Driver and Subcontractor Terms and Conditions

Synergix Sameday Solutions Ltd

These Driver and Subcontractor Terms and Conditions apply to all transport, courier, haulage, delivery, collection, handling, storage, return, transfer and related services carried out for or on behalf of Synergix Sameday Solutions Ltd.

Synergix Sameday Solutions Ltd
Company number: 15231055
VAT number: GB 376935643
Registered office: 68 Nottingham Road, Eastwood, Nottingham, England, NG16 3NQ
Trading address: Unit 73, Bedford Street, Stoke-on-Trent, ST1 4PZ

1. Acceptance of Terms

1.1 By accepting any booking, load, collection, delivery, route, instruction or subcontracted work from Synergix Sameday Solutions Ltd, whether by telephone, email, WhatsApp, text message, transport platform, PDA, app, written instruction or verbal agreement, you agree to be bound by these terms.

1.2 These terms apply unless Synergix agrees a specific variation in writing before the work starts.

1.3 Acceptance of a load confirms that you have the correct vehicle, driver, insurance, legal authority, equipment, PPE, competence and ability to complete the work properly, lawfully and on time.

1.4 Where there is any conflict between these terms and any terms issued by the subcontractor, driver, platform, broker or third party, these terms shall take priority unless Synergix expressly agrees otherwise in writing.

1.5 No subcontractor terms, invoice terms, platform terms or standard trading conditions shall apply unless expressly accepted in writing by Synergix.

2. Independent Contractor Status

2.1 You operate as an independent contractor and are responsible for your own vehicle, drivers, fuel, maintenance, insurance, licences, tax, National Insurance, equipment, compliance, costs and expenses.

2.2 Nothing in these terms creates a contract of employment, worker relationship, agency, partnership or joint venture between you and Synergix.

2.3 You are responsible for ensuring that any driver, employee, substitute driver, subcontractor, helper or representative used by you complies fully with these terms.

2.4 You are free to accept or decline work offered by Synergix. Once a booking is accepted, you are responsible for completing it properly and in line with all agreed instructions.

2.5 You remain fully responsible for all acts, omissions, failures, negligence and conduct of anyone carrying out work on your behalf.

3. Performance of Work

3.1 All work must be carried out safely, professionally, lawfully and to a standard expected of a competent courier, haulier or logistics subcontractor.

3.2 You must follow all booking instructions provided by Synergix, including collection times, delivery times, delivery windows, customer instructions, site rules, load requirements, contact instructions, paperwork requirements and POD requirements.

3.3 You must not deviate from the agreed work, route or instructions where doing so may affect service, timing, security, load integrity or customer requirements, unless Synergix gives approval.

3.4 Where a route includes multiple deliveries, collections, returns, transfers or other movements, it is your responsibility to ensure every item on the manifest, PDA or instruction is completed unless Synergix confirms otherwise in writing.

3.5 Drivers must check all paperwork, PDA instructions and manifests before leaving any collection or delivery site.

3.6 Failure to collect all allocated goods, returns, transfers, paperwork or items may result in payment deduction, non-payment of the affected element, recovery of additional costs and removal from future work.

3.7 Synergix expects drivers to take ownership of the job once accepted. Problems must be reported early, clearly and honestly. Silence, guesswork or late reporting will not be accepted.

4. Dedicated Vehicle and Co-loading

4.1 Unless Synergix agrees otherwise in writing, all same day and dedicated vehicle work must be treated as dedicated work.

4.2 You must not co-load, trans-ship, cross-dock, transfer, store, consolidate or mix Synergix goods with other customer goods unless Synergix has approved this in advance.

4.3 Any unauthorised co-loading, trans-shipment, storage, consolidation or deviation may result in cancellation of payment, recovery of losses, insurance claim recovery and termination of your approved subcontractor status.

4.4 Where a dedicated vehicle is booked, the vehicle must remain dedicated to that job unless Synergix gives written permission otherwise.

