1. Definitions
In these Terms, the following words shall have the meanings set out below:
Account means a customer account approved and maintained by Blueaxis, which may include customer contact details, billing information, payment records, booking history and service preferences.
Account Booking means a Booking made by a Customer who holds an Account with Blueaxis.
App means any mobile application, portal or digital platform operated or authorised by Blueaxis for the placing, management or tracking of Bookings.
Booking means any request made by a Customer for the collection, carriage, storage, delivery or handling of a Consignment, whether made by telephone, email, online portal, app, message or any other method accepted by Blueaxis.
Blueaxis, Carrier, we, us or our means Blueaxis Logistics Ltd, including its employees, agents, drivers, subcontractors and representatives where applicable.
CMR Convention means the Convention on the Contract for the International Carriage of Goods by Road, where it applies by law.
Conditions means these Terms and Conditions of Carriage and Logistics Services.
Consignee means the person, business or address to whom a Consignment is to be delivered.
Consignment means any goods, parcels, packages, pallets, documents, envelopes, containers or other property accepted by Blueaxis for carriage, storage or delivery.
Customer, you or your means the person, company, partnership, organisation or other legal entity that places a Booking with Blueaxis.
Dangerous Goods means any goods classified as hazardous, dangerous or restricted under ADR regulations or any other applicable transport, safety or environmental law.
Data Protection Legislation means all applicable UK data protection and privacy laws in force from time to time, including the UK GDPR and Data Protection Act 2018.
Excluded Goods means goods of high value, fragile nature, unusual risk or special sensitivity, including but not limited to jewellery, watches, precious metals, cash, vouchers, payment cards, tobacco, alcohol, antiques, artwork, glass, china, prescription medicines, perishable goods, documents of title, negotiable instruments and any other goods Blueaxis reasonably considers to require special handling or insurance.
Non-Account Booking means a Booking made by a Customer who does not hold an Account with Blueaxis.
Online means any Booking, quotation request, enquiry or instruction made through a website, app, portal or other electronic system.
Personal Data has the meaning given to it under applicable Data Protection Legislation.
Prohibited Items means items that Blueaxis does not carry unless expressly agreed in writing, including firearms, ammunition, explosives, inflammable items, illegal drugs, unlawful goods, livestock, animals, human remains, obscene or illegal material and any item prohibited by law in any country through which the Consignment may pass.
Transit means the period during which a Consignment is in the possession, custody or control of Blueaxis or its appointed subcontractor.
Website means any website operated by or on behalf of Blueaxis.
Working Day means any day other than a Saturday, Sunday or public or bank holiday in England.
2. General Terms
2.1 Blueaxis provides courier, transport, delivery, logistics, storage, booking support, delivery tracking, reporting and related services.
2.2 Blueaxis is not a common carrier. We accept goods for carriage only at our discretion and only on these Conditions, unless different terms are agreed in writing by a Director of Blueaxis.
2.3 These Conditions apply to the exclusion of any terms supplied by the Customer, including purchase order terms or standard customer conditions.
2.4 The Customer confirms that it has full authority to place the Booking and enter into a contract with Blueaxis.
2.5 Blueaxis may use employees, drivers, agents, subcontractors or partner carriers to perform all or part of any service.
2.6 Blueaxis may refuse, suspend or cancel any Booking where it considers it reasonable to do so for operational, legal, safety, payment or compliance reasons.
2.7 For international road carriage where the CMR Convention applies by law, the CMR Convention shall apply to the extent required and shall take priority over any conflicting part of these Conditions.
3. Bookings and Quotations
3.1 Bookings may be submitted by telephone, email, online system, app, portal, message or any other method accepted by Blueaxis.
3.2 A quotation is based on the information supplied by the Customer, including collection address, delivery address, vehicle type, distance, weight, dimensions, contents and service requirements.
