letters
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Carriage terms and conditions
Tread with interest the articles on conditions of carriage and hauliers' lien (CM Return Loads supplement September).
However, I think one point that cannot be over-stressed is the need to incorporate the RHA terms and conditions of carriage within the particular contract.
While I accept the conditions may well be incorporated, which may be helped by reference in all the appropriate contract documentation to the relevant conditions, surely it is far better for the haulier to have absolutely no argument about it by ensuring that the customer has received the conditions on which you are relying. Sending a letter in my view is not enough. Letters get "lost" and if you cannot prove the customer ever received the letter, then if there is a dispute the court is unlikely to give you the benefit of the doubt.
I advise my clients either to send the terms and conditions out by recorded delivery and/or to fax the RHA terms and conditions to the client, preferably every year, so that there is a positive documentary record of receipt which the customer cannot deny.
Perhaps thcf.;c points need to be stipulated to your readers.
RB Hammond, Rotheras Solicitors, Nottingham.