Terms & Conditions

R.DRUMMOND (CARRIERS) LIMITED (also trading as “Drummond Distribution”)

General Conditions of Carriage (applicable in all cases unless otherwise agreed in writing)

1. Definitions

1 Carriage -  transit of the Consignment from the point of collection to the Consignee’s address.
2 Charges – the rate agreed prior to collection of the Consignment between you and us for Carriage of the Consignment.  Unless otherwise agreed Charges based on a tonnage rate shall apply to the gross weight but if the Consignment exceeds 4 cubic metres per metric tonne the tonnage rate shall be computed and applied to each measurement of 4 cubic metres, or part thereof, as being equivalent to a metric tonne.
3 Conditions – all of these conditions.
4 Consignee – the party intended by you to receive the Consignment.
5 Consignment – goods in bulk or in one parcel or package or in any number of separate parcels or packages sent at one time in one load by or for you from one address to one address.
6 Contract – the contract of carriage between you and us.
7 Dangerous Goods – explosives, radio-active material and all goods from time to time specified in Approved Carriage Lists issued by the Health and Safety Commission or in any like list issued by British Railway Board.
8 ‘We’ or ‘Us’ – R. Drummond (Carriers) Limited, East Mains Freight Centre, 1 Bathgate Road, Armadale, West Lothian.
9 ‘You’ – our customer contracting our services.

2. We are not a common carrier.  We accept goods for Carriage only on our Conditions, which can only be varied with our prior written consent.

3.(a) By engaging our services you warrant that you are either the owner of the Consignment or have the lawful authority of the owner to engage our services on our Conditions.  You are held to indemnify us against any and all liability, actual or contingent, if you do not have such authority.
(b) To fulfill the Contract we can eng age any other carrier, who then has the same rights and obligations under the Conditions as we have.
(c) You indemnify us against all claims or demand beyond liability under our Conditions in respect of any loss, damage or injury, howsoever arising, whether attributable to any negligence of us, our servants, agents or sub-contractors.

4. You must, in advance, disclose all Dangerous Goods to
us to let us decide whether we wish to carry them.  If we agree, all Dangerous Goods must be accompanied by a full declaration of their nature and contents.  They must be properly and safely packed to comply fully with all statutory requirements and Transport Emergency Cards (Tremcards) or other written information meeting statutory requirements must be supplied by you and must accompany the Consignment at all times.  You are bound to indemnify us, absolutely and fully, against all injury , howsoever caused, and all claims for costs, losses and damages, arising out of the Carriage of Dangerous Goods, whether they have been declared as such or not.

5. Where collection or delivery does not take place at our premises we have no obligation to provide plant, power or labour, other than our own drivers, for loading and unloading.  You must arrange to provide, at your risk and cost, at the specified place of delivery any such plant, power or labour which is required.  You are bound to indemnify us against all liability, costs, damages, claims and/or actions to or against us in respect of the provision or use of such plant, power or labour.  Goods requiring special appliances for loading/unloading are only accepted for Carriage on the understanding that you have checked with the Consignee that such appliances are available.  We are not obliged to load or unload any goods which require special appliances, additional plant, power or labour as above.

6. If requested we will sign an acknowledgment of our receipt of the Consignment but no such acknowledgment shall under any circumstances constitute evidence of the condition or accuracy of the declared nature, quantity or weight of the Consignment as received by us.

7. Carriage begins when we uplift the Consignment and (unless previously terminated) ends when the Consignment is tendered for delivery within usual business hours at the Consignee’s address.  If there is no safe or adequate access or unloading facilities there Carriage shall terminate 24 hours after notice of the arrival of the Consignment at the Consignee’s address has been given to the Consignee.  Even if for any other reason delivery cannot be effected or is refused by or held for the Consignee Carriage shall still terminate on expiry of that 24 hour period.  The method and route of Carriage shall be at our absolute discretion.

8. Where we are unable for any reason to deliver a Consignment or if Carriage has terminated we can then sell the goods, deduct our proper Charges and expenses and pay the balance to you.  That will discharge us from all liability in respect of the goods and the Carriage and/or storage thereof provided we have acted reasonably in obtaining a fair price for the Consignment and that (except in an obvious emergency) we have given you or the Consignee 48 hours notice of our intention to sell the Consignment.

