In these Terms, unless the context requires otherwise:
A reference to a statute or statutory provision is a reference to it as amended, extended, or re-enacted from time to time.
Clause headings shall not affect the interpretation of these Terms and are for convenience only.
Words in the singular include the plural and vice versa. A reference to one gender includes all genders. References to persons include natural persons, corporate bodies, partnerships, and unincorporated associations.
The Services are provided by A Hardwick Haulage Limited, trading as Hardwick Haulage Ltd.
Registered office address: The Hollies, Melton Road, Wrawby, Brigg, North Lincolnshire, DN20 8SP
Company registration number: 03618863
Contact telephone number: 01652 648735
Contact email address: ryan@hardwickhaulage.co.uk
The Company is regulated in accordance with the applicable laws of England and Wales.
The Company reserves the right to update or amend its contact information, branding, or trading styles from time to time, which shall not affect the enforceability of these Terms.
These Terms apply to the provision of all Services by the Company to the Client, whether ordered via email, telephone, website enquiry, or other method of communication.
These Terms do not govern the use of the Company’s website. Separate website terms of use may apply where relevant.
These Terms shall apply to all dealings between the Company and the Client unless expressly varied in writing and agreed by both parties.
Where a separate written agreement exists between the parties and is signed by an authorised representative of the Company, the terms of that agreement shall prevail to the extent of any conflict with these Terms.
The Company provides the following categories of services (as agreed with each Client):
The Company may from time to time offer additional related services at its sole discretion or as agreed in writing with the Client.
All Services are provided subject to the availability of personnel, vehicles, equipment, and materials, and may be modified or substituted where necessary for operational, legal, or safety reasons.
The Company provides Services primarily within the United Kingdom. While international enquiries or website visits may occur, all Services are subject to UK law and jurisdiction, and are generally limited to UK-based clients unless otherwise agreed in writing.
Availability of Services is subject to scheduling and geographic feasibility. The Company reserves the right to refuse service in areas or conditions that present safety, legal, or logistical risks.
The Company may suspend, delay, or cancel Services due to adverse weather, natural disasters, strikes, mechanical failure, government restrictions, or other events beyond its reasonable control (see Force Majeure clause).
The Client shall:
(a) Provide accurate and complete details in relation to all service requests, including collection and delivery addresses, quantities, timings, and any hazards or restrictions at the site;
(b) Ensure that adequate access is available at all times for the Company’s personnel, vehicles, and equipment;
(c) Comply with all applicable laws and regulations in connection with the premises or goods involved;
(d) Notify the Company promptly of any risks, health and safety issues, or special handling requirements.
Where the Client fails to comply with this clause, the Company shall not be liable for any delay, non-performance, or additional cost arising.
All quotations provided by the Company are valid for the period specified in the individual agreement between the parties or, if not specified, for a reasonable period, having regard to the nature of the Services and market conditions.
Quotations are issued subject to a site review or risk assessment where required.
Charges for Services may be based on time, distance, volume, weight, type of material, or a fixed fee as specified in the quotation.
Additional costs incurred due to delays caused by the Client, changes in instructions, or access issues may be charged to the Client at the Company’s standard hourly or call-out rates.
The Company shall issue an invoice for Services rendered. All invoices are payable within the timeframe agreed between the parties in writing or, if not specified, within thirty (30) days of the invoice date.
Payments must be made in GBP (£) to the bank account nominated by the Company.
Where payment is not received by the due date, the Company reserves the right to:
(a) Charge interest at a rate of 8% per annum above the Bank of England base rate, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998;
(b) Suspend or terminate further services without liability;
(c) Recover reasonable costs of debt collection, including legal fees.
The Company shall use reasonable endeavours to meet agreed service times and dates, but time shall not be of the essence unless expressly agreed in writing.
Risk in the goods shall transfer to the Client upon delivery, or at the point when the Client or its agent takes possession.
Where the Client is not present or fails to take delivery at the agreed time and place, the Company may:
(a) Charge additional fees for redelivery, waiting time, or wasted journeys;
(b) Return goods to storage at the Client’s cost and risk.
The Client must inspect all goods upon delivery and report any visible damage or discrepancies within the timeframe specified in the individual agreement between the parties or, if not specified, within forty-eight (48) hours of delivery.
The Company shall not be liable for:
(a) Loss or damage caused by third parties or due to inadequate access or loading instructions;
(b) Consequential, indirect, or economic losses, including loss of profit or business interruption;
(c) Any failure to perform arising from events beyond its reasonable control.
The Company’s liability for any claim arising out of or in connection with the Contract shall in all cases be limited to the amount paid by the Client for the relevant Services, subject to the maximum aggregate cap agreed between the parties in writing or, if not specified, capped at £50,000.