5. Communication and Status Updates

5.1 You must keep Synergix updated throughout the job.

5.2 You must notify the Synergix control office immediately if:

a. you are delayed or expect to be delayed;
b. you may miss a collection time;
c. you may miss a delivery time or delivery slot;
d. there is an issue at collection or delivery;
e. goods are damaged, short, refused, inaccessible or incorrect;
f. the customer asks you to do anything outside the agreed instruction;
g. the address, contact, access point or timing changes;
h. you cannot complete any part of the manifest;
i. your vehicle breaks down or becomes unsuitable;
j. you are stopped, delayed or restricted by enforcement, road closure, accident or site issue;
k. there is any actual or suspected security issue;
l. any seal, lock, curtain, door, trailer or load space is damaged, broken, missing or interfered with.

5.3 Failure to notify Synergix promptly may result in payment deductions, non-payment of the affected job, recovery of additional costs and removal from future work.

5.4 Drivers must not wait until after a delivery has failed before notifying Synergix of an issue that could reasonably have been reported earlier.

5.5 All communication must be honest, accurate and timely. False updates, misleading information or failure to report problems are serious breaches of these terms.

6. PDA, App and Proof Systems

6.1 Where Synergix provides or requires use of a PDA, app, tracking link, portal, job board, electronic manifest or digital POD process, use of that system is mandatory.

6.2 Drivers must update job statuses accurately and in real time, including arrival, loaded, departed, delivered, refused, collected, failed, returned or any other required status.

6.3 False, late, incomplete or misleading PDA updates are a serious breach of these terms.

6.4 Drivers must not switch off tracking, location services or required job communication during an active booking.

6.5 Where the PDA or app fails, the driver must immediately contact Synergix and follow the backup process given by the control office.

6.6 Failure to use the PDA, app or required system properly may result in withheld payment, delayed payment, recovery of losses and removal from future work.

7. Waiting Time and Demurrage

Vans

7.1 The first 30 minutes at collection and the first 30 minutes at delivery are included in the agreed rate.

7.2 Additional waiting time is charged at £5.00 per 15 minutes, provided that the waiting time is approved and properly evidenced.

7.3 To claim waiting time, you must notify Synergix within 30 minutes of arrival and continue to provide updates if the waiting continues.

HGVs

7.4 The first 60 minutes at collection and the first 60 minutes at delivery are included in the agreed rate.

7.5 Additional waiting time is charged at £30.00 per hour, provided that the waiting time is approved and properly evidenced.

7.6 To claim waiting time, you must notify Synergix within 45 minutes of arrival and continue to provide updates if the waiting continues.

General Waiting Time Rules

7.7 Waiting time will not be paid where:

a. the driver failed to notify Synergix within the required time;
b. the driver arrived late;
c. the driver attended the wrong site or wrong entrance;
d. the vehicle, driver, paperwork or PPE was not compliant;
e. the delay was caused by the driver or subcontractor;
f. the driver failed to follow site instructions;
g. the waiting time was not approved or evidenced.

7.8 Synergix may reject any waiting time claim that is not supported by PDA times, site records, emails, messages, photographs, GPS records or other evidence reasonably required by Synergix.

8. Delivery Time Compliance

8.1 Time is critical in same day courier and haulage work.

8.2 No demurrage or waiting time will be accepted where a delivery window is missed due to the driver, subcontractor, vehicle, poor planning, lack of communication or any issue within your control.

8.3 If a delivery is rejected because it is late, Synergix may require the goods to be returned, redirected or held, and no additional payment shall be due where the lateness was caused by you or your driver.

8.4 If a delivery slot is missed, or is expected to be missed by more than 60 minutes, Synergix may cancel the load, reassign the job to another vehicle and withhold payment for the affected work where this is necessary to protect customer service.

8.5 Synergix may waive or vary this clause where the delay was genuinely unforeseeable, unavoidable, properly communicated and outside your reasonable control.

9. Delays, Service Failure and Payment Adjustments

9.1 If you fail to notify Synergix of a delay after loading, Synergix may apply the following agreed service failure deductions:

a. Vans: £10.00 per hour;
b. HGVs: £20.00 per hour.

9.2 These deductions are agreed as a reasonable commercial protection for Synergix due to the operational disruption, customer escalation, control office time, reputational risk and potential service failure caused by poor communication.

9.3 These deductions do not limit Synergix’s right to recover any greater actual loss, customer charge, failed delivery cost, replacement vehicle cost, claim, complaint or other cost caused by your breach.

