General terms and conditions of carrier contracting
Updated version from march 2018
INFORMATION PRIOR TO THE CONTRACTING PROCESS
These General Conditions regulate the legal framework of the contracting and use of Carrier services of Ontruck LTD, a limited company registered in England and Wales (Company number 10845075) whose registered office is at 55 Baker Street, London W1U 7EU 7GS, accessible at the website of its property www.ontruck.com/uk
The use of the carrier service is exclusively reserved for registered users. Therefore, access, contracting and use of the Ontruck service requires that the Carrier previously obtain the condition of Registered User through the formalization of its registry in accordance with the current parameters required at the time of the registry request by Ontruck at the website and/or in the service app, according to that established in this document and in the applicable regulations.
Similarly, to ensure the proper formalization of the user’s registry, and at each moment, for the contracting of the service, Ontruck shall demand knowledge, conformity and acceptance with these General Conditions on behalf of the User, as a prior and essential requirement for access to the same.
In all cases, Ontruck reserves the right to temporarily modify, extend or suspend, at any moment and unilaterally, without the need for prior notice, the presentation, technical specifications and configuration of the Ontruck service and its contents and services, as well as these General Conditions.
All website content shall be in the english language.
The following definitions apply to the terms and conditions of Use of the Service and to the contracting of the same:
- Carrier: Refers to the individual having the obligation of carrying out the transport service according to the terms of this Contract.
- Loader/Sender: Refers to the individual contracting the Ontruck transport service, according to the terms established in this Contract, with the Consignor or Recipient potentially adopting this position.
- Consignor: Refers to the individual who, on behalf of the Loader, shall deliver the merchandise to the Carrier in the merchandise reception site.
- Recipient/Consignee: The individual to whom the Carrier should deliver the merchandise at the destination site.
- User / Registered User: Refers to any user of the Service who is duly registered in the Ontruck systems.
- Shipment: A shipment or consignment is considered to be the merchandise that the loader simultaneously delivers to the carrier for its transport and delivery to a sole recipient, from a specific loading location to a specific destination. The transport may include a single shipment or a series of the same.
- Package: each differentiated loading unit that makes up the merchandise of the transport, regardless of its volume, dimensions and content.
- Bill of Lading: Transport document.
- Contract: Refers to this document, in which the terms and conditions of Service provision are included.
- Load Form: Document to be filled out by the Loader, including, a minimum of the following: load specifications, address of collection, delivery address, load weight, requirements for transport in special vehicle, range of hours for collection and delivery of the load and any other requirements that may be necessary to carry out the shipment.
- Data: Personal details which Ontruck may have access to based on the Service provision.
- Platform: Refers to the “www.Ontruck.com/uk” website.
- Service: Refers to the Ontruck services described in these General Conditions.
- Initial Price: refers to the price that is applicable to the shipment in accordance with the current fees and conditions of Ontruck at all times, and which is communicated by Ontruck when completing Shipment Acceptance is made.
- Final Price: refers to the shipment price resulting from the addition to the initial price of all of the expenses and extras that may arise during the carrying out of the Service, in accordance with that established in these General Conditions, always when complying with the current fees and conditions of Ontruck at all times.
2. SCOPE OF THE SERVICE PROVISION
The Service provided by Ontruck consists of the carrying out of the activity of contacting, through the Platform and the technical means and materials, comprising the same, of Loaders and Carriers, duly registered as Users, who are interested in the road transport and shipment of loads and merchandise. Through the Platform of Loaders, it is possible to publish the data of the desired shipment requests and the Carriers may accept said shipment requests.
The use and contracting of the Service is governed by that included in this Contract, with which the Carrier is obligated to comply, with all of the provisions established in these General Conditions being applicable.
2.2. Procedure regarding Shipment Requests
The process is initiated when the Loader requests that a Shipment be carried out, filling out the Load Form. Once Ontruck accepts the publication of the Shipment, its data shall be published in the Service, becoming visible for all Carriers in the area. The Carriers may see a list of the available shipments via the Service. Nevertheless, Ontruck may offer the Shipment to specific Carriers, prior to its publication in the Service, in order to satisfy any specific Loader needs. The Carrier reserves the right to accept a Shipment.
