TERMS AND CONDITIONS

TERMS AND CONDITIONS
TERMS AND CONDITIONS
All quotations and work carried out is subject to our standard Terms and Conditions. Our Standard Terms and Conditions take precedence over any counter offer unless previously authorised in writing by the Compliance Manager and agreed in writing by a Company Director.
 
WAITING TIME (WE HAVE PUT THIS SECTION AT THE TOP SO AS TO ENSURE CLARITY AND HIGHLIGHT THE IMPORTANCE)
 
The Carrier shall allocate Free Of Charge (FOC) waiting time for Collections and Deliveries of the Consignement
 
Van – We give 30 minutes free of charge at both collection and deliveries, then waiting time is charge at £20 per hour in 15 minute increments.
 
7.5t – We give an hour free of charge at both collection and deliveries, then waiting is charged at £20 per hour in 15 minute increments.
 
18t to Artics – We give an hour free of charge at both collection and deliveries, then waiting is charged at £30 per hour in 15 minute increments.
 
PAYMENT TERMS (WE HAVE PUT THIS SECTION AT THE TOP SO AS TO ENSURE CLARITY AND HIGHLIGHT THE IMPORTANCE)
 
All credit accounts must be settled within 30 days after the date of invoice, unless expressly agreed with a Director of Fresh Pharma Ltd, and remitted to our bank account via credit transfer.
Payment by cheque is accepted however an additional charge of £2.00 will be levied in this instance.
In the event of an account being in arrears, we reserve the right to withhold further services. Should any payment be refused or returned from the bank, any bank charges incurred will be debited to the customers account. Further, we reserve the right to charge interest at 8% over the Bank of England base rate on all overdue balances.
If an account remains overdue, a Letter Before Action will be issued by our solicitors to the customer. A charge of £15 will be made to the customer for this letter. If the account remains unpaid for a further 7 days, a Court Action Letter will be issued and all further legal and administration costs will be charged to the customer.
We understand and will exercise our statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998 if we are not paid according to agreed credit terms.
 
We reserve the right to withdraw any agreed credit facilities when a customer indicates that they will no longer require our services, or when our credit checking service indicates a change in financial credit worthiness. In the event of any such change, immediate settlement of any outstanding monies may then be required.
 
Any invoice discrepancies need to be reported in writing within 7 days from the date of invoice.
 
The following section sets out the:
 
WEBSITE TERMS OF USE
 
BUSINESS TERMS AND CONDITIONS
 
Your access to and use of this website is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing this website, you accept, without limitation or qualification, the Terms of Use set out here. If you do not agree to be bound by these Terms of Use you may not use or access this website.
Material from this site may not be copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Fresh Pharma Ltd.
Neither title nor intellectual property rights are transferred to you by the use of or access to this site; rather, all rights, title and interest in and to all respects of the site remain the property of Fresh Pharma Ltd and/or associated companies.
Material on this site is provided for lawful purposes only.
Fresh Pharma Ltd reserve the right to modify or withdraw any part of this website at any time without notice to you and you confirm that Fresh Pharma Ltd shall not be liable to you or any third party for any modification to or withdrawal of the website or any part of it.
 
OUR COOKIES POLICY
 
Cookies are small text files stored on your device when you access most websites on the internet.
By using our website you agree to the use of cookies as described in this Cookie Policy.
Currently across http://www.freshpharma.co.uk we do NOT make use of cookies
Cookies set across our website (whether set by our 3rd party partners or us), can be in the form of session cookies (lasting only as long as your visit to our website) or persistent cookies, and may use different technologies, such as JavaScript or Flash.
You can choose to manage the cookies we use on our website through your internet browser settings at any time. For more information about how to do this, and about cookies in general, you can visit http://www.allaboutcookies.org. Certain cookies may be set as soon as you visit our website, but you can remove them using your internet browser settings.
Please note that preventing cookies is likely to impact the functionality or performance of our website, or prevent you from using certain services provided through it. If you choose to do so, we cannot guarantee access to the services provided through our website or be sure how our website will perform during your visit. Doing so will also affect our ability to update our website to cater for user preferences and improve its performance
 
Copyright Fresh Pharma Ltd © 2016
 
INTELLECTUAL PROPERTY
 
All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on this website and all content (including all applications) located on the site shall remain vested in Fresh Pharma Ltd or its licensors (which includes other users). You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use this website content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any this website content except for your own personal, non-commercial use. Any other use of this website content requires the prior written permission of Fresh Pharma Ltd.
 