10. Collections, Manifests and Returns

10.1 Drivers must ensure that all deliveries, collections, returns, transfers, paperwork, pallets, parcels, cartons, bags and other items shown on the manifest, PDA, route sheet or instruction are completed.

10.2 Drivers must check the load, paperwork and PDA before leaving any collection or delivery site.

10.3 If anything is missing, unavailable, damaged, refused, not ready, incorrectly labelled or unclear, the driver must contact Synergix immediately before leaving site.

10.4 Failure to collect required goods, returns or transfers may result in:

a. non-payment of the affected element;
b. recovery of additional vehicle costs;
c. recovery of customer charges;
d. recovery of any handling, storage or redelivery costs;
e. removal from future work.

10.5 Drivers must not leave any collection or delivery site where an issue exists unless Synergix has been contacted and has given instruction.

11. Proof of Delivery and Paperwork

11.1 PODs must be completed and submitted within 24 hours of job completion unless Synergix requires them sooner.

11.2 Synergix may require PODs to be submitted before the driver leaves the delivery site.

11.3 A valid POD must include, where applicable:

a. delivery date and time;
b. full delivery address;
c. printed name of receiver;
d. signature or approved electronic confirmation;
e. photographs where required;
f. quantities delivered;
g. condition notes;
h. seal numbers where applicable;
i. refusal reason where applicable;
j. any customer reference required by Synergix.

11.4 Payment is not due until a valid POD and all required paperwork have been received and accepted by Synergix.

11.5 Failure to provide a valid POD within the required time may result in payment being withheld, delayed or rejected, particularly where Synergix cannot invoice the customer or prove delivery.

11.6 Any false, altered, misleading or fabricated POD is a serious breach and may result in non-payment, recovery of losses, termination and reporting to relevant authorities where appropriate.

12. Wrong or Updated Delivery Address

12.1 If the delivery address changes after collection, you must contact Synergix immediately and wait for instruction.

12.2 No additional charge is payable unless Synergix approves it before the extra mileage or work is carried out.

12.3 Where approved, the additional charge will be calculated by reference to the agreed original rate, mileage and the additional work required, unless a different rate is agreed in writing.

12.4 If you continue to a new address without Synergix approval, Synergix may reject any additional charge.

13. Rejected Deliveries and Returns

13.1 If a delivery is refused, rejected, inaccessible or cannot be completed, you must contact Synergix immediately before leaving the delivery site.

13.2 You must obtain the name of the person refusing the delivery, the reason for refusal, photographs where possible and any refusal paperwork available.

13.3 You must not return goods, redirect goods, store goods or leave site unless instructed by Synergix.

13.4 Where a delivery is refused for reasons outside your control, and Synergix instructs you to return the goods to the original collection point, Synergix will pay a maximum of 75% of the original agreed rate for the return movement.

13.5 The 75% return rate includes all mileage, time, fuel and costs involved in the return unless Synergix agrees otherwise in writing before the return journey starts.

13.6 No return payment is due where rejection or failure is caused by:

a. late arrival;
b. damage;
c. missing goods;
d. wrong vehicle;
e. non-compliant driver;
f. failure to follow instructions;
g. lack of PPE;
h. poor conduct;
i. unauthorised co-loading;
j. any other breach by you or your driver.

14. Alcohol, High Value and Theft Attractive Loads

14.1 All alcohol, tobacco, high value, branded, theft attractive, regulated or customer nominated high risk goods must be treated as high security loads.

14.2 Where a vehicle or trailer is carrying alcohol, it must not be parked, stopped for a planned break, rested, left unattended, stored overnight or held between collection and delivery unless it is parked in a secure compound approved by Synergix or the customer.

14.3 For the purpose of these terms, a secure compound means a properly controlled parking area which is fenced, gated, locked or access controlled and, where available, covered by CCTV, security patrols or site security.

14.4 The following locations are not classed as secure compounds unless Synergix has expressly approved them in writing before parking:

a. laybys;
b. motorway service areas;
c. retail parks;
d. industrial estate roads;
e. hotel car parks;
f. residential streets;
g. unsecured yards;
h. public roads;
i. any location where the driver cannot properly protect the vehicle or load.

14.5 If a driver carrying alcohol or high risk goods needs to stop, wait, park, rest, break, overnight, change route, delay or leave the vehicle for any reason, the driver must notify Synergix immediately and obtain approval before doing so.