The Shipment shall be assigned to the first Carrier who accepts it and complies with the Shipment conditions as designated in the Load Form. Once accepted by the Carrier, Ontruck shall send the confirmation of this via email to the Loader who may access their information via the website and determine the status of their Shipment/s. Once a Shipment is accepted by the Carrier a contract exists to complete the Shipment on time and the delivery made in full. Carrier performance is monitored and repeated cancellations could lead to permanent exclusion from the Ontruck platform. In any case, any cancellation must be made by phone call and a cancellation notice confirmed with Ontruck.
Once the Shipment has been accepted by the Carrier through the Platform, they shall declare that they know and are in agreement regarding the following:
- The content of these General Conditions
- The conditions, characteristics and specifications of the Shipment, and when relevant, of the vehicle to be used.
- The Price to be received for the carrying out of the transport service
- The applicable taxes, when relevant, for areas included in clause 4 regarding additional expenses and fees that may be incurred during the Shipment.
- The material issue by Ontruck of an invoice corresponding to the Shipment in its name, according to that established in Stipulation 5.2.
The Carrier shall be the party that is responsible for providing its own telephone number for the use of the Service. When circumstances so require, Ontruck may contact the Loader and Carrier outside of the Platform.
The Carrier shall direct any questions or doubts regarding the Load Form to Ontruck, who shall designate an individual to be responsible for the Shipment. This responsible individual shall handle all questions that the Carrier and the Loader may have with regards to the Shipment and the organization and quality of the Service that is being provided. Instructions for the route shall be merely informative. The Carrier should make a vehicle available to the Loader in the place and time signalled.
Once the merchandise has been collected by the Carrier at its site of origin, the Loader shall sign a copy of legal documents and/or delivery note to the Carrier according to the terms agreed upon for the Shipment.
Once the Shipment has been made, the Carrier shall immediately sign a copy of the duly completed Bill of Lading and/or the legal l document and/or the delivery note.
At the same time, once the Recipient has received the merchandise in the destination site, they shall immediately sign a duly completed copy of the Bill of Lading and/or legal document and/or delivery note. Via this signature, the Loader shall consider the merchandise to have been delivered by the Carrier to the recipient, according to the terms laid out for the Shipment.
In case the Shipment is performed by several drivers and/or vehicles, the Carrier must inform Ontruck for its acceptance.
2.4. Bill of Lading / Proof of Delivery
Ontruck shall demand a bill of lading via the Platform, generating this in electronic format and in four original copies to be signed by the Consignor, Carrier and Recipient and, for these purposes, a legal representative of Ontruck. Once completed, the bill of lading, in digital form, shall be sent to all parties intervening in the process via email.
The Carrier is obliged to provide copy of the bill of landing/proof of delivery within 48 hours since the execution of the Shipment. The Carrier expressly agrees and accepts that the lack of provision of the copy of the proof of delivery will allow Ontruck to withold payments until the proof of deliveries are effectively provided.
Ontruck requires a Bill of Lading for every Shipment. When the Shipment is distributed in various vehicles,
Ontruck shall require the issue of one Bill of Lading per vehicle.
The Bill of Lading shall include all of the legally required information, and at least the following information: (i) place and date of the issue, (ii) identification of the intervening parties for each shipment: consignor, contractual loader, carrier and recipient who shall receive the merchandise, (iii) place and date of reception and delivery of the merchandise, (iv) nature of the merchandise, number of packages and identification signs and marks, (v) quantity of the merchandise, determined by its weight or expressed in another manner, (vi) type of packaging used to prepare the shipments (vii) agreed transport price and whether or not it shall be paid by the loader or the recipient (viii) instructions for compliance with the mandatory administrative formalities and procedures related to the merchandise, and (ix) any other information that the parties may consider useful and that is applicable based on special legislation, according to the nature of the merchandise or other circumstances.
The Carrier shall be responsible for the expenses and damage that may result from imprecise or insufficient data that is included in the Bill of Lading. The absence or any irregularities in the Bill of Lading shall not result in the non-existence or invalidity of the Shipment. The omission of any of the previously cited information shall not deprive the effectiveness of the Bill of Lading with regards to the information that has been included. The Bill of Lading signed by the parties bears witness to the correct completion of the Shipment, as well as to the receipt of the merchandise, unless there is proof to the contrary.
3. USER CONDITIONS
In order to use the Service, it is necessary for the Carrier to have previously registered, via completion of a User Registration Form, which shall be at available to anyone who wishes to register as a Registered User. Compliance is also required with the terms and conditions of this Contract as appearing in these General Conditions of Service and with the different Costs and Fees applicable to the Shipment. Registration as a registered user is authorized by Ontruck, who reserves the right to reject the registration of any user that does not comply with the parameters and conditions included in these General Conditions and/or in the applicable regulations. During the collection and treatment of the Personal Data of Carriers,that included in the Law on Personal Data Protection shall be applicable, as appearing in clause 8 below, and in current legislation.
