Conditions of carriage

Who these conditions are for

They apply between HAKEM TRANSPORT LTD ("we") and the person or business that asks us to carry goods ("you", the sender). They also describe what happens at the delivery address, so share them with whoever receives the goods.

If you ask us to carry goods as a private individual rather than for a business, you have rights under the Consumer Rights Act 2015 that nothing here takes away. Carriage of goods on a date agreed in advance is not covered by the 14-day cancellation right in the Consumer Contracts Regulations 2013 (regulation 28(1)(b)); how to cancel is set out under "Changing or cancelling" below.

An enquiry is not a contract

A collection enquiry, by the form, the account or email, asks how we would move a load. A contract to carry it exists only when we confirm a collection in writing from an address ending in @hakemtransport.info, stating the goods, both addresses, the collection day and the charge, and you accept that confirmation in writing.

We are not a common carrier. We may decline any consignment, and we say so plainly when we do.

What you tell us

You describe the goods truthfully and completely: what they are, how many pieces, the weight of each piece or pallet, the sizes, and anything about access or unloading at either end. The vehicle is chosen and the load secured on what you tell us, so a wrong weight is a safety matter, not a paperwork one.

If the goods at collection are not what was described, the driver may refuse them or we may re-plan the job with you before going on.

How goods must be prepared

• Packed for road transport: pallets wrapped and stable, nothing overhanging the base, cartons strong enough to stack where you said they could be stacked.
• Labelled with the delivery address and your reference, if you use one.
• Lawful to carry, and free of anything we have said we do not carry.

Loading and unloading

Unless a tail-lift delivery is agreed, the goods are loaded at the collection point by the people there, and unloaded at the delivery address by the people there. The driver directs where each piece stands on the deck.

We secure the load to the standard in the DVSA code of practice, Securing loads on HGVs and goods vehicles; how we apply it is on Securing a load. The driver may refuse to set off with a load that cannot be secured safely, or that would take the vehicle over its weight limits, and that decision stands.

Collection and delivery times

Times we give are our best estimate unless a timed or booked delivery is agreed in writing. Traffic, road closures and London's controls on heavy vehicles can move them. If we expect to be late for a collection or a booked slot, we tell you as soon as we know, and before the slot where we can.

Delivery, and proof of it

We deliver to the address agreed, to a person there who signs for the goods. That signature is the proof of delivery, and it is when the goods leave our care. On a multi-drop round, each drop is delivered and signed for separately.

If nobody can take delivery, or the address cannot be reached safely, we contact you and agree with you in writing what happens next: another attempt, or the goods coming back.

While the goods are with us

The goods are in our care from the moment our driver signs for them at collection to the moment they are signed for at delivery. In that time we carry them with reasonable care and skill. We do not hand a consignment to another carrier without telling you first, and if we ever did, we would stay responsible to you under these conditions.

Telling us about a problem

• Damage or a shortage you can see: write it on the delivery note when you sign, then tell us in writing within three working days of delivery.
• Damage you find only on unpacking: tell us in writing within three working days of delivery, and keep the packaging until we have seen it or photographs of it.
• Goods that never arrived: tell us in writing within seven days of the day they were due.

Give the reference and photographs where you can. These times let us find out what happened while it can still be found out; for a consumer they do not shorten any right the law gives.

What we are responsible for

We are responsible for loss of or damage to the goods while they are in our care, where it is caused by our failure to take reasonable care. Any limit on the amount we will pay for a consignment is stated in the written confirmation, before you accept it, so that you can arrange your own cover for goods worth more.

We are not responsible for loss or damage caused by a wrong description, by packing that was not fit for road transport, by the nature of the goods themselves, or by events outside our reasonable control, such as a road closed by the police or severe weather. For a business sender we are not responsible for indirect loss, such as lost profit or a missed sale.

Nothing in these conditions limits our liability for death or personal injury caused by negligence, for fraud, or for anything else the law does not allow a business to limit.

Charges and paying

The charge for a consignment is agreed in writing before collection, in the confirmation you accept, together with when it is due. We invoice after delivery. Anything that would change the charge, such as a vehicle kept waiting or a second delivery attempt, is agreed with you in writing before it happens.

Changing or cancelling

Tell us in writing as early as you can. A change before the vehicle sets out is re-planned with you. What happens if a collection is cancelled after the vehicle has set out is stated in the written confirmation, so it is known before you accept it.