The names, images and logos identifying Fresh Pharma Ltd or third parties and their products and services are subject to copyright, design rights and trade marks of Fresh Pharma Ltd and/or third parties. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of Fresh Pharma Ltd or any other third party.
 
DISCLAIMER & WARRANTY
 
This website is provided by us on an “as is” basis and although we make every effort to ensure that information provided in it is correct at the time of creation, Fresh Pharma Ltd make no representation or warranty, express or implied, concerning it or any other information obtained directly or indirectly from us, and accept no liability for any inaccuracies or omissions in the website.
In particular, Fresh Pharma Ltd make no representation that material in the website is appropriate or available for use in other jurisdictions. Visitors who choose to access this website from other jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.
Neither Fresh Pharma Ltd, its associated companies, nor any other party involved in creating, producing, or delivering this website, shall be liable for any direct, incidental, consequential, indirect or punitive damages, costs, losses (including, without limitation, loss of profits, business, revenues, contracts, loss of goodwill or reputation) or liabilities whatsoever arising out of the access to, or use of, this website.
 
VIRUSES
 
Fresh Pharma Ltd shall not be liable for any damages to, or viruses that may infect your computer equipment or other property, by reason of your use of, access to, or downloading of any material from this website.
Data Protection and Use of Information
Whilst any personal details sent to Fresh Pharma Ltd’s website are subject to our Privacy Policy below, any visitor to this website agrees that all information provided (including, without limitation, any suggestion, comment, remark, idea and graphics) becomes and will remain Fresh Pharma Ltd’s exclusive property and that we shall have the unrestricted right to use it and store it.
 
PRIVACY POLICY
 
This website is run by Fresh Pharma Ltd. We know that your privacy is important. Please read this privacy policy, which explains why and how we collect information about you and how we protect it.
Use of this website by you constitutes acceptance by you of this privacy policy.
 
PERSONAL DATA
 
When you access this site we do not automatically collect or store personal information about you. If you make an e-mail enquiry we collect information about you including your name and address, your e-mail address and telephone and fax numbers to enable us to deal with that enquiry. We may need to pass on this information to our operating units who will deal with your specific enquiries relating to their services.
We do not pass on your information to any other third party. We may disclose your personal information if required by Law.
We keep your data as safe and secure as reasonably possible protecting it against loss and unauthorised disclosure or access.
We only hold your personal information for the reasons given above and we will only hold it for as long as is necessary for those purposes.
We may edit this privacy policy from time to time. If we make any substantial changes we will notify you by posting a prominent announcement on our pages.
You can request a copy of the details that we hold about you. A small fee will be payable.
 
NON-PERSONAL DATA
 
In order to allow us to improve and update our website, we may automatically use technology such as “cookies” to collect non-personally identifiable technical information which is not Personal Data in aggregate form when visitors connect to the website. This will tell us, for example, the number of visitors to the website and the domain names of our visitors’ internet service providers. We do not extract personally identifiable information (Personal Data) in this process.
 
SECURITY
 
Fresh Pharma Ltd continues to take every precaution to make all information received from our website visitors as secure as possible against unauthorised access and use. However, please remember that the internet may not be a secure medium and accordingly the security of information transmitted over the internet cannot be guaranteed by us.
 