9. Unless otherwise agreed in writing, you will pay our Charges within 30 days after the date of issue of our Charges invoice.  For late payment interest on a daily basis, at a rate of 6% above the Base Rate of Clydesdale Bank plc, will run from the date of our Charges invoice.  We can refuse to accept any other Consignment for delivery while any Charges and interest remain unpaid.  You are put on notice that no claim or PTO counter-claim by you against us shall entitle you to refuse payment of our Charges and interest. 

10. We shall not be liable for loss of or from any Consignment or for damage, misdelivery or delay unless you advise us in writing (other than on a Consignment Note) of such loss within 10 days after termination of Carriage or within 14 days of the anticipated Consignment delivery date, as the case may be, and in any event, only claims in writing received by us within 42 days after the commencement of Carriage shall be considered.

11. We shall be liable for loss of, or damage to, the Consignment (but not to its packaging) or for its misdelivery except where such loss, damage or misdelivery arises from any of the following:- (a) Act of God. (b) Force majeure or nay other occurrence or cause beyond our control including war, civil commotion, invasion, riots and strikes. (c) The carriage of Dangerous Goods, poisonous gases, oxidizing materials, narcotics, livestock or firearms. (d) Seizure, damage, confiscation, requisition or destruction under due legal process or by or under the order of any government department, local authority or public body. (e) Any act or omission by you or the owner of the Consignment or your or their servants, agents and/or employees. (f) Inherent liability to wastage in bulk or weight, latent defect or inherent defect or natural deterioration. (g) Inadequate or inappropriate packaging, labeling and/or addressing. (h) Industrial disputes, lock-outs, general or partial stoppages or restraint of labour of whatever nature. (i) Fraud on the part of you or the owner of the Consignment or your or their agents, servants and employees or (j) The Consignee refusing or not accepting delivery within a reasonable time.

12. We shall not be liable for any consequential loss, loss of profit, loss of income, interest, special damages or other direct or indirect  loss howsoever arising.  Our liability for loss or damage is limited to the lower of (1) the actual value of the Consignment based on either (a) the cost of the repair or replacement of the Consignment or (b) the resale or fair market value of the Consignment at the timem date and place at which the Consignment was accepted for Carriage (whichever is the less) and (2) where the loss or damage is in respect of the whole of the Consignment, a sum calculated at the rate of £6,000 per metric tonne on either the gross weight of the Consignment as computed under our Conditions or, if lower, the actual gross weight.  Recompense for any partial loss of, or damage to, any Consignment for which we are liable under our Conditions shall be calculated strictly in terms of this condition and applied on a pro rata basis where we consider that to be equitable.  You or the Consignee must provide proof of the value of the whole of the Consignment in the event of any claim for loss, damage etc.

13. We always have a general lien on and applicable to the Consignment against you (and the owner of the Consignment if not you) for all debts due to us.  If such debts are not settled within a reasonable time we can further exercise our lien by selling all or part of the goods in the Consignment as agents and applying the sale proceeds towards all monies, with expenses and interest, due to us.  Payment by us of the balance to you (or, at our discretion, to the owner if not you) shall discharge us from all liability whatsoever in respect of the Consignment.

14. You are liable for, and you are bound to infemnify us against, all costs, losses, damages and expenses incurred by us or by any other party adversely thereby affected should any vehicle, trailer, container or other equipment used, or intended to be used, for the Carriage of the Consignment be unreasonably, abnormally or unusually delayed or detained but always without prejudice to any other rights we or such affected party may have against any third party.

15. In computing time for any period not exceeding 14 days under our Conditions the following shall be excluded:- Saturday, Sunday, 1st and 2nd January, Good Friday, Christmas Day, Boxing Day and each official Bank Holiday, whether Scottish or English.

16. Save as afterwritten, this and every Contract between you and us shall be governed by the Law of Scotland and you and we agree to submit all matters relating to any Contract to the exclusive jurisdiction of the Scottish Courts except that, in our absolute discretion, should we determine that any matter arising from any Contract should more properly, conveniently or appropriately  be settled under the jurisdiction of the English Courts according to English Law and, we so advise you in writing, that matter shall be subject to English Law and the exlusive jurisdiction of the English Courts.

17. Should any part of the Conditions be invalid, illegal or unenforceable in any respect under any Law all of the other parts of the Conditions shall remain fully valid, effective and enforceable and shall not in any way be adversely affected, diminished or impaired.

R Drummond (Carriers) Limited
Eastmains Freight Centre, Armadale, EH48 2PE