General terms and conditions for loader 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 Loader 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 loader service is exclusively reserved for registered users. Therefore, access, contracting and use of the Ontruck service requires that the Loader 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 these General Conditions 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 intermediate of carrying out of the contracting activity, through the Platform and the technical means and materials, comprising the same, of Loaders, 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 Loaders may accept said shipment requests.
The use and contracting of the Service is governed by that included in this Contract, with which the Loader 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 the carrying out of a Shipment, filling out the Load Form. Upon completing the Form data and confirming the Shipment request, the Loader declares to know and be in agreement with the following:
- The content of these General Conditions
- The Shipment conditions
- The Price to be paid for the Shipment
- The other specific conditions applicable to this Shipment which, when relevant, may exist
- The applicable fees, when relevant, for areas included in clause 4 regarding the costs and fees that may be generated during the merchandise transport process.
Once Ontruck accepts the publication of the Shipment, their data shall be published in the Service, becoming visible to all Carriers in the area. Notwithstanding this, in order to satisfy specific Loader needs, Ontruck may offer the Shipment to specific Carriers prior to the Service publication.
The Loader may cancel its Shipment request at any time prior to its acceptance by a Carrier. If the Loader notifies the Shipment cancellation after the acceptance of the Shipment by the Carrier, it shall be subject to that established regarding cancellation of the same, in section 4 below.
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. Once the Shipment has been accepted by the Loader, Ontruck shall take all appropriate options regarding the payment of the Shipment based on the applicable payment means for the specific Shipment, as established in clause 5 below.
The Loader shall be responsible for providing its own telephone number/s for use of the Service. When circumstances so require, Ontruck may contact the Loader and Carrier outside of the Platform.
Ontruck does not guarantee acceptance of a Shipment by a Carrier. If the Shipment is not accepted, Ontruck shall notify the Loader of the lack of availability of Carriers so that the Loader may once again publish the Shipment.
The Loader shall direct any questions or doubts related to the Load Form to Ontruck, who shall designate a individual to be responsible for the Shipment. This responsible party 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 route shall be merely informative.
Once the merchandise has been collected by the Carrier at its site of origin, the Consignor shall immediately sign a copy of the legal documents (bill of Lading, delivery note, pick-up note, collection note) to the Carrier according to the terms agreed upon for the Shipment. Once signed, the Loader considers the merchandise to be delivered by the Consignor to the Carrier according to the terms established for the Shipment.
Once the Shipment has been made, the Carrier shall immediately sign and upload a copy of the duly completed legal document and/or the delivery note in the platform.
Once the Recipient has received the merchandise in the destination site, they shall immediately sign and upload a duly completed copy of the Bill of Lading and/or legal document and/or delivery note in the Platform. With 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.
2.4. Bill of Lading
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, 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.
Ontruck requires a Bill of Lading for every Shipment. If 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 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 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 Loader shall be responsible for any expenses and damage that may result from imprecise or insufficient data in the Bill of Lading. Any absence or irregularities in the Bill of Lading shall not result in the nullity or invalidity of the Shipment. The omission of any of the previously cited information shall not affect 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. ACCESS TO THE SERVICE. USER CONDITIONS
In order to use the Service, it is necessary for the Loader to have previously registered, via completion of the User Registration Form, which shall be at available to anyone who wishes to register as a Registered User, and to comply with the conditions required by Ontruck. Compliance 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 is also required. 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, their characteristics and prices. In the case in which a service is on sale, together with the essential services, the sales price and validity of the same shall appear. However, Ontruck reserves the right to remove, replace or change any 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 always be governed by the General Contracting Conditions that are applicable in all cases. Similarly, Ontruck has the authority to terminate offering access to the mentioned services with no prior warning, and at any time.
Ontruck offers customer attention services via telephone +44 (0) 208 068 3261 or email: email@example.com.
3.2. Declarations and Guarantees
With the acceptance of the terms and conditions of this Contract, the Loader declares:
- To have read, understood and accepted the content of this document in all of its 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 the area of its commercial, professional or business activity and not as a final consumer for the purposes of current legislation and, furthermore, to agree with that regarding.
