Europa Xpress Ltd
Terms And Conditions

Europa Xpress Ltd
2 Howdene Road, Newcastle upon Tyne, NE15 7HT
VAT Registration Number: GB 488 5218 48

1. Definitions

In these Terms:

– “Company”, “we”, “us” or “our” means Europa Xpress Ltd.
– “Customer” means the person or business requesting or purchasing our services.
– “Consignment” means the goods, products, materials, packaging and associated documents accepted for carriage.
– “Contract” means the agreement between the Customer and Europa Xpress Ltd for the provision of services.
– “Services” means the collection, carriage, storage where agreed, customs assistance and delivery services supplied by us.
– “Working Day” means Monday to Friday, excluding public holidays in England.

2. Application of These Terms

These Terms apply to every quotation, booking and Contract entered into by Europa Xpress Ltd unless different terms are agreed by us in writing.

The Customer’s own terms shall not replace or override these Terms unless expressly accepted by an authorised representative of Europa Xpress Ltd in writing.

The Customer confirms acceptance of these Terms by booking a vehicle, issuing a purchase order, instructing collection or allowing the Consignment to be collected.

Our services are supplied to businesses only and are not intended for private consumers.

3. Quotations and Bookings

Quotations are based on the information provided by the Customer, including collection and delivery locations, dates, times, weights, dimensions, number of packages, required temperature, commodity type and customs requirements.

Unless stated otherwise, a quotation is valid for seven days and remains subject to vehicle availability.

A booking is confirmed only when accepted by Europa Xpress Ltd. We may require written confirmation, a purchase order, account approval or payment before dispatching a vehicle.

We may revise the price if the information supplied is inaccurate or incomplete, or if the work changes after the quotation is accepted.

Additional mileage, waiting time, ferry charges, tolls, customs expenses, parking charges, storage, failed delivery costs and other expenses not included in the original quotation may be charged separately.

4. Our Services

Europa Xpress Ltd provides dedicated courier and temperature-controlled transport throughout the UK, Ireland and mainland Europe.

Services may include ambient, chilled, frozen and controlled-temperature transport, depending on the selected vehicle and agreed requirements.

Where applicable, temperature-controlled consignments are carried using suitable refrigerated vehicles, including vehicles holding FRC certification under the ATP system.

A dedicated vehicle means the Consignment is carried directly in the allocated vehicle without routine co-loading. This does not prevent us from using ferries, trains, approved customs facilities or secure holding areas where required to complete the journey.

We may use suitably qualified employees, drivers, subcontractors or specialist transport partners to perform all or part of the Services.

5. Customer Responsibilities

The Customer must provide complete and accurate information before collection, including:

– The correct collection and delivery addresses and contact details.
– The nature, quantity, weight and dimensions of the Consignment.
– The required collection and delivery dates.
– The correct transport and storage temperature.
– Any handling, hygiene, security or access requirements.
– Any dangerous-goods classification or special legal controls.
– All customs, commercial and regulatory documents required for the journey.

The Customer warrants that:

– They own the goods or have authority to arrange their carriage.
– The goods are legal to possess, export, import and transport.
– The Consignment is properly packaged, labelled and secured for road transport.
– The declared weight and dimensions are accurate.
– The goods will not contaminate, damage or endanger the vehicle, driver or other property.
– The sender and receiver are ready and authorised to release or accept the goods.

We may refuse, suspend or terminate a movement where the Consignment, documentation, premises or instructions are unsafe, unlawful, inaccurate or unsuitable.

6. Packaging and Loading

The Customer is responsible for ensuring that the Consignment is packaged suitably for its nature, temperature requirement, journey length and intended destination.

Unless specifically agreed otherwise, the Customer is responsible for loading and the receiver is responsible for unloading the vehicle.

The Customer must provide suitable staff and equipment where forklifts, pallet trucks, loading bays or specialist handling equipment are required.

We are not responsible for damage caused by inadequate packaging, insufficient insulation, unsuitable pallets, defective containers, internal leakage, inherent product defects or incorrect loading performed by the Customer or receiver.

The driver may refuse any Consignment that cannot be loaded or secured safely or legally.

7. Temperature-Controlled Consignments

The required temperature range must be confirmed in writing before collection.

The Customer is responsible for confirming that the requested temperature and transport method are suitable for the product.

Where pre-cooling is required, the Customer must notify us in advance. Goods should be presented at the agreed temperature unless another arrangement has been confirmed.

Vehicle refrigeration is intended to maintain the agreed transport temperature. It should not be relied upon to rapidly freeze, chill or recover goods presented outside the required range.

Temperature records, Transcan reports, data-logger records or printed reports may be supplied where agreed and where supported by the selected vehicle.