In compliance with current regulations, Ontruck shall offer information on all of its services, its characteristics and prices. However, Ontruck reserves the right to remove, replace or change the services that are offered via its webpage, by simply changing the content of the same. In this way, the services offered on the website shall, at all times be governed by the General Contracting Conditions which are applicable in all cases. Similarly, Ontruck shall have the authority to stop offering access to the mentioned services with no prior warning, and at any time.
3.2. Declarations and Guarantees
Through the acceptance of the terms and conditions of this Contract, the Carrier declares:
- To have read, understood and accepted the content of this document, in all terms.
- To assume all of the obligations contained in the same.
- To be of legal age and have the legal capacity and sufficient authority to use this Service on behalf of the User.
- To act in name and on behalf of a legal entity or as a Self-Employed Worker.
- To contract the Service in its area of exercising of commercial activity and not as the final consumer, for the purposes of current legislation.
- To have agreed that their data shall go on to form a part of the database of Ontruck, in compliance with that established in Clause 8. According to that established by law Ontruck informs the Carrier that the personal data collected during the registration process and subsequent contracting of the Service, shall be introduced in a file under their responsibility, for the purpose of processing said actions on behalf of the user and to manage subsequent actions derived from the same.
- The carrier shall not sign any document (neither at origin nor at destination) which implies the assumption on his own behalf or on Ontruck's of any liability in relation to the loading and/or unloading of the goods (if this is not out of the Carriers' obligation), responding to all damages and losses that may result from the breach of this obligation.
The registered user shall be responsible for its password, assuming any damages that may result from its incorrect use, as well as from the transfer, revealing or loss of the same. Ontruck reserves the right to reject registration requests that are made in a fraudulent manner or in violation of any law or right. It may also remove any user who breaches these Terms and Conditions or who has acted in a manner that clearly demonstrates a lack of intent or capacity to comply with them. Unless notifying otherwise, Ontruck understands that the Carrier’s Registered User data has not been modified and that this party has the consent to use it in order to foster loyalty in the relationship between parties. The Carrier is obligated to notify any variation in data.
During the contracting process, the Carrier should identify himself with the user name and password provided. This data shall not be made public. The Carrier shall be responsible for confidentially and responsibly handling the identity and password obtained in the register as a client, being prohibited from transferring them to others.
Ontruck reserves the right to demand true documents detailing the personal identification and, when relevant, the powers of representation based upon which the Carrier shall act, expressly stating the name, legal form, corporate purpose and company number the Carrier represents, with this party being obligated to facilitate this documentation. Ontruck reserves the right to remove any Carrier who fails to deliver the requested documentation.
3.3. User Obligations
The registered User agrees to make appropriate use of the Service and, for example (but not limited to the following), agrees not to engage in any of the following behaviours:
- Use false identities; provide false information or that which belongs to another individual in its registration or User profile.
- Transfer its User name and password to any natural or legal entity.
- Engage in illegal or unlawful activities or those that are contrary to good faith and public order.
- To publish, announce, load or transport articles that breach Clause 4.3 of this Contract.
- To engage in any act that may directly or indirectly cause damage to Ontruck, or to another User.
- To suppress, avoid or manipulate the safety measures implemented by Ontruck.
- To attempt to access and, when relevant, to use the account of another User and to modify its content.
- To collect, in any manner, information regarding a User without their consent.
- To distribute viruses or other technologies that may damage Ontruck or the interest and properties of the Ontruck Users.
4. CARRIER CONDITIONS
4.1. Declarations and guarantees
The Carrier agrees, solely in the area of transport services as described in this Contract, to offer the Service in compliance with these Contract terms and conditions, and in compliance with the Load Form corresponding to the Shipment.
With the acceptance of the terms and conditions of this Contract, the Carrier declares, guarantees and responds to Ontruck that:
- It is the titleholder of a company that is especially designed and equipped for the carrying out of merchandise road transports for others, using its own personal means and materials and having one or more suitable vehicles that have their own towing capacity.
- It is duly authorized to provide Shipment services as carrier of merchandise in accordance with current law and wishes to offer its transport services.