- To have agreed that their data may go on to form a part of the Ontruck database, according to that established in Clause 8. 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 its responsibility, for the purpose of processing said actions on behalf of the user and to manage subsequent actions derived from the same.
The registered user shall be responsible for their password, assuming any damage 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 notification otherwise, Ontruck understands that the Loader’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 Loader should identify himself with the user name and password provided. This data shall not be made public. The Loader 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 Loader shall act, expressly stating the name, legal form, corporate purpose and company and VAT number of the company that the Loader represents, with this party being obligated to facilitate this documentation. Ontruck reserves the right to remove any Loader 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 goods that breach Clause 4.3 of this Contract.
- To engage in any act that may directly or indirectly damage Ontruck, or 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 a virus or other technologies that may damage Ontruck or the interest and properties of the Ontruck Users.
4. LOADER CONDITIONS
4.1. Declarations and guarantees
With the acceptance of the terms and conditions of this Contract, the Loader declares, guarantees and responds to Ontruck that:
- It is the titleholder of the shipped merchandise, or has the necessary rights for the shipment of said merchandise and that the real content of the Shipment coincides with that in the declared in the Load Form and in the Bill of Lading.
- That it uses the Service to send merchandise on its own account and at its own risk through the Carrier.
- Is the sole party responsible for any damage, harm or liability that may result or could potentially result from the load or merchandise sent, including (but not limited to) material or personal damage or death.
- It understands that the tracking of the location of its Shipment via the Service is not an implicit guarantee that the Shipment shall be delivered within the specified period.
4.2. Loader Obligations
The Loader shall communicate with the Carrier through the individual that is responsible for the Shipment, as designated by Ontruck, or by any other means agreed upon by Ontruck, according to the terms and conditions established in this Contract.
4.2.1. Concerning the Shipment
The loader is responsible for and obligated to the following:
- Delivery of the merchandise: The Loader should deliver the merchandise to the Carrier in the place and time that has been agreed upon.
- Delivery of documentation: The Loader should fill out the Load Form, based upon which the Bill of Lading and/or the corresponding control document shall be generated, including all of the documentation regarding the merchandise that is necessary to carry out the transport and all procedures that the Carrier has carried out prior to delivery to the destination. It is also its obligation to inform, when relevant, that the Shipment should be made using specially prepared vehicles for the control of temperature, humidity or other environmental conditions and if there are special instructions for their transport. Therefore, the Loader is responsible for all damages that may result from the absence, insufficiency, imprecision or irregularity of these documents and information, except in the case in which the responsibility lies with the Carrier.
- Carry out loading and unloading activities, stowing and stevedoring. It is also the Loader’s responsibility to carry out the load processes in the Carrier’s vehicle, assuming the liability derived from the damages produced due to the handling and stowing of the load in its origin, just as the Carrier shall not be liable for the handling and stevedoring of the load in its destination, except when the Load Form explicitly states that the loading and/or unloading shall be carried out by an individual and/or entity other than the Loader, in which case it shall be this individual, be it the Carrier or a third party, who is liable for the execution of the loading and/or unloading process. The same regime shall be applicable for the stowing and stevedoring of the merchandise.
- Preparation and identification of the merchandise: The Loader is responsible for the correct packaging, wrapping and/or palletisation of the merchandise, preparing it for its transport. Therefore, the merchandise should be delivered to the Carrier, suitably prepared and wrapped, so that it may undergo its transport under normal conditions and so that it does not constitute any danger to the Carrier, its personnel, other merchandise or third parties. The packages that make up each Shipment should be clearly identified and signalled using the corresponding signs, coinciding with the description of the same in the Bill of Lading. The Loader shall be responsible for any damage to individuals, transport material and/or other merchandise, as well as for the expenses incurred, by default, in the packaging.