Nothing in these Terms shall limit or exclude the Company’s liability for:
(a) Death or personal injury caused by its negligence;
(b) Fraud or fraudulent misrepresentation;
(c) Any other liability that cannot be limited or excluded by law.
The Company maintains insurance coverage appropriate to the nature of its operations, including public liability and goods-in-transit insurance up to the limit specified in the individual agreement between the parties or, if not specified, up to £50,000 per consignment.
The Client acknowledges and agrees that it remains responsible for obtaining any additional insurance it deems necessary, including insurance against consequential loss or loss of business.
Where the value of the goods exceeds the Company’s insured limits, the Client must notify the Company in writing in advance and arrange for adequate cover at its own cost, unless otherwise agreed.
The Client shall ensure that the Company’s personnel and vehicles are granted safe and unimpeded access to all relevant Premises at the agreed times.
The Company shall not be liable for any delay or non-performance caused by obstructions, insufficient space, lack of notice, or site conditions not previously disclosed by the Client.
Where access is restricted or unsafe, the Company reserves the right to refuse service and to charge the Client any costs incurred due to delay or redirection.
The Client shall ensure that its premises comply with all applicable health and safety laws and regulations, and that all reasonable steps are taken to protect the Company’s employees and subcontractors while performing Services.
The Client must promptly disclose any site-specific risks, hazardous materials, or other environmental concerns prior to the commencement of Services.
The Company reserves the right to suspend or refuse Services where it reasonably believes there is a threat to health, safety, or environmental compliance.
Where the Company agrees to store goods on behalf of the Client, the following terms shall apply:
(a) Goods are stored at the Client’s risk, unless otherwise agreed in writing;
(b) The Company shall take reasonable care of stored items but accepts no liability for loss or damage beyond its insurance limits;
(c) Storage charges shall apply at the agreed daily, weekly, or monthly rate, payable in advance or as invoiced;
(d) The Client shall provide all necessary labelling, handling instructions, and documentation relating to stored goods.
Goods not collected or retrieved after the period specified in the individual agreement between the parties, or if not specified, after thirty (30) days from the end of the agreed storage period, may be subject to disposal at the Client’s expense, following written notice.
The Company processes personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
A full explanation of how the Company collects, processes, and safeguards personal data is set out in the Privacy Policy, available at: https://hardwickhaulage.co.uk/privacy-policy
The Client warrants that it has obtained all necessary consents and authorisations to share any third-party data with the Company for the purpose of performing the Services.
The Company shall only retain and process Client data as necessary for the performance of the Contract and in accordance with its Privacy Policy and applicable law.
Each party shall keep confidential all confidential information disclosed to it by the other party in connection with the Contract and shall not use or disclose such information except as required to perform the Services or as required by law.
This obligation of confidentiality shall survive the termination of the Contract for a period of five (5) years.
Confidential information shall not include information that:
(a) is or becomes public knowledge other than through breach of these Terms;
(b) was lawfully in the possession of the receiving party before disclosure; or
(c) is lawfully disclosed by a third party without restriction on disclosure.
The Company shall not be liable for any delay or failure in performance of its obligations under the Contract due to Force Majeure.
For the purposes of this clause, “Force Majeure” means any event beyond the reasonable control of the Company, including but not limited to:
If a Force Majeure event continues for more than 30 days, either party may terminate the Contract on written notice without liability, save for payment of any Services rendered up to the date of termination.
Without prejudice to any other rights or remedies, either party may terminate the Contract with immediate effect by written notice if the other party:
(a) Commits a material breach of these Terms and fails to remedy such breach within 14 days of being notified in writing;
(b) Becomes insolvent or enters into liquidation, administration, or receivership;
(c) Ceases, or threatens to cease, to carry on business.
The Company may terminate the Contract for convenience by giving the Client not less than 30 days’ written notice.
Upon termination for any reason:
(a) All sums owed by the Client to the Company shall become immediately due and payable;
(b) Any stored goods must be removed within 30 days, failing which storage charges or disposal fees may apply;
(c) Clauses which expressly or by implication survive termination shall continue in full force and effect.
A person who is not a party to the Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
This clause does not affect any right or remedy of a third party which exists or is available apart from that Act.
These Terms and any disputes or claims arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales.
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter.
If you have any questions or concerns about our terms and conditions, please contact us at:
Company: A Hardwick Haulage Limited (Hardwick Haulage Ltd)
Email: ryan@hardwickhaulage.co.uk
Postal Address: Hardwick Haulage Ltd, The Hollies, Melton Road, Wrawby, Brigg, North Lincolnshire, DN20 8SP
Phone: 01652 648735
You may also contact the Information Commissioner’s Office (ICO) via www.ico.org.uk or telephone 0303 123 1113.