14.6 The vehicle must remain locked, alarmed where fitted and secured at all times. Keys must not be left in or near the vehicle. Curtains, doors, seals, locks, straps and load areas must be checked regularly and immediately after any stop.

14.7 Any seal, lock, curtain, door, trailer, load space or security concern must be reported to Synergix immediately. The driver must not continue unless instructed to do so.

14.8 Failure to comply with any alcohol, secure parking, high value load or security requirement is a serious breach of these terms.

14.9 Where failure to comply with this clause causes or contributes to any loss, theft, shortage, contamination, damage, delay, insurance refusal, customer claim, failed delivery or rejected delivery, Synergix may pursue the subcontractor for the full load value and all associated losses.

14.10 The subcontractor must not accept an alcohol or high risk load unless they have suitable insurance, suitable vehicle security, suitable driver procedures and access to secure compound parking where required.

15. Driver Rest, Overnight Parking and Unattended Vehicles

15.1 Drivers must plan routes, breaks and rest periods properly before accepting work.

15.2 Where a job may require an overnight stop, rest break or unattended parking, the subcontractor must confirm this to Synergix before accepting the job.

15.3 No vehicle carrying alcohol, high value goods, tobacco, theft attractive goods or customer nominated high risk goods may be parked overnight or left unattended unless parked in a secure compound approved by Synergix.

15.4 If no secure compound is available, the subcontractor must contact Synergix immediately for instructions. The driver must not make their own decision to park in an unsecured location.

15.5 Any breach of this clause may result in full liability for the load, including full load value and all associated losses where the breach causes or contributes to the loss.

16. Cancellations by Synergix

16.1 Cancellation charges apply only where Synergix confirms they are payable or where the cancellation falls within the structure below.

16.2 Unless otherwise agreed in writing:

a. cancellation the day before delivery or collection: 0% charge;
b. cancellation up to 4 hours before collection: 25% of the agreed rate;
c. cancellation after arrival on site: 50% of the agreed rate plus approved waiting time accrued.

16.3 Synergix may override or reject cancellation charges where:

a. the vehicle was late;
b. the vehicle was unsuitable;
c. the driver was non-compliant;
d. the driver failed to make contact;
e. the booking was cancelled due to customer instruction outside Synergix’s control;
f. the booking was cancelled due to incorrect information provided by the subcontractor;
g. the subcontractor has not suffered a genuine commercial loss.

16.4 Cancellation charges do not apply where you have breached these terms or where Synergix has had to reassign the job to protect service.

17. Cancellations or Missed Collections by Subcontractor

17.1 Once you accept a booking, you must attend and complete it unless Synergix releases you from the work.

17.2 If you cancel, fail to attend, attend late, attend with the wrong vehicle, attend without the required equipment or fail to complete the work, Synergix may:

a. cancel the booking without payment;
b. recover the cost of a replacement vehicle;
c. recover any customer charges or losses;
d. deduct reasonable administration and control office costs;
e. suspend or remove you from future work.

17.3 If a scheduled collection is missed without prior notification and approval, no payment will be due.

18. Handball and Additional Work

18.1 Unless agreed otherwise, the rate covers standard collection and delivery only.

18.2 Handball, loading, unloading, pallet breakdown, room of choice, two-man work, dismantling, assembly, waiting, sorting, labelling, waste handling, returns handling or any other additional work must be agreed with Synergix before being carried out.

18.3 Handball charges, where approved, are £5.00 per 250kg or per pallet, whichever is greater.

18.4 Any extra work carried out without prior approval may not be paid.

18.5 Drivers must not agree extra work directly with the customer unless Synergix has authorised it.

19. Conduct and Behaviour

19.1 Drivers must behave professionally at all times.

19.2 The following are strictly prohibited:

a. rude, abusive, aggressive or inappropriate behaviour;
b. swearing at customers, site staff, Synergix staff or members of the public;
c. arguing with customers or site staff;
d. complaining on site about routes, rates, timings, planning or Synergix instructions;
e. discussing Synergix rates, margins, customers or internal arrangements;
f. refusing reasonable site instructions;
g. damaging customer relationships;
h. threatening behaviour;
i. discrimination, harassment or bullying;
j. conduct that brings Synergix into disrepute.

