All business is transacted in accordance with the current standard trading conditions of the British International Freight Association, copy available here.
- These Terms and Conditions will apply to the purchase of the services by you (the Customer or Company or you) and govern the website www.zencargo.com. We are Worldwide Freight Logistics Limited whose trading name is Zencargo a company registered in England and Wales under number 10551180 whose registered office is at Sweeps Building, 6-7 St Cross Street, EC1N 8UA with email address email@example.com and telephone number 0208 068 7400; (the Supplier or us or we).
- By using the website, you agree for yourself and for your company to fully comply with and be bound by these Terms & Conditions each time you use the website. Thus, please review the following Terms & Conditions carefully, before you start using the website, and if you cannot agree to these Terms & Conditions, please leave the website and do not use the Services (defined below).
- The terms “us ” or “we” or “our” or “Supplier” or “Zencargo” refers to Worldwide Freight Logistics Limited, the owner of the website.
- The terms “you” or “yourself” or “user” refers to a person or company browsing the website or a person or company who has registered with the website to use the Service.
- The term “Service” means the services advertised on the Website.
- Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website;
- Contract means the legally-binding agreement between you and us for the supply of the Services;
- Website means our website www.zencargo.com on which the Services are advertised.
- All text, information, graphics, audio, video, and data offered through the website, whether free to all or part of the paid Service, are collectively known as “Content”.
- The quotes and prices on this site are only guides and Zencargo may not offer these to you. Zencargo reserves the right to decline any booking at its sole discretion.
- All Services which appear on the Website are subject to availability.
- We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
- All business is transacted in accordance with the current standard trading conditions of the British International Freight Association (copy available here) with the following additional clause:
- The Company has currently removed any requirement that consignments are delivered against signed receipts. The Customer agrees that the Consignee will take reasonable steps to ensure that its staff or the staff of any third party receiving the Goods on the Consignee’s behalf will provide their name and job title to the Company’s representative on delivery for the purposes of confirming delivery of the Goods. The Customer further agrees that in all cases photographic evidence of the Goods at their intended destination shall be good evidence of delivery and the condition of the Goods on delivery.
- You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
- Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
Personal Information and Registration
- When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
- We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
- The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.
- Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 1 day from its date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless it is one of the Fee Variation amounts described in Section 27 below or otherwise unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Fees and Payment
- The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges that are set out on the Website at the date we accept the Order, or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
- Fees are subject to Fee Variation, which can increase the Fees for the Services even after the date that the Order was accepted. These are for fees, costs and surcharges that cannot be known at the time we accept the Order, including, but not limited to, duties, taxes, ancillary charges, demurrage fees, shipping surcharges (such as BAF, CAF, War Risk, Fuel Surcharges and other) and any other fee that we deem to be unable to define at the date we accept the order.
Fees and charges include VAT at the rate applicable at the time of the Order and shall be paid in line with the terms stated on your invoice.
- The Contract continues as long as it takes us to perform the Services.
Successors and our sub-contractors
- Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
- The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
If at any time the performance of the Services is or will be affected by any hindrance, risk, delay, difficulty or disadvantage of whatsoever kind (including the condition of the Goods or an Underlying Carrier becoming insolvent) which cannot be avoided by the exercise of reasonable effort, the Carrier may, without notice to the Merchant and whether or not the Services have commenced, elect to either:
(a) treat the performance of the Services as terminated and place the Goods at the Merchant’s disposal at any place which the Carrier shall deem safe and convenient, whereupon delivery shall be deemed to have been
made and the responsibility of the Carrier in respect of such Goods shall cease; or
(b) without prejudice to the Carrier’s continuing right to abandon the Services under clause (a) continue with the carriage of the Goods to the place designated for delivery. In any event the Carrier shall be entitled to full Freight for Goods received for Services and additional compensation for any extra costs resulting from the circumstances referred to above in this clause.
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.
- We aim to follow these codes of conduct, copies of which you can obtain here.
- These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).