The Minister's Conditions of Carriage
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These Apply to All 'Traffic Carried by the M.0 .W .T . Road Haulage Organization, Whether for Long or Short Distances THERE has been a good deal of argument as to the Conditions of Carriage which should be applied in connection with goods haulage. Several different sets have been. under consideration. However, so far as the M.O.W.T. Road Haulage Organization is concerned, officials who have had this matter in hand, after perusing other. schemes, pcoduced a set which, with small modifications, has now been adopted as standard, and has applied since June 1. The following is a résumé:— (1) The Minister is not a common carrier and will accept goods for transport only on the Conditions set out or which may be varied in writing by him after consultation with the industry.
(2) (a) The customer shall be liable for the Minister's charges without prejudice to the latter's rights against the consignee or other person. (b) The customer warrants that he is the owner of the goods or authorized agent of the owner, or otherwise will indemnify the Minister in respect of any claims by the owner for goods which would not be recoverable if the owner was a party to the contract.
(3) The Minister may use any vehicles, trailers, appliances, etc., and employ sub-contractors or agents who shall incur no greater liability to the customer than that of the Minister hereinunder. Where, by customer's request, goods are carried at any point by rail or canal, they will be subject to the appropriate regulations and conditions.
(4) • The right to refuse any goods for transport is reserved. Explosives and other dangerous goods must be fully declared and safely packed. Unless otheiwise agreed, the customer must indemnify the Minister against claims, limited to £25,000 for any one accident,, but if packed and declared as required, the indemnity will not apply to claims occasioned solely by negligence or wilful misconduct of the carrier, his servants or agents.
(5) All goods must be packed and addressed in accordance with trade custom. The customer must declare the nature, number of packages and gross weight of each consignment.
(6) The Minister may at any time require proof of the . nature, quantity, weight, etc., of the goods when received for transport.
(7) Written notice of loss or damage must be given to the carrier within four days of delivery, or within 14 day of when the goods should have been delivered; failing this, the Minister will not be liable.
(8) Liability shall in no case exceed £200 per gross ton, except where the weight does not exceed 1 cwt. gross, when the liability will not exceed £10 per consignment.
Where Liability is Not Accepted
(9) (i) The Minister will not be responsible for:—(a) Loss or damage to, bullion, cash, notes, bonds and securities, jewellery and similar property; (b) damage or waste resulting from inherent vice, deterioration, wear or tear; (c) indirect loss; (d) loss of a particular market; (e) damage or loss by theft occurring with the connivance of consignor, consignee, the servant or agent of either; .(f) loss or damage to articles put into returned cases, etc., and described as empties; (g) death or injury to livestock unless caused directly by fire or accident to the vehicle by impact or overturning, by negligence in loading, or by wilful misconduct of the carrier, his servants or agents; (h) loss from defective meat except when caused by fire or accident to the vehicle by inpact or overturning;' (i) loss or damage or delay directJy or indirectly occasioned by hostilities, civil war, insurrection, martial law, riots, labour disturbances, natural events, etc. In the event of any claim, the customer shall, if required, and as a condition precedent to any liability of the Minister or carrier, prove that the loss or damage was not occasioned by Any of these excepted circumstances; (j) breakage . of glass, brittle articles, etc., unless caused by accident to vehicle or wilful misconduct as above.
(ii) The Minister will be responsible for damage through wet resulting solely from negligence of the carrier, his ser
vants, etc., in sheeting or omitting to sheet the goods, but will not otherwise be responsible, except in the case of wilful misconduct as above with respect to (a) damage to gummed stationery, raw cotton, fibres, etc., and mineral oils (other than lubricants), (b) damage or waste through leakage, fermentation, spontaneous combustion, moth, vermin, rust and climatic conditions.