3.3 Unless stated otherwise, quotations are valid for 30 days from the date given.
3.4 A contract is formed only when Blueaxis confirms acceptance of the Booking.
3.5 Each Booking is a separate contract between Blueaxis and the Customer.
3.6 Blueaxis may amend charges if the Customer provides incorrect, incomplete or changed information.
3.7 Additional charges may apply for waiting time, loading time, failed collections, failed deliveries, additional mileage, parking, tolls, congestion charges, ferry charges, storage, redelivery, returns, specialist equipment, out-of-hours work or any other service not included in the original quotation.
3.8 Unless agreed otherwise, the Consignment shall only be delivered to the address provided at the time of Booking.
3.9 Blueaxis may choose the route, vehicle, driver, subcontractor and method of delivery at its discretion.
4. Customer Responsibilities
4.1 The Customer must ensure that all information provided to Blueaxis is accurate, complete and not misleading.
4.2 The Customer must ensure that the Consignment is properly packed, protected, labelled and suitable for transport.
4.3 The Customer must disclose the true nature, weight, size, value and contents of the Consignment.
4.4 The Customer must ensure that the Consignment may lawfully be collected, transported, stored and delivered.
4.5 The Customer must provide all documents, permits, customs information and declarations required for the safe and lawful carriage of the Consignment.
4.6 Blueaxis shall not be liable for loss, damage, delay or additional costs caused by poor packaging, inaccurate information, incorrect addressing, missing documents, restricted access or failure by the Customer to comply with these Conditions.
5. Dangerous Goods, Excluded Goods and Prohibited Items
5.1 Dangerous Goods must be disclosed before a Booking is accepted.
5.2 Blueaxis shall not be required to carry Dangerous Goods unless it has expressly agreed to do so in writing.
5.3 Where Dangerous Goods are accepted, the Customer must ensure they are correctly classified, packed, labelled, documented and transported in accordance with all applicable laws and regulations.
5.4 Excluded Goods must be disclosed at the time of Booking, together with their nature and value.
5.5 Blueaxis may refuse to carry Excluded Goods or may accept them subject to additional charges, special conditions and separate liability limits.
5.6 Prohibited Items must not be submitted for carriage unless Blueaxis has expressly agreed in writing.
5.7 If the Customer submits Dangerous Goods, Excluded Goods or Prohibited Items without proper disclosure and written acceptance, the Consignment shall travel entirely at the Customer’s risk.
5.8 The Customer shall indemnify Blueaxis against all claims, losses, fines, penalties, costs, damage, legal expenses and liabilities arising from the carriage or attempted carriage of Dangerous Goods, Excluded Goods or Prohibited Items.
6. Collection, Loading and Delivery
6.1 The Customer must ensure safe and reasonable access at the collection and delivery locations.
6.2 Unless agreed in writing, Blueaxis is not required to provide labour, lifting equipment, forklifts, cranes, tail lifts or any specialist loading or unloading support.
6.3 Where Blueaxis agrees to provide additional loading, unloading, handling, installation, movement inside premises or other non-standard services, those services shall be performed at the Customer’s risk unless otherwise agreed in writing.
6.4 Blueaxis shall not be liable for damage arising from entry onto premises, use of third-party equipment, movement of goods beyond normal point-to-point delivery or any instruction given by the Customer, Consignee or their representatives.
6.5 The Customer shall indemnify Blueaxis against any claim arising from non-standard services requested by the Customer or Consignee.
6.6 Blueaxis will use reasonable efforts to collect and deliver within estimated times, but collection and delivery times are estimates only unless expressly agreed in writing.
6.7 Time shall not be of the essence unless expressly confirmed in writing by Blueaxis.
7. Proof of Delivery
7.1 Blueaxis may obtain proof of delivery by signature, electronic signature, photograph, GPS record, name confirmation, barcode scan, delivery note or any other reasonable delivery record.
7.2 Any proof of delivery obtained by Blueaxis shall be treated as evidence of delivery.
7.3 If the Customer instructs Blueaxis to deliver without a signature, leave goods unattended or deliver to a nominated safe place, the Customer accepts all risk arising from that instruction.
