Services Terms and Conditions

Introduction

These Services Terms incorporate the Standard Terms and Conditions found at https://diamondlogistics.co.uk/services-terms-and-conditions/. Unless otherwise stated, all definitions in the Standard Terms and Conditions apply to these Services Terms.

Services

These Services Terms incorporate the terms applicable to each of the following Services: (i) Same Day Delivery; (ii) Storage and Fulfilment; and (iii) Overnight and International Delivery Services.

Service Levels and Compensation

Your Order will contain the Service Levels, which we offer for the relevant Service.
All compensation is payable at our discretion. When we agree that compensation is payable (for example due to breakage whilst Goods are in our possession), the compensation will be paid at cost price.

Dangerous Goods

We are not approved to transport or store Dangerous Goods. You must disclose Dangerous Goods to us when the Order is placed. If we accept an Order for Services in relation to Dangerous Goods, it will be fulfilled by one of our Carriers and will be subject to the relevant Carrier’s Terms.

SAME DAY DELIVERY

1. Loading/Unloading

1.1. You acknowledge and agree that we are not obliged to provide any power, equipment (including hoisting apparatus) or labour to load or unload the Consignment from our vehicle.

1.2. At the time you make an Order, you must specify any special equipment that is required for loading, unloading and/or storing the Consignment. We will inform you if we are able to provide the specialist equipment for the loading and/or unloading of the Consignment at the times and locations specified in the Order or for storing the Consignment at our premises. If we are unable to provide you with the specialist equipment required you will be responsible for procuring that such equipment is available for use at the relevant times and locations specified in the Order for collection, delivery and/or Storage (as appropriate).

1.3. If we are instructed to load, unload or store any Consignment using special equipment which you have provided, then you shall indemnify us and hold us harmless against any Claims in respect of:

1. any loss of or damage to your property or equipment and/or any third party’s property or equipment; and/or
2. any personal injury or death arising out of the operation and/or use of the equipment by our representatives; in each case, unless our representatives operate and/or use the relevant equipment in a manner which is negligent or malicious.

2. Evidence of Possession of Consignment

2.1. You may request that our representative sign a document to acknowledge that we have taken possession of the Consignment.

2.2. If we sign the document pursuant to Section 2.1., you acknowledge and agree that such document cannot be used as evidence of the condition or the correctness of the declared nature, quantity or weight of the Consignment at the time it they are received by us.

2.3. We are required by HMRC to retain copies of C88 commercial invoices (C88 Administrative Documents) for any imported Consignments. It is your responsibility to furnish us with the correct and complete C88 Administrative Documents. We may refuse to accept a Consignment without the appropriate C88 Administrative Documents.

3. Transit

3.1. Transit commences when we take possession of the Consignment, whether at the collection address set out in the Order or at our premises.

3.2. Transit shall (unless otherwise previously determined) end when the Consignment is delivered to the delivery address set out in the Order and signed for by the Customer except that:

if no safe and adequate access or, if applicable, no adequate unloading facility exists at the delivery address, Transit shall end at the expiry of one hour after we have given notice to you by telephone (using the details you have provided) of the arrival of the Consignment at the relevant premises; or
when for any other reason whatsoever the Consignment cannot be delivered or when Consignment is held by us ”to be kept until called for” or upon any similar instructions and the Consignment is not called for and/or removed within a reasonable time determined by us, then Transit shall end at the expiry of this time period.

4. Undelivered/Unclaimed Goods

41. Where we are unable for any reason to deliver a Consignment to the Customer we will use reasonable endeavours to give notice to you and the Customer that the Consignment will be sold unless within the time specified in the notice (being a reasonable time in the circumstances), the Consignment is collected from us. After the expiry of the time specified in the notice, we may sell the Consignment or any part of it.

4.2. Where we sell the Consignment in accordance with Section 1, we will pay the proceeds to you after deducting all proper charges and expenses in relation to the Consignment and all outstanding charges in relation to the Services and the expenses incurred by us in relation to the Storage, insurance and sale of the Consignment. You acknowledge and agree that we have no further liability or responsibility to you in connection with the Consignment.