LAW AND JURISDICTION
 
These Terms of Use and anything on this website, shall be governed by and interpreted in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
This website is controlled and operated by Fresh Pharma Ltd. All references to Fresh Pharma Ltd in these Terms of Use shall mean Fresh Pharma Ltd, whose registered offices are at 3-5 Bondgate, Castle Donington, Derbyshire, DE742NS. Companies incorporated with limited liability in England.
 
NOTICE
 
Unless we have specifically agreed in writing otherwise, all services provided by Fresh Pharma Ltd are provided subject to Fresh Pharma Ltd’s Standard Conditions of Storage and Standard Conditions of Carriage, as may be updated from time to time (copies of which are available upon request from the above address).
© 2016 Fresh Pharma Ltd
 
CONDITIONS OF STORAGE
 
Fresh Pharma Ltd (hereinafter referred to as “the Carrier”) is not a common carrier and accepts goods for carriage only upon that condition and the Conditions set out below. No servant or agent of the Carrier is permitted to alter or vary these Conditions in any way unless expressly authorised in writing to do so by a Director, Principal, Partner or other authorised person. If any legislation is compulsorily applicable to the Contract and any part of these Conditions is incompatible with such legislation, such part shall, as regards the Contract, be overridden to that extent and no further.
 
DEFINITIONS
 
In these Conditions:
“Customer” means the person or company who contracts for the services of the Carrier including any other carrier who gives a Consignment to the Carrier for carriage.
“Contract” means the contract of carriage between the Customer and the Carrier.
“Consignee” means the person or company to whom the Carrier contracts to deliver the Consignment.
“Consignment” means goods, whether a single item or in bulk or contained in one parcel, package or container, as the case may be, or any number of separate items, parcels, packages or containers sent at one time in one load by or for the Customer from one address to one address.
“Dangerous Goods” means goods named individually in the Approved Carriage List issued from time to time by the Health and Safety Commission, explosives, radioactive material, and any other goods presenting a similar hazard.
 
PARTIES AND SUB-CONTRACTING
 
The Customer warrants that he is either the owner of the Consignment or is authorised by such owner to accept these Conditions on such owner’s behalf.
The Carrier and any other carrier employed by the Carrier may employ the services of any other carrier for the purpose of fulfilling the Contract in whole or in part and the name of every other such carrier shall be provided to the Customer upon request.
The Carrier contracts for itself and as agent of and trustee for its servants and agents and all other carriers referred to in (2) above and such other carriers’ servants and agents and every reference in these Conditions to “the Carrier” shall be deemed to include every other such carrier, servant and agent with the intention that they shall have the benefit of the Contract and collectively and together with the Carrier be under no greater liability to the Customer or any other party than is the Carrier hereunder.
Notwithstanding Condition 2(3) the carriage of any Consignment by rail, sea, inland waterway or air is arranged by the Carrier as agent of the Customer and shall be subject to the Conditions of the rail, shipping, inland waterway or air carrier contracted to carry the Consignment. The Carrier shall be under no liability whatever to whomsoever and howsoever arising in respect of such carriage: Provided that where the Consignment is carried partly by road and partly by such other means of transport any loss, damage or delay shall be deemed to have occurred while the Consignment was being carried by road unless the contrary is proved by the Carrier.
 
DANGEROUS GOODS
 
Dangerous Goods must be disclosed by the Customer and if the Carrier agrees to accept them for carriage they must be classified, packed and labelled in accordance with the statutory regulations for the carriage by road of the substance declared. Transport Emergency Cards (Tremcards) or information in writing in the manner required by the relevant statutory provisions must be provided by the Customer in respect of each substance and must accompany the Consignment.
Loading and Unloading
Unless the Carrier has agreed in writing to the contrary with the Customer:
(a) The Carrier shall not be under any obligation to provide any plant, power or labour, other than that carried by the vehicle, required for loading or unloading the Consignment.
(b) The Customer warrants that any special appliances required for loading or unloading the Consignment which are not carried by the vehicle will be provided by the Customer or on the Customer’s behalf.
(c) The Carrier shall be under no liability whatever to the Customer for any damage whatever, however caused, if the Carrier is instructed to load or unload any Consignment requiring special appliances which, in breach of the warranty in (b) above, have not been provided by the Customer or on the Customer’s behalf.
(d) The Carrier shall not be required to provide service beyond the usual place of collection or delivery but if any such service is given by the Carrier it shall be at the sole risk of the Customer.
The Customer shall indemnify the Carrier against all claims and demands whatever which could not have been made if such instructions as are referred to in (1)(c) of this Condition and such service as is referred to in (1)(d) of this Condition had not been given.
 