" (iii) Where the Miniiter. is not relieved from 'responsi bility (i) or (ii) or by any other provisions of these Conditions, he will be restionsible for damage or loss occasioned by the negligence or wilful misconduct of the carrier, etc., as above, but not otherwise:
(10) The Minister will have a general and particular lien for all monies due to him on goods and documents entrusted to him. The general lien conferred by this Condition shall not prejudice an unpaid vendor's right of ,stoppage in transit.
(11) Perishable goods (a) refused by consignee, (b) not removed within reasonable time alter arrival, (c) insufficiently addressed, (d) undelivered for any cause beyond control, may be sold without notice, and tender of the net proceeds, after deduction of freight charges and expenses, shall be equivalent to delivery. The Minister can also sell such goods, without notice, to secure the freight if this be not paid on demand when the goods arrive or are offered
for delivery. • • Delivery on to the Tailboard (12) The customer will deliver the goods on to, and the consignee. will take delivery from, the side or tailboard. The Minister will not be responsible for damage arising from the stowage or unstowage of the goods on the vehicle, or for unsafe loading where this is performed by the customer or consignee by reason of the special nature or his special knowledge of the goods. This does not prevent the carrier from giving assistance where this is custotnary, but this will be at the risk nf the customer or consignee.
• (13) Unless stated otherwise, all quotations on a tonnage rate shall apply to the gross weight, unless the goods exceed SO cubic ft. per ton, in which case the tonnage rate shall apply to each 80 cubic ft. (14) Quotations are furnished on the assumption that there is proper access to the points at which collection or delivery is to be made. Failing tiffs, the customer will pay
any reasonable expense incurred. Unless clear warning signs are present, the customer shall accept responsibility for damage within his premises to (i) vehicles or loads, due to unsuitability of means for access; (ii) roadways, manholes, pipes, approaches, etc., due to weight or nature of vehicle or load. Where the, customer it aware, or ought to be, of any limitations on size of motor vehicles or loads on premises at which collection or delivery is to be made, he must inform the Minister, failing which, he shall indemnify the Minister in respect of (i) and (ii).
(15) The rates allow reasonable time for loading and unloading, and do not provide for delay in excess of 15 mins. per ton. or 10 mins. per ton where tank wagons are utilized.
(16) Where the consignee does not take delivery, the Minister will, where practicable, communicate with the consignor and may, at the expense of the customer, return the goods, or deposit them in a warehouse, which act shall be treated as delivery. '
(17) A variation of more than 10 per cent, over or under the estimated weight will lgive the Minister the right to amend the rate quoted, or cancel the quotation.
(18) All quotatinns are subject to amendment, and the rates subject to acceptance by the Minister when the traffic is actually offered and provided the work can be carried on without interruption, acceptance being also s,ubject to vehicles being available. . (19) Any claim must be made in the prescribed form through the carrier, save where Service vehicles are used, when it must be made direct to the Minister.' (20) Where the contract is for delivery to be made to another carrier, the following conditions apply: (a) it will be considered to have been completed when goods are tendered at the station, wharf, depot ot other premises where delivery is to 'be taken by the other carrier; (b) any monies paid to the Minister for conveyance beyond this point will be received by him for the customer's convenience and held in trust for the carrier to whom the goods are to be delivered.
(21) These additional Conditions shall apply where bulk liquids are accepted for carriage:—(i) Should any part of the load be solid on arrival at the consignee's premises or terminal of the journey uhdertaken by the Minister, the customer must arrange for a supply of heat to liquefy the load, any cost being for the account Of the customer; (ii) charges must be calculated on the Weight as received for transport, and no claim for loss will be allowed unless supported by weight tickets from an authorized public weighbridge; (iii) unless otherwise provided for, the charges cover one man and the customary length of hose not exceeding 40 ft.; (iv) no responsibility is accepted for loss or damage arising from the condition of the tank or equipment, but the customer will. be afforded facilities for the inspection prior to loading if required.
A further set of Conditions has been arranged for use by the carrier, but in essence they cover the safne points.