Problems of the
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HAULIER and
CARRIER
Points to be Embodied in a Form of Contract for Use by a Haulier Purposing to Take on the Responsibilities of a Common Carrier
T AM going, for once, to make a break in the series .1 of records of conversations with haulier friends in order to comply with the most recent of several requests which I have had to outlinea form of contract under which a haulier may operate as carrier. I am not as a rule too ready to advise in matters of this kind. I prefer to leave the drafting of legal documents to those who are expert at that business and I nearly always recommend an inquirer to consult a solicitor, contenting myself and, I hope, the inquirer as well, by giving him the heads of agreement. There is, however, as my letter bag shows, an insistent ,demand amongst readers for information about a contract of this type and I am, therefore, going to set out, a little more fully than is possible in a letter, the principal items of such a contract.
Outlining an Agreement.
The subsequent paragraphs are extracts from a contract of this nature which, I understand, is operating satisfactorily, and the data which it embodies may be used as a basis for other contracts of a similar nature. I must again emphasize that it is not put forward as being complete in itself or ready for instant use. The haulier who is utilizing it started by establishing a business as an express carrier between London and X—. (I think I had better keep to myself the information as to the actual locality.) He started with a 30-cwt. covered lorry and ran the distance of 70 miles each way only once per week. As time went by and business increased he improved the service, first of all by adding to the number of journeys until he was doing one per day and, subsequently, displaced the 30-cwt. vehicle by a machine of greater capacity. That, however, is more or less by the way and not relevant to the contract itself which follows, clause by clause, more or less as it was drafted.
As a preliminary it is stated that the term "The Carriers" employed in the body of the contract shall mean I. M. Bones and Co., of 2,029, Queen Street, Knowington, London, W.C.
Clause 1 states that the Carriers give notice that the rates for carriage cover liability for loss or damage up to only £10 on any one package, provided that they be legally liable. In the case of a claim for breakages arising, the liability for which is admitted by the Carriers, they reserve to themselves the right to repair or make good the damage, provided that the cost of the same be not in excess of the limit of £10 aforesaid, and will not be held liable for any delay, loss of markets or other consequential damage which may arise.
Insuring the Load.
Clause 2 states that all goods of value greater than 110 as above must be insured by the senders against loss or damage. Such insurance, it adds, may, if desired, be effected through the Carriers (who presumably act in the capacity of agents for some insurance company).
In Clause 3 it is laid down that all claims for loss or damage to goods must be made in writing within three days of the date on which such loss or damage occurred. The fourth clause adds that in the case of nondelivery of any package, provided that no claim be made in writing within 14 days of despatch. delivery will be considered to have been completed and no liability will be admitted. Clause 5 asserts that the Carriers will not be liable for any loss of market and any indirect or consequential damage in respect of goods lost, injured or delayed. They will not, moreover, be liable for any loss, damage, or delay in the delivery of goods resulting from their not being properly packed or being insufficiently or incorrectly addressed. If the goods be returned or delivery refused the expense of a second delivery will be incurred by the senders, who will be charged accordingly.
In Clause 6 the Carriers give notice that they will not hold themselves liable for consequences arising out of a strike, lock-out or other effect of a combination of workmen or masters, or any Act of Parliament, or any riot or force majeure which may interfere with, or interrupt, their businesses, or with that of any dock, wharf, railway or other company working with them.
Protecting. the Contractor.
The same clause goes on to state that all contracts are made, and goods accepted for carriage and quotations given, subject to the continuance of normal conditions. Should any novel situation arise or anything occur over which the0Carriers haveno control they reserve the right to revise the terms of any contract or any service and even to terminate the same at any time, with or without notice.
• Readers who have had experience of legal contracts will recognize Clause 6 as being one of those omnibus precautionary clauses which are devised, so far as possible, to protect the contractor, hut which fortunately are rarely enforced.
A separate part of the contract provides for the goods carried to be graded, the rates to be in force
being varied in accordance with the grade. Empty crates and boxes are accepted at half rates on return, provided that such carriage does not interfere with other traffic The mileage to bo calculated in accordance with the distance from Hyde Park Corner, London, and, in the particular contract in question, the full distance of 72 miles was to be that from Hyde Park to Mab's Cross, X.
Free collection and delivery to be made to within a radius of three miles of Hyde Park Corner, London, and two miles of Mab's Cross, X. Any distance in excess of that to he charged for pro rata. The minimum charge to be 2s. 6d. per package and that to apply for any distance en route.
Enumerating the Grades of Goods.
The three grades for goods are as follow :—Grade A includes china, glass, boots and shoes, clothes, cigarettes, electrical fittings, fabrics (including silk and woollen goods), lace, linen, chocolates, photographic and wireless apparatus (except accumulators and batteries), plaster figures, poultry and game.
Grade B includes felts, accumulators, batteries, cooking and household utensils of iron, aluminium and enamelware, chemicals (not dangerous) in boxes and hampers, tea and sugar, cricket and tennis equipment, boxes of soap, pickles, jams and sauces, trunks, etc.
The third grade, known as special, includes antiqte and modern furniture, pictures, antique china and glass in boxes, rugs and carpets, mirrors, etc. S.T.R.