SIGNED RECEIPTS
 
The Carrier shall, if so required, sign a document prepared by the sender acknowledging the receipt of the Consignment but no such document shall be evidence of the condition or of the correctness of the declared nature, quantity, or weight of the Consignment at the time it is received by the Carrier and the burden of proving the condition of the Consignment on receipt by the Carrier and that the Consignment was of the nature, quantity or weight declared in the relevant document shall rest with the Customer.
 
TRANSIT
 
Transit shall commence when the Carrier takes possession of the Consignment whether at the point of collection or at the Carrier’s premises.
Transit shall (unless otherwise previously determined) end when the Consignment is tendered at the usual place of delivery at the Consignee’s address within the customary cartage hours of the district:
Provided that;
(a) if no safe and adequate access or no adequate unloading facilities there exist then transit shall be deemed to end at the expiry of one clear day after notice in writing (or by telephone if so previously agreed in writing) of the arrival of the Consignment at the Carrier’s premises has been sent to the Consignee; and
(b) when for any other reason whatever a Consignment cannot be delivered or when a Consignment is held by the Carrier ‘to await order’ or ‘to be kept till called for’ or upon any like instructions and such instructions are not given or the Consignment is not called for and removed within a reasonable time, then transit shall be deemed to end.
 
UNDELIVERED OR UNCLAIMED CONSIGNMENTS
 
Where the Carrier is unable for any reason to deliver a Consignment to the Consignee or as he may order, or where by virtue of the proviso to Condition 6(2) hereof transit is deemed to be at an end, the Carrier may sell the Consignment, and payment or tender of the proceeds after deduction of all proper charges and expenses in relation thereto and of all outstanding charges in relation to the carriage and storage of the Consignment shall (without prejudice to any claim or right which the Customer may have against the Carrier otherwise arising under these Conditions) discharge the Carrier from all liability in respect of such Consignment, its carriage and storage:
Provided that:
the Carrier shall do what is reasonable to obtain the value of the Consignment; and
the power of sale shall not be exercised where the name and address of the sender or of the Consignee is known unless the Carrier shall have done what is reasonable in the circumstances to give notice to the sender or, if the name and address of the sender is not known, to the Consignee that the Consignment will be sold unless within the time specified in such notice, being a reasonable time in the circumstances from the giving of such notice, the Consignment is taken away or instructions are given for its disposal.
If we are unable to deliver to an address; Incorrect address supplied, Incorrect name supplied, Business already closed for the day, Consignment refused/rejected, or for any other such reason. In the eventuality that we are unable to contact anyone to instruct us otherwise. The goods will be returned to our central depot and stored until such time as alternative arrangements or instructions are given. Storage costs will be applied at a rate of £8 per pallet RH&D + £10 per pallet storage per week, or part thereof. A minimum of 1 pallet rate will be charged for.
To ensure that you avoid any such charges, please ensure that you have supplied out of hours contact details.
 