19.3 Any breach of this clause may result in immediate job cancellation, non-payment of the affected work, removal from future work and recovery of losses.

20. Customer Contact and Confidentiality

20.1 You must not contact Synergix customers directly unless authorised by Synergix or unless contact is necessary to complete the agreed delivery or collection.

20.2 You must not use customer contact details for any purpose other than completing the specific job instructed by Synergix.

20.3 You must not disclose Synergix rates, customer details, operational processes, routes, volumes, contacts, systems, documents, job information or commercial information to any third party.

20.4 You must not approach, solicit, canvas, supply, quote, accept work from or attempt to contract directly with any Synergix customer, customer contact, site, supplier or lead introduced to you through Synergix for a period of 12 months from the last date you carried out work for Synergix.

20.5 This restriction does not apply where you can prove a genuine, active and pre-existing trading relationship with that customer before Synergix introduced or instructed you.

20.6 Any breach may result in legal action, injunctive relief, recovery of lost profit, recovery of management time, recovery of legal costs and termination of your approved subcontractor status.

21. Non-Solicitation of Staff, Drivers and Contractors

21.1 You must not directly or indirectly solicit, employ, engage, poach or attempt to engage any Synergix employee, driver, subcontractor, customer contact, supplier or representative introduced to you through Synergix for 12 months after your last work for Synergix.

21.2 This clause is intended to protect Synergix’s legitimate business relationships, customer goodwill, driver network and confidential information.

22. Insurance Requirements

22.1 You must maintain valid and active insurance at all times while working for Synergix.

22.2 You must provide insurance documents whenever requested by Synergix.

Goods in Transit Insurance

22.3 Vans must carry Goods in Transit insurance with a minimum cover of £45,000.

22.4 HGVs must carry Goods in Transit insurance suitable for the work undertaken and, where applicable, compliant with RHA Conditions of Carriage or any higher requirement confirmed by Synergix.

22.5 In some cases, higher levels of cover may be required depending on the nature, risk or value of the consignment. These requirements will be confirmed at the time of booking where known.

22.6 Minimum insurance levels are not a cap on your liability unless Synergix expressly agrees this in writing for the specific load.

22.7 Where a consignment value is higher than your insurance cover, you must notify Synergix before accepting the load.

Public Liability Insurance

22.8 You must carry Public Liability insurance with minimum cover of £5 million.

Employers’ Liability Insurance

22.9 Where you employ, supervise, use or provide other drivers, employees, workers, agency staff or helpers, you must carry Employers’ Liability insurance with minimum cover of £10 million.

General Insurance Conditions

22.10 Failure to maintain suitable insurance may result in immediate cancellation, suspension, non-payment, removal from future work and termination.

22.11 You must not accept any load where your insurance does not properly cover the goods, vehicle, driver, activity or risk involved.

22.12 Maintaining insurance does not reduce or limit your liability to Synergix.

22.13 You must ensure your insurance covers the type of goods carried, the value of goods carried, the parking location, the vehicle used, the driver used, unattended vehicle risk, theft risk, alcohol or high value goods where applicable, and any overnight or secure compound requirements.

22.14 If your insurer refuses, reduces, excludes or delays cover because of your act, omission, breach, parking location, security failure, driver conduct, failure to follow instructions or non-compliance, you remain liable to Synergix for the full amount of the loss.

23. Liability for Goods

23.1 You are responsible for the goods from the point they are loaded, received or placed under your control until they are delivered, returned or handed over in line with Synergix instructions.

23.2 You are liable for loss, damage, theft, contamination, shortage, delay, misdelivery, wrong delivery, non-delivery, unauthorised leaving of goods, failure to obtain POD or failure to follow instructions caused by you, your driver, your vehicle, your employees, your subcontractors or your representatives.

23.3 You must take all reasonable steps to protect, secure and preserve the goods.

23.4 Goods must not be left unattended unless properly secured and unless doing so is lawful, safe and in line with Synergix instructions.

23.5 Goods must not be left without signature, unattended delivery authority or written approval from Synergix.

23.6 You must not admit liability, offer compensation, agree settlement or discuss claims directly with the customer without Synergix approval.

