Terms and Conditions

Conditions of Service

1. Company, “Us”, “us”, “We”, “we”, “our” refers to Touchstone Freight Services Ltd
2. “You”, “you”, “Your”, “your”, “Customer” refers to the Customer, Sender, Consignee or Owner of the Goods.
3. “He” means he or she
4. The Customer warrants that he is the Owner, or the authorised agent of the Owner and, also that he is accepting these conditions not only for himself, but also as agent for and on behalf of the Owner.
5. By handing the Customer’s goods to the Company, the Customer is entering into a contract with the Company and is instructing the Company to ship the goods with a promise to pay in UK all sums of money due, within a maximum of 28 calendar days from the day the Company collects or receives the goods for shipping.
6. In the event that the Customer withdraws Goods from being shipped for any reason, after the Company has stored them for more than 24hrs, a storage and handling charge will be applied payable by the Customer before Goods are collected at the Customer’s own cost and own transport.
7. Where adequate information is provided ahead of accepting the Customer’s goods, the Company can provide an estimate price (quotation) upon request. The estimate is not the final price and actual price of each item is determined when the Company has received the goods.
8. The Company will not accept any unwritten claims of pre-quoted prices by the Customer such as the ones obtained via a telephone conversation. Therefore, the Customer is advised to request a quotation or written confirmation following any price agreement.
9. Punctual settlement of your invoice in full is critical to the operation of the Company’s business and performance of its obligations to the Customer. Therefore, the Customer shall pay all total sums agreed within 28 days of collection of your goods, without reduction or deferment on account of any claim, counterclaim or set-off.
10. The Company does not charge for, it does not provide insurance for your goods against loss or damage. Insurance against loss or damage is not only recommended but necessary, the Company advises the Customer to obtain insurance from an insurer of your choice before handing the goods for shipping. In the event you do not obtain insurance, the Company assumes that the Customer is waiving any future claims for loss or damage.
11. The Company shall perform its duties with a reasonable degree of care, diligence, skill and judgment.
12. The Company shall be relieved of liability for any loss or damage if, and to the extent that, such loss or damage is caused by:-

(a) strike, lock-out, stoppage or labour restraint, the consequences of which the Company is unable to avoid by the exercise of reasonable diligence; or

(b) any cause or event which the Company is unable to avoid, and the consequences of which the company is unable to prevent by the exercise of reasonable diligence.

13. The Company shall be relieved of liability such as malfunction of electrical goods on arrival, loss due to acts of war and terror, loss at sea including shipwrecks, lost containers, banditry, piracy, road accidents, robberies and any such acts deemed to be beyond our reasonable control as long we can demonstrate that we have put in place reasonable measures.
14. The Customer warrants that all Goods have been properly and sufficiently prepared, packed, stowed, labelled and/or marked, and that the preparation, packing, stowage, labelling and marking are appropriate to any operations or transactions affecting the Goods and the characteristics of the Goods.
15. The Company cannot be held liable to damage caused to any items containing glass such as cookers, solar panels, mirrors etc. Such items should be package adequately by professional packers and if such items break in transit the Company shall not be liable for the damage.
16. The Company will not accept any goods or items considered dangerous. These include illegal substances or items, firearms, weapons, goods or articles of an inflammable or dangerous nature. For more information and full list of restricted and dangerous goods please consult destination country customs and the gov.uk websites for further details.
17. Should the Customer fail to take delivery at the appointed time and place when and where the Company is entitled to deliver, or should Goods arrive in destination country without full settlement of all money charged, the Company shall be entitled to store the Goods, or any part thereof, at the Customer’s own sole risk, whereupon the Company’s liability in respect of the Goods, or that part thereof, stored as aforesaid, shall wholly cease. The Company’s liability, if any, in relation to such storage, shall be governed by these conditions. All costs incurred by the Company as a result of the failure to take delivery shall be deemed as freight earned, and such costs shall, upon demand, be paid by the Customer. Failure to pay and collect your goods within 14 days will result in goods being disposed of and legal route shall be pursued to recover costs incurred.
18. Without prior agreement in writing by an officer of the Company so authorised, the Company will not accept or deal with Goods that require special handling regarding carriage, handling, or security whether owing to their thief attractive nature or otherwise including, but not limited to bullion, currency, securities, precious stones, jewellery, valuables, antiques, pictures, human remains, living creatures, plants. Should any Customer nevertheless deliver any such goods to the Company or cause the Company to handle or deal with any such goods, otherwise than under such prior agreement, the Company shall have no liability whatsoever for or in connection with the goods, howsoever arising.
19. The Company is acting on behalf of the Customer for purposes of Customs Clearance and as such will not be made liable for any goods seized by customs due to excessive charges beyond which the Customer has been charged for nor goods seized by Customs due to the goods or part thereof being on restricted list for import. An extra cost incurred by the Company in such event shall be payable by the Customer upon request.
20. The Customer undertakes that no claim shall be made against any director, servant, or employee of the Company which imposes, or attempts to impose, upon them any liability in connection with any services which are the subject of these conditions, and, if any such claim should nevertheless be made, to indemnify the Company against all consequences thereof.
21. The Customer shall save harmless and keep the Company indemnified from and against