4.3. We shall use commercially reasonable endeavours to obtain a reasonable price for the Consignment.

5. Liability for Loss or Damage

5.1. Unless expressly agreed, we do not insure the Consignment and you shall self-insure or arrange to cover the Consignment against all insurable risks to their full insurable value (including all duties and taxes).

5.2. We will not be liable for any loss, mis-delivery of and/or damage to any Consignment or any part of a Consignment as a result of:

1. any seizure or forfeiture under legal process;
2. any act, omission, misstatement or misrepresentation by you, the owner of the Consignment, the Consignee or the representatives or agents of each of them;
3. any inherent vulnerability to wastage in bulk or weight, defect or inherent defect, natural deterioration or fragility of the Consignment (even if marked “Fragile”)
4. insufficient or improper packing;
5. insufficient labelling or addressing; or
6. the Consignee not taking or accepting delivery within a reasonable time after it has been made aware that the Consignment is available.

5.3. We shall not in any circumstances be liable for any loss or damage to the Consignment after Transit of such Consignment is deemed to have ended in accordance with Section 3 above.

5.4. We shall not in any circumstances be liable for perishable and temperature sensitive Goods. Perishable and temperature sensitive Goods are transported or stored at your own risk. We do not provide special handling or storage for such perishable or temperature sensitive Goods, regardless of whether they are marked as such.

5.5. When a Consignment is carried by a Carrier pursuant to Overnight and International Delivery Services, you acknowledge that the Consignment will be subject to the Carrier’s terms and conditions of insurance (if any).

6. Limitation of Liability

6.1. Subject to Section 5 of the Standard Terms and Conditions, our total aggregate liability arising out of or in connection with the provision of Same Day Services under any Order shall not exceed the lesser of:

1. the replacement value (cost price) of the cost price of the Goods that are actually lost or damaged; or
2. the cost of repairing any damage or reconditioning the Goods that are damaged; or
3. £15,000,

In each case, whether such loss or damage was due to our fault or negligence or that of any of our employees, agents or sub-contractors.

6.2. If you wish to arrange a higher level of liability in respect of any Consignment, then you should contact your local Service Centre about the available insurance policies.

7. Disclaimers

7.1. We shall not be liable for any:

1. damage to the whole or part of any Consignment unless we are given written notification of the damage on the day of delivery, or within twenty-four (24) hours of delivery where the Consignment has been delivered by a dedicated sameday vehicle, or the day of the end of the Transit (in accordance with Section 3).
2. loss to the whole or any part of the Consignment unless notification is made in writing within three (3) days after the end of the Transit (as determined in accordance with Section 3)

7.1. We shall not be liable for any loss of or damage to any Consignment to the extent that it is caused or contributed to by a breach of any of your or the Customer’s obligations, your or the Customer’s fraud, or by any of the circumstances by virtue of which we are relieved of our obligations under Force Majeure.

8. Indemnification

You shall indemnify and keep us indemnified against any loss, damage, claim or expense arising out of:

1. your or (if you are not the owner) the Consignment owner’s fraud, fraudulent or negligent misstatement, error, omission, misrepresentation;
2. incorrect or insufficient labelling or addressing of the Consignment;
3. all losses suffered by and third party claims made against us resulting from loss of or damage caused by or arising out of the Transit of Dangerous Goods whether or not declared by you as such;
4. all claims by HM Customs & Excise (or any other similar authority) against us in respect of a dutiable Consignment, consigned in bond whether or not Transit has ended or been suspended; and/or
5. all claims by a Customer relating to the Consignment, provided that we have not breached the Terms.

9. Unreasonable Detention

9.1. You are liable for the cost of unreasonable detention of any vehicle, loading equipment or other property belonging or leased to us, and we reserve the right to pursue claims against any other liable parties.

STORAGE AND FULFILMENT

1. Storage Procedure

1.1. Storage commences when the Goods are delivered to the address as identified in the Order (fulfilment centre or warehouse).

1.2. You must provide at least 24 hours’ written notice (in the form provided on despatchlab™) before sending Goods to a warehouse.

