For the purposes of the Agreement Lindum Group Limited shall be referred to as “the Carrier” and the company, business or person who contracts for the services of the Carrier including any other carrier who gives a Consignment to the Carrier for carriage shall be referred to as “the Customer”.
Every contract for the carriage of goods is subject to Lindum Group Limited Terms and Conditions for Carriage of Goods and to the Road Haulage Association Limited Conditions of Carriage 2009 (referred to as “the RHA Conditions”) which are set out below. In the event of any conflict between Lindum Group Limited Terms and Conditions for Carriage of Goods and the RHA Conditions, the RHA Conditions will prevail.
All Customers standard terms or any other terms or conditions appended to or forming part of any order or request for the carriage of goods shall be deemed to be Null and Void and no terms or conditions other than those expressed herein shall be incorporated into this Agreement or any Agreement for the carriage of goods made between the parties unless expressly agreed by the parties in writing.
All Invoices shall be due for payment by the Customer strictly within 30 days from the end of Month following date of the Invoice. Where the Carrier has not agreed to extend credit facilities to the Customer, the Invoice or charge shall be due for payment at least 1 day prior to the day of commencement of the services, and in any event before the services commence. In the event that any Invoice becomes overdue for payment (“the event”), the Carrier shall have the right to commence recovery action in respect of all other unpaid Invoices that have been rendered to the Customer whether or not such Invoices have then become due for payment, and whether they be invoices for the carriage of goods or invoices for hire of plant and/or equipment. All such Invoices shall be deemed to have become immediately due for payment upon the date of the event.
If any sums are not paid in accordance with Clause 2 above, then the Customer shall pay to the Carrier interest on such sums for so long as they remain or have remained unpaid. Such interest shall be calculated in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. This provision shall not affect the Carriers other rights in the event of late or non payment by the Customer.
If any payment due from the Customer remains unpaid after the due date for payment, or if the Customer has exceeded any credit limit set by the Carrier, the Carrier may refuse any further order or request from the Customer, whether for carriage or for hire of plant/equipment.
Quotations provided by the Carrier shall remain open for acceptance for a period of 28 days from the date of the said quotation. Prices quoted remain fixed for a period of 3 months unless otherwise specified in the quotation.
In the event that the Customer wishes to cancel the services prior to the commencement of the services, the Customer shall give the Carrier written notice of such cancellation not less than one clear working day prior to the day fixed for the commencement of the services. In the event that the Customer fails to give such notice, the Customer shall be liable for and shall pay to the Carrier upon demand any loss, cost or expense incurred by the Carrier by reason of the Customers failure to give such notice. PROVIDED ALWAYS that this provision shall not affect the Carriers other rights in the event of non performance by the Customer.