Coughlan Haulage – Conditions of Carriage for Road Borne Traffic

1. Definitions

In these Conditions, the following expressions shall have the meanings respectively assigned to them below:

  • “These Conditions”: Refers to the terms and conditions set out herein.
  • “Consignee”: The person or company to whom the Carrier contracts to deliver the Consignment.
  • “Consignment”: Goods, whether a single item or in bulk, contained in one parcel, package, or container, or any number of separate items, parcels, packages, or containers sent at one time in one load.
  • “Consignor”: The person or company from whom the Carrier contracts to pick up the Consignment.
  • “Contract”: The contract of carriage between the Customer and the Carrier, incorporating these Conditions.
  • “Customer”: The customer who contracts for the services of the Carrier.
  • “Dangerous Goods”: As defined in the Carriage of Dangerous Goods by Road Act, 1998.

2. Carrier is Not a Common Carrier

The Carrier is not a common carrier and will accept goods for carriage only on these conditions.

3. Parties and Sub-Contracting

  1. Where the Customer is not the owner of some or all of the goods in any Consignment, they shall be deemed for all purposes to be the agent of the owner(s).
  2. The Carrier may sub-contract the services of any other carrier to fulfill its obligations under the Contract, either in whole or in part.
  3. The Carrier enters into the Contract on behalf of itself and its servants, agents, and sub-contractors, who shall also benefit from these Conditions.
  4. Carriage by rail, sea, inland waterway, or air is arranged by the Carrier as an agent of the Customer and is subject to the terms of the rail, shipping, inland waterway, or air carrier.

4. Dangerous Goods

  1. If the Carrier agrees to accept Dangerous Goods for carriage, the Customer must provide a full and detailed declaration as to their nature and contents, and ensure all legal documentation, labeling, and marking is provided.
  2. The Customer must provide all required documentation in a timely manner.
  3. The Dangerous Goods must be properly and safely packed as per legal requirements.
  4. The Customer warrants that the carriage of Dangerous Goods is permitted by law and has complied with all relevant legal requirements.
  5. The Customer shall indemnify the Carrier against any loss, damage, or injury arising from the carriage of Dangerous Goods.

5. Loading and Unloading

  1. The Carrier is not obliged to provide any special equipment for loading or unloading.
  2. The Customer is responsible for providing any required appliances or facilities at their expense.
  3. The Carrier shall not be liable for any damage during loading or unloading requiring special equipment, and the Customer shall indemnify the Carrier against any related claims.
  4. The Carrier is not required to provide loading or unloading services outside the Customer’s usual place of collection or delivery unless agreed otherwise.
  5. The Carrier’s employees, servants, or agents have discretion to decide if safe and adequate access for loading or unloading exists.

6. Consignment Notes

  1. The Carrier may sign a consignment note prepared by the Customer, but this does not serve as evidence of the condition, nature, quantity, or weight of the Consignment unless verified by the Carrier.
  2. In case of disputes, the Customer must prove the condition, nature, quantity, or weight of the Consignment.

7. Transit

  1. The Carrier’s obligations and responsibilities for any Consignment exist only while the Consignment is in transit.
  2. Transit commences when the Carrier takes possession of the Consignment.
  3. Transit ends when the Consignment is delivered to the Consignee or deemed undeliverable.

8. Undelivered or Unclaimed Goods

If the Carrier is unable to deliver a Consignment, or if transit is deemed to have ended, the Carrier may sell the Consignment after taking reasonable steps to obtain fair value and notifying the Customer or Consignee, where applicable.

9. Carrier’s Charges

  1. The Carrier’s charges are payable within thirty (30) days of the invoice date.
  2. Charges must be paid without reduction or deferment due to any claim or counterclaim.
  3. Interest at 2% above the EURIBOR rate may be charged on overdue amounts.
  4. All quotations are based on gross weight unless otherwise stated.

10. Time Limit for Claims

  1. The Carrier shall not be liable for any damage, loss, or delay unless the Carrier is advised in writing within three (3) days, and a claim is made within fourteen (14) days after the end of transit.
  2. The Carrier is discharged from all liability unless court proceedings are issued within six months of the start of transit.
  3. For periods of seven days or less, weekends and public holidays are excluded from time calculations.

11. Liability for Loss and Damage

  1. The Carrier’s liability is limited as stated unless otherwise agreed in writing.
  2. The Carrier is not liable for losses due to acts of God, war, civil commotion, riots, strikes, industrial disputes, insufficient or improper packing or labeling, or any breach of these Conditions by the Customer.

12. Limitation of Liability

  1. The Carrier’s liability for physical loss, misdelivery, or damage to goods is limited to the lesser of the value of the goods, the cost of repair, or €1,800 per tonne of the goods’ gross weight.
  2. Liability for other losses is limited to the carriage charges or the claimant’s proved loss, whichever is lesser.
  3. The Carrier’s liability for delay is limited as per the terms stated.

13. General Lien

  1. The Carrier has a lien against the Customer for any monies due and may sell the Consignment to recover these amounts if not paid within 60 days.
  2. The Carrier has a particular lien against the owner of the Consignment if the Customer is not the owner.

14. Unreasonable Detention

The Customer is liable for costs associated with the unreasonable detention of vehicles, containers, trailers, or equipment.

15. Use of Forms

The use of the Customer’s forms does not alter these Conditions, which take precedence over any conflicting terms.

16. Indemnity to the Carrier

The Customer shall indemnify the Carrier against liabilities arising from errors, insufficient documentation, improper packing, and any claims exceeding the Carrier’s liability under these Conditions.

17. Fraud

The Carrier is not liable for a Consignment if there has been fraud by the Customer, the owner, or their agents unless the Carrier was complicit.

18. Validity

If any provision is found invalid by a competent authority, the remaining provisions continue in effect.

19. Waiver

Failure by the Carrier to enforce any Condition does not waive their rights to enforce the remaining Conditions.

20. Notices

Notices must be in writing and are deemed delivered based on the method specified, including by post, telecopier, or email.

21. Governing Law

These Conditions are governed by Irish law, and the parties submit to the jurisdiction of the Irish courts.