Terms and conditions

1. Definitions

  • Carrier: Apollo Distribution Solutions (Sheffield), including any sub-contractor appointed under Clause 3.
  • Customer: The person or company contracting with the Carrier, including any other carrier providing a Consignment for carriage.
  • Contract: The agreement between the Customer and the Carrier, subject to these Terms and Conditions.
  • Consignee: The recipient of the Consignment as specified by the Customer.
  • Consignment: Goods in bulk or in any parcel, package, container, or envelope sent at one time by the Customer from one address to another.
  • Dangerous Goods: As defined in the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992, including explosives, radioactive substances, and other hazardous materials.

2. General

  • The Carrier operates at its sole discretion and accepts Consignments for carriage only under these Terms and Conditions. Any alterations must be agreed upon in writing by a Director of the Carrier.

3. Authority and sub-contracting

3.1. The Customer warrants ownership or authorization for accepting these Terms on behalf of the owner.

3.2. The Carrier may subcontract services and provide the names of such carriers upon request.

3.3. The Carrier contracts as an agent and trustee for its servants, agents, and subcontractors.

3.4. For rail, sea, inland waterway, or air carriage, the Carrier acts as an agent for the Customer, subject to the terms of the respective carriers.

4. Dangerous goods

  • Dangerous Goods must be disclosed and accepted by the Carrier in advance, classified, packed, and labeled per statutory regulations. Transport Emergency Cards or required written information must accompany the Consignment.

5. Delivery

5.1. Unless otherwise agreed in writing:

5.1.1. The Carrier is not obligated to provide loading/unloading equipment.

5.1.2. The Customer must provide any special equipment for loading/unloading.

5.1.3. The Carrier is not liable for damage due to inadequate loading/unloading equipment.

6. Consignment notes

  • The Carrier may sign a receipt for the Consignment, which does not confirm the condition or correctness of the Consignment's details.

7. Transit

7.1. Transit commences when the Carrier takes possession of the Consignment.

7.2. Storage ends and transit commences when the vehicle begins delivery.

7.3. Transit ends when the Consignment is tendered at the delivery address or if delivery cannot be completed as per specified conditions.

8. Undelivered or unclaimed goods

8.1. The Carrier may sell undelivered goods, deducting charges and expenses.

8.2. The Carrier will attempt to obtain a reasonable price and notify the Customer/Consignee before selling the goods.

9. Carrier's charges

9.1. Charges are based on the current tariff at the time of the Contract. Invoices are prepared on a weekly or monthly basis, and credit facilities may be withdrawn at any time.

9.2. Charges are payable by the Customer, even for "carriage forward" consignments if the Consignee fails to pay.

9.3. Charges are payable within the notified time limit or 30 days after the invoice date, with interest on overdue amounts.

9.4. Charges are based on gross weight unless otherwise stated.

9.5. Charges exclude VAT unless specified.

9.6. Payments must be made without deduction, set-off, or abatement.

10. Liability for loss and damage

10.1. The Customer accepts the terms of liability unless a higher level of liability is arranged.

10.2. The Carrier is not liable for specified valuable items unless insurance is arranged.

10.3. The Carrier is not liable for losses due to specified uncontrollable circumstances.

11. Fraud

  • The Carrier is not liable for losses due to Customer or owner fraud unless complicit.

12. Limitation of liability

12.1. Liability is limited to £25,000, unless higher liability is arranged.

12.2. Liability for part losses is proportional to the value of the affected part.

12.3. The Carrier is not liable for indirect losses, loss of profit, or market loss.

12.4. Proof of value and inspection of damaged Consignment are required.

12.5. Liability is limited to within Great Britain unless otherwise agreed.

13. Time limits for claims

13.1. Claims for loss or damage must be made within specified time limits from the end of transit.

14. Indemnity to the carrier

14.1. The Customer indemnifies the Carrier against specified consequences of errors, misstatements, improper packaging, and fraud.

15. Lien

  • The Carrier has a general lien for any monies due and may sell the Consignment if the lien is not satisfied.

16. Unreasonable detention

  • The Customer is liable for costs due to unreasonable detention of the Carrier's equipment.

17. Impossibility of performance

  • The Carrier is relieved from obligations if performance is prevented by uncontrollable circumstances.

18. Computation of time

  • In calculating time periods, Saturdays, Sundays, and Bank/Public Holidays are excluded if the period is 7 days or less.

19. Governing law and jurisdiction

  • These Terms and Conditions are governed by English law, with exclusive jurisdiction of English Courts. Arbitration may be agreed upon in case of disputes.

20. Data protection and privacy

20.1. The Carrier will collect, use, store, and protect Customer data in accordance with GDPR and other relevant regulations.

20.2. The Customer consents to the processing of personal data as necessary for the performance of the Contract.

20.3. Detailed information about data protection practices is available upon request.

21. Intellectual property

21.1. Any intellectual property rights related to the Carrier's services remain the property of the Carrier.

21.2. The Customer may not use the Carrier's intellectual property without prior written consent.

22. Force majeure

22.1. The Carrier is not liable for any failure to perform due to events beyond its reasonable control, including natural disasters, war, strikes, and governmental actions.

22.2. The Carrier will notify the Customer as soon as possible of any such event affecting performance.

23. Dispute resolution

23.1. In the event of a dispute, the parties may agree to seek mediation or arbitration.

23.2. The parties will attempt to resolve disputes amicably before resorting to litigation.

24. Amendments to terms

24.1. The Carrier reserves the right to amend these Terms and Conditions.

24.2. Customers will be notified of any amendments in writing, and continued use of services constitutes acceptance of the new terms.