“The Customer” means the company invoiced by GFS for the provision of carrier services

“The Carrier” is the carrier entity responsible for the transport of a Consignment or Shipment

“Shipment”, “Consignment”, goods contained in one Parcel, Packet or Freight Item or any number of separate Parcels Packets or Freight Items, or goods that are sent at one time in one load by or for the same customer from one address or to one address

“Parcel or Packet” a single item from a Shipment or Consignment

“GFS” Global Freight Solutions Ltd

“Claim” is the act of filing for compensation for loss or damage to a Shipment

  1. Claims must be notified and substantiated within time limits specific to the carrier used. Different time limits apply to each carrier and claim type. The Carrier claim time limits are listed in Appendix A.
    1. Claims will only be accepted when filed by the sender. Only one claim can be filed in connection with a Shipment.
    2. Acceptance of payment of a claim shall extinguish any right to recover further damages or to claim further compensation in connection with that Shipment
  2. Provision as to liability of GFS and its Carriers:
    1. The final decision against a claim is made by the carrier. GFS take no responsibility for failed claims or partially settled claims.
    2. Notwithstanding clause 2.1, GFS will to all reasonable endeavours support The Customer during the claims process.
    3. Liability shall be limited to the actual value of the Consignment or part of the Consignment that is lost or damaged, subject to a maximum amount calculated for each Carrier is set out in Appendix B, notwithstanding the following conditions: GFS and The Carrier shall in no circumstances whatsoever, including negligence, nuisance, breach of contract or non-performance by GFS or The Carrier, be liable to the Customer for any indirect or consequential loss or damage of any kind, including any loss of profits or interest cost and for the avoidance of doubt, the cost of recompiling the information contained on the goods.
      1. The Carrier and GFS shall not be liable for a claim if the Customer making the claim is overdue in payment of charges to GFS.
      2. The Carrier and GFS shall also not be liable for any amount if such loss or damage has arisen from: – Act of God. – seizure under legal process. – riots, civil commotion, strike lockouts (general or partial stoppage). – any consequence of war, terrorism and kindred risks. – error, act, omission or misrepresentation of either the Customer or the owner of the Consignment or their respective employees or agents. – insufficient or improper packaging, labelling or addressing including the full and accurate postcode. – marine risks (which shall be deemed to last form the time of the loading of the Consignment onto the vessel commences until the unloading of the Consignment from the vessel is complete). – the Consignment containing goods of a description different to that contained in the agreement made between The Customer and GFS. – the Consignment comprising of livestock, bullion, money, securities, stamps, antiques, precious metals, precious stones, china or glass related products of a fragile, brittle or perishable nature in addition paint, all liquids, hazardous materials or any other goods that may cause damage to or the destruction of any other customer’s goods.
  3. Claims for Damage
    • The Carrier reserves the right to inspect damaged Shipments on the customer’s premises as well as the right to retrieve the damaged Package for inspection at The Carrier’s facility. All of the original shipping cartons, packing and contents must be made available for inspection by The Carrier and retained until the claim is concluded.
  4. Claims review
    1. The Customer accepts and acknowledges that the submission of a claim may take up to 90 days to review by the carrier.
    2. The Customer also accepts that the carrier will be unable to review a claim until all supporting information has been provided, inclusive of photographic evidence of internal and external damage to the item where applicable, and the failure to provide this information may affect the outcome of the claim
  5. Claims against 3rd Party address’s
    1. The Customer will ensure that claims made against a 3rd party collection, in accordance with the terms and conditions of The Carrier, will need to be submitted manually to claims@gfsdeliver.com

Appendix A – Carrier Claim Time Limits

Standard Terms

Loss Damage
Notification Notification
14 days of collection 14 days of collection
Substantiation Substantiation
28 days of collection 14 days of collection
Loss Damage
Notification Notification
30 days of collection 30 days of collection
Substantiation Substantiation
30 days of collection 30 days of collection
Loss Damage
Notification Notification
8 days of collection 8 days of collection

3 days from date of delivery, if goods are signed for by the consignee in good order