Temperature measurements taken by vehicle equipment record the monitored air or probe temperature and do not necessarily represent the internal temperature of every item within the Consignment.

We are not responsible for temperature variation caused by incorrect product preparation, unsuitable packaging, prolonged loading or unloading, customer instructions, mandatory inspections, customs intervention or circumstances outside our reasonable control.

8. Collection and Delivery

Collection and delivery times are estimates unless expressly guaranteed in writing.

We will use reasonable care and skill to complete the Services within the agreed schedule, but traffic, weather, road closures, ferry or train disruption, customs procedures, border inspections, industrial action, vehicle breakdowns and other events may affect journey times.

The Customer must ensure that the collection and delivery premises are accessible and open and that suitable personnel are available.

Delivery may be completed against a signature, electronic confirmation, photograph, timestamp, GPS record or other reasonable proof of delivery.

If the receiver refuses or cannot accept the Consignment, we may return it, place it into suitable storage or await further instructions. All resulting charges will be payable by the Customer.

9. Waiting Time

Unless otherwise agreed, the first 30 minutes at collection and the first 30 minutes at delivery are free of charge.

Waiting time exceeding the free period may be charged per hour or part thereof.

Additional charges may apply where a vehicle or driver is delayed overnight, detained at customs, held at a border-control post or prevented from continuing the journey.

Any free waiting period does not apply where a separate waiting-time arrangement has been included in the quotation.

10. Cancellations

A booking may be cancelled without charge if written notice is received before a vehicle or driver has been allocated or dispatched.

Where a vehicle has been allocated, repositioned or dispatched, we may charge reasonable cancellation costs, including mileage, driver time, ferry or train charges, accommodation and other non-refundable expenses.

If collection has already taken place, the full agreed charge and any additional expenses may become payable.

11. Customs and Cross-Border Movements

The Customer is responsible for ensuring that all export, import, transit, safety and security documentation is accurate, complete and available before departure.

The Customer must provide all required information, including EORI numbers, commodity codes, values, weights, origin details, Incoterms, licences, certificates and customs references.

Where requested, Europa Xpress Ltd may help coordinate customs clearance through independent customs agents. Unless expressly agreed otherwise, we do not act as the importer, exporter, customs representative, fiscal representative or declarant.

Any customs agent acts under its own terms and authority.

The Customer remains responsible for duties, taxes, inspection fees, customs charges, penalties and costs resulting from inaccurate, incomplete or late documentation.

We may delay or refuse departure until the necessary documents and customs references have been supplied and checked.

Waiting time, storage, redirection, additional mileage and other costs caused by customs or border delays may be charged to the Customer.

12. Dangerous, Restricted and Prohibited Goods

Dangerous goods will not be accepted unless they have been fully declared and expressly approved by Europa Xpress Ltd in writing before collection.

The Customer must provide the correct UN number, proper shipping name, classification, packing group, quantity, packaging details and all legally required documentation.

We may refuse any dangerous, restricted or regulated Consignment where the driver, vehicle, packaging, quantity or documentation does not satisfy the applicable legal requirements or exemptions.

Unless expressly agreed in writing, we do not carry:

– Firearms, ammunition, weapons or explosives.
– Illegal drugs or prohibited substances.
– Cash, negotiable instruments, jewellery or precious metals.
– Live animals or human remains.
– Stolen, counterfeit or illegally traded goods.
– Waste requiring a licence or documentation we do not hold.
– Any goods prohibited by law or considered unsafe for carriage.

Failure to declare dangerous or restricted goods makes the Customer responsible for all resulting loss, damage, delay, penalties, clean-up costs and legal consequences.

13. Charges and Payment

All prices are exclusive of VAT unless stated otherwise.

Payment terms: 30 days EOM.

The Customer must raise any genuine invoice query promptly. An invoice query does not permit the Customer to withhold undisputed amounts.

We may charge statutory interest, compensation and reasonable recovery costs on overdue commercial debts in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

We may suspend further Services, withdraw credit facilities or require advance payment where an account is overdue.

The Customer may not deduct, withhold or set off any amount without our written agreement or a final court judgment.

14. Liability and Goods-in-Transit Insurance

Europa Xpress Ltd holds goods-in-transit insurance with cover of up to £100,000 per vehicle, subject to the insurer’s policy terms, conditions, exclusions and excesses.

This insurance amount is not an automatic guarantee that every claim will be paid in full. Liability depends on the circumstances, supporting evidence, applicable law, these Terms and the insurer’s decision.

The Customer must declare the full value and nature of any Consignment before booking. Goods valued above £100,000 will not be accepted unless additional arrangements have been agreed in writing.

