Cancellation Fee - means a fee charged by the Supplier for the cancellation of the Service
by the Customer prior to the booked collection time and after the Vehicle has departed to
fulfil the booking
Cancellation on Arrival fee - means a fee charged where a Passenger is not ready for
collection (for whatever reason) by the end of the waiting time allowed by the Supplier under
Clauses 2.7 and 3.6 below, or where an item in a Consignment exceeds the maximum
permitted weight under Clause 3.8
Supplier - means Trident Niven and all subsidiary companies and any sub-contractor of
Consignment - means goods of any nature (other than Excluded Goods as defined below)
which the Customer requests the Supplier to carry from one address to another
Conditions - means the conditions of carriage set out in this document including any
alteration, variation or amendment subsequently advised to the Customer by the Supplier
Customer - means the person or company who contracts with the Supplier for the services
of the Supplier
Contract - means the contract of carriage between the Customer and Supplier on these
Dangerous Goods - means those substances and articles the carriage of which is prohibited
by the provisions of the European Agreement Concerning the International Carriage of
Dangerous Goods by Road (ADR) as applied in the United Kingdom, or authorised only
under the conditions prescribed by ADR
Electronic Equipment - means equipment of an electronic nature such as (but not limited to)
mobile phones, televisions, computers, portable digital appliances, CD/DVD/mp3
players/recorders, cameras and scientific measuring equipment
Excluded Goods - means money and securities (including cheques, bankers drafts, bonds,
share certificates, bills of exchange, promissory notes), stamps, photographs, deeds,
documents of title to property, jewellery (in any form), precious stones, gold, silver and other
precious metals, non-ferrous metals (other than in component form), antiques and works of
art (including original paintings, drawings, sketches, limited edition prints, sculptures and the
like), watches, furs, drugs, human remains, nuclear fuel or nuclear waste, spirits, tobacco
and cigarettes brittle/fragile/ breakable articles including but not limited to glassware and
mirrors, animals, livestock and Dangerous Goods
Luggage & Personal Items - means suitcases, trunks, bags or other similar items used by a
Passenger to hold their personal possessions during the Service and including all other
items (such as handbags, mobile phones, personal electronic devices, sunglasses, cameras
and keys) brought by a Passenger into the Vehicle but not otherwise contained within a
suitcase, trunk or bag
Passenger - means a person (including the Customer where applicable) who the Supplier
agrees to transport from one place to another
Seizure or Forfeiture - means any detention of the Consignment, or part thereof, by the
Police, HM Revenue & Customs, Border Agency or other statutory or regulatory body
whether in the UK or overseas
Service -means the carriage of goods or passengers requested by the Customer
Price List - means the list maintained by the Supplier of its charges for the Service and any
ancillary charges quoted to the Customer or as published on the Supplier's website prior to
or at the time of the booking
Temperature Sensitive Goods - means goods which are subject to decay, deterioration or
damage if not held under refrigerated conditions
Vehicle - means the vehicle employed by the Supplier to perform the Service
2. Carriage of passengers & luggage
2.1 Customer contracts as agent on behalf of any and all Passengers
The Customer contracts for itself and as agent on behalf of any and all Passengers.
2.2 Right of Driver to refuse carriage
The driver is responsible for the safety of the Vehicle and its occupants. Any Passenger
whose conduct the driver reasonably believes to be threatening, drunken and disorderly,
abusive, dangerous or in breach of any statutory regulation may be removed from a Vehicle
or prevented from boarding. The Customer will be responsible for the conduct of any
Passenger and shall indemnify the Supplier for any damage or injury caused to the Vehicle
driver or any third party's property by the Customer or any Passenger.
2.3 Passengers taken ill
The Customer will be responsible for the conduct of the Passenger(s) and shall pay for any
loss and/or damage caused by the Passenger(s) to the Vehicle or any other property,
including but not limited to cleaning costs following any spillage or soiling of the Vehicle and
any loss of earnings suffered by the Supplier or any sub-contractor or employee of the
Supplier due to the Vehicle being out of use during such cleaning.