Substantiation Substantiation
22 days of collection 8 days of collection
Loss Damage
Notification Notification
14 days of collection 14 days of collection
Substantiation Substantiation
28 days of collection 14 days of collection
Loss Damage
Notification Notification
14 days of collection 14 days of collection
Substantiation Substantiation
28 days of collection 14 days of collection
Loss Damage
Notification Notification
21 calendar days from commencement of transit (despatch date) 7 calendar days from the termination of transit (delivery date) if goods have been delivered and signed as damaged on receipt
Substantiation Substantiation
21 calendar days from commencement of transit (despatch date) 7 calendar days from the termination of transit (delivery date) if goods have been delivered and signed as damaged on receipt
Loss Damage
Notification Notification
30 days of collection 30 days of collection
Substantiation Substantiation
30 days of collection 30 days of collection
Loss Damage
Notification Notification
30 days of collection 30 days of collection
Substantiation Substantiation
30 days of collection 30 days of collection
Loss Damage
Notification Notification
14 days of collection 7 days of collection
Substantiation Substantiation
14 days of collection 7 days of collection
Loss Damage
Notification Notification
42 days of collection 7 days of collection
Substantiation Substantiation
42 days of collection 7 days of collection
Loss Damage
Notification Notification
14 days of collection 14 days of collection
Substantiation Substantiation
28 days of collection 14 days of collection