Where the Convention on the Contract for the International Carriage of Goods by Road applies, liability will be determined in accordance with the CMR Convention.

For carriage not governed by the CMR Convention, our liability for physical loss of or damage to goods shall not exceed the lower of:

– The proven value of the goods lost or damaged.
– The reasonable cost of repair or replacement.
– The amount recoverable under the applicable goods-in-transit insurance.

Nothing in these Terms excludes liability where exclusion would be unlawful, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.

15. Excluded Losses

To the fullest extent permitted by law, Europa Xpress Ltd shall not be liable for:

– Loss of profit, revenue, production, contracts, business or opportunity.
– Loss of goodwill or anticipated savings.
– Consequential, indirect or economic loss.
– Product recalls, disposal costs or replacement production.
– Penalties imposed under another contract.
– Loss arising from inaccurate customer instructions or documentation.
– Loss caused by the inherent nature, deterioration or natural characteristics of the goods.

The Customer should arrange appropriate additional insurance where the potential commercial loss exceeds our stated liability.

16. Delays and Events Outside Our Control

We are not liable for failure or delay caused by events outside our reasonable control, including:

– Severe weather, flooding, fire or natural disaster.
– Traffic collisions, road closures or exceptional congestion.
– Ferry, tunnel, rail or port disruption.
– Customs holds, inspections or border delays.
– Strikes, industrial action or civil disturbance.
– War, terrorism, sanctions or government restrictions.
– Epidemics, pandemics or public-health controls.
– Power, telecommunications or refrigeration infrastructure failures.
– Vehicle breakdown despite reasonable maintenance.
– Acts or omissions of the Customer, sender, receiver or authorities.

We will take reasonable steps to reduce the effect of such events and keep the Customer informed where practical.

17. Claims

Any visible loss, damage or temperature concern should be recorded at delivery and notified to Europa Xpress Ltd immediately.

A formal claim must be submitted in writing with all available evidence, including:

– The booking or invoice reference.
– Proof of the value and ownership of the goods.
– Photographs and inspection records.
– Packaging details.
– Delivery documentation.
– Temperature records where relevant.
– Details of any salvage or recovery value.

Claims remain subject to any mandatory time limits imposed by the CMR Convention or other applicable law.

The Customer must preserve the goods, packaging and evidence and take reasonable steps to minimise further loss.

No claim may be deducted directly from an unpaid invoice unless agreed by Europa Xpress Ltd in writing.

18. Customer Indemnity

The Customer shall reimburse Europa Xpress Ltd for losses, charges, fines, claims or expenses caused by:

– Incorrect or incomplete information supplied by the Customer.
– Unsafe or inadequate packaging.
– Undeclared dangerous or restricted goods.
– Customs, export or import documentation failures.
– The Customer’s breach of these Terms.
– Any unlawful act or instruction by the Customer, sender or receiver.

This clause does not apply where the loss was caused solely by our negligence or unlawful conduct.

19. Subcontracting and Assignment

We may subcontract all or part of the Services to a suitable carrier, driver, customs agent or specialist service provider.

The Customer may not transfer or assign the Contract without our prior written consent.

20. Termination and Suspension

We may cancel, suspend or terminate a Contract immediately where:

– Payment is overdue.
– The Customer commits a serious breach of these Terms.
– The goods or instructions are unsafe, illegal or materially different from those declared.
– Required customs or transport documents are unavailable.
– Continuing the Service would expose us, our driver or vehicle to unreasonable risk.

Termination does not affect charges, rights or liabilities already incurred.

21. Data Protection and Confidentiality

We will process personal information for booking, communication, delivery, invoicing, legal compliance and legitimate business administration.

Information may be shared with drivers, subcontractors, customs agents, authorities, insurers and service providers where reasonably necessary to perform the Contract or meet legal obligations.

Each party shall take reasonable steps to protect confidential commercial information received from the other.

22. General Provisions

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in effect.

A delay or failure to enforce any right does not waive that right.

Changes to these Terms are effective only when agreed in writing by Europa Xpress Ltd or published as an updated version for future bookings.

No person other than the Customer and Europa Xpress Ltd shall have any right to enforce the Contract, except where mandatory transport law provides otherwise.

23. Governing Law and Jurisdiction

These Terms and any non-contractual dispute arising from them are governed by the law of England and Wales.

Subject to any mandatory provisions of the CMR Convention or other applicable transport law, the courts of England and Wales shall have exclusive jurisdiction.

24. Contact Details

Europa Xpress Ltd
2 Howdene Road
Newcastle upon Tyne
NE15 7HT
United Kingdom

Telephone: +44191 468 3059
Email: info@europaxpress.co.uk