STANDARD TRADING TERMS AND CONDITIONS

Synergix Sameday Solutions Ltd (the “Company”)

1. DEFINITIONS AND APPLICATION

1.1 In these Terms and Conditions:

a) Company means Synergix Sameday Solutions Ltd, including its directors, officers, employees, agents, and subcontractors.
b) Customer means the person, firm, or company who contracts for the Services, including any consignor, consignee, agent, or third party acting on the Customer’s behalf.
c) Goods means all items, products, pallets, parcels, machinery, equipment, materials, or property of any description handled, stored, or transported by the Company.
d) Services means any transport, same day delivery, collection, delivery, trunking, storage, warehousing, handling, loading, unloading, trans shipment, cross docking, or related logistics services.
e) Business Day means Monday to Friday excluding Bank Holidays in England.
f) POD (Proof of Delivery) means any delivery evidence, whether paper or electronic, including signature, printed name, time stamp, GPS data, scans, photographs, or system records.

1.2 These Terms and Conditions apply to all contracts entered into by the Company and prevail over any other terms, including any purchase order terms, customer standard terms, framework agreements, or third-party terms, unless expressly agreed in writing and signed by a Director of the Company.

1.3 No employee, driver, subcontractor, or agent has authority to vary, waive, or override these Terms unless confirmed in writing and signed by a Director.

1.4 The Customer warrants that it is the legal owner of the Goods or is authorised by the owner to contract on the owner’s behalf and to accept these Terms on the owner’s behalf.

2. CARRIAGE, INSURANCE AND APPLICABLE CONDITIONS

2.1 For carriage by road within the United Kingdom, Republic of Ireland, Channel Islands, or Isle of Man where the gross load weight does not exceed 1,500kg, the Company’s liability, where it exists at law, is insured up to a maximum of £45,000 per load, subject always to:

a) the Company being legally liable;
b) the exclusions, limits, and conditions set out in these Terms; and
c) compliance with all insurer policy terms and requirements.

2.2 For loads exceeding 1,500kg, liability, where it exists at law, is limited to £1,700 per tonne of the gross weight of the Goods, subject to clause 2.1.

2.3 All carriage is undertaken subject to the Road Haulage Association Conditions of Carriage, as amended from time to time, insofar as they do not conflict with these Terms and do not override mandatory law.

2.4 International carriage is subject to the Convention on the Contract for the International Carriage of Goods by Road (CMR) and any applicable mandatory legislation. Mandatory rules shall prevail only to the extent required by law.

2.5 In all dealings with HMRC, the Company acts as Direct Representation only. The Company accepts no liability for customs duties, VAT, penalties, interest, or compliance failures attributable to the Customer or owner of the Goods.

2.6 Storage and warehousing services are subject to the Road Haulage Association Conditions of Storage, insofar as they do not conflict with these Terms and do not override mandatory law.

2.7 Any Goods in Transit or other insurance maintained by the Company does not create liability, does not waive exclusions, and does not extend liability beyond these Terms, the applicable RHA Conditions, or mandatory law.

3. STATUS OF THE COMPANY, DELIVERY TIMES, DELAY AND CONSEQUENTIAL LOSS

3.1 The Company is not a common carrier and accepts Goods only on these Terms.

3.2 The Company will use reasonable skill and care to perform the Services. Unless a specific delivery time has been expressly agreed in writing and signed by a Director, all collection and delivery times are estimates only.

3.3 Estimated times do not give rise to any right to cancel the Services, refuse delivery, impose penalties, apply chargebacks, or make deductions.

3.4 Any complaint relating to delay or late delivery must be notified in writing within 24 hours of delivery, or where delivery occurs on a non-Business Day, by 12:00 noon on the next Business Day. Failure to do so waives the complaint in full.

3.5 The Company shall not be liable, whether in contract, tort, negligence, breach of statutory duty, misrepresentation, restitution, or otherwise, for:

a) loss of profits or revenue;
b) loss due to delay or failure to meet estimated times;
c) loss of anticipated savings;
d) loss of sales or business;
e) loss of agreements or contracts;
f) loss of or damage to goodwill;
g) loss of use of, or corruption to, software, data, or information;
h) loss caused by inherent vice, natural deterioration, or fragility of the Goods;
i) loss relating to the procurement of substitute goods or services;
j) any special, indirect, incidental, punitive, or consequential loss.

3.6 Neither party shall be liable for any failure or delay caused by events beyond reasonable control, including adverse weather, accidents, road closures, strikes, industrial disputes, government action, regulatory change, port disruption, ferry disruption, or infrastructure failure.

3.6A Customer responsibility and operational readiness

The Customer is responsible for ensuring that all instructions, documentation, access arrangements, site conditions, labour, equipment, and readiness required for the Services are accurate, complete, and available at the agreed time.

Failure by the Customer, consignor, consignee, or any third party may result in waiting time charges, aborted collection charges, redelivery charges, cancellation charges, or additional costs, all chargeable in full.