Appendix B – Carrier Liability Limitation

  • claims for lost items will not be considered in the first 10 days of scanning, an item is considered lost when the last tracking event is at least 10 days old, a claim should then be made for a lost parcel within 28 days of the last tracking event.
  • damaged items will need to claimed within 5 days of delivery, with all supporting documentation as well as photographic evidence.
  • liability cover is set at a maximum of £50 per parcel.
  • claims are restricted to items within 60 x 50 x 50 cm and 10kg
  • claims should be submitted in writing to claims@gfsdeliver.com
  • The Carriers liability is strictly limited to direct loss and damage only and to the per kilo/Ib limits. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to The Carriers attention before or after acceptance of the Shipment. If a Shipment combines carriage by air, road or other mode of transport, it shall be deemed to have been carried by air. The Carriers liability in respect of any one Shipment transported, is limited to its actual cash value and shall not exceed: $US 25.00/kilogram or $US 11.34/lb for Shipments transported by air or other non-road mode of transportation; or $US 12.00/kilogram or $US 5.44 /lb for Shipments transported by road. Claims are limited to one claim per Shipment settlement of which will be full and final settlement for all loss or damage in connection therewith. If Shipper regards these limits as insufficient it must make a special declaration of value and request insurance or make its own insurance arrangements, failing which Shipper assumes all risks of loss or damage. damaged items will need to claimed within 5 days of delivery, with all supporting documentation as well as photographic evidence.
  • All claims must be submitted in writing to GFS within thirty (30) days from the date that The Carrier accepted the Shipment, failing which GFS and The Carrier shall have no liability whatsoever claims are restricted to items within 60 x 50 x 50 cm and 10kg
  • The Carrier is not liable for any loss or damage arising out of circumstances beyond The Carriers control. These include but are not limited to:- electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to The Carrier; any act or omission by a person not employed or contracted by The Carrier – e.g. Shipper, Receiver, third party, customs or other government official; “Force Majeure” – e.g. earthquake, cyclone, storm, flood, fog, war, plane crash or embargo, riot or civil commotion, industrial action.
  • If the Shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Montreal Convention, or the Warsaw Convention as applicable, governs. For international road transportation, the Convention for the International Carriage of Goods by Road (CMR) may apply. These conventions limit The Carriers liability for loss or damage.
  • Unless stated otherwise, The Carrier shall be liable for loss of or damage to a Consignment up to the following amounts:
Max. liability Liability per Kg Weight break
£10,000 £10 1kg
  • All the limitations and exclusions set out within these conditions are cumulative. This means that if more than one limitation or exclusion applies in a particular situation, The Carrier will have the benefit of each and every limitation that applies.
  • Where liability of loss or damage is accepted by The Carrier The Customer will pay an excess of £10 in respect of each and every claim made by you.
  • The carrier will not be liable for damage or loss relating to 3rd party collections.
  • The Carrier’s liability for the loss of or damage to any goods shall be limited to the lesser of :
  • For goods carried within the British Isles (such terms to include Northern Ireland, Republic of Ireland and all islands off the coast of Great Britain, including the Channel Islands).
    • For “Economy Cover” £50 per Parcel – For “Standard Cover” £100 per Parcel
    • For Pallets, the limit of liability will be £1.50 per kg of gross weight lost or damaged with a maximum liability of £1500. If a Pallet weight is undeclared on the Consignment Note, the maximum liability is £150.
  • For all international services:
    • If carriage by road, the provisions of the Convention on the Contract for the International Carriage of Goods by Road (CMR) May 1956 Geneva and Protocol of July 5th, 1978 Geneva, apply, however Express Paks will be limited to a maximum of US$100 per parcel; or;
  • If carriage by air, up to £100 per Consignment, unless the Warsaw Convention of 1929 as amended by the Protocol signed in the Hague on September 28th, 1955, operates.
  • For goods held in storage or for other services the Company’s liability shall not exceed a total £0.10 per kilo gross weight lost or damaged, with a maximum liability of £1000. If no weight is declared then our maximum liability will be equal to one tonne.
  • For all Consignments undertaken by “Special Services”, these services shall be subject to the current BIFA (British International Freight Association) Conditions.
  • The replacement cost of lost or damaged goods, or the repair cost of the damaged goods. Whether such loss or damage was due to the fault or negligence of the Company or otherwise, the Company shall be entitled to require proof of value of goods lost or damaged.
  • For “Standard Liability” – £12 per kg of gross weight lost or damaged but we will not pay more than £1,000 per Consignment; Expresspak 5 £12.00 per kilo up to a maximum £60 per bag or
  • If the weight of a Freight Item is not declared on the consignment note, the most The Carrier will pay is £150 per Consignment;
  • or for Expresspak 1 the most The Carrier will pay is £20 per Consignment; or
  • For Parcels only (not Express Pak 1 or Express Pak 5) carried within the British Isles under the following services: (a) by 9.30am, (b) by 12pm, (c) by Saturday 9.30am, (d) by Saturday 12pm, The Carrier will pay the actual value of the goods lost or damaged up to a maximum of £1,000 per Consignment (“Premium Cover”). The Carrier will work out the actual value of any goods lost or damaged by referring to their repair, or replacement, or resale or market value at the time and place of collection, whichever is less. The value The Carrier work out will not be more than the original cost of the goods you have actually paid for or, if you are the manufacturer of the goods, the manufacturing cost of the goods.
  • For all international services: –
  • If the goods are carried by road, the conditions of the Convention on the Contract for the International Carriage of Goods by Road (CMR) May 1956, Geneva and the Protocol of July 5th, 1978, Geneva will apply.
  • If the goods are carried by air, The Carrier will pay up to £100 a Consignment unless the Warsaw Convention of 1929, as amended by the Protocol signed in the Hague on September 28th, 1955, applies.
  • For goods held in storage or for other services, The Carrier will not pay more than 10p for each kg of gross weight (i.e. including packaging) lost or damaged (up to £1000 per Consignment). If no weight is declared then the most The Carrier will pay will be equal to one tonne
  • The replacement cost of lost or damaged goods
  • The repair cost of damaged goods
  • A level of inclusive Transit Liability is normally provided by DX for every consignment you despatch, regardless of service. However, there are different levels of Transit Liability dependant on the service as follows;
Service Inclusive level of Transit Liability Service Inclusive level of Transit Liability
Before 09:30 hrs £15 per kilo DocPak £150 per satchel
Before Noon £15 per kilo 48/72 Hour & Offshore Delivery £5 per kilo
Saturday Services £15 per kilo Carriage Forward & Carriage Transfer £5 per kilo – All services (loss only)
Next day £15 per kilo Residential Address Deliveries £5 per kilo – All services (loss only)
Additional Transit Liability cover is available for any individual consignment up to a maximum of £5,000 at a cost of £10.50 per consignment
NB: DX operate a deduction of £50 excess on any claim payment
  • Damaged – Signed for clear. Ensure your customers check that goods have been received in good condition before signing the Proof of Delivery. Claims will be refuted if there is a clear signature accepting receipt of the goods.
  • Damaged – Signed for as Damaged. If a Consignment has been delivered and signed as damaged on receipt, then you have 7 calendar days from the termination of transit (delivery date) to register a claim.
  • Part Loss from a Consignment. If the delivery has been signed for as short then a claim can be submitted. Claims for part loss must be submitted within 21 calendar days from commencement of transit (despatch date).
  • Total Loss of a Consignment. If you feel that the whole Consignment has been lost a claim should be submitted within 21 calendar days of commencement of transit (despatch date).