7.4 Blueaxis shall not be liable where the Customer has waived the requirement for signed proof of delivery and the Consignment is later alleged not to have been received.
8. Transit
8.1 Transit begins when Blueaxis or its subcontractor takes possession of the Consignment.
8.2 Transit ends when the Consignment is delivered, tendered for delivery, returned to the Customer, placed into storage, disposed of in accordance with these Conditions or otherwise dealt with under the Customer’s instructions.
8.3 If delivery cannot be completed and the Customer does not provide further instructions within 24 hours of request, Transit may be treated as ended.
8.4 Blueaxis may open, inspect or examine any Consignment where it reasonably believes there is a safety, security, legal, customs, compliance or operational concern.
9. Failed Delivery, Unclaimed Goods and Storage
9.1 If delivery cannot be completed for any reason, Blueaxis may contact the Customer or Consignee for further instructions.
9.2 Blueaxis may charge for failed delivery, waiting time, storage, return, redelivery or disposal.
9.3 If the Customer does not provide instructions within 7 days of notice being given, Blueaxis may return, store, sell, dispose of or destroy the Consignment.
9.4 Where goods are sold, Blueaxis may deduct all outstanding charges, storage costs, sale costs and other expenses from the proceeds.
9.5 Any remaining proceeds shall be paid to the Customer where reasonably possible.
9.6 If the proceeds are insufficient to cover Blueaxis’s charges and costs, the Customer shall remain liable for the shortfall.
10. Cancellation
10.1 The Customer may cancel a Booking before collection, subject to this clause.
10.2 If the Customer cancels after a driver, vehicle or subcontractor has been allocated or dispatched, Blueaxis may charge a reasonable cancellation fee up to the full Booking value.
10.3 If the Customer cancels after collection has taken place, the full charge shall remain payable.
10.4 Blueaxis may cancel a Booking immediately if the Customer breaches these Conditions, fails to pay, provides inaccurate information, submits unsuitable goods or creates a legal, safety or operational risk.
10.5 Blueaxis may recover any losses, costs or missed work opportunities caused by cancellation or breach by the Customer.
11. Charges and Payment
11.1 The Customer shall pay all charges confirmed by Blueaxis and any additional charges properly incurred.
11.2 Unless otherwise agreed in writing, payment terms are 14 days from the date of invoice.
11.3 Blueaxis may agree extended payment terms for approved Account Customers at its discretion.
11.4 All charges are exclusive of VAT and any applicable taxes, duties, tolls, levies or surcharges.
11.5 Blueaxis may issue invoices, statements and credit notes electronically.
11.6 Any invoice query must be raised in writing within 7 days of the invoice date. If no query is raised within that period, the invoice shall be treated as accepted.
11.7 Blueaxis may charge interest on overdue sums at 4% above the Bank of England base rate from the due date until payment is made.
11.8 The Customer shall reimburse Blueaxis for all reasonable costs of recovering overdue amounts, including legal fees, collection fees and administrative costs.
11.9 Credit facilities may be withdrawn at any time and all outstanding sums shall become immediately due.
11.10 Blueaxis may vary its tariffs or introduce surcharges by giving not less than 30 days’ written notice.
12. Credit Card and Pre-Authorisation Payments
12.1 Where payment is made by card, Blueaxis may pre-authorise the quoted charge plus an additional amount to cover waiting time, changes or other additional charges.
12.2 The Customer authorises Blueaxis to charge the final amount payable after completion, cancellation or attempted completion of the Booking.
12.3 If the pre-authorised amount is insufficient, the Customer authorises Blueaxis to charge the balance to the same card or to invoice the Customer for the balance.
13. Liability
13.1 Nothing in these Conditions excludes or limits liability for death or personal injury caused by negligence, fraud,
fraudulent misrepresentation or any liability that cannot lawfully be excluded.
