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R.H.E. Liability for Loads Limited to £400 a Ton T

8th December 1950
Page 39
Page 39, 8th December 1950 — R.H.E. Liability for Loads Limited to £400 a Ton T
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ERMS of the interim conditions of i carriage of the Road Hanlage Executive, dated January 1, 1951, have now been published.

Subject to certain safeguards. the Executive accepts liability for loss. misdelivery of, or damage to merchandise, except through Act of God, etc. When merchandise is consigned to a depot or station and is not to he delivered by British Road Services, or bartec or by truck alongside ship, the Executive must give notice of arrival to the consignee, or, where his address is not known or he refuses to take delivery, to the sender, if reasonable and practicable.

If merchandise be not removed within a reasonable time, is of a description for which the Executive has no accommodation at the destination, is unclaimed, or the names and addresses of the sender and consignee cannot be ascertained, or if the goods be refused by the consignee, the Executive may sell the consignment. The R.H.E. takes power to sell also perishable merchandise if it be refused by the consignee, is not to be carted by the Executive and is not collected within a reasonable time, is not addressed or labelled in accordance with the conditions, is not delivered in consequence of riots, etc.. or because of damage or obstruction caused by flood or landslip. where no reasonable alternative route is available.

Loss of Market

In no case does the Executive accept liability for loss of a particular market. or indirect or consequential damages, or for loss or damage proved to have been caused by insufficient or improper packing, riots, etc., or by the consignee's not taking or accepting delivery within a reasonable time.

The regulations lay down conditions governing the addressing of merchandise.

Where loss, however sustained. is in respect of the whole of a consignment. the Executive's liability for any one consignment is limited to a sum at the rate of E400 per ton of the gross weight. Where only part of a consignment is lost, liability is proportional. The Executive's liability is not limited below the sum of 00 in respect of any one consignment.

The R.H.E. shall, subject to the con-ditions, be liable for loss proved by the trader to have been caused by delay to, or detention of, or unreasonable deviation in the carriage of, merchandise. unless the Executive proves that these events arose without negligence on the part of the Executive or its servants.

Previous arrangements have to be made with the Executive for the conveyance of dangerous goods, and the conditions lay down regulations regarding_ their packing. • Beyond Usual Radius The R.H.E.'s responsibility for goods. consigned to places beyond the limits of the usual delivery radius of British Road Services ceases when the merchandise arrives at its depot or else-where for collection by, or handing to, another carrier. The Executive will take reasonable steps to arrange for the ultimate delivery.

Power is taken to use the services of other Executives of the British Transport Commission, or an independent carrier, except where otherwise requested in writing by the trader.

The conditions cover the transport of goods wholly or partly by sea, and define the time at which transit shall be deemed to be at an end.

The R.H.E. does not hold itself liable for loss from a package or from an unpacked consignment, or for damage. deviation, misdelivery. delay or detention unless advised of the event in writing within three days. and a claim made in writing withio seven days. Notice in writing of the non-delivery of the whole of a consignment or any separate package forming part of the consignment must be made within 14 days, and a claim made in writing within 28 days.

The place of collection or delivery must be the usual point at which merchandise is loaded into or unloaded from a road vehicle. Conditions are laid down to cover the case of goods requiring special hauling appliances.

Copies of the conditions of carriage can he obtained from offices.

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