Please Note;

  1. Final payment will be minus deduction of a £50 excess. Liability will be determined by calculating the lesser of either;
    1. The cost of repair
    2. Reference to the Manufacturer’s cost price of the Consignment or any part thereof. In the absence of proof or a Manufacturer’s cost invoice, DX may determine costs by deducting forty per cent (40%) from the sales value. Or
    3. Reference to the actual, unpacked, weight of the Consignment or pro-rata for partial loss or damage, subject to a maximum limit for a Consignment of £10,000 (ex VAT).
  2. In the case of damaged items please ensure that you inform DX of any salvage value. Damaged goods should be kept in a safe place with the original packaging and should be available for inspection by DX, or approved assessor, within 7 calendar days of notification that inspection is required. Please do not, under any circumstances dispose of damaged goods until written permission has been received from DX.
  3. Excluded Goods, if accepted for carriage by DX, are not covered by our Transit Liability. These types of goods are carried entirely at the owner’s risk.
  4. DX shall not pay any claim where the liability calculated is less than £50.
  5. DX does not accept liability for any indirect, special or consequential loss incurred by You or any third party.

Annual Limit of Liability

DX’s total aggregate liability in any Contract Year shall be limited to the lesser of £30,000 or the total Charges (excluding VAT) paid by the Customer in respect of that Contract Year.

Conflicts

In the event of any conflict between the documents contained in the Contract, the order of priority (from highest to lowest) will be as follows;

  1. The Service Agreement
  2. The Service Guide
  3. DX Freight Conditions of Carriage
  1.  
  1. Claims for loss and damage must be submitted within 30 days from despatch.
  2. For loss claims, confirmation on non-receipt from the consignee must be received within 7 calendar days of submitting the claim form
  3. Subject to individual carriers T&C’s and to a maximum value of £50.
  4. Cap on claims 1% of total revenue spend
  5. An investigation must be raised against a consignment for a claim to be considered
  6. Exceptions to claims: Inadequate packaging, prohibited goods, a signature has not been obtained
Hermes

  1. Unless stated otherwise, The Carrier shall be liable for loss of or damage up to the lesser of the cost or replacement value up to a maximum of £25 per consignment.
  2. The claims for lost Parcels must be received by Hermes within 30 days of the pre advice loaded scan.
Panther

  1. Unless stated otherwise, the carrier shall be liable for loss of or damage and compensate based on the cost price of the goods.
  2. VAT will not be paid only the cost of the goods.
  3. In order to proceed with a claim the following will be required;
    • Proof of Loss – Replacement invoice or credit note
    • Proof of Value – Original supplier invoice
    • Proof of Damage – Photo evidence
  4. items will need to be checked upon delivery and prior to signing. No liability will be offered if the items are signed for in good order. All valid Panther claims in accordance with the terms and conditions will need to be submitted manually to claims@gfsdeliver.com
Tuffnells

  1. The Carrier shall be liable for loss of or damage to a Consignment to a business address only (the carrier is not liable for consignments lost or damaged to a residential address), up to the following amounts for the following services:
Service Max. Liability Weight break
Databag £15,000 per 1,000 kgs
Priority 10.30 £15,000 per 1,000 kgs
Priority 12.00 £15,000 per 1,000 kgs
Priority 1 £15,000 per 1,000 kgs
Priority 2 £5,000 per 1,000 kgs
Priority 3 £5,000 per 1,000 kgs
Offshore P1 £15,000 per 1,000 kgs
Offshore £5,000 per 1,000 kgs
FBK/FWD (loss only) £5,000 per 1,000 kgs
RAD (loss only) £5,000 per 1,000 kgs

And pro rata in each case to the weight or the proportion to part of the Consignment or the Manufacturer’s cost price of the Consignment or any part if less PROVIDED THAT the Carrier shall not be liable for the first £25 of any claim for loss or damage.

However, the carrier will not be liable for damage if the goods are signed for in good order.

Yodel

  1. Liability shall in all cases whatsoever be limited to the payment by the Customer on its own behalf and on behalf of its servants and agents by way of damages:
    • (a)in the event of loss of or damage to the whole of a Consignment, of a sum not exceeding £50 for consignments dispatched to residential address, £100 for consignments dispatched to business address, liability will also be limited to £0 (zero) for consignments dispatched using the service type “Packet”.
    • (b) in the event of loss of or damage to part of a Consignment, of the proportion of the sum ascertained in accordance with sub-clause (a) above which the actual value of that part of the Consignment bears to the actual value of the whole of the Consignment;
    • (c) in respect of any claim arising other than as a result of loss of or damage to a Consignment or part thereof, of a sum not exceeding £100 dependent upon where the consignment is intended for delivery and the type of product used, as previously mentioned in this clause, in respect of any one Consignment. Provided that the Company shall be entitled to require proof of the value and weight of the whole Consignment and any part or parts thereof.