the invoice shall be deemed to be properly rendered in the stated sum
6. Failure to make payment on any one invoice by the due date will render the Trader's entire account immediately due for payment
7. The Carrier shall endeavour to provide proof of delivery upon request from the Trader provided that the Carrier receives such a request in writing within 30 days from the date of despatch by the Trader. If the Trader requests the Carrier to supply proof of delivery after 30 days from the date of despatch the Carrier shall at its sole discretion be entitled to charge the sum of £10 per proof of delivery
8. Proof of deliveries cannot normally be provided for any Customer using the Carrier’s “Saver” products (as defined from time to time)
9. The Carrier has the right to claim any expenses incurred
10. The provision of proof of delivery documents to the Trader shall not constitute a condition of payment

13. TIME LIMIT FOR CLAIMS
1. The Carrier shall not be liable:
(i) For loss from a Consignment or for shortage, or for damage, deviation misdelivery, delay or detention UNLESS he is advised thereof in writing in the first instance at the time of delivery on the Delivery Docket and confirmed within 7 days of the termination of Transit
(ii) For loss or non-delivery of the whole of the Consignment or of any separate package forming part of the Consignment UNLESS he is advised in writing within 14 days after the commencement of Transit
2. 6 months after Transit has ended the Carrier may destroy the Consignment Note and or Delivery Docket and thereafter its absence shall not be held against the Carrier, and shall not constitute evidence of any error, omission or wrongdoing on the part of the Carrier

14. LIABILITY FOR LOSS AND DAMAGE
1. Subject to any other terms of these Conditions and to clause 15 in particular, the Carrier shall not be liable for any loss or damage to the Consignment occasioned by:
(i) Acts of God including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost;
(ii) Any consequence of war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war rebellion, insurrection, military or usurped power or confiscation, destruction of or damage to property or under order of any governmental or public or local authority
(iii) Seizure under legal process
(iv) The act or omission of the Trader or those for whom the Trader contracts or of the servants or agents of either
(v) Inherent liability to wastage in bulk or weight latent defect or inherent defect, vice or natural deterioration
(vi) Inadequate or improper packing of the whole or part of the Consignment

2. The Carrier shall not incur liability of any kind in respect of Consignments where there has been a misrepresentation on the part of the Trader or the owner of the goods or servants or agents of either in respect of that Consignment
3. The Carrier may require proof of the value of the Consignment or of any part of it
4. Rights of subrogation exist between all parties

15. LIMITATION OF LIABILITY
1. Unless stated elsewhere in the Contract or in these conditions the liability of the carrier shall be limited up to that of the Subcontractor. This is limited to a maximum of up to £5 per kilo, maximum of £500 or the cost of replacement/repair whichever is less with the exception of “Security Bags” which carry an increased liability to a maximum of £100 per kilo; maximum of 1 kilo per bag or “Saver” products (as defined from time to time) which are limited to a maximum of £1.50 per kilo, maximum of £50 (parcels) £150 (freight), provided that the Carrier’s charges are not overdue in accordance with the terms of the Contract. Transit claims exclude profit, incidental costs or consequential loss
2. Extended transit liability is available by quotation, and must be requested and accepted in writing
3. Extended transit liability is not available for any prohibited or excluded article (as set out in clause 14 (2))
4. The Carrier will not accept responsibility for any claim less than £25.00
5. In the case of damage exceeding £250, the Trader must give the Carrier the opportunity to examine the damage and the packaging prior to repair, failure to do so will invalidate the Trader’s claim and the Carrier shall not be liable
6. The Carrier shall not be liable in any way for any loss of or damage to goods arising from mis-delivery if the Trader shall have failed to state the Consignee's correct postcode or address at or before the commencement of Transit
7. The Carrier will not be liable if the Consignment is deemed inadequately or improperly packed or is of such a fragile nature that it cannot withstand the ordinary exigencies of carriage by the Carrier
8. All property in any damaged Consignment shall (if not required by the Trader) be vest with the Carrier who shall be entitled to destroy or dispose of the items for its own benefit

16. EXCLUSIONS
1. The Carrier shall not in any case be liable for indirect or consequential damages for the loss of a particular market (whether held daily or at intervals) or of the goodwill of a customer whether or not the same has been caused or contributed to by the negligence of the Carrier
2. Transit liability is not available for Consignments which include precious stones and metals, bullion, cashiers' cheques, currency, money orders, securities (including drafts, stocks and bonds and negotiable instruments in bearer form), travellers' cheques, stamps, prepay telephone cards and vouchers, electricity tokens and vouchers and similar vouchers, furs, jewellery, glass, china, liquids, foodstuffs, perishables, white goods, objects d'art & antiques, data, computer & ancillary equipment, or other goods of a kindred nature, unless by prior written arrangement
3. The liability of the Carrier shall not exceed the actual loss suffered by the Trader and shall in any event be limited by the terms of these Conditions
4. The endorsements of the words “not checked”, “unchecked” or “unexamined” (or different words to the same effect) on a Delivery Docket shall not render the Carrier liable for any shortage or damage subsequently discovered
5. The Carrier shall not be liable unless arranged prior to collection for any loss or damage to a Consignment which is not collected from the Trader’s premises
6. The Carrier shall not be liable for any loss or damage to a consignment where the Trader has presented the Carrier multiple consignments as a “bulk” despatch, either on pallets, bases, stillages, cages or similar, irrespective of a signed Consignment Note being in existence

17. GENERAL LIEN
The Carrier shall have a general lien on all Consignments and documents relating to Consignments in its possession, custody or control for any monies whatsoever due from the Trader or owner of the Consignment and such general lien shall extend to all freight charges, Custom’s duties and charges, advances or any other charges of any kind arising out of Transit hereunder and shall be entitled to sell or dispose of such goods or documents as Agent for and at the expense of the Trader and apply the proceeds in or towards the payment of such sums on 14 days notice to the Trader or any lesser period as may be reasonable in the circumstances. Upon accounting to the Trader for any balance remaining after payment of any sums due to the Carrier and any costs of retention, insurance and sale or disposal the Carrier shall be discharged of any liability whatsoever in respect of the Consignments or documents

18. UNREASONABLE DETENTION
The Trader shall be liable to the Carrier for the cost of unreasonable detention of vehicles or containers without prejudice to the Carrier’s rights against any other person

19. COMPUTATION OF TIME
In these Conditions, periods of time shall be computed without including: National and International Holidays, Public holidays, National Days, weekends or the relevant country’s equivalent. Expected transit times shall always be quoted excluding these

20. GENERAL
1. In the event of a conflict between anything stated in the Contract or other contractual documents and these Conditions the wording of these Conditions shall prevail
2. Nothing in these Conditions shall seek to exclude the liability of the Carrier for damages for death or personal injury arising out of the negligence of the Carrier
3. These Conditions shall supersede all conditions sought to be imposed by the Trader and the warranties and undertakings in the Contract shall supersede all other warranties and conditions whether express or implied by Statute Common Law or otherwise and in particular but without prejudice to the generality thereof the implied terms of the Supply of Goods and Services Act 1982 or any statutory modification or re-enactment thereof shall not apply to the Contract or these Conditions
Carousel Conditions of Carriage – Final: 02-2009