2.4 Loss of Passengers' Luggage
The Passenger(s) shall remain responsible at all times for their Luggage & Personal Items
and shall ensure that all their Luggage & Personal Items are loaded into the Vehicle prior to
commencement of the Service, and unloaded from the Vehicle upon completion of the
Service. The Supplier accepts no responsibility for any loss of / damage to Luggage &
Personal Items or consequential losses arising as a result of Luggage & Personal Items
which are not loaded onto or unloaded from the Vehicle.
2.5 Left Luggage
The only obligation of the Supplier in relation to any Luggage & Personal Items or other
items left behind by Passenger(s) in the Vehicle upon completion of the Service shall be to
inform the Customer that such Luggage & Personal Items or other items have been found,
and when and where they can be collected from the Supplier.
2.6 Cancellation on Arrival
If the Service is cancelled upon arrival of the Vehicle to collect the Passenger(s) a
Cancellation Fee will be payable by the Customer to the Supplier.
2.7 Waiting time - General
The Passenger(s) and any Luggage or Personal Items shall be ready for collection at the
time stipulated by the Customer when the booking is made. However, the Supplier will allow
14 minutes for waiting or loading, when picking up Passenger(s). In the event that all
booked Passengers have not boarded the vehicle within 14 minutes the Supplier reserves
the right to charge the Customer for the total loading/waiting time (for the avoidance of
doubt, including the first 14 minutes) in accordance with the Price List. In any event the
Supplier reserves the right to terminate the Contract at any time after the first 14 minutes
and, in addition to any charge for loading/waiting time, may charge a termination fee in
accordance with the Price List for such termination.
2.8 Waiting time - Collections from Airports, Seaports and International Train Terminals
In relation to collections of Passenger(s) from Airports, Seaports or International Train
terminals the Supplier will allow 14 minutes (starting from the last estimated arrival or
disembarkation time known to the Supplier for the relevant aircraft train or ship) for waiting
and loading. Thereafter the Supplier reserves the right to charge the Customer for the total
loading/waiting time (for the avoidance of doubt, including the first 14 minutes) in
accordance with the Price List. In any event the Supplier reserves the right to terminate the
Contract at any time after the first 14 minutes and, in addition to any charge for
loading/waiting time, may charge a termination fee in accordance with the Price List for such
The Supplier will not carry any unaccompanied children less than 14 years of age.
The Supplier will not carry any animal save for Guide Dogs accompanying registered blind
2.11 Seat belts/legal requirements/driver's hours
The Customer and its Passenger(s) shall not require the driver of the Vehicle to break any
provisions of the Road Traffic Acts, or the rules contained in the Transport Act 1968, as
amended; the AETR Agreement; or the EU Regulations (EC Reg. 561/2006, as amended)
relating to driver's maximum daily hours and rest periods.
The Passenger(s) shall comply with all applicable legislation and regulations including the
requirement to wear seat-belts.
2.12 Missing flights/Delay
It is the responsibility of the Customer to ensure that sufficient time is allowed for completion
of the Service. The Supplier gives any advice on journey times in good faith but does not
guarantee the completion of any journey in any specific time and will not be liable for any
direct or consequential loss, delay or inconvenience caused to the Passenger(s) by the
actual journey time (including but not limited to flight and hotel costs).
2.13 Route taken
Unless otherwise instructed by the Passenger before the commencement of the Service,
routes travelled will (in accordance with road, traffic and weather conditions) be at the
3. Carriage of goods
3.1 Customer status
The Customer warrants that he is either the owner of the Consignment or is authorised by
such owner(s) to accept these Conditions on such owners' behalf.
3.2 Requirement that customers ensure all goods properly packed for shipment (incl.
acknowledgement that goods will be multi-handled)
The Supplier does not offer or provide a packing or packaging service. The Supplier shall be
under no obligation to accept, carry or deliver a Consignment if, in the opinion of the
Supplier, it is insufficiently packaged for the intended Service. The Customer acknowledges
that the Consignment may in the course of carriage have to be handled on numerous
occasions and warrants that the packaging of the Consignment is sufficient to withstand the
ordinary rigours of transit. The Customer shall pay special attention to the packaging of
furniture, Electronic Equipment and any other equipment sensitive to physical damage.