13.2 Subject to clause 13.1, Blueaxis shall not be liable for:
a) loss of profit;
b) loss of revenue;
c) loss of business;
d) loss of goodwill;
e) loss of anticipated savings;
f) loss of data;
g) loss of use;
h) indirect or consequential loss;
i) delay-related loss;
j) cost of substitute goods or services.
13.3 Blueaxis shall not be liable for loss, damage, delay or misdelivery caused by:
a) incorrect or incomplete information supplied by the Customer;
b) inadequate packaging or labelling;
c) natural deterioration, fragility or inherent defect of the goods;
d) acts or omissions of the Customer, Consignee or third parties;
e) customs delays;
f) weather, traffic, accident, road closure or industrial action;
g) war, riot, fire, flood, storm, pandemic, government action or other events beyond reasonable control;
h) carriage of Dangerous Goods, Excluded Goods or Prohibited Items not properly disclosed and accepted.
14. Liability Limits
14.1 Unless a higher value is declared and accepted in writing by Blueaxis, Blueaxis’s liability for loss of or damage to a Consignment shall be limited as follows:
Non-Account Bookings, Same-Day Deliveries within Great Britain
Value of Consignment Must Value Be Declared? Additional Fee Maximum Liability
Less than £100 No No £100
£100 to £1,000 Yes No £1,000
Over £1,000 Yes Yes, to be agreed. To be agreed in writing
Account Bookings, Same-Day Deliveries within Great Britain
Value of Consignment Must Value Be Declared? Additional Fee Maximum Liability
Less than £1,000 No No £1,000
£1,000 to £5,000 Yes No £5,000
Over £5,000 Yes Yes, to be agreed. To be agreed in writing
Overnight and International Deliveries
Value of Consignment Must Value Be Declared? Additional Fee Maximum Liability
Less than £100 No No £100
Over £100 Yes 2% of declared value, minimum
£25, unless otherwise agreed. To be agreed in writing
14.2 Blueaxis shall not be liable for Excluded Goods unless they were declared before the Booking and Blueaxis accepted them in writing.
14.3 For goods stored by Blueaxis, liability shall not exceed £1,000 per Consignment unless a higher limit has been agreed in writing.
14.4 The Customer must provide written evidence of the value of any lost or damaged Consignment.
14.5 Blueaxis shall be entitled to inspect any damaged Consignment before any claim is accepted.
15. Claims
15.1 Any claim for loss, damage or mis-delivery must be notified to Blueaxis in writing within 7 days of the end of Transit.
15.2 Full written details of the claim, including value, circumstances and supporting evidence, must be provided within 14 days of the end of Transit.
15.3 Claims will not be accepted solely by marking a consignment note or delivery document.
15.4 Failure to comply with the time limits in this clause may result in the claim being rejected.
15.5 The Customer may not withhold payment of Blueaxis’s invoices because of a pending claim.
16. Data Protection
16.1 The Customer shall ensure that any Personal Data supplied to Blueaxis may lawfully be used for the purpose of providing the Services.
16.2 Blueaxis may process delivery names, addresses, contact details, payment details, booking history and related information to manage Bookings and provide Services.
16.3 Blueaxis shall process Personal Data in accordance with applicable Data Protection Legislation.
16.4 Blueaxis does not inspect or process the contents of a Consignment for data protection purposes.
16.5 The Customer is responsible for deciding whether the chosen service is suitable for transporting documents or
goods containing Personal Data.
16.6 The Customer shall indemnify Blueaxis against losses, fines, costs or claims arising from the Customer’s failure to comply with data protection obligations.
17. Website, App and Online Services
17.1 Information on the Website, App or online portal is provided for general use and may not meet every Customer’s specific requirements.
17.2 The Customer is responsible for ensuring that any Booking made online is suitable for its needs.
17.3 Blueaxis does not guarantee that the Website, App or online systems will always be available, uninterrupted, secure or error-free.