CARRIER’S CHARGES
 
The Carrier’s charges shall be payable by the Customer without prejudice to the Carrier’s rights against the Consignee or any other person: Provided that when any Consignment is consigned ‘carriage forward’ the Customer shall not be required to pay such charges unless the Consignee fails to pay after a reasonable demand has been made by the Carrier for payment thereof.
Charges shall be payable when due without reduction or deferment on account of any claim, counterclaim or set-off. The Carrier shall be entitled to interest at 8 per cent above the Bank of England Base Rate prevailing at the date of the Carrier’s invoice or account, calculated on a daily basis on all amounts overdue to the Carrier.
Liability for Loss and Damage
The Customer shall be deemed to have elected to accept the terms set out in (2) of this Condition unless, before the transit commences, the Customer has agreed in writing that the Carrier shall not be liable for any loss or mis-delivery of or damage to or in connection with the Consignment however or whenever caused and whether or not caused or contributed to directly or indirectly by any act, omission, neglect, default or other wrongdoing on the part of the Carrier, its servants, agents or sub-contractors.
Subject to these Conditions the Carrier shall be liable for:
(a) physical loss, mis-delivery of or damage to living creatures, bullion, money, securities, stamps, precious metals or precious stones comprising the Consignment only if:
(i) the Carrier has specifically agreed in writing to carry any such items; and
(ii) the Customer has agreed in writing to reimburse the Carrier in respect of all additional costs which result from the carriage of the said items; and
(iii) the loss, mis-delivery or damage is occasioned during transit and is proved to be due to the negligence of the Carrier, its servants, agents or sub-contractors;
(b) physical loss, mis-delivery of or damage to any other goods comprising the Consignment unless the same has arisen from, and the Carrier has used reasonable care to minimise the effects of:
(i) Act of God;
(ii) any consequences of war, invasion, act of foreign enemy, hostilities (whether war or not), civil war, rebellion, insurrection, terrorist act, military or usurped power or confiscation, requisition, or destruction or damage by or under the order of any government or public or local authority;
(iii) seizure or forfeiture under legal process;
(iv) error, act, omission, mis-statement or misrepresentation by the Customer or other owner of the Consignment or by servants or agents of either of them;
(v) inherent liability to wastage in bulk or weight, faulty design, latent defect or inherent defect, vice or natural deterioration of the Consignment;
(vi) insufficient or improper packing;
(vii) insufficient or improper labelling or addressing;
(viii)riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labour from whatever cause;
(ix) Consignee not taking or accepting delivery within a reasonable time after the Consignment has been tendered.
The Carrier shall not in any circumstances be liable for loss or damage arising after transit is deemed to have ended within the meaning of Condition 6(2) hereof, whether or not caused or contributed to directly or indirectly by any act, omission, neglect, default or other wrongdoing on the part of the Carrier, its servants, agents or sub-contractors.
FRAUD
 
The Carrier shall not in any circumstances be liable in respect of a Consignment where there has been fraud on the part of the Customer or the owner, or the servants or agents of either, in respect of that Consignment, unless the fraud has been contributed to by the complicity of the Carrier or of any servant of the Carrier acting in the course of his employment.
 
LIMITATION OF LIABILITY
 
Except as otherwise provided in these Conditions, the liability of the Carrier in respect of claims for physical loss, mis-delivery of or damage to goods comprising the Consignment, howsoever arising, shall in all circumstances be limited to the lesser of
(a) the value of the goods actually lost, mis-delivered or damaged; or
(b) the cost of repairing any damage or of reconditioning the goods; or
(c) a sum calculated at the rate of £1,300 Sterling per tonne on the gross weight of the goods actually lost, mis-delivered or damaged; and the value of the goods actually lost, mis-delivered or damaged shall be taken to be their invoice value if they have been sold and shall otherwise be taken to be the replacement cost thereof to the owner at the commencement of transit, and in all cases shall be taken to include any Customs and Excise duties or taxes payable in respect of those goods: Provided that:
(i) in the case of loss, mis-delivery of or damage to a part of the Consignment the weight to be taken into consideration in determining the amount to which the Carrier’s liability is limited shall be only the gross weight of that part regardless of whether the loss, mis-delivery or damage affects the value of other parts of the Consignment;
(ii) nothing in this Condition shall limit the liability of the Carrier to less than the sum of £100;
(iii) the Carrier shall be entitled to proof of the weight and value of the whole of the Consignment and of any part thereof lost, mis-delivered or damaged;
The liability of the Carrier in respect of claims for any other loss whatsoever (including indirect or consequential loss or damage and loss of market), and howsoever arising in connection with the Consignment, shall not exceed the amount of the carriage charges in respect of the Consignment or the amount of the claimant’s proved loss, whichever is the lesser, unless;
(a) at the time of entering into the Contract with the Carrier the Customer declares to the Carrier a special interest in delivery in the event of physical loss mis-delivery or damage or of an agreed time limit being exceeded and agrees to pay a surcharge calculated on the amount of that interest, and
(b) at least 7 days prior to the commencement of transit the Customer has delivered to the Carrier written confirmation of the special interest, agreed time limit and amount of the interest.
 