- Throughout the time of use of the Service and the making of Shipments, it shall possess Operator’s license and all of the licenses, permits, registries, authorizations and capacities in accordance with applicable legislation, so as to carry out the Shipment services described in this Contract, with reference to the merchandise, the geographical area and the special instructions of the Loader or those requirements related with the Shipment that is made.
- Throughout the time of use of the Service and making of Shipments, it shall comply with all of the applicable laws related to the provision of transport services.
- Shall use an appropriate vehicle based on the type and circumstances of the transport to be carried out, according to the information supplied to the Loader and its experience along with the existing regulations.
- Throughout the time that it uses and carries out the Service provision, to respect and comply with all applicable regulations in the area of traffic, motor vehicle traffic and road safety, with the Carrier being the full, sole and exclusive responsible party for the consequences resulting from any breach and/or infraction of the same. The Carrier shall assume, in all cases, any sanctions and/or civil, economic, criminal, administrative and other type of consequences that may result from their misconduct, lack of professionalism, distraction or negligence in the driving of the vehicle, during the course of the Shipment.
The Carrier shall underwrite and keep sufficient civil liability insurance throughout the carrying out of the Shipment. This policy is to be held with a recognized insurance company and shall be sufficient enough to cover the potential liabilities derived from the offering of the Service (and with a minimum limit as agreed, when relevant, between Ontruck and the Carrier).
At all times, the Carrier shall contract and retain those insurance policies that are mandatory in accordance with current legislation, throughout the execution of the Shipment. These policies should be sufficient in order to cover any claims that may arise as a result of the material and/or personal damage caused to Ontruckand/or third parties, resulting from the execution of this Shipment. Also, if requested by Ontruck, it should underwrite a specific damages insurance policy for the merchandise from a specific Shipment.
The breach of the contracting and maintenance obligations of the insurance policies on behalf of the Carrier is considered to be a serious non-compliance of the Carrier obligations and shall permit Ontruck to terminate their User account, without the carrier having any right to compensation and notwithstanding the right of Ontruck to claim compensation from the Carrier for any damages and losses that Ontruck may have suffered as a result of the cited breach.
At no time may the Carrier accept a Shipment if its authorization for the land transport of merchandise (“Operator’s License”) is not valid, has expired or is pending its visa period, or if this has not been carried out or if it has received a negative safety assessment from any authority with jurisdiction over its operations. Notwithstanding this, in accordance with applicable law, the transport in vehicles having less than 4 wheels or in 4-wheel vehicles whose maximum authorized mass is less than 2 tons, shall not require said authorization.
The Carrier shall immediately notify Ontruck if it does not comply with the previous section.
4.4. The equipment
- At its own expense and risk, the Carrier shall offer all of the equipment necessary for the Service provision and shall pay all expenses related to the use, functioning or maintenance of said equipment (including fines, penalizations and fees).
- The work equipment used by the Carrier to carry out the Shipment shall comply with all of the applicable regulatory standards, tests, requirements, licenses, titles, permits and quality registers, and shall be sufficient in quantity to satisfy the needs of the Shipment transport that it agrees to make.
The Carrier should use a vehicle that is suitable for the type and circumstances of the transport that it is going to carry out, as well as for the access and traffic in the sites where the loading and unloading is to occur, in accordance with the information supplied by the Loader. When the transport should be made using specially prepared vehicles in order to control for temperature, air humidity or other environmental conditions, the Carrier shall ensure the optimal and ideal preservation of the merchandise and should take all necessary measures with regards to the selection, maintenance and use of vehicle installations.
4.5. Employees and Services
The Carrier shall designate the work equipment based on the Service that has been contracted and the corresponding Load Form.
For compliance with the obligations resulting from this Contract, and especially, the provisions established in this Clause, the Carrier shall designate the members of the team who are to be responsible for carrying out the Shipment.
The Carrier guarantees that, in the case of relying upon workers, all of these shall be employed, complying with all legislation and relative standards regarding their legal relationship and that they shall be suitably trained for the provision of the Services.
When relevant, the members of the team that are responsible for making the Shipment shall be contracted by the Carrier, maintaining the corresponding general or special labour relations with him, with total independence from Ontruck. Therefore, the Carrier shall comply with all of the applicable obligations of labour contracting, including the payment of its personnel’s salaries and insurance and the guarantee that the worker hours shall be in accordance with applicable regulations.
The Carrier shall be the sole party responsible for the actions and omissions of its employees, before Ontruck.
The Carrier may not subcontract the Shipment Service to another carrier.