- Shipment Acceptance in the Destination: The Loader should ensure the acceptance of the Shipment by the corresponding Consignor or Recipient. Therefore, when the Shipment is not properly completed, due to the unavailability of the Consignor or Recipient at the location indicated in the Bill of Lading, due to the failure to care for the merchandise under the conditions established in this Contract, due to the failure to sign the Bill of Lading, or due to the unavailability of the Consignor or Recipient of the technical and/or human team as required for the loading, handling and unloading of the merchandise, the Loader shall be responsible for the expenses and damages caused to the Carrier. Under no cases shall Ontruck offer storage and/or deposit services for the merchandise. In the case in which, due to causes that are not attributed to Ontruck and/or the Carrier, this latter party shall be obligated to hold the merchandise during most of the time, or when the Shipment cannot be completed under the established conditions, due to justified causes, the Loader shall authorize Ontruck to indicate the decision to be adopted to the Carrier so as to ensure the proper completion of the Shipment, including the return of the merchandise to its place of origin, its deposit in a safe warehouse or driving it to its destination site under distinct conditions, exempting Ontruck from the liabilities derived from the custody and/or deposit of the same. The costs, including those derived from the potential loss of and/or damage to the merchandise, as well as any expenses and damages that may result from this situation, and, when relevant, from the adopted situation, shall be the full responsibility of the Loader.
- Vehicle revision: The Loader should review the vehicle conditions and accept or reject the Carrier based on causes related to the space where the merchandise shall travel, such as (but not limited to): cleaning, odour, leaks or humidity, dirtiness or other conditions that may be unacceptable for the Consignor. If any vehicle, trailer or equipment is found to be unacceptable, it shall be the Loader’s obligation to cease the loading of the merchandise. In this case, the Consignor shall immediately notify Ontruck and request an alternative solution. The Loader’s compliance with the technical measures shall be understood by their availability at the time of the merchandise loading.
The Loader recognizes that Ontruck shall never be in possession of the merchandise that is being transported in connection with the Service use. Similarly, the Loader recognizes that Ontruck ignores the content of the packages, with the Loader being fully responsible for the coinciding of the real content of the Shipment with that declared in the Load Form and/or Bill of Lading.
4.2.2. Regarding Price
The Loader is obligated to pay the Total Shipment Price, the Initial Price accepted in the Load Form, including the cost that was initially laid out in for the Service, as well as the Final Price that may result from the other costs that may be generated during the Shipment in accordance with that described below. The corresponding expenses shall be added to the amount of the Initial Price, resulting in the Final Service Price that is to be paid by the Loader. The Loader shall assume that there may be various different loads for one same area.
So, the Loader assumes and is responsible for paying the Initial Price that is communicated by Ontruck adding to it any corresponding fees and costs from additional expenses and unexpected amounts that were not anticipated in the Initial Price but may arise during the Shipment and that are necessary for the proper completion of the Service, such as (but not limited to) the following:
- Delays in the loading and/or unloading process of the merchandise when said activity is the responsibility of the Loader: It is understood that a delay has taken place in the process when, according to the volume of the loading/unloading to be carried out, the following times pass as of the start of the process, without the same having concluded:
- From 1 to 4 pallets: 20minutes
- From 5 to 10 pallets: 40 minutes
- From 11 to 14 pallets: 50 minutes
- From 15 to 26 pallets: 75 minutes
Each minute extra in the cited times shall be invoiced independently and included in the Final Price. This waiting time shall be counted as of the making available of the vehicle for its loading or unloading, in the terms required by the contract.
- Extra collection or delivery during the Shipment, understanding that this occurs when the Carrier makes a stop during the merchandise transport trajectory so as to partially collect or deliver any package and/or merchandise.
- Greater volume of merchandise or substantial increase in weight as compared to that which was initially reflected in the Load Form by the Loader. In the case of an increased volume of merchandise and/or greater weight (of a quantity equalling or exceeding 10% of the contracted weight) Ontruck shall recalculate the Initial Price of the Shipment through the Platform. Similarly, the Initial Shipment Price may be affected by the need (or not) to substitute the vehicle that was initially anticipated for the Shipment (for example, because the vehicle cannot handle increased volume and/or weight due to regulatory and/or physical limitations of the vehicle).