17.4 Blueaxis may withdraw, suspend or amend any online service without notice.
17.5 All rights in the Website, App, software, systems, branding and content belong to Blueaxis or its licensors.
18. Indemnity
18.1 The Customer shall indemnify Blueaxis against all claims, losses, damages, fines, penalties, proceedings, liabilities,
costs and expenses arising from:
a) breach of these Conditions by the Customer;
b) inaccurate, incomplete or misleading information;
c) fraud, negligence, error or omission by the Customer, Consignee or owner of the goods;
d) carriage of Dangerous Goods, Excluded Goods or Prohibited Items;
e) claims by third parties exceeding Blueaxis’s liability under these Conditions;
f) customs, duty, tax or regulatory issues relating to the Consignment;
g) breach of data protection obligations;
h) damage caused to vehicles, property, staff, subcontractors or other goods.
19. Confidentiality and Non-Solicitation
19.1 The Customer shall keep confidential all pricing, payment terms, commercial arrangements and operational information supplied by Blueaxis.
19.2 The Customer shall not make any public announcement about its relationship with Blueaxis without prior written consent, unless required by law.
19.3 During the business relationship and for 6 months after the last Booking, the Customer shall not directly or indirectly solicit, employ, engage or contract with any employee, driver, agent or subcontractor of Blueaxis who was involved in providing services to the Customer.
20. Subcontracting and Assignment
20.1 Blueaxis may subcontract, delegate or assign all or part of its obligations under any Booking.
20.2 The Customer may not assign, transfer, subcontract or otherwise dispose of its rights or obligations without Blueaxis’s prior written consent.
21. Notices
21.1 Any notice to Blueaxis must be sent in writing to Blueaxis’s registered office or to the email address provided by Blueaxis for customer communications.
21.2 Notices to the Customer may be sent to the postal address or email address provided during the Booking process.
21.3 Notices sent by first-class post shall be deemed received 2 Working Days after posting.
21.4 Notices sent by email shall be deemed received 24 hours after sending, provided no delivery failure notification is
received.
22. Force Majeure
22.1 Blueaxis shall not be liable for failure or delay caused by circumstances beyond its reasonable control.
22.2 Such circumstances may include traffic disruption, road closures, accidents, adverse weather, strikes, fire, flood, war, terrorism, pandemic, government action, customs delay, fuel shortage, vehicle breakdown or failure of third-party systems.
23. Severance
23.1 If any provision of these Conditions is found to be invalid, unlawful or unenforceable, the remaining provisions shall continue in full force.
23.2 Any invalid or unenforceable provision shall be treated as modified to the minimum extent necessary to make it valid and enforceable.
24. Waiver
24.1 A failure or delay by Blueaxis in enforcing any right shall not amount to a waiver of that right.
24.2 Any waiver must be given in writing and shall apply only to the specific matter for which it is given.
25. Entire Agreement
25.1 These Conditions, together with the Booking confirmation and any written special terms agreed by Blueaxis, constitute the entire agreement between the parties.
25.2 The Customer confirms that it has not relied on any statement, representation or promise not expressly set out in these Conditions.
25.3 Nothing in these Conditions limits liability for fraudulent misrepresentation.
26. Third Party Rights
26.1 Except for Blueaxis’s employees, agents and subcontractors, no person who is not a party to the contract shall have any right to enforce these Conditions under the Contracts (Rights of Third Parties) Act 1999.
26.2 Blueaxis’s employees, agents and subcontractors may rely on the protections, exclusions and limitations contained in these Conditions.
27. Call Recording
27.1 Telephone calls to and from Blueaxis may be recorded or monitored for training, quality, compliance and dispute resolution purposes.
28. Governing Law and Jurisdiction
28.1 These Conditions and any non-contractual claims arising from them shall be governed by English law.
28.2 The parties submit to the exclusive jurisdiction of the courts of England and Wales.
Blueaxis Logistics Ltd
Terms and Conditions of Carriage and Logistics Services