23.7 You must notify Synergix immediately of any damage, shortage, accident, theft, suspected theft, seal issue, tampering, contamination, misdelivery or other incident.

23.8 You must cooperate fully with Synergix, the customer, insurers, loss adjusters, police and any investigating body.

24. Loss, Theft, Damage and Full Load Value Liability

24.1 Where goods are lost, stolen, damaged, contaminated, delayed, misdelivered, short, rejected or otherwise affected due to the act, omission, negligence, breach, poor communication, non-compliance or failure of the subcontractor, driver, vehicle, employee, agent or representative, the subcontractor shall be liable for all losses suffered by Synergix.

24.2 This includes, but is not limited to:

a. the full replacement value of the goods;
b. the full invoice value of the goods;
c. the full load value where applicable;
d. customer claims;
e. customer deductions;
f. rejected delivery costs;
g. re-delivery costs;
h. recovery and return costs;
i. replacement vehicle costs;
j. storage and handling costs;
k. loss adjuster costs;
l. insurer excesses;
m. increased insurance costs;
n. administration and management time;
o. legal costs;
p. VAT, duty, excise or tax exposure where applicable;
q. loss of customer confidence, loss of goodwill or contract related losses where reasonably arising from the breach.

24.3 Where the subcontractor fails to follow any security instruction, alcohol delivery requirement, secure parking requirement, seal requirement, PDA requirement, site instruction, customer instruction or Synergix instruction, and that failure causes or materially contributes to the loss, theft, damage, shortage, rejection, delay or insurance issue, Synergix may pursue the subcontractor for the full load value and all associated losses.

24.4 Any insurance limit held by the subcontractor shall not limit the subcontractor’s liability to Synergix unless Synergix expressly agrees a liability cap in writing before the load is accepted.

24.5 If the subcontractor’s insurer refuses, reduces, excludes or delays cover because of the subcontractor’s act, omission, breach, parking location, security failure, driver conduct or non-compliance, the subcontractor remains personally and commercially liable to Synergix for the full amount of the loss.

24.6 The subcontractor must not rely on RHA, CMR, platform terms, broker terms, insurance limits or any other limitation of liability to reduce liability where the loss arises from breach of these terms, negligence, misconduct, failure to follow instructions, unauthorised parking, failure to secure the load, failure to notify Synergix or failure to comply with alcohol or high risk load requirements.

24.7 This clause is intended to protect Synergix against genuine commercial exposure where Synergix may be liable to its customer, insurer, supplier or other party due to subcontractor failure.

25. Claims, Evidence and Cooperation

25.1 The subcontractor must notify Synergix immediately of any actual or suspected loss, theft, damage, shortage, contamination, delay, seal issue, attempted theft, break-in, route deviation, police incident, refusal, failed delivery or customer complaint.

25.2 The subcontractor must provide all evidence requested by Synergix, the customer, insurer, police, loss adjuster or any investigating party.

25.3 This evidence may include:

a. photographs of the load, vehicle, seals, locks and parking location;
b. collection paperwork;
c. delivery paperwork;
d. PODs;
e. PDA records;
f. GPS and tracking data;
g. dashcam footage;
h. tachograph records;
i. parking receipts;
j. secure compound booking records;
k. driver statements;
l. call logs;
m. messages;
n. insurance documents;
o. police crime reference numbers;
p. recovery reports;
q. site reports;
r. vehicle inspection records;
s. maintenance records where relevant.

25.4 Failure to provide evidence when requested may result in Synergix treating the matter as unsupported by the subcontractor and making deductions, withholding payment or pursuing recovery based on the evidence available.

25.5 The subcontractor must not admit liability, reject liability, offer settlement, discuss compensation, agree values, contact the customer about the claim or negotiate directly with the customer unless Synergix has given written permission.

25.6 The subcontractor must fully cooperate with Synergix until the claim is closed. This duty continues after the job has ended and after the subcontractor stops working for Synergix.

25.7 If the subcontractor fails to meet any claim, evidence, security, alcohol, parking, communication or insurance requirement under these terms, and that failure causes or contributes to a claim being made, rejected, increased, delayed or unrecoverable, Synergix may recover the full load value and all associated losses from the subcontractor.