The relationship between the Carrier and Ontruck may not be understood as a labour relationship. Therefore, under no circumstances shall any type of relationship, especially a labour relationship, be considered to exist between Ontruck and the Carrier, with this party organizing its material and personal means in compliance with its best criteria for the suitable and complete execution of the Shipment.
Ontruck and the Carrier are Independent companies, an Independence which, in some ways, is altered by this Contract which does not create any relationship of corporate, labour or other similar association between them. The Carrier may not present itself before third parties, in any manner that implies a governing relationship over Ontruck.
4.6. Acceptance of Responsibility
- For compliance with the obligations that are derived from the Service, the Carrier shall be the sole responsible party for the transport Services offered based on this Contract.
- The Carrier assumes, declares and guarantees that it has sufficient capacity, knowledge and experience to satisfy the Shipment. The Carrier, who should rely on the consent of Ontruck, shall personally direct, coordinate and control the transport Service provision that is the subject of the Shipment.
- Therefore, the Carrier assumes the responsibility that results from the transport Services that are provided based on this Contract, including (but not limited to) material damage, total or partial loss of the load, damage or delays, personal injury and death (including, but not limited to the liabilities related to its property and employees). Its responsibility corresponds to the total amount of said loss, damage, cost or other responsibility, regardless of the insurance limits.
- The Carrier shall carry out all that is commercially reasonable to satisfactorily complete (i) the Shipment transport in compliance with that detailed in the corresponding Load Form, and (ii) the load or unloading of the Shipment in the case in which this process is carried out based on an accepted Load Form.
- The Carrier reserves the right to verify whether or not the information contained in the Bill of Lading and the Load Form and/or the control document are precise or sufficient. They alone shall be responsible for the consequences resulting from the loss or poor use of the cited documents. In any case, the compensation under its responsibility shall not exceed the amount corresponding to the loss of the merchandise.
- Notwithstanding that established in the previous section, the Carrier should verify the apparent state of the merchandise and its packaging, the precision of the information in the Bill of Lading or similar document with regards to the number and merchandise signs. When the nature or characteristics so require, the Carrier should verify that the merchandise is appropriately packaged and presented and that it does not cause any hazard and that it is duly marked. Otherwise, the Carrier is obligated to note any defects and reservations that may be found in the Bill of Lading and/or accrediting document, via the specific creation of reservations that are appropriately derived, with the Carrier assuming all responsibility for the lack, absence or imprecision of these reserves in the case in which they should have been made. The Carrier shall ensure that Ontruck is free from claims, consequences and/or damage that may result from the lack of diligence in the verification of the appropriateness of the circumstances and of the merchandise to be transported. Acceptance of the Shipment, or its signature upon receipt in the Bill of Lading or accrediting document shall be conclusive to consider that the load identified in the Load Form is correct and is in apparently proper state, with the Carrier assuming responsibility for the same.
- The Carrier reserves the right to reject Shipments that are in a poor state or that have been identified for transport and that are not accompanied by the necessary documentation or whose nature or characteristics do not coincide with those declared by the Loader. It may also make the admission of the packages upon the acceptance of warnings that may be formulated in the Bill of Lading and/o accrediting document, making note of any defects that may be found. The Carrier is obligated to make all reservations observed with regards to the Service in writing. Likewise, the Carrier guarantees that it shall not engage in the transport of any of the following dangerous merchandise types: the entry of contraband or illegal, dangerous, radioactive, hazardous or offensive articles regulated by the European Agreement concerning the International Carriage of Dangerous Goods by Road (“ADR”), live animals, aggregates, including stones, minerals, land and any material derived from quarries, cranes and any other that may be considered hazardous based on their nature or due to the precautions that are required of their transport or, when relevant, by legal regulations determining the same. The Carrier is obligated to maintain and oversee the merchandise that it to be transported from the time of its receipt at the site of origin until its delivery at the destination. If the transport of the merchandise cannot be carried out according to the conditions foreseen based on justified causes, the Carrier shall communicate this to Ontruck who shall indicate the instructions to be followed for the best interests of the Shipment, including, when so decided by Ontruck, the return of the merchandise to its place of origin, its deposit in a safe warehouse or its transport to a destination under distinct conditions. The expenses and damage resulting from this situation shall be the responsibility of the Loader. All this, notwithstanding that, in no case should Ontruck offer storage and/or deposit Services of the merchandise, being exempt from the responsibilities derived from this situation.