3.3 Customer to ensure correct size Vehicle is booked, taking into account weight and
volume of Consignment
The Customer must, at the time of booking, specify the type and size of Vehicle which he
requires to perform the Service. The Supplier shall not be liable for any losses to the
Customer whether direct or consequential which may arise because the Vehicle is not
capable of performing the Service due to the size, weight or volume of the Consignment
exceeding the permitted load capacity of the Vehicle.
The Customer must, with reasonable accuracy, declare to the Supplier at the time of
booking the weight, size and/or volume of the Consignment and must specify whether an
additional operative and/or any equipment is required to lift or move the Consignment or any
item within the Consignment.
If no such declaration is made the Customer warrants that the Consignment, or any one
item within the Consignment, does not exceed 32 kg and is capable of being moved by one
3.4 Items have to be ready for driver
The Customer shall ensure that the Consignment is ready and available at the collection
time agreed between the Customer and the Supplier at the time of booking.
3.5 Waiting time
The Supplier will allow 14 minutes for loading, unloading or waiting when picking up or
delivering any Consignment. Thereafter the Supplier reserves the right to charge the
Customer for the total loading/waiting time (for the avoidance of doubt, including the first 14
minutes) in accordance with the Price List.
3.6 Cancellation on arrival
In the event that the Consignment is not loaded to the Vehicle within 14 minutes of the
agreed collection time the Supplier may refuse to accept the Consignment and reserves the
right to charge a Cancellation on Arrival fee or may charge an additional fee in accordance
with its Price List for the total period of waiting (for the avoidance of doubt including the first
3.7 Driver not authorised to accept otherwise excluded items
The Supplier's driver or other operative is not authorised by the Supplier to vary, waive or
otherwise amend the terms of the Contract and is not authorised to accept for carriage any
Excluded Goods or any item other than in accordance with these Conditions.
3.8 Loading of Consignments
The Supplier's driver will perform a Health & Safety risk assessment prior to loading any
Consignment into the Vehicle. Unless the Vehicle is fitted with lifting equipment the
maximum weight of any one item within a Consignment is 32kg where one driver is
employed for the Service. The Supplier's driver may refuse to carry the Consignment if as a
result of his risk assessment he considers it unsafe to load and the Supplier reserves the
right to cancel the booking, charge a Cancellation on Arrival fee and re-book the Service
with the equipment required to move the Consignment safely. The Supplier shall not be
liable for any losses to the Customer whether direct or consequential which may arise as a
result of such cancellation.
Where a Consignment or any part of it exceeds 32 kg and the Supplier is notified by the
Customer at the time of booking an additional operative and/or any lifting equipment will be
provided (at a rate to be agreed between the Customer and Supplier. In the absence of
agreement the Supplier shall be under no obligation to supply such operative or equipment).
3.9 Provision for treatment of an undeliverable Consignment
3.9.1 Where the Supplier is unable to effect delivery of all or part of a Consignment as
requested by the Customer the Supplier shall (at the expense of the Customer) return the
Consignment, or any undelivered part of a Consignment, to the Supplier's nearest depot.
3.9.2 The Supplier will take all reasonable steps to notify the Customer of an undelivered
Consignment (or part thereof) and obtain the Customer's further instructions. An instruction
from the Customer to re-deliver the Consignment will incur a further charge in accordance
with the Price List.
3.9.3 Where the Customer fails to provide further instructions within seven (7) days of a
written request from the Supplier, the Supplier may give the Customer 21 days written
notice that, in the absence of reasonable instructions or collection, it will dispose of the
Consignment either by destruction or by sale, as appropriate having regard to the nature of
the Consignment. All proceeds of any sale pursuant to this provision shall first be applied to
discharge any sums then due from the Customer to the Supplier, and any balance shall be
paid over to the Customer.
The Supplier will use its best endeavours to complete the Service in the shortest time
possible but does not guarantee delivery of any Consignment by any specific time and will
not be liable for any direct or consequential loss caused to the Customer or any other party
as a result of alleged delay in completion of the Service.
3.11 Lien & Power of Sale
The Supplier shall have:
3.11.1 a particular lien on the Consignment, and
3.11.2 a general lien against the Customer for any unpaid sums due to the Supplier.
If such lien, whether particular or general, is not satisfied within a reasonable time, the
Supplier may upon 21 days written notice to the Customer sell the Consignment, or part
thereof, as agent for the Customer and apply the proceeds towards any sums then due from
the Customer to the Supplier (including but not limited to the expenses of the retention,
insurance and sale of the Consignment) and shall, upon accounting to the Customer for any
balance remaining, be discharged from all liability whatsoever in respect of the
3.12 Liability of the Supplier for loss, damage or misdelivery
3.12.1 The Supplier shall not in any circumstances be liable for any loss, damage or
misdelivery of Excluded Goods. Excluded Goods may be accepted for carriage but only at
the Customer's own risk. The Customer is strongly advised to arrange full insurance in
respect of any loss or damage or misdelivery of Excluded Goods.
3.12.2 The Supplier shall not be liable for any mechanical, electrical or electronic
breakdown or derangement to any machinery within a Consignment or to Electronic
3.12.3 The Supplier shall not be liable for any loss or misdelivery or damage to any
Consignment due to any cause which the Supplier was unable to avoid or prevent by the
exercise of reasonable diligence.
3.12.4 The Supplier shall not be liable for any loss or misdelivery or damage to any
Consignment resulting from Seizure or Forfeiture of the Consignment.
3.12.5 The Supplier shall not be liable for any loss or misdelivery or damage to any
Consignment due to any act, omission or misrepresentation by the Customer and/or the
owner of the Consignment and/or the consignee.
3.12.6 The Supplier shall not be liable for any loss or misdelivery or damage to any
Consignment due to insufficient or improper packing, labelling or addressing.
3.12.7 The Supplier shall not be liable for any loss or damage to any Consignment due to its
inherent liability to natural deterioration or wastage and/or inherent defect. The Supplier
does not provide refrigeration facilities and shall be under no liability whatsoever for any
loss or damage to Temperature Sensitive Goods.
3.12.8 The Supplier shall not be liable for any consequential losses arising from loss,
misdelivery or damage to any Consignment.
3.12.9 Transit shall (unless otherwise agreed) end when the Consignment is tendered at the
Consignee's address and the Supplier shall not in any circumstances be liable for loss or
damage to the Consignment reported after transit is deemed to have ended, whether or not
caused or contributed to by the Supplier.
3.12.10 Subject to the above sub-clauses 1 to 9 inclusive, the Supplier's liability for loss of
or damage to any Consignment of which the weight has been measured and recorded by
the Supplier shall not exceed a sum calculated at a rate of 13 British pounds per
kilogramme on the gross weight of the Consignment up to a maximum of 100 British pounds
and the Supplier's liability in respect of any one Consignment for loss of or damage to such
Consignment of which the weight has not been measured and recorded by the Supplier
shall where it is carried by bicycle or motorbike not exceed 100 British pounds and in all
other cases not exceed 1,000 British pounds.
4. General conditions
The Supplier is not a common Supplier and only accepts Passengers/ Consignments for
carriage upon these Conditions.
4.2 Commencement and end of Service - Supplier's Period of Responsibility
The Service shall commence upon the arrival of the Vehicle for collection of the
Consignment or Passenger(s) at the place of collection designated by the Customer.
The Service shall terminate upon delivery of the Consignment or Passengers at the agreed
place of delivery.
4.3 Right to sub-contract the Service
4.3.1 The Supplier may engage any agent or sub-contractor to perform the Service and
shall provide the name of such agent or sub-contractor to the Customer upon request.
Subject to paragraph 4.3.2, the Supplier contracts for itself and on behalf of its agents and
4.3.2 The carriage of any Consignment by rail, sea, inland waterway or air is arranged by
the Supplier as agent of the Customer and shall be subject to the terms and conditions of
the relevant sub-contracted Supplier.
4.4 Supplier's charges
4.4.1 The Supplier's charges shall be based upon the Price List, with VAT to be added if
required by law.