26. Payment Withholding, Set-Off and Recovery

26.1 Synergix may withhold, reduce, deduct or set off any sums owed to the subcontractor where there is an actual or potential claim, loss, theft, damage, shortage, failed delivery, missing POD, customer deduction, insurance issue, breach of these terms or failure to provide requested evidence.

26.2 Synergix may withhold payment until the matter has been investigated and Synergix has been paid by the customer or satisfied that no claim, deduction or loss will arise.

26.3 Payment of an invoice does not prevent Synergix from later recovering losses, overpayments, claims, customer deductions, insurance excesses or other costs caused by the subcontractor.

26.4 Where Synergix suffers a loss greater than the amount owed to the subcontractor, the subcontractor must pay the balance to Synergix on demand.

26.5 Synergix may set off any amount owed by the subcontractor against any amount payable to the subcontractor, whether relating to the same job or any other job.

27. Vehicle Condition and Suitability

27.1 Your vehicle must be clean, safe, roadworthy, legal, suitable for the load and fit for the service required.

27.2 The vehicle must have sufficient load space, payload, restraints, securing equipment and access capability for the job.

27.3 Synergix may cancel a job without payment if the vehicle is unsuitable, unsafe, dirty, non-compliant, overloaded or not as described.

27.4 You are responsible for ensuring that the vehicle is not overloaded and that axle weights, gross vehicle weight and load restraint requirements are complied with.

27.5 Any fines, penalties, enforcement action, prohibition notices or losses arising from vehicle non-compliance are your responsibility.

27.6 Where the load requires a specific vehicle type, tail lift, curtain side, box body, refrigerated body, secure vehicle, straps, bars, blankets or other equipment, you must ensure these are available and suitable before accepting the work.

28. PPE and Clothing

28.1 All drivers must carry and wear appropriate PPE where required, including as a minimum:

a. high-visibility clothing;
b. safety footwear;
c. any site-specific PPE required by the customer, site or Synergix.

28.2 Drivers may be refused entry to site if they do not have the correct PPE.

28.3 Where a job fails, is delayed or is cancelled because the driver does not have the correct PPE, no payment shall be due for the affected work and Synergix may recover any losses.

29. Legal and Regulatory Compliance

29.1 You must comply with all applicable laws, regulations, codes, site rules and industry requirements.

29.2 This includes, where applicable:

a. road traffic law;
b. operator licensing requirements;
c. driver CPC requirements;
d. tachograph rules;
e. drivers’ hours and working time rules;
f. vehicle maintenance rules;
g. load restraint requirements;
h. health and safety law;
i. manual handling requirements;
j. data protection law;
k. anti-bribery law;
l. modern slavery requirements;
m. environmental and waste rules;
n. dangerous goods requirements.

29.3 You must not accept any ADR, hazardous, restricted, temperature-controlled, high-value, abnormal, specialist or regulated load unless Synergix has confirmed the requirement and you have the correct training, equipment, licence and insurance.

29.4 You must immediately notify Synergix if you become aware that any part of the work cannot be completed legally, safely or compliantly.

30. Fines, Tolls, Clean Air Charges and Road Charges

30.1 Unless Synergix agrees otherwise in writing before the job is accepted, all tolls, congestion charges, clean air zone charges, ULEZ charges, parking, ferry costs, tariffs and similar costs must be included in your agreed rate.

30.2 Synergix will not pay additional charges unless they have been approved before being incurred.

30.3 Speeding fines, parking fines, PCNs, enforcement charges, overload fines and any other driver or vehicle-related penalties are your responsibility.

30.4 If an unavoidable parking or access cost is genuinely required to complete the delivery, you must obtain Synergix approval before incurring it.

31. Invoicing and Payment

31.1 Invoices must be submitted correctly and must include all information reasonably required by Synergix.

31.2 Invoices received after the 3rd day of the following month may fall into the next payment cycle.

31.3 Payment is conditional on:

a. valid POD being supplied;
b. all paperwork being supplied;
c. the work being completed properly;
d. no unresolved claim, complaint, shortage, damage, delay or service issue existing;
e. the invoice matching the agreed rate;
f. any additional charges being pre-approved.

