1. Who you are contracting with
All services are supplied by Vithi Services Limited, trading as Vithi Logistics, a company registered in England and Wales under number 15750540, whose registered office is Regional House, Kensworth Suite, Suite Room 4, 28–34 Chapel Street, Luton, England, LU1 2SE. References to “we” and “us” mean that company, and references to “you” mean the customer instructing us.
2. The capacity in which we act
For freight forwarding and road transport we act as an agent arranging carriage with carriers and hauliers on your behalf. We are not a carrier and we do not perform the carriage ourselves.
For customs work we act as your customs agent under written authority, as a direct representative. Declarations are made in your name and on your behalf, and you remain the declarant.
For wholesale supply we act as principal, selling goods to you under a separate sale contract.
3. Quotations
Quotations are based on the information you provide and on carrier and haulier rates available at the time. They are valid for seven days unless we state otherwise, and they may be revised if the weight, dimensions, commodity, routing or Incoterms differ from those quoted, or if the underlying rates change before booking.
Quotations exclude duty, import VAT and any charge levied by a third party after the goods have been booked, including demurrage, detention, storage, terminal handling, quarantine, inspection and re-delivery charges. These are passed on at cost.
4. Your obligations
You are responsible for the accuracy and completeness of the information you give us, including descriptions of the goods, values, weights, commodity codes, origin and any licence or certificate the goods require. We rely on that information when booking carriage and when submitting declarations.
You must tell us before booking if goods are dangerous, hazardous, temperature-sensitive, subject to excise duty, restricted, or otherwise require special handling. We do not accept such goods.
5. Customs declarations
Declarations are prepared from the documents you supply. Where information appears incorrect or incomplete we will raise it with you before submitting; we will not submit a declaration we believe to be wrong.
You remain liable to HMRC for duty, import VAT and any penalty arising from information you have provided. You must retain your customs records for the period HMRC requires, currently at least four years. We hold copies of the records relating to work we have carried out for you.
6. Charges and payment
Charges and payment terms are agreed in writing before we accept a booking. Where duty, VAT or third-party charges become payable before goods can be released, we may require payment in cleared funds before the goods are moved.
We may exercise a lien over goods and documents in our possession for sums due to us.
7. Insurance
Goods are not insured by us. Carrier liability is limited by the terms of carriage and by international convention, and it is usually far below the value of the goods. If you want marine cargo insurance, ask us at the time of booking and we will arrange a quotation. If you do not, the goods travel uninsured beyond that limited carrier liability.
8. Liability
We are liable for loss or damage caused by our own negligence in performing the services, subject to the limits set out in the contract agreed for each shipment.
We are not liable for the acts, omissions or insolvency of carriers, hauliers, agents, terminals or warehouse operators, nor for delay, nor for indirect or consequential loss including loss of profit, loss of market or loss of contract.
Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded.
9. Claims
Claims must be notified to us in writing within seven days of delivery, or within seven days of the date the goods should have been delivered. Late notification may prevent a claim being pursued against the carrier, because carriers apply short time limits of their own.
10. Governing law
These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.