Sub-Contractor Haulier S Manual

Sub-Contractor Haulier S Manual

Sub-Contractor Haulier’s Manual

Thank you very much for your enquiry and consideration in Subcontracting for Transmode Logistics Ltd. We operate from all the major UK ports including Felixstowe, Southampton, and Tilbury.

The organic growth of our Company will be attributed to the first class service we offer our customers. This naturally stems from the professionalism of our staff; we take immense pride in the quality of our people.

If you are looking to improve your current working conditions and want to work within a friendly, positive and professional environment, then please take the time to read this document and fill in the application forms.

On completion of the application please return it with the required documentation to Mark Fielding, Director, at the following addresses or should you have any questions please call on 01394 675635

Transmode Logistics Limited

Plot e & f

Fagbury road

Felixstowe

Suffolk IP11 4HQ

Telephone01394-675635

Two pages of your company details to be returned to the above and

Three pagesof insurance request formto be completed by your insurance broker and returned to the above.

Sub-Contractor Haulier’s Manual

Schedule of Contents

Subject

  1. RHA Conditions and CMR
  1. Knowledge of Company’s Contacts
  1. Further Sub-Contracting
  1. Sub-Contractor’s Agents
  1. Performance of Sub-Contract
  1. Load Carrying Equipment
  1. Dangerous Goods
  1. Security
  1. Health and Safety
  1. Failure in Course of Performance
  1. Duties of Sub-Contractor
  1. Receipts, Invoices and Statements
  1. The Company’s Liability
  1. Insurance
  1. Miscellaneous

Sub-Contractor Haulier’s Manual

  1. RHA Conditions and CMR

(a)WhenTransmode Logistics Ltd “the Company” and the Sub-Contractor enter into a contract for the carriage of goods within the United Kingdom or a contract to which paragraph (b) of this clause does not apply, the Road Haulage Association Limited Conditions of Carriage 1998 and any amendments, re-enactments or modifications thereto (hereafter called ‘RHA’) shall apply to such a contract.

(b)Where the Company and the Sub-Contractor enter into a contract for the carriage of goods where the Articles of the Convention on the Contract for the International Carriage of Goods by Road and any amendments, re-enactments of modifications thereto (hereafter called ‘CMR’) apply then such contract shall be subject to CMR.

1.1Subject to Article 21 of CMR where not expressly excluded or consistent with these conditions, the Sub-Contractor shall be bound by CMR or RHA, whichever is applicable to the particular contract regardless of whether the sub-contract of carriage requires a Sub-Contractor to cross International boundaries.

1.2Subject to provisions of CMR and RHA, the validity, construction, extent and performance of the contract between the Company and Sub-Contractor shall be governed by English law and shall be deemed to have been made in England and the parties submit to the exclusive jurisdiction of the English Courts.

  1. Knowledge of Company’s Contracts etc.

The Sub-Contractor shall be responsible for ensuring that he has, and shall be deemed to have, at the time of making and performing any contract with the Company, knowledge of the Conditions and requirements of the Company’s contract with its customers (the Main Contract) and the Sub-Contractor agrees to be bound by and to perform the Main Contract except as varied by those conditions (so far as the Main Contract relates to the contract between the company and Sub-Contractor) in the same way and in all respect as of the Sub-Contractor were the Company under the Main Contract. The Sub-Contractor shall fully indemnify the Company at all times against all claims and liability made against or incurred by the Company arising from any failure by the Sub-Contractor to perform his obligations under this clause.

  1. Further Sub-Contracting

3.1The Sub-Contractor will not further sub-contract work given to him by the Company without the prior knowledge and consent of the Company in respect of any contract between the Company and Sub-Contractor whether or not the Sub-Contractor has sub-contracted in any way.

3.2If the Sub-Contractor is made bankrupt or commences winding-up or makes any

arrangement with creditors or if a receiver or an administrative receiver is appointed in respect of the whole or any part of the assets or undertaking of the Sub-Contractor, the Company may by written notice require the Sub-Contractor to assign any sub-contract entered into by the Sub-Contractor and all rights arising there under to the Company and the Sub-Contractor shall comply with such notice immediately it is given.