(a) all liability, loss, damage, costs and expenses whatsoever (including, without prejudice to the generality of the foregoing, all duties, taxes, imposts, levies, deposits and outlays of whatsoever nature levied by any authority in relation to the Goods) arising out of the Company acting in accordance with the Customer’s instructions, or arising from any breach by the Customer of any warranty contained in these conditions, or from the negligence of the Customer;

(b) without derogation from sub-clause (a) above, any liability assumed, or incurred by the Company when, by reason of carrying out the Customer’s instructions, the Company has become liable to any other party;

(c) all claims, costs and demands whatsoever and by whomsoever made or preferred, in excess of the liability of the Company under the terms of these conditions, regardless of whether such claims, costs, and/or demands arise from, or in connection with, the breach of contract, negligence or breach of duty of the Company, its servants, sub-contractors or agents;

(d) any claims of a general average nature which may be made on the Company.

22. The Company accepts no responsibility with regard to any failure to adhere to agreed departure or arrival dates of Goods.
23. The Company’s liability in the case of claims for loss or damage to Goods or any other claim howsoever arising and, notwithstanding that the cause of loss or damage or any other be unexplained, shall not exceed:

(a)    the value of any loss or damage; or

(b)   the market value of the item; or

(c)    2 x the shipping price charged for the item whichever shall be the lesser.

24. In order for it to be admissible, the Company must be notified of any claim by means of a letter send via email within 4 calendar days of the delivery of the goods.
25. The Company shall not in any circumstances whatsoever be liable for indirect or consequential loss such as (but not limited to) loss of profit, loss of market, or the consequences of delay or deviation, however caused.
26. All our contractual relations will be governed exclusively by United Kingdom law.

General Terms and Conditions of this Website

These Terms govern your access to, usage of all content, Product and Services available at https://touchstonefreight.co.uk website (the “Service”) operated by Touchstone Freight Services LTD (“us”, “we”, or “our”).

Your access to our services are subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules and policies published and that may be published from time to time by us.

Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to any part of the terms of the Agreement, then you may not access or use our Services.

Intellectual Property

The Agreement does not transfer from Us to you any of Ours or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Touchstone Freight Services LTD and its licensors.

Third Party Services

In using the Services, you may use third-party services, products, software, embeds, or applications developed by a third party (“Third Party Services”).

If you use any Third Party Services, you understand that:

• Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party websites or Services.
• You acknowledge and agree that We shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods or services available on or through any such web sites or services.

Accounts

Where use of any part of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account.

You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.

You are responsible for maintaining the security of your account that you use to access the Service. You shall not share or misuse your access credentials. You must notify us immediately of any unauthorized uses of your account or upon becoming aware of any other breach of security.

Termination

We may terminate or suspend your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately.

If you wish to terminate the Agreement or your Touchstone Freight Services LTD account, you may simply discontinue using our Services.

All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimer

Our Services are provided “AS IS.” and “AS AVAILABLE” basis. Touchstone Freight Services LTD and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Touchstone Freight Services LTD, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Jurisdiction and Applicable Law

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of United Kingdom.

The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in United Kingdom.

Changes

Touchstone Freight Services LTD reserves the right, at our sole discretion, to modify or replace these Terms at any time.

If we make changes that are material, we will let you know by posting on our website, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect.

If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective.

Your continued use of our Services will be subject to the new terms.