In cases in which the price has changed but a different vehicle is not necessary, Ontruck shall not be obligated to require the prior written acceptance by the Loader and should proceed with the application of the fee that corresponds, with this party being obligated to pay the Final Shipping Price that results.
In cases in which a different vehicle is necessary, Ontruck shall communicate this in writing to the Loader, possibly offering them, if so decided by Ontruck, any of the following solutions:
- The Carrier that was initially expected to carry out the Shipment under the originally anticipated conditions and Ontruck shall ensure another vehicle to complete the additional Shipment, notifying the corresponding price of the same.
- The original vehicle shall be substituted by a new vehicle, adapting the Shipment price by the corresponding quantity, based on the volume of the load /weight modifications. To this amount, in all cases, it is necessary to add the corresponding value resulting from the cancellation of the transport, according to the anticipated fees.
The Loader shall communicate to Ontruck in writing, regarding its acceptance of the offered solution. In the case in which the Loader does not accept the offered solution, it shall be obligated to pay 40% of the Initial Price, although finally the Shipment shall not take place, based on the expenses and compensation for any resulting losses.
- Night-time shipments or those made on Sundays/Saturdays and/or Holidays: Ontruck shall apply an additional fee to the Initial Price when the transport is made from Monday to Friday between 10:00 pm until 04:59 am and on Saturdays and Sundays, according to the terms and fees established in the annex to this document. Similarly, an additional corresponding fee shall result if the transport is carried out in holidays, with these being understood to be national and regional holidays.
- Loading or unloading by the Loader who requires Carrier intervention. The increase in price shall be calculated based on the load volume as well as the volume of the packages making it up.
- Contracting Loader insurance. The Loader may contract, via Ontruck, specific insurance corresponding to the transported merchandise. This insurance is to always be contracted through a recognized Insurance Company that is governed by that included in the General Conditions which the Loader shall be informed of upon its being contracted. Ontruck shall quote this and upon acceptance by the Loader, it shall expressly invoice the corresponding amount. The Loader is obligated to pay for the contracted insurance.
Likewise, the Loader is obligated to pay the price and any expenses resulting in the case of Shipment cancellation, based on a unilateral decision by the Loader and/or causes attributed to the Loader or Recipient or due to causes that extend beyond the responsibility of Ontruck or the Carrier.
In these cases, Ontruck shall have the right to demand the payment of the price and fees in proportion to the part that has been carried out or the integrated collection of the same at the time when the Loader communicates to Ontruck its intent to cancel the Shipment, according to the following parameters and with the maximum value limit of the total value of the contracted Shipment: cancellation prior to the Carrier going to the merchandise load point, cancellation in route to the origin or at the origin but without having loaded the merchandise, cancellation at the time of the load or having completed this but without having started the route and cancellation at any time in the moment following the load and at the start of the route.
Ontruck shall notify the Loader of the applicable fees at all times, for the previously mentioned concepts, during the process of filling out the Load Form, including in this document, as Annex no 1.
4.3. Prohibited Merchandise
The Loader is obligated not to use, and to guarantee not to use, the Service for the Shipment of the following merchandise:
- Contraband or illegal, dangerous, radioactive, hazardous or offensive products.
- Articles that are 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.
- Any other good that may be qualified as dangerous based on their nature or based on the precautions that should be taken for their transport, or, when relevant, based on the legal regulation that determines this.
If the Loader intends to use the Service for the Shipment of the previously mentioned articles, Ontruck shall revoke this Contract in compliance with Clause 8, with the Loader assuming all expenses and damages derived from the operations of loading, depositing or returning of the dangerous merchandise that may arise.
The Loader 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,
- User characteristics,
- Interaction with another User,
- Breach of this Contract,
- Violation of applicable laws or regulations, and
- The content of its Shipment.
- The cancellation of the Shipment.
Ontruck reserves the right (with the responsibility falling to the Loader) to assume the exclusive defense and control of any issue for which the Loader should compensate it and the Loader agrees to collaborate with the defense of said demands, as well as not to resolve or engage in any issue without the prior written consent of Ontruck.