INDEMNITY TO THE CARRIER
 
The Customer shall indemnify the Carrier against:
all liabilities and costs incurred by the Carrier (including but not limited to claims, demands, proceedings, fines, penalties, damages, expenses and loss of or damage to the carrying vehicle and to other goods carried) by reason of any error, omission, mis-statement or misrepresentation by the Customer or other owner of the Consignment or by any servant or agent of either of them, insufficient or improper packing, labelling or addressing of the Consignment or fraud as in Condition 10;
all claims and demands whatsoever (including for the avoidance of doubt claims alleging negligence), by whomsoever made and howsoever arising (including but not limited to claims caused by or arising out of the carriage of Dangerous Goods and claims made upon the Carrier by HM Customs and Excise in respect of dutiable goods consigned in bond) in excess of the liability of the Carrier under these Conditions in respect of any loss or damage whatsoever to, or in connection with, the Consignment whether or not caused or contributed to directly or indirectly by any act, omission, neglect, default or other wrongdoing on the part of the Carrier, its servants, agents or sub-contractors.
 
TIME LIMITS FOR CLAIMS
 
The Carrier shall not be liable for:
(a) damage to the whole or any part of the Consignment, or physical loss, mis-delivery or non-delivery of part of the Consignment unless advised thereof in writing within seven days, and the claim is made in writing within fourteen days, after the termination of transit;
(b) any other loss unless advised thereof in writing within twenty-eight days, and the claim is made in writing within forty-two days, after the commencement of transit.
Provided that if the Customer proves that,
(i) it was not reasonably possible for the Customer to advise the Carrier or make a claim in writing within the time limit applicable, and
(ii) such advice or claim was given or made within a reasonable time, the Carrier shall not have the benefit of the exclusion of liability afforded by this Condition.
The Carrier shall in any event be discharged from all liability whatsoever and howsoever arising in respect of the Consignment unless suit is brought within one year of the date when transit commenced.
In the computation of time where any period provided by these Conditions is seven days or less, Saturdays, Sundays and all statutory public holidays shall be excluded.
 
LIEN
 
The Carrier shall have a general lien against the Customer, where the Customer is the owner of the Consignment, for any monies whatever due from the Customer to the Carrier. If such a lien is not satisfied within a reasonable time, the Carrier may, at its absolute discretion sell the Consignment, or part thereof, as agent for the Customer and apply the proceeds towards the monies due and 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 whatever in respect of the Consignment.
Where the Customer is not the owner of the Consignment, the Carrier shall have a particular lien against the said owner, allowing the Carrier to retain possession, but not to dispose of, the Consignment against monies due from the Customer in respect of the Consignment.
 
UNREASONABLE DETENTION
 
The Customer shall be liable to pay demurrage for unreasonable detention of any vehicle, trailer, container or other equipment but the rights of the Carrier against any other person in respect thereof shall remain unaffected.
 
LAW AND JURISDICTION
 
The Contract shall be governed by English law and United Kingdom courts alone shall have jurisdiction in any dispute between the Carrier and the Customer.
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