3.7 Nothing in these Terms excludes or limits liability which cannot lawfully be excluded.

4. CLAIMS, SHORTAGE AND DAMAGE PROCEDURE

4.1 Shortage

Any claim for shortage must be clearly recorded in writing on the POD at the time of delivery and signed by or on behalf of the consignee.

If a shortage is not recorded on the POD at delivery, the Goods are deemed delivered complete and in full, and no shortage claim will be accepted.

4.2 Visible damage

Any claim for visible damage must be notified to the Company in writing within 48 hrs of delivery.

Where the final day falls on a Saturday, Sunday, or Bank Holiday in England, the deadline extends to 12:00 noon on the next Business Day.

4.3 Concealed damage

Any claim for concealed damage not reasonably apparent at delivery must be notified in writing within seven days of delivery.

The Customer bears the full burden of proving that the damage was genuinely concealed, not discoverable at delivery, and did not arise after delivery.

4.4 Time bar

Failure to comply strictly with clauses 4.1, 4.2, or 4.3 bars the claim in full, subject always to mandatory law.

4.5 POD conclusive

A clean, signed POD is conclusive evidence that the Goods were delivered complete and in good condition.

4.6 Evidence and inspection

No claim will be considered unless a full evidence pack is provided within 48 hours of notification. Goods must not be installed, used, altered, repaired, or disposed of prior to inspection. Breach bars the claim.

5. SUBCONTRACTING

5.1 The Company may subcontract all or part of the Services.
5.2 Subcontracting does not create any contractual relationship between the Customer and any subcontractor and does not increase the Company’s liability.

6. PAYMENT, CREDIT FACILITIES AND NO SET-OFF

6.1 All invoices must be paid in full, without deduction, set-off, retention, or withholding.

6.2 Invoice disputes must be notified in writing within 5 Business Days of the invoice date. Undisputed sums remain payable. Invoices not disputed are deemed accepted.

6.3 Credit facilities are discretionary, subject to credit checks, and may be varied or withdrawn without notice. The Company may require payment in advance.

6.4 Overdue sums accrue interest at 2 percent per month, accruing daily.

6.5 Returned or failed payments may incur administration charges.

6.6 Any unauthorised deduction or non-payment is a material breach entitling the Company to suspend Services.

7. TIME LIMIT FOR LEGAL PROCEEDINGS

7.1 Proceedings must be issued within 9 months of delivery for domestic carriage, or within the applicable mandatory limits under CMR or other legislation.

8. NON-EXCLUDABLE LIABILITY

8.1 Nothing excludes liability for death, personal injury caused by negligence, fraud, or any liability which cannot lawfully be excluded.

9. GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction, subject to mandatory law.

10. VAT AND PRICING

All prices exclude VAT. VAT is charged at the applicable rate. Prices may vary if information provided by the Customer is inaccurate, incomplete, or changes.

11. VARIATION

The Company may vary these Terms or its rates from time to time. Continued use of the Services constitutes acceptance of the updated Terms.

12. DEMURRAGE AND WAITING TIME

12.1 Unless otherwise expressly agreed in writing at booking, the following free time applies:

a) LGV vehicles
30 minutes free time at collection and 30 minutes free time at delivery.

b) HGV vehicles
60 minutes free time at collection and 60 minutes free time at delivery.

12.2 Waiting time is measured from arrival on site and readiness to load or unload until the vehicle is released.

12.3 Demurrage applies automatically beyond free time and is charged as follows:

a) LGV vehicles: £5.00 per 15 minutes or part thereof.
b) HGV vehicles: £45.00 per hour, pro-rated.

12.4 Demurrage applies where delay is caused by the Customer, consignor, consignee, site conditions, lack of labour or equipment, queueing, access restrictions, paperwork delays, or any third party.

13. DRIVER OFFLOAD AND MANUAL HANDLING

13.1 Prices assume suitable mechanical offload facilities and site labour are available unless agreed otherwise in writing.

13.2 Where drivers are required to offload by hand or assist beyond normal driving duties, manual handling charges apply.

13.3 Manual handling is charged at £5.00 per 250kg handled, or part thereof.

13.4 Charges may increase depending on access, distance, stairs, lifts, item count, packaging, or special handling.

13.5 Failure to disclose manual handling requirements at booking entitles the Company to refuse to proceed or to proceed and charge accordingly.

14. CANCELLATIONS

14.1 Cancellation within 24 hours of collection may be charged up to 100 percent of the quoted price.
14.2 Dispatched vehicles are chargeable in full.
14.3 Cancellation applies regardless of reason.
14.4 Partial cancellations may be treated as full cancellation.
14.5 Aborted collections and refused deliveries are chargeable as completed work.

15. DEBT RECOVERY

All reasonable recovery costs incurred by the Company are chargeable to the Customer.

16. DATA PROTECTION

Personal data is processed in accordance with UK GDPR and the Company’s Privacy Policy