- The Carrier is obligated to deliver the transported merchandise to the Recipient in the agreed site, within the reasonably agreed terms used by a diligent Carrier when carrying out the transport, considering the specific Shipment circumstances.
- The Carrier recognizes that Ontruck shall never possess the merchandise that is transported based on its use of the Service.
The Carrier is responsible for the total or partial loss of the merchandise, for damage suffered from the time of its receipt for transport until its delivery in the destination and for any damage that may be derived from a delay in the execution of the transport, as established in current regulations and in these General Conditions. The Carrier is obligated and agrees to defend, compensate and maintain Ontruck (and its managers, employees and agents) free of liability with regards to claims, lawsuits, loss, damage, expenses and liabilities, including the costs and fees of attorneys that may result from acts and omissions of it or its agents and of its related assistants:
- Use of the Service,
- Carrier characteristics,
- Interaction with another User,
- Breach of this Contract,
- Violation of applicable laws or regulations,
- Shipment content and loss or destruction, full or partial, of the merchandise or its value
- Shipment execution
The Carrier also agrees not to present any claim or lawsuit against Ontruck with regards to the costs, losses, expenses or liabilities that may be derived from the previously detailed actions.
4.8. Service Collection
The Carrier agrees that it shall only address Ontruck for the collection of the transport Service that is offered and for other charges and fees that may result from this Contract, and agrees that its sole resource in the case of failure to pay shall be against Ontruck, and, under no circumstances, against the Loader, Consignor, Recipient or its clients.
During the merchandise transport process, incidents or expenses may arise that were not included in the Initial Price that was accepted by the Carrier. Ontruck shall notify the Carrier, during the Shipment acceptance process, using the Load Form, of the applicable fees at all times based on such considerations as delays in the loading and/or unloading process, greater weight or volume of merchandise, Services carried out on Sundays and Saturdays, holidays or night hours, extra collections or deliveries made during the Shipment, Shipment cancellations and similar. The amounts corresponding to these expenses, when relevant, shall be added to the Initial Price amount, resulting in the Final Service Price to be charged by the Carrier. Ontruck shall notify the carrier of the fees that are applicable at all times, based on the mentioned considerations during the process of compliance with the Load Form, included in this document as Annex no. 1.
The Carrier renounces any claim that may arise against the Ontruck clients for payment of the Services provided in the following. This commitment shall exist beyond the termination of this Contract.
The Carrier may not claim, and currently renounces any right of retention of the Shipments.
The Carrier agrees that it shall not contact any User, be it the Loader, Consigner, Recipient or its clients, who have accessed the Service to request, accept or reserve Shipments for at least the 24 months following the final load accepted via Ontruck by said User.
The previous is notwithstanding the fact that none of the Services are understood to be provided by the Carrier to Ontruck or its Users in an exclusive manner, therefore, the Carrier may offer the same type of Services to third parties other than Ontruck and its Users, always assuming that this does not impede the proper compliance with the contractual obligations based on this Contract.
In the area of transport Service as described in Clause 2, the Carrier agrees to identify itself before the Loader as a User of Ontruck, possibly wearing the Ontruck label on its lapel and on the sides of its vehicle, along with, when relevant, its own distinctive labels, always in a manner in which it indicates Ontruck and with this, under no circumstances, suggesting neither the license or transfer of use of the same mark or logotype in favour of the Carrier and all of this, notwithstanding that established in sections 4.5.8 and 4.5.9 anterior.
5.1. Service Price
- The Initial Service Price shall be established by Ontruck via the Platform and shall be established and shall not vary, not being subject to revision or modification except prior written agreement between Ontruck and the Carrier, and with the exceptions detailed in these Terms and Conditions. The Initial Price shall be stipulated upon completion of the Load Form, and verifying that the Service may be carried out by Ontruck in accordance with this Contract.
- The Price (Initial and Final) shall be calculated in accordance with the Ontruck fee classes that are valid on the date of Shipment, subject to, for example (but not limited to the following), the nature, size and quantity of the merchandise, distance from site of origin to destination site and means required to provide the Service and to carry out the Shipment. Ontruck may change the Service prices.
The Carrier is the party responsible for compliance with all of the obligations referring to the invoicing established in the current regulations.
Notwithstanding the previous, the Carrier, prior to its execution, would expressly authorize and entrust Ontruck with the material issue of the invoice/s corresponding to the operations for each Shipment/s. These invoices shall be issued in name and on behalf of the account of the Carrier who has made the Shipment/s that are documented in the same.