5. PRICE PAYMENT
5.1. Establishing the 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 Loader, 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.
Notwithstanding the previous, and as established in point 4.2.2 above, the Initial Price may vary with respect to the value listed and accepted by the Loader in the case in which changes are made in the Shipment conditions, upon their acceptance and in the case in which the information that is initially provided is incorrect or insufficient. Variations shall take place in the Price when the data that is provided is inexact with regards to (for example but not limited to) load details (weight, volume, etc.), the collection or point of delivery, the programmed hours, as well as the equipment and assistance required of the Carrier to facilitate the loading and/or unloading. Ontruck shall inform the Loader regarding the accrual of additional charges, as soon as the causes that originated them are made known by the Carrier or Loader.
The Final Price to be paid by the Loader shall consist of the Initial Price and, when relevant, the additional expenses and services that have accrued during the Service. Included within the Price (Initial and, when relevant, Final), are all expenses incurred by the User for the for the due provision of the Service, with the sole exception of the Value Added Tax (VAT), which shall be included as a separate area, apart from the Price.
Ontruck shall generate invoices including the Shipment/s corresponding to each monthly period, at the end of each month. The invoice of the Shipment/s shall be sent within the first five days of the month following the completion of the Services, to the e-mail provided by the corresponding User, including all of the Services carried out in said month. The User accepts its receipt via this manner.
5.3. Loader Payment Methods
The Loader may pay the invoices generated by the use of the Service/s in any of the following manners, always in accordance with that stipulated by Ontruck at all times:
5.3.1 Payment via bank card
All Operations that involve the transfer of personal or bank data are to be carried out using a secure environment, a server that is based on the standard security technology, SSL (Secure Sockets Layer). All of the information that is transmitted shall be encrypted in the web. When paying with a VISA or MASTERCARD, the following data shall always be requested: card number, expiration date and validation code coinciding with the last 3 digits of the number printed in italics on the reverse side of the VISA or MASTERCARD, in this manner, offering increased guarantees of the security of the transaction.
When the payment is carried out through the Platform via credit or debit card, upon acceptance of the conditions of Shipment and Price to be paid for the same, the Loader shall order the payment of the Price to Ontruck. At this time, a payment platform shall be established online in which the same may be carried out. Ontruck shall retain the corresponding amount from the account of the bank card that is provided by the User. The Loader accepts that it does not require any other notification or consent for the subsequent collection of the Price. In the case in which the computer system notifies the rejection of the card, the Load Form shall be automatically cancelled, informing the client online of the cancellation.
Access of the Loader to the funds of the bank account retained by Ontruck shall be restricted and said User shall not have the capacity to retain the funds until they are freed up, in compliance with that established in the following section or until Ontruck executes the payment order, in accordance with this Clause. Ontruck shall free up the amount that has been retained for the Shipment if it is not accepted by a Carrier within 7 days or if the Loader cancels the Shipment prior to its being accepted by a Carrier.
Ontruck shall carry out the payment order made by the Loader immediately after the signing by the Carrier of the Bill of Lading and/or equivalent document and/or the proof of the delivery of the merchandise in compliance with that established in these General Conditions.
In the case of payment by card, if any expenses or fees are generated in addition to the Initial Price, according to that established in these General Conditions, the Loader should pay, via transfer to the Ontruck account that is designated in the invoices for the Service, the difference resulting from the Initial Price, paid via bank card, and the Final Price, upon adding the corresponding amounts, after application of the conditions established in point 5.3.2 below.
When the amount of a purchase has been charged fraudulently or unduly, using the payment card number, its titleholder may demand the immediate cancellation of the charge. In this case, the corresponding notes of debit and re-crediting in the provider and titleholder accounts shall be made as quickly as possible.
However, if the purchase was carried out by the card’s titleholder and the demand for return was not a result of having exercised the right to cancellation and, therefore, the cancellation was unduly requested, said party shall be obligated to Ