Common use of CARRIER’S LIABILITY Clause in Contracts

CARRIER’S LIABILITY. 4.1 The Carrier is responsible for the Goods from the time they are placed on board the Carrier’s vehicle until the time they are removed. 4.2 Where loading and/or discharge are included in the Carrier’s instructions or where the Carrier undertakes loading and/or discharge itself, the Carrier is responsible for the Goods from the beginning of loading and/or until the completion of discharge. 4.3 Where the Carrier accepts Goods without reservation, this will amount to an acceptance of the Goods in apparent good order and condition. 4.4 The Carrier must ensure PODs accurately reflect the Goods and obtain a signature upon delivery from the receiver. Where the Carrier fails to comply with this requirement, the Carrier will be liable for any subsequent loss arising from the condition (or alleged condition) of the Goods on delivery, including losses arising from allegations of shortage or damage from the receiver. 4.5 The Carrier will maintain in place all necessary licences and insurance in order to comply with the terms of this Agreement and to lawfully perform the Services. In particular but without limitation: 4.5.1 the Carrier must maintain in place a vehicle operator’s licence and supply Logikor with a copy; 4.5.2 the Carrier will advise Logikor immediately in the event that its operator’s licence is revoked or its terms are changed in any material way; 4.5.3 all vehicles must have in-date MOT certificates; 4.5.4 all drivers must have valid LGV licences and must be entitled to work in the UK; 4.5.5 the Carrier must maintain in place: (a) fully comprehensive vehicle insurance; (b) trailer insurance; and (c) goods in transit insurance with a minimum limit of £3,000 per tonne and supply the Customer(s) with evidence of insurance upon request; 4.5.6 the Carrier must also maintain in place adequate employer’s liability and public liability insurance and supply the Customer(s) with evidence of insurance upon request; 4.5.7 any uninsured liability incurred by the Carrier shall remain the Carrier’s full responsibility. 4.6 The Carrier shall: 4.6.1 ensure that its employees, servants, agents, sub-contractors (if permitted) and other persons employed or authorised by the Carrier are competent to carry out the Services or part of the Services as the context may require; 4.6.2 without prejudice to the generality of the foregoing, ensure that every such employee, servant, agent or sub-contractor (if permitted) is fully aware that they shall not, and have no authority to, accept for transportation (a) any Goods other than those properly and lawfully consigned (b) any persons other than those required for the transportation of the consigned Goods; 4.6.3 perform all Services in accordance with the Transport Order and any other instructions issued by the Customer(s) or Logikor from time to time and ensure that all relevant personnel have full knowledge of such instructions and strictly comply with them; 4.6.4 collect and deliver the Goods to be carried at the time and place specified by the Customer(s) or, if no time has been so specified, within a reasonable time; 4.6.5 inform ▇▇▇▇▇▇▇ immediately by telephone or email of any unusual delay; 4.6.6 inform ▇▇▇▇▇▇▇ immediately in the event of loss, damage or misdelivery and supply, at its own expense, a full report if the Customer(s) so requires on the cause and circumstances together with any further information which the Customer(s) may require; 4.6.7 if any loss is, or is suspected to be, due to theft or pilferage, in addition to action under sub- clause 4.6.6, immediately inform the Police and take all reasonable steps to identify the guilty person and to trace and recover the Goods; 4.6.8 comply at all times with all applicable laws and regulations as may apply from time to time in any jurisdiction through which the Carrier’s vehicle(s) transit(s) during performance of the Services, including without limitation laws and regulations applying to: (a) the carriage of dangerous or restricted goods; (b) drivers’ hours; (c) to employees’ remuneration and benefits (including payment of the minimum wage in jurisdictions where this is required, and any applicable reporting requirements); and (d) motor vehicles, Transport Units and other vehicles and equipment used for carrying, loading and/or unloading Goods. 4.7 If a vehicle breaks down or for any other reason the Carrier fails to or is unable to collect the Goods or complete delivery in accordance with this Agreement, the Customer(s) or Logikor may, either itself or by another Carrier, without prejudice to any other rights it may have, recover the Goods and arrange carriage to their destination. In those circumstances, the Carrier shall indemnify Logikor and the Customer(s) for any costs and liabilities that arise as a result. 4.8 Subject to clause 4.12 below, the Carrier is liable for any loss or personal injury suffered by its employees, servants agents and sub-contractors in their performance of the Services. 4.9 Save where such loss or damage arises as a direct result of the Customer(s)’s or Logikor’s breach of this Agreement or negligence, the Carrier shall be liable for any loss or damage whatsoever incurred in relation to Goods or arising from their carriage at a time when the Goods are under the Carrier’s responsibility, including loss or damage arising as a result of injury or damage to third parties or third party property. 4.10 The Carrier hereby indemnifies and holds harmless the Customer(s) and Logikor from and against all claims, losses, liabilities, expenses and costs (including, without limitation, fines and legal costs) that arise, directly or indirectly, as a result of the Carrier’s performance of the Services, save where these arise though the Customer(s)’s or Logikor’s own breach of this Agreement or negligence. 4.11 The Customer(s) and Logikor shall be entitled to set-off any amount due to the Customer(s) or Logikor pursuant to the terms of this Agreement from any amount that would otherwise be due to the Carrier, including freight and carriage charges relating to any future consignment carried by the Carrier on the Customer(s)’s behalf. 4.12 Nothing in this Agreement shall exclude or limit the liability of either Party in respect of death or personal injury caused by the negligence of that Party.

