Trading terms

1When these terms apply

These terms apply to every quotation we give and every service we provide: ocean freight, groupage, container haulage, customs clearance and warehousing. “We” means Norholm Freight Ltd, registered in England and Wales, number 01173392, of Norholm House, Ferryboat Lane, Felixstowe, Suffolk, IP11 3RX. “You” means the business that instructs us.

They apply in place of any terms on your purchase orders or other documents, unless a director of Norholm has agreed otherwise in writing.

2Our trading conditions

All business is carried out under the industry standard trading conditions for UK freight forwarders, in the edition current on the date you instruct us (“the Conditions”). They set out our obligations and yours, limit our liability and give us a lien over goods for unpaid charges.

A copy of the Conditions accompanies every quotation and account application, and the desk will send one on request. Please read them: they contain clauses that limit or exclude our liability, and clauses that require you to indemnify us.

3Agent or principal

Usually we act as your agent: we arrange carriage, storage and clearance with shipping lines, terminals and other providers on your behalf, and their own terms apply to the services they perform. Where we carry goods on our own trucks, store them at Trimley or issue our own transport document, we act as principal for that part of the service.

4Quotations and rates

• Quotations are valid for the sailing or period stated on them, or for 14 days if no period is stated, and are subject to space and equipment being available when you book.
• Rates are based on the details you give us. A change in weight, dimensions, commodity, route or dates may change the price.
• Shipping lines can change fuel, security, peak and currency surcharges at short notice. We pass these on at cost and tell you before we invoice.
• Unless stated, quotations exclude duty, VAT, inspection and examination charges, storage, demurrage and detention.

5What we need from you

You are responsible for giving us complete and accurate information in time to meet cut-offs, including:

• a full description of the goods, their commodity codes, values and country of origin;
• the verified gross mass of each packed container, before the line’s cut-off;
• packing and securing suitable for sea and road transport;
• any licences, certificates or permits the goods need.

Costs, fines or delays caused by missing or inaccurate information are payable by you.

6Dangerous goods

Goods that are hazardous under the IMDG Code or road transport rules must be declared to us in writing before booking, with a completed dangerous goods note and safety data sheet. We may refuse or charge extra for them. Undeclared dangerous goods may be stopped, destroyed or returned at your cost, and you remain liable for any loss or damage they cause.

7Customs, duty and VAT

When we lodge customs declarations for you, we do so as your representative under the authority you give us. Unless we agree otherwise in writing, we act as your direct representative, which means you remain the declarant and are liable for the customs debt.

• Duty, import VAT and excise are payable by you. Where you have a deferment account, they are charged to it. Where we pay them on your behalf, payment is due before the goods are released unless your account has approved credit.
• Postponed VAT accounting is used on import entries where you are eligible and have asked us to.
• Amounts later demanded by HMRC on an entry, including post-clearance demands, are payable by you, except where caused by our negligence.

8Our liability

Our liability is limited as set out in the Conditions. In summary:

• For loss of or damage to goods, our liability is limited to a fixed amount per kilogram of the gross weight of the goods lost or damaged, expressed in Special Drawing Rights (SDR) as stated in the Conditions.
• Our total liability on any one transaction is also capped at an overall amount stated in the Conditions.
• We are not liable for delay, or for indirect or consequential loss such as loss of profit or market, except as the Conditions provide.

These limits can be much lower than the value of your goods. If you need cover above them, you can ask us in writing before shipment to accept a higher liability for an extra charge, or insure the goods (see below).

9Cargo insurance

Your goods are not insured by us unless you ask us in writing to arrange cargo insurance and we confirm it. We arrange cover as your agent with an insurer, on the insurer’s terms, and the premium is added to your invoice.

10Storage, demurrage and detention

Storage at our Trimley warehouse is charged per pallet per week, or part week, from the day goods are received. Goods held under bond are released only once duty has been paid or secured.

Shipping lines and terminals charge demurrage and detention when a container is held beyond its free time, for example while waiting for documents, payment or a delivery slot. These charges are passed on at cost when the delay is not caused by us.

11Payment

• Account customers pay within 30 days of the invoice date. Other customers pay before goods are released or delivered.
• Freight is earned once the goods are shipped and is payable whether or not they arrive.
• Duty, VAT and other sums we pay out on your behalf are payable on demand.
• We may charge interest and compensation on late payments under the Late Payment of Commercial Debts (Interest) Act 1998.
• You may not withhold or set off payment because of a claim against us.

Invoices and statements come from accounts@norholm.co.uk. Our bank details never change by email: if you receive a message saying they have, call the desk on 01632 960418 before paying.

12Claims and time limits

• Note any visible loss or damage on the delivery receipt, and photograph it before the goods are moved.
• Tell us in writing within 14 days of delivery, or of the date the goods should have been delivered.
• Keep the goods and packaging available for inspection until the claim is settled.

Claims made outside the time limits in the Conditions are barred, and any legal proceedings must be started within the period the Conditions allow, usually nine months.

13Governing law

These terms, the Conditions and any dispute arising from them are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.