TERMS AND CONDITIONS OF CARRIAGE

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KW JOY LTD
Company Number: 11752287
Registered Office: 83 Plantshill Crescent, Coventry, England, CV4 9RQ
Website: joytransport.co.uk

Last updated: 01.02.2026


1. Application

These Conditions apply to all contracts for the carriage of goods by road undertaken by KW JOY LTD (“the Company”).

No variation shall be effective unless agreed in writing by a director of the Company.

If international carriage is performed, the Convention on the Contract for the International Carriage of Goods by Road (CMR) shall apply where mandatory.


2. Definitions

“Customer” means the person or entity contracting with the Company.
“Goods” means the cargo accepted for carriage.
“Carriage” includes loading, transportation and unloading.


3. Subcontracting

The Company reserves the right to subcontract the whole or any part of the Carriage.

The Company acts as principal unless otherwise agreed in writing.


4. Customer’s Obligations

The Customer warrants that:

  • The Goods are properly packed and secured
  • The Goods are accurately described
  • The weight and dimensions are correct
  • The Goods are not dangerous, hazardous, illegal or prohibited unless declared in writing

The Customer shall indemnify the Company against any loss, damage, liability or expense arising from breach of this clause.


5. Dangerous Goods

The Company will not accept hazardous or dangerous goods unless agreed in advance in writing.

The Company may dispose of undeclared dangerous goods without compensation.


6. Loading and Unloading

Unless otherwise agreed:

  • The Customer is responsible for safe loading and unloading
  • The Company is not liable for damage caused by improper loading

7. Transit and Delivery

Delivery times are estimates only.

The Company shall not be liable for delay unless expressly agreed in writing.

The Company may deliver the Goods at any safe location at the delivery address.

Proof of delivery may include signature, electronic confirmation or photographic evidence.


8. Liability

8.1 General Liability

The Company’s liability for loss or damage to Goods shall be limited to:

  • £1,300 per tonne of gross weight of the Goods lost or damaged
    OR
  • The value declared and accepted in writing prior to carriage

whichever is lower.

8.2 International Carriage

Where CMR applies, liability shall be determined in accordance with the CMR Convention.

8.3 Excluded Liability

The Company shall not be liable for:

  • Indirect or consequential loss
  • Loss of profit
  • Loss of business
  • Loss of market
  • Loss caused by insufficient packaging
  • Loss caused by inherent defect of the Goods
  • Loss arising from inaccurate instructions

8.4 Aggregate Liability

In any event, total liability shall not exceed the charges paid for the relevant carriage.

8.5 Unlimited Liability

Nothing in these Conditions excludes liability for:

  • Death or personal injury caused by negligence
  • Fraud or fraudulent misrepresentation

9. Insurance

The Company maintains Goods in Transit insurance consistent with its liability limits.

If the Customer requires increased cover, this must be agreed in writing prior to carriage and additional charges may apply.


10. Claims

Notice of loss or damage must be given in writing within:

  • 7 days of delivery (visible damage)
  • 7 days of expected delivery date (non-delivery)

Failure to notify within this period may result in rejection of the claim.


11. Charges and Payment

Charges are payable within 14 days of invoice unless otherwise agreed.

The Company reserves the right to:

  • Charge statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998
  • Suspend services for non-payment

12. Lien

The Company shall have a general lien over the Goods and any documents relating to them for all sums due from the Customer.

If payment is not made within a reasonable time, the Company may sell the Goods to recover outstanding sums.


13. Force Majeure

The Company shall not be liable for failure or delay caused by circumstances beyond its reasonable control, including:

  • Weather
  • Traffic disruption
  • Government restrictions
  • Customs delays
  • Border controls
  • Strikes
  • War
  • Pandemic events

14. Termination

The Company may refuse or cease carriage if:

  • The Goods are unsafe
  • Payment terms are breached
  • False information is provided

15. Governing Law and Jurisdiction

These Conditions are governed by the laws of England and Wales.

The parties submit to the exclusive jurisdiction of the courts of England and Wales.

Your Trusted Haulage Partner – Reliable, Efficient, Committed

We operate in whole UK & Ireland

Contact Info
We are based in Rugby & Coventry
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