Terms and Conditions
TERMS AND CONDITIONS OF BUSINESS
ISSUE DATE 22 MAY 2024
1. Interpretation
1.1 Definitions. In these Conditions, the following definitions apply:
| Agency Terms | The Institute of Chartered Shipbrokers Standard Trading Conditions 2007 or any updated or replacement version of the aforementioned in force at the Commencement Date. |
| BIFA Terms | British International Freight Association (BIFA) Standard Trading Conditions 2021 Edition or any updated or replacement version of the aforementioned in force at the Commencement Date. |
| CKCL | Cockfield, Knight & Company Limited incorporated and registered in England and Wales with company number 07204485 and whose registered office is at Dinsdale House, Riverside Park Road, Middlesbrough, TS2 1UT. |
| Contract | the contract between CKCL and the Customer for the supply of the Services in accordance with these Conditions and which includes the Quotation and, in accordance with clause 2.4 below, the applicable Standard Industry Terms. |
| Customer | the person, firm or company who purchases the Services from CKCL. |
| Quotation | CKCL’s written quotation for the supply of the Services and/or any contract, agreement, purchase order, appointment document or other/similar arrangement or understanding between CKCL and the Customer that refers to these Conditions and/or that the parties acknowledge forms part of the Contract (including by way of e-mail). |
| Services | the services to be supplied by CKCL to the Customer as set out in the Quotation or as otherwise agreed between CKCL and the Customer from time to time. |
| Standard Industry Terms | the Agency Terms and the BIFA Terms (as applicable). |
2. The Contract
2.1 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of CKCL which is not set out in the Contract.
2.2 These Conditions and the Standard Industry Terms apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing (including, without limitation, as set out in the Quotation).
2.3 The Contract is made up of the following:
2.3.1 the Quotation;
2.3.2 these Conditions; and
2.3.3 the Standard Industry Terms (in accordance with, and subject always to, clause 2.4 below),
If there is any conflict or ambiguity between the terms of the documents listed in clause 2.3 above, a term contained in a document higher in the list shall have priority over one contained in a document lower in the list.
2.4 Subject always to clause 2.3 above, the Standard Industry Terms will be deemed to be incorporated into, and form part of, the Contract as follows:
2.4.2 when CKCL is providing freight forwarding services, the BIFA Terms will apply.
3. Supply of Services
4. CHARGES
4.1 Unless specifically and expressly specified otherwise in the Contract, the charges are valid for a maximum period of 12 months from the date of the Quotation and CKCL may increase the charges (or any of them) on an annual basis thereafter (including, without limitation, in line with the percentage increase in the Retail Prices Index in the preceding 12-month period and/or to cover any increase in the costs to CKCL in respect of the Services or anything connected thereto) including any increase in National Minimum Wage, National Living Wage or similar legal or regulatory obligations on CKCL and/or any increase in any taxes, levies, duties, third party costs/charges or similar payable by CKCL in connection with the Services (or anything connected thereto). CKCL will notify the Customer of any such increase in the charges (or any of them) by providing at least 7 days’ written notice and such increase will take effect on expiry of that notice.
4.2 Unless specifically and expressly specified otherwise in the Contract, CKCL may increase its charges (or any of them) at any time if those charges (or any of them) are quoted as payable in any currency other than £GBP Sterling (Great British Pounds Sterling) and there is a change in the daily spot exchange rate of that currency against sterling published by the Bank of England between the date the charges (or any of them) were provided to the Customer and the date of the relevant invoice(s) for the relevant charges (or any of them). CKCL will act in good faith in implementing this clause.
4.3 If the Customer fails to make any payment due to CKCL under the Contract by the due date for payment, then the Customer shall pay interest on the overdue amount at the rate of 8% per annum above Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.
4.4 CKCL shall be entitled to retain and be paid all customary brokerages, commission, allowances and other remuneration.