4.4.2 Any charges based upon weight shall be calculated by reference to the gross weight
of the Consignment, as measured and recorded by the Supplier, save that the Supplier
reserves the right to charge based on the volume of the Consignment where appropriate.
4.4.3 The Supplier's charges are to be paid in full within 28 days from the date of the
Supplier's invoice, without any deduction or set off against any alleged claim against the
4.4.4 Any query by a Customer in respect of the Supplier's charges must be made in writing
within 7 days of the date of the Supplier's invoice.
4.4.5 If the Supplier's charges are not paid in full within 28 days from the invoice date, the
Supplier shall thereafter be entitled to charge interest on all outstanding amounts at an
annual rate of 2% above the Bank of England base rate current at the date of the unpaid
invoice. Where the Customer is a commercial entity, interest and penalties shall be charged
pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
4.4.6 The Supplier operates an electronic invoicing system. All invoices, credit notes and
statements will be sent to the Customer electronically. If the Customer requires paper
invoices or credit notes (or cannot provide the Supplier with an email address) the Supplier
reserves the right to make an administrative charge.
4.5 Proof of value
The Customer shall provide documentary evidence of the value of any Consignment or part
of a Consignment alleged lost or damaged including, but not limited to, the original invoice,
or valuation current at the time of the claim.
4.6 Consignment Notes
The Supplier does not issue paper consignment notes or any other document of carriage.
Proof of delivery, and proof of collection if requested in advance by the Customer, can be
sent by e-mail to the Customer.
4.7 No variation of terms
These Conditions shall apply to the exclusion of any other terms and conditions (including
those of the Customer). Unless agreed in writing by a Director of the Supplier, no employee,
agent or sub-contractor of the Supplier is authorised to alter or vary these Conditions.
In the event of cancellation of the Contract by the Customer after despatch of the Supplier's
Vehicle, the Customer shall be liable to pay a Cancellation Fee to the Supplier.
4.9 General indemnity against any charges incurred by Supplier
The Customer shall indemnify the Supplier in respect of:
4.9.1 All consequences suffered by the Supplier (including but not limited to claims, costs,
expenses, demands, proceedings, fines, penalties, damages, and loss of or damage to the
carrying Vehicle and to other goods carried) arising as a result whether direct or indirect of
any error, omission, misstatement or misrepresentation by the Customer or other owner of
the Consignment or an employee or agent of either of them; or as a consequence of
insufficient or improper packaging, labelling or addressing of the Consignment or by reason
4.9.2 All claims and demands whatsoever in excess of the liability of the Supplier under
these Terms and Conditions.
4.9.3 All losses suffered by and claims made against the Supplier resulting from loss of or
damage to property caused by or arising out of the carriage by the Supplier of Dangerous
4.9.4 All claims made upon the Supplier by H M Revenue & Customs in respect of dutiable
4.10 Equal Opportunity Employer
The Supplier is an Equal Opportunity Employer and has implemented a policy to promote
equality in relation to disability, gender, race, age, religion or belief and sexual orientation.
The Supplier will refuse to accept any booking which would contravene that policy - a copy
of the Policy will be provided upon request.
If any provision of the Conditions is held by any court or competent authority to be invalid or
unenforceable, in whole or in part, the validity of the remainder of these Conditions and of
such provision shall continue in full force and effect.
No claim shall be brought against any officer, employee or sub-contractor of Trident Niven.
4.13 Time Limits for Claims
The Supplier shall not be liable for any loss of or damage to any Consignment unless a
written claim is submitted by the Customer to the Supplier within 14 days of the date of
delivery of the Consignment or the date when it should have been delivered.
The Supplier shall in any event be discharged from any liability whatsoever and howsoever
arising in respect of any Service unless proceedings are commenced in accordance with
clause 4.14 and written notice of those proceedings given to the Supplier within 9 months of
the date of delivery of the Consignment or the date when it should have been delivered in
the case of the carriage of goods, or the date of termination of transit in the case of the
carriage of Passengers.
4.14 Law and jurisdiction
These Conditions and the Contract to which they apply shall be subject to English law, and
any dispute between the Customer and the Supplier shall be subject to the exclusive
jurisdiction of the English Courts.