1.3. You are responsible for providing import documentation (C88) prior to Goods arriving from outside the United Kingdom in accordance with the HMRC fulfilment centre due diligence scheme:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/507610/Fulfilment_House_Due_Diligence_Scheme_-_HMRC_consultation.pdf

1.4. The nature of the Goods may require you to sign a stock waiver and/or a goods in waiver (when the packaging of the Goods means that it is not possible for us to ascertain the quantity accurately). If you have not signed a waiver, we will:

1. count the outer cartons and check for obvious damage. Any damage will be recorded on the delivering company’s proof of delivery, and you will receive notification; and
2. fulfil any other obligations set out in the reporting Service Levels in the Order ie: we may record batch numbers or serial numbers on a warehouse management system accordingly.

1.5. Goods must remain adequately insured at all times while they are in Storage for their replacement value. You hereby warrant that such cover is in place, that you will not allow or cause such cover to lapse and that the aggregate value of Goods in a warehouse from time to time will not exceed the replacement value. We do not give any advice concerning insurance cover given by any policy and you must make your own judgment as to adequacy of cover.

2. Allocated Storage

2.1. Your Storage space and Storage charges will be recorded in your Order.

2.2. We reserve the right to charge you an inventory storage overage fee if you exceed the storage limits which are set out in your Order.

2.3. You may request that we take an inventory of Goods at any time. We will complete the inventory in line with Service Levels and in accordance with standard charges (available on the Website). We will record, investigate and inform you of any discrepancies.

3. Removing Goods from Storage; Lien

3.1. You must provide at least 14 days’ written notice (in the form provided on despatchlab™)to remove Goods. Any other requests to remove Goods from the warehouse will be considered on a case by case basis.

3.2. All invoices must be settled in full before Goods are released. Storage charges will continue to accrue on any outstanding invoices and must be paid prior to Goods being released.

3.3. We have a lien over the Goods, and will be entitled to retain possession over the Goods until all monies owed to us are paid.

3.4. Where such lien is not satisfied within a reasonable time, we may, in our absolute discretion, sell the Goods or any part of them as your agent. We will pay the proceeds of the sale to you after deducting all proper charges and expenses in relation to the Goods and of all outstanding charges in relation to the Services and the expenses incurred by us.

3.5. Following the sale pursuant to Section 4 you acknowledge that we have no further liability or responsibility to you whatsoever in connection with the Goods.

4. Disclaimers

4.1. We accept no liability for stock discrepancies reported in transit, stock discrepancies at time of delivery or during any time that we hold Goods for you in a warehouse.

4.2. Goods are stored at your sole risk and responsibility. You shall be responsible for and bear the risk of theft, damage to, and deterioration of the Goods caused by any reason (other than our breach of the Terms).

4.3. We make no warranty or representation that any warehouse is suitable for any particular Goods and we accept no liability in this regard.

5. Indemnification

5.1. You shall indemnify and keep us indemnified against any loss, damage, claim or expense arising out of your use of the warehouse, including but not limited to ownership or Storage of Goods in the warehouse, the Goods themselves and/or any other third party claims arising out of the Storage.

NEXT DAY AND INTERNATIONAL DELIVERY

1. Third Party Partners

1.1. We may sub-contract any part of the Services to a Carrier in accordance with Section 8.1 of the Terms and Conditions. The Carriers are listed on our Website (as may be amended from time to time).

1.2. If a Carrier is required, the relevant Carrier will be identified when you place an Order in accordance with Section 3 of the Standard Terms and Conditions,

1.3. We will not be responsible and liable for the acts and omissions of any Carrier that we engage to perform the Services, the portion of the Services which is sub-contracted to the Carrier is subject to the relevant Carrier’s own terms and conditions. You should refer to the service levels which are set out in the relevant Carrier’s terms and conditions, and contact the Carrier if there is a breach of these.

2. International Taxes and Duties

2.1. In accordance with Section 4.9 of the Terms and Conditions, you shall be responsible for the payment of any import or export taxes and duties.

2.2. You shall indemnify and keep us indemnified against any loss, damage, claim or expense arising out of all claims by any tax and duties authority against us in respect of a dutiable Consignment, consigned in bond whether or not Transit or Storage has ended or been suspended.