Sub-contractors Terms & Conditions

BROWNS ASR LIMITED (trading as The Backload Network) SUBCONTRACTED CARRIAGE TERMS & CONDITIONS

1. INTERPRETATION

1.1 'Company' means Browns ASR Limited trading as The Backload Network.
1.2 'Subcontractor' means any person or entity engaged by the Company.
1.3 'Customer' means any customer introduced by the Company.
1.4 'Goods' means any items carried, handled or stored.
1.5 'Services' means any transport, removals, courier, haulage, logistics or related services.
1.6 'Assignment' means any booking, work instruction, collection, delivery or service allocated by the Company together with the applicable rate, payment terms and operational requirements notified to the Subcontractor.

2. APPLICATION OF TERMS

2.1 These Terms apply to every Assignment.
2.2 Acceptance of any Assignment, website registration, portal registration or provision of Services constitutes acceptance of these Terms.
2.3 These Terms prevail over any terms proposed by the Subcontractor unless agreed in writing by a Director of the Company.

3. INDEPENDENT CONTRACTOR

3.1 The Subcontractor acts as an independent contractor.
3.2 Nothing creates employment, partnership or agency.
3.3 The Subcontractor is responsible for all taxes, wages, pensions, licences and operating costs.

4. COMPLIANCE

4.1 The Subcontractor shall comply with all applicable laws and regulations.
4.2 The Subcontractor shall maintain all licences, authorisations and approvals required to perform the Services.

5. DRIVERS

5.1 Drivers must hold appropriate licences and qualifications.
5.2 Drivers must be legally entitled to work in the United Kingdom.
5.3 Drivers shall behave professionally and courteously.

6. VEHICLES

6.1 Vehicles must be roadworthy and legally compliant.
6.2 Vehicles must be appropriately equipped, maintained and insured.
6.3 Vehicles shall be suitable for the Assignment.

7. INSURANCE

7.1 The Subcontractor shall maintain Goods in Transit, Public Liability, Motor and Hire & Reward Insurance and Employers' Liability Insurance where required.
7.2 Minimum Goods in Transit cover shall be £25,000 for vehicles up to 3.5 tons and £55,000 for vehicles over 3.5 tons.  Additional insurance may be required on specific jobs.
7.3 Renewal certificates shall be supplied on request.
7.4 Any lapse, cancellation or material change must be reported immediately.

8. SERVICE STANDARDS

8.1 Services shall be performed with reasonable care, skill and diligence.
8.2 Delays, incidents and complaints must be reported immediately.
8.3 Proof of Delivery shall be obtained where required.

9. COLLECTIONS AND DELIVERIES

9.1 The Subcontractor shall attend as instructed.
9.2 Goods shall be loaded, secured, transported and delivered safely.
9.3 Site rules and customer instructions shall be followed.

10. REMOVALS & COURIER SERVICES

10.1 Suitable protective materials and handling equipment shall be used.
10.2 Property shall be protected during removals operations.

11. FREIGHT AND HAULAGE

11.1 Loads shall be legally secured.
11.2 Applicable weight limits and transport regulations shall be observed.

12. PROHIBITED GOODS

12.1 Unless authorised in writing, prohibited goods include hazardous substances, explosives, firearms, illegal goods, cash, securities, jewellery and precious metals.

13. LOSS, DAMAGE AND CLAIMS

13.1 The Subcontractor shall be liable for loss, theft, deterioration, mis-delivery or damage whilst Goods are in its custody or control.
13.2 Incidents must be reported immediately and within 24 hours at the latest.
13.3 The Subcontractor shall cooperate fully with investigations.

14. INDEMNITY

14.1 The Subcontractor shall indemnify the Company against all losses, liabilities, costs and claims arising from breach, negligence, misconduct, insurance failures or unlawful conduct.

15. CHARGES AND PAYMENT

15.1 Rates shall be agreed on a job-by-job basis unless otherwise agreed in writing between the Company and the Subcontractor.
15.2 Payment terms shall be either:
a) as specified by the Company at the time the Assignment is offered and accepted by the Subcontractor; or
b) where applicable, in accordance with any separate written subcontractor agreement entered into between the Company and the Subcontractor.
15.3 Acceptance of an Assignment shall constitute acceptance of the rate and payment terms applicable to that Assignment.
15.4 The Company reserves the right to withhold, defer, reduce or offset payment where:
- Required documentation has not been supplied;
- Proof of Delivery has not been supplied where required;
- A claim, complaint or investigation remains unresolved;
- The Services have not been completed in accordance with the Assignment requirements; or
- The Subcontractor is in breach of these Terms.
15.5 The Subcontractor shall not be entitled to charge interest, administration fees, debt recovery costs or other charges unless expressly agreed in writing by the Company.

16. WAITING TIME

16.1 Up to 3.5 tonnes: first 30 minutes free at each site, thereafter maximum £15 per hour chargeable in 15-minute intervals.
16.2 7.5 to 26 tonnes: first 1 hour free at each site, thereafter maximum £25 per hour chargeable in 15-minute intervals.
16.3 Over 26 tonnes: first 2 hours free at each site, thereafter maximum £35 per hour chargeable in 15-minute intervals.
16.4 All waiting time is subject to approval and proof of arrival.

17. CANCELLATION CHARGES

17.1 Up to 25% after confirmation.
17.2 Up to 50% once the vehicle has begun it journey.
17.3 Up to 100% after dispatch or attendance.

18. CUSTOMER OWNERSHIP, NON-CIRCUMVENTION AND DIRECT DEALING

18.1 Customers introduced by the Company remain customers of the Company.
18.2 The Subcontractor shall not solicit, approach, quote to, contract with or provide services to introduced customers.
18.3 This restriction applies for 24 months from the last Assignment involving that customer.
18.4 The Company reserves all legal remedies for breach.

19. CONFIDENTIALITY

19.1 Commercial, customer and operational information shall remain confidential.

20. DATA PROTECTION

20.1 The Subcontractor shall comply with UK GDPR, the Data Protection Act 2018 and any replacement legislation.

21. AUDIT RIGHTS

21.1 The Company may request compliance, insurance, licence, vehicle and operational documentation at any reasonable time.

22. SUSPENSION

22.1 The Company may suspend the Subcontractor immediately where concerns arise regarding insurance, compliance, conduct, safety or service standards.

23. REMOVAL FROM NETWORK

23.1 The Company may remove the Subcontractor from the network at its absolute discretion.

24. LIMITATION OF LIABILITY

24.1 Nothing excludes liability that cannot legally be excluded.
24.2 Subject to clause 24.1, the Company shall not be liable for indirect or consequential losses.

25. FORCE MAJEURE

25.1 Neither party shall be liable for delay caused by events beyond its reasonable control.

26. SEVERANCE

26.1 If any provision is found unenforceable, the remainder shall continue in full force and effect.

27. ENTIRE AGREEMENT

27.1 These Terms constitute the entire agreement between the parties.

28. GOVERNING LAW

28.1 These Terms are governed by the laws of England & Wales.
28.2 The Courts of England & Wales shall have exclusive jurisdiction.