Ontruck shall send the Carrier a pro forma comprehensive invoice, within the first five days of the month following that month in which the Shipment was made. The Carrier shall have a period of three (3) working days to express any disagreement with the content of the same. Once this period has passed without the
Carrier having made any notification of an incident, their compliance with the same shall be understood and the material issue of the definitive invoice shall be carried out, sending a copy of the same to the Carrier.
5.3. Payment Method
Ontruck shall pay the Carrier the fees indicated at all times for each Service over the first ten days of each month following the month in which the Shipment/s is made, always when no reservations have been made to the pro forma invoice. The Carrier does not have the right to receive any additional fee that is not included in said fees, except in the case of the events established in Clause 4, or for those agreed upon in writing between Ontruck and the Carrier, before the Carrier provides the Service which leads to said fees, and before the inclusion of said fees in the Ontruck invoice.
Ontruck shall pay the Carrier via bank transfer to the checking account that has been designated by this party.
6. CLAIMS AND RESPONSIBILITY
In the case in which the Loader presents Ontruck with a claim, based on loss of or damages to the merchandise subject to the Shipment or due to delays in its execution or any other incident that may affect the Service, this shall be communicated to the Carrier who shall resolve it within a period of sixty (60) days following the receipt by Ontruck of all documentation necessary for the claim. Ontruck has the right to compensate the sum total of the claims, which continue to be pending payment or resolution after this 60 day period, with the total amounts owed by Ontruck to the Carrier being based on this Contract.
6.2. Limitation of liability
Loss of profit or indirect or consequential damage suffered by the Carrier or any other User of the Service shall be excluded from the compensation.
Ontruck shall not be liable for the expenses or losses derived from the failure to comply with the terms and conditions of this Contract, or for any physical and/or material damage that may result.
Liability of Ontruck in the face of the Carrier and the Users, shall be limited to the amount of the fees covered or, alternatively, to the minimum amount permitted by applicable regulations, whichever is greater.
7. CONTRACT DURATION AND TERMINATION
The Contract shall remain in effect while the Carrier uses the Service. At any time, Ontruck may terminate this Contract with a User for breach of the terms and conditions of this Contract.
Following the termination of the Contract, the Carrier shall not have the right to access and use of its account and the Service shall terminate immediately.
Ontruck shall not be liable before the Carrier for the termination of the Service, including the termination of its account or the elimination of its User content. The termination of the Contract with a User by Ontruck shall not authorize the user to claim compensation of any sort. In particular, the liability of Ontruck shall be exempted from any potential claim for loss of profit, loss of clientele, for investments made or for expenses that the Carrier may incur based on the Contract termination.
Even after the Contract has been terminated, Clause 4.9 of this Contract shall remain in effect.
8.1. Intellectual Property
The industrial and intellectual property rights of Ontruck regarding data, images, texts or any other material or content that is transferred, stored or published through the Service, are and shall continue to be property of Ontruck.
Ontruck recognizes that the ownership of the Carrier’s name and all of the distinctive signs with which its products or Services may be distinguished on the market shall remain under the ownership of the Carrier.
8.2. Personal Data Protection
The User Data that is collected via the website shall be registered in the personal data file for which Ontruck is responsible. The Carrier may exercise its rights of access, rectification, cancellation and opposition, contacting Ontruck at the following email address:email@example.com
Ontruck shall use the User Data exclusively for the execution of the Service. In the case in which the Carrier does not facilitates the referred data during the registration process, given that it is necessary for the Service provision, Ontruck will be unable to offer this Service. The Carrier expressly agrees that Ontruckshall transfer its information to other Users, especially to the Loaders related to Ontruck, for the carrying out of the Shipment/s and the Service provision detailed in this Contract.
Ontruck and the Carriers shall adopt the technical and organizational means necessary to guarantee the safety, confidentiality and integrity of the Data, and shall avoid its alteration, loss, treatment or unauthorized access, taking into account the nature of the data and the risks to which they are exposed. For these purposes, the User declares the nature of the data, demanding the adoption of minimal level security measures.
The Carriers agree to provide truthful information and to maintain this information duly updated. Prior to supplying Ontruck with any relevant Data belonging to a third party, The Carriers are obliged to have informed and obtained the consent, should it be necessary, from said natural individual, as may be applicable for the proper communication of said Data to Ontruck.
The User declares and accepts Ontrucks’s right to use its User Data for the purpose of including its content in the Service in order to create Anonymous Data. Ontruck may use and divulge said Anonymous Data for any purpose, including Service improvement.