  1. Sub-Contractor’s Agents etc.

The Sub-Contractor warrants to the Company that his employees, servants, agents, sub-contractors and other persons employed or authorised by him are competent to carry out the contract between the Company and the Sub-Contractor. The Company shall have no control in the performance by the Sub-Contractor of the contract with the Company or over such employees, servants and agents who shall at all times remain under the complete control and authority of the Sub-Contractor in all respects. Subject to the provisions of section 2 of the Unfair Contract Terms Act 1977 the Company shall not be liable for any loss, damage or personal injury (whether suffered by any employees, servant, agent or Sub-Contractor or to any other person) arising out of performance by the Sub-Contractor of the contract with the Company whether or not such loss, damage or injury was caused or contributed to by the negligence or other fault or breach of duty of the Company or any of it’s employees, servants or agents. The Sub-Contractor shall fully indemnify the Company against all claims, liabilities, losses, damage, expenses and costs of whatsoever nature and whether or not arising out of the negligence incurred by and/or brought against the Company due to or arising out of negligence incurred by and/or brought against the Company due to or arising out of the negligence incurred by and/or brought against the Company due to arising out of the Sub-Contractor’s use of his servants, agents and/or sub-contractors to perform the contract whether or not they were acting within the scope of their employment.

  1. Performance of Sub Contract

The Sub-Contractor Shall:

5.1Collect and deliver goods to be carried at the time specified by the Company or the

Main Contractor, within a reasonable time and within working hours. The Sub-Contractor must obtain a signed Proof of Delivery which confirms the arrival and departure time at the consignee’s premises and any reservations relating to the condition and quantity of the goods delivered. The Sub-Contractor must also obtain a signed Equipment Interchange Receipt or other proof of delivery upon delivering an empty container, or other load carrying equipment, which confirms date and time of restitution.

5.2Safety and efficiently load and discharge the goods to be carried and indemnify the Company against any claim made against it for loss or damage to the goods or any loss or injury suffered by any persons, Firm or Company arising from any failure by the Sub-Contractor to arrange for such safe and efficient loading and discharge.

5.3Inform the Company by telephone or facsimile transmission of any unusual delay.

5.4In the event of loss, damage or miss-delivery immediately inform the Company and supply a full report of the cause and circumstances, together with any information that the Company may require.

5.5If any loss is or is suspected to be due to theft or pilferage, in addition to the action laid out in note 5.3, immediately inform Police and take all reasonable steps to identify, apprehend and convict the guilty person and to trace and recover the goods.

5.6In the event of any loss or damage to the contract goods or delay in delivery, pay to the Company a sufficient sum to indemnify the Company under the Min Contract and amount of all costs and expenses incurred by the Company in connection with such liability.

6Load Carrying Equipment

6.1The Sub-Contractor shall keep any load carrying equipment in good and workable

Condition whilst any such equipment in good and workable condition whilst any such equipment is in his possession or control or that any of his agents or Sub-Contractors and the Sub-Contractor shall be responsible for the loss of or damage to such equipment sustained while in such possession ort control. The Sub-Contractor shall indemnify the Company against the cost of making good such loss or damage to the Company’s entire satisfaction.

6.2It is the Sub-Contractor’s duty to ensure that the load carrying equipment is in good

Condition and suitable and fit for the contract between the Company and the Sub-Contractor shall indemnify the Company against any liability that the Company may sustain as a result of the Sub-Contractor’s failure to do so.

The Company does not enter into any contractual or other obligation and gives no representation as the condition, suitability or fitness of load carrying equipment for any purpose.

7Dangerous Goods

7.1Dangerous Goods shall have the same definition as given in Condition1 of the Road

Haulage Association Conditions (1998)

7.2The Sub-Contractor shall not sub-contract performance of this Contract if the Goods are or may become dangerous.

7.3If dangerous Goods are loaded without the written consent of the Company and/or are inadequately marked then the Sub-Contractor shall immediately inform the Company.

7.4The Sub-Contractor shall ensure that all the relevant Dangerous Goods declarations are given to him and the Container’ Load carrying equipment is properly marked to designate the carriage of Dangerous Goods prior to the despatch from the place of loading.

7.5The Sub-Contractor shall ensure that any equipment or appliance other than the ‘Load Carrying Equipment’ required for the carriage of Dangerous Goods shall be suitable for their purpose.

7.6The Sub-Contractor shall ensure that all documentation pertaining to any Dangerous Goods is received at the place of loading and handed to the Company or dealt with in accordance with instructions issued by the Company.

  1. Security

Without prejudice to the following terms, the Sub-Contractor shall follow the Company’s instructions to drivers with regard to Load Security that shall be issued from time to time to the Sub-Contractors.

The Goods and Load Carrying Equipment shall not be left unattended at any time unless absolutely necessary and in that event all possible measures be taken, including, but not limited to, locking the vehicle doors and windows, alarming the vehicle and ensuring that the driver retains the keys.

The Sub-Contractor shall not park up overnight or for periods in excess of two hours except at sites authorised by the Company. The Sub-Contractor must take instructions from the Company before parking for periods in excess of two hours.

The Sub-contractor shall not disclose details of any Goods to any third party unless oblige do through force of Law or by the Sub-Contractor’s performance of the Contract.

The Sub-Contractor will not accept any alteration of delivery instructions from any party, Consignors or Consignees included, without obtaining written confirmation of those amended instructions from the Company.