CARRIER’S LIABILITY. 4.1 The Carrier is responsible for the Goods from the time they are placed on board the Carrier’s vehicle until the time they are removed. 4.2 Where loading and/or discharge are included in the Carrier’s instructions or where the Carrier undertakes loading and/or discharge itself, the Carrier is responsible for the Goods from the beginning of loading and/or until the completion of discharge. 4.3 Where the Carrier accepts Goods without reservation, this will amount to an acceptance of the Goods in apparent good order and condition. 4.4 The Carrier must ensure PODs accurately reflect the Goods and obtain a signature upon delivery from the receiver. Where the Carrier fails to comply with this requirement, the Carrier will be liable for any subsequent loss arising from the condition (or alleged condition) of the Goods on delivery, including losses arising from allegations of shortage or damage from the receiver. 4.5 The Carrier will maintain in place all necessary licences and insurance in order to comply with the terms of this Agreement and to lawfully perform the Services. In particular but without limitation: 4.5.1 the Carrier must maintain in place a vehicle operator’s licence and supply Logikor with a copy; 4.5.2 the Carrier will advise Logikor immediately in the event that its operator’s licence is revoked or its terms are changed in any material way; 4.5.3 all vehicles must have in-date MOT certificates; 4.5.4 all drivers must have valid LGV licences and must be entitled to work in the UK; 4.5.5 the Carrier must maintain in place: (a) fully comprehensive vehicle insurance; (b) trailer insurance; and (c) goods in transit insurance with a minimum limit of £3,000 per tonne and supply the Customer(s) with evidence of insurance upon request; 4.5.6 the Carrier must also maintain in place adequate employer’s liability and public liability insurance and supply the Customer(s) with evidence of insurance upon request; 4.5.7 any uninsured liability incurred by the Carrier shall remain the Carrier’s full responsibility. 4.6 The Carrier shall: 4.6.1 ensure that its employees, servants, agents, sub-contractors (if permitted) and other persons employed or authorised by the Carrier are competent to carry out the Services or part of the Services as the context may require; 4.6.2 without prejudice to the generality of the foregoing, ensure that every such employee, servant, agent or sub-contractor (if permitted) is fully aware that they shall not, and have no authority to, accept for transportation (a) any Goods other than those properly and lawfully consigned (b) any persons other than those required for the transportation of the consigned Goods; 4.6.3 perform all Services in accordance with the Transport Order and any other instructions issued by the Customer(s) or Logikor from time to time and ensure that all relevant personnel have full knowledge of such instructions and strictly comply with them; 4.6.4 collect and deliver the Goods to be carried at the time and place specified by the Customer(s) or, if no time has been so specified, within a reasonable time; 4.6.5 inform ▇▇▇▇▇▇▇ Logikor immediately by telephone or email of any unusual delay; 4.6.6 inform ▇▇▇▇▇▇▇ Logikor immediately in the event of loss, damage or misdelivery and supply, at its own expense, a full report if the Customer(s) so requires on the cause and circumstances together with any further information which the Customer(s) may require; 4.6.7 if any loss is, or is suspected to be, due to theft or pilferage, in addition to action under sub- clause 4.6.6, immediately inform the Police and take all reasonable steps to identify the guilty person and to trace and recover the Goods; 4.6.8 comply at all times with all applicable laws and regulations as may apply from time to time in any jurisdiction through which the Carrier’s vehicle(s) transit(s) during performance of the Services, including without limitation laws and regulations applying to: (a) the carriage of dangerous or restricted goods; (b) drivers’ hours; (c) to employees’ remuneration and benefits (including payment of the minimum wage in jurisdictions where this is required, and any applicable reporting requirements); and (d) motor vehicles, Transport Units and other vehicles and equipment used for carrying, loading and/or unloading Goods. 4.7 If a vehicle breaks down or for any other reason the Carrier fails to or is unable to collect the Goods or complete delivery in accordance with this Agreement, the Customer(s) or Logikor may, either itself or by another Carrier, without prejudice to any other rights it may have, recover the Goods and arrange carriage to their destination. In those circumstances, the Carrier shall indemnify Logikor and the Customer(s) for any costs and liabilities that arise as a result. 4.8 Subject to clause 4.12 below, the Carrier is liable for any loss or personal injury suffered by its employees, servants agents and sub-contractors in their performance of the Services. 4.9 Save where such loss or damage arises as a direct result of the Customer(s)’s or Logikor’s breach of this Agreement or negligence, the Carrier shall be liable for any loss or damage whatsoever incurred in relation to Goods or arising from their carriage at a time when the Goods are under the Carrier’s responsibility, including loss or damage arising as a result of injury or damage to third parties or third party property. 4.10 The Carrier hereby indemnifies and holds harmless the Customer(s) and Logikor from and against all claims, losses, liabilities, expenses and costs (including, without limitation, fines and legal costs) that arise, directly or indirectly, as a result of the Carrier’s performance of the Services, save where these arise though the Customer(s)’s or Logikor’s own breach of this Agreement or negligence. 4.11 The Customer(s) and Logikor shall be entitled to set-off any amount due to the Customer(s) or Logikor pursuant to the terms of this Agreement from any amount that would otherwise be due to the Carrier, including freight and carriage charges relating to any future consignment carried by the Carrier on the Customer(s)’s behalf. 4.12 Nothing in this Agreement shall exclude or limit the liability of either Party in respect of death or personal injury caused by the negligence of that Party.