The Carrier is obligated to maintain the secrecy of all confidential information that it may have obtained during the Shipment, even after the completion of the same. For these purposes, information of a commercial, technical, organizational or any other type that is considered confidential by Ontruck and that it may facilitate for compliance with the Shipment shall be considered as such. The Carrier shall be responsible for the compliance by its employees, auxiliaries and/or dependent workers with said obligation of confidentiality, assuming the breach of confidentiality by these parties to be their own non- compliance.
Similarly, in the case of the Carrier, within the framework of the Shipment, when accessing the personal data of the Loaders as required for compliance with the Service, the following shall be mandatory:
- Use of personal data to which it has the sole and exclusive access for compliance with its obligations with Ontruck and for Service implementation.
- To observe and adopt any security measures as necessary to ensure the confidentiality, secrecy and integrity of the personal data to which it has access and to adopt, in the future, any security measures that may be required by the law or regulations so as to maintain the secrecy, confidentiality and integrity of the automated treatment of the personal data.
- Not to divulge, under any circumstances, the personal data to which it has access to third parties, not even for storage purposes.
The duration of the confidentiality obligations established in these General Conditions shall be indefinite, remaining in effect after the termination (for any reason) of the relationship between the Carrier and Ontruck.
The Carrier shall keep Ontruck free of liability with regards to any claim or sanction that may be presented or imposed on Ontruck, in the case of breach by the Carrier of the obligations established in this clause.
Ontruck reserves the right, at all times, to modify, suspend or interrupt the Service, or a part of the same, with or without any prior notice, as well as to modify the Contract. The User accepts that Ontruck shall not be responsible before any third party for the modification, suspension or interruption of the Service or a part of the same.
All communications and notifications that are to be made to Ontruck based on this Contract or that are related to the same, should be made in writing via regular mail or email to the addresses indicated by the Carrier in the User Registration Form or, in its defect, in the Load Form, and in all cases, verification of its due shipment and receipt should be made.
8.5. Applicable Law
This Contract is governed by the content of its clauses and for all that is not contained in the same, by the laws of England and Wales.
The parties agree that all litigious manners derived from or related to this contract shall be subject to the English courts.
ANNEX NO. 1
Ontruck UK - Supplementary payments
At Ontruck we wish to ensure that you, as a carrier, are compensated accordingly in the event that a shipment doesn’t go as planned due to no fault of your own. This document details pricing modifications which may be applied with respect to the originally specified quote for any given shipment.
Please recall that during the course of any given shipment we require timely status updates for the following events:
With these it is possible for Ontruck to correctly compensate you for excessive demurrage/standstill times, or in the event of a shipment being cancelled.
Standstill time is calculated by taking into account the times at which our carriers give status updates using the Ontruck driver application, as well as the beginnings of the collection and drop off windows, which are specified by the client at the time of ordering a shipment online (for example, if the driver arrives at the collection point at 8:30 am, but the client order a collection between 9:00 am and 10:00 am, then we start counting standstill time from 9:00 am).
Supplementary demurrage related payments, on top of the originally specified quote for any given job, are determined as a function of the size of the load:
- 1-4 standard pallets (or equivalent capacity), or up to 1200 kg:
£15/hour after the first 30 minutes.
- 5-10 standard pallets (or equivalent capacity), or up to 2500 kg:
£20/hour after the first 45 minutes.
- 11-16 standard pallets (or equivalent capacity), or up to 12000 kg:
£25/hour after the first 60 minutes.
- 17-26 standard pallets (or equivalent capacity), or up to 24000 kg:
£30/hour after the first 60 minutes.
Supplementary standstill payments are to be applied pro-rata in blocks of 15 minutes. For example, a van (carrying less than 4 pallets) which has waited a total of 68 minutes, will incur a supplementary payment equivalent to two blocks of 15 minutes ⇒ £7.50.
In the rare occasion that a shipment is cancelled while it is in progress we will compensate you at a percentage of the agreed upon price, depending on the status of the shipment at the time of cancellation. The rates are as follows:
● 40% of the agreed upon price of the job if the driver is On route to pick-up.
● 70% of the agreed upon price of the job if the driver has Arrived at pick-up location and has not yet loaded the cargo.
● 100% of the agreed upon price after Cargo loaded.
3. Overnight storage
If we ask you to store goods overnight we will pay you at an additional rate of £3.00 per standard pallet per night.