  1. Security continued…

The Sub-Contractor must hand seals to the Consignor for affixing and shall not apply

seal themselves to the Load Carrying Equipment, nor is the Sub-Contractor authorised to remove any seal to prepare Load Carrying Equipment for delivery.

The Sub-Contractor shall return to the Company any seals that are issued but not used on the Load Carrying Equipment,

  1. Health and Safety

The Sub-Contractor shall use correct and safe-working methods at all appropriate times including any loading and off-loading and ensure that necessary training and protective clothing required to comply with these procedures are used.

  1. Failure in Course of Performance

If a vehicle breaks down or for any other reason the Sub-Contractor fails or is unable to collect the goods or complete delivery in accordance with Clause 5, the Company may, without affecting any other right it may have, recover the goods and carry them to their destination and the Sub-Contractor shall pay the Company’s charge thereof.

  1. Duties of the Sub-Contractor

11.1If any item of Load Carrying Equipment appears to be damaged or deficient at any time it is in the possession or control of the Sub-Contractor or that of any of his Agents or Sub-Contractors, the Sub-Contractor must notify the Company in writing immediately the damage occurs or the deficiency is discovered. The Company will within a reasonable time of receiving such notice notify the Sub-Contractor how to proceed with the Contract. If such notice is not given then the Company will not be responsible for any loss or damage arising from the faults or deficiency in the equipment.

11.2The Sub-Contractor will fully indemnify the Company against all claims and liability made against or incurred by the Company arising from the unlawful or unauthorised use of equipment whilst it is in the possession or custody of the Sub-Contractor or his agent or Sub-Contractor or arising from the death or injury to any person and damage to the property of any person, firm or Company arising directly or indirectly (1) out of improper use or defective condition of any equipment (including Company’s equipment) whilst it is in the possession, custody or control of the Sub-Contractor or his Agents or Sub-Contractor (2) otherwise out of the performance or failure of performance by the Sub-Contractor or the contract with the Company or any breach of these conditions; and (3) any act, neglect or default of the Sub-Contractor or any of his servants, agents or Sub-Contractors notwithstanding that such death, injury and/or damage may be been caused or contributed to by the act, neglect or default (including negligence) of the Company or any of its employees, servants or agents.

11.3Except where the Company and the Sub-Contractor agree in writing to the contrary, the Sub-Contractor shall be responsible for ensuring that the requirements of every Statute, Regulation and Order from time to time in force relating to any way to the drivers, motor vehicles, trailers and any other vehicles and equipment used for carrying, loading and unloading the contract goods shall at all times be strictly observed and all payments promptly made.

11.4Without in any way limiting the obligations of the Sub-Contractor under clause 11.3, it shall be the Sub-Contractor’s duty to ensure that any vehicle used by him in connection with the performance of the contract with the Company display in the manner required by law a Road Fund disc and Operator’s Licence disc appropriate to the vehicle.

11.5Load carrying equipment supplied by the Company is to be used by the Sub-Contractor and shall remain at all times the unencumbered property of the Company and where the Sub-Contractor employs a Sub-Contractor neither the Sub-Contractor not its Sub-Contractor shall sell, charge or encumber it in any way or lease it or allow any lien to be created or exercise any lien over it.

11.6The Sub-Contractor will fully indemnify the Company against all claims, demands, loss, penalties, costs, expenses, actions and liability arising out of the failure by the Sub-Contractor to perform his obligations under Clause 11.3, 11.4 and 11.5.

  1. Receipts, Invoices and Statements

12.1Company or Sub-Contractor Proof of Delivery evidence shall be retained by

Sub-Contractor. Such evidence must be provided to the Company upon request from any member of the Company. Customer Proof of Delivery packages shall be returned to the Company at the earliest opportunity.

12.2All invoices for work done during a month must be rendered to the Company.

Job numbers and journey descriptions must be detailed otherwise payment may be delayed. All payments will be made by BACS transfer to the Sub-Contractor’s nominated bank account in accordance with clause16

Provided the company’s Sub-contract Hauliers Manual has been adhered to.

12.3The Company shall be under no liability to the Sub-Contractor for any work in

respect of which a duly signed receipt note is not available.

12.4The company may set off against any sum due or becoming due to the Sub- Contractor in respect of any contract between the Company and the Sub-

Contractor any sum due or becoming due to the Company from the Sub-

Contractor on any accounts.

13The Company’s Liability

The Company shall have no obligation to ensure or provide for the safety, custody or condition of any of the Sub-Contractor’s vehicles, equipment or property and no claims shall lie against the Company for any loss, damage or injury to such vehicles, equipment or property whether or not arising from the negligence or misconduct or other act, neglect or default of a servant or employee of the Company.

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