31.4 Synergix may withhold, reduce, set off or deduct sums from invoices where there is:

a. missing POD;
b. late POD;
c. failed delivery;
d. missed collection;
e. damage;
f. loss;
g. theft;
h. shortage;
i. delay;
j. customer complaint;
k. breach of these terms;
l. replacement vehicle cost;
m. overcharge;
n. duplicate charge;
o. unapproved extra charge;
p. insurance issue;
q. any loss or cost caused by you.

31.5 Payment of an invoice does not prevent Synergix from later recovering losses, deductions, claims or overpayments.

31.6 Synergix is not required to pay any invoice where the subcontractor has failed to provide the documents, PODs, evidence or information reasonably required to validate the work.

32. Subcontracting and Substitute Drivers

32.1 You must not subcontract, assign or pass work to another person or business without Synergix’s prior written approval.

32.2 Where Synergix approves the use of a substitute driver or subcontractor, you remain fully responsible for their conduct, compliance, insurance, performance and any loss caused by them.

32.3 Any substitute driver or subcontractor must meet the same standards required under these terms.

32.4 Synergix may reject any driver, vehicle or subcontractor where it reasonably believes they are unsuitable, uninsured, non-compliant or a risk to service.

32.5 Unauthorised subcontracting is a serious breach and may result in non-payment, removal from future work and recovery of losses.

33. Data Protection and Confidential Information

33.1 You must only use personal data, customer data, delivery data and job information for the purpose of completing the work instructed by Synergix.

33.2 You must not retain, copy, share, misuse or disclose customer data after the job is complete.

33.3 Any data breach, lost paperwork, lost device, misdirected email, unauthorised disclosure or suspected misuse must be reported to Synergix immediately.

33.4 Customer information, site information, rates, job details, delivery schedules, volumes, contact names and operational processes are confidential and must not be shared or used for any purpose outside the job instructed by Synergix.

34. Termination and Suspension

34.1 Synergix may suspend or terminate your approved subcontractor status immediately where:

a. you breach these terms;
b. you fail to complete work properly;
c. you fail to provide insurance documents;
d. you cause customer complaints;
e. you damage goods;
f. goods are lost, stolen or short;
g. you fail to communicate;
h. you miss collections or deliveries;
i. you behave unprofessionally;
j. you solicit customers;
k. you misuse confidential information;
l. you fail to use the PDA or required system;
m. you fail to comply with alcohol or secure compound requirements;
n. Synergix reasonably considers you unsuitable or high risk.

34.2 Termination does not affect Synergix’s right to recover losses, apply deductions, withhold disputed sums or pursue legal action.

35. Driver Declaration

35.1 By accepting a booking, the subcontractor confirms that:

a. the driver is properly licensed, trained, insured and legally entitled to carry out the work;
b. the vehicle is legal, roadworthy, clean, secure and suitable for the load;
c. the subcontractor has sufficient insurance for the goods and work;
d. the subcontractor understands any alcohol, high value or secure parking requirement;
e. the subcontractor will not leave the vehicle unattended except in accordance with these terms;
f. the subcontractor will follow all Synergix instructions;
g. the subcontractor accepts liability for losses caused by breach, negligence, misconduct or non-compliance.

36. Amendments

36.1 Synergix may update these terms from time to time.

36.2 Updated terms will apply from the date they are issued or made available and will apply to any booking accepted after that date.

36.3 Existing accepted bookings will only be varied where Synergix and the subcontractor agree the change or where the change is required for legal, safety, compliance or customer protection reasons.

37. Severance

37.1 If any clause is found to be invalid, unlawful or unenforceable, the remaining clauses shall continue in full force.

37.2 Any invalid clause shall be amended only to the minimum extent necessary to make it valid, lawful and enforceable.

38. Entire Agreement

38.1 These terms, together with any specific written booking instruction, agreed rate confirmation or written variation issued by Synergix, form the entire agreement for the work.

38.2 No driver, subcontractor or third party may rely on any statement, assumption, previous dealing or informal discussion unless confirmed by Synergix in writing.

39. Governing Law and Jurisdiction

39.1 These terms and any dispute arising from them shall be governed by the laws of England and Wales.

39.2 The courts of England and Wales shall have exclusive jurisdiction over any dispute, claim or proceedings arising out of or in connection with these terms, any booking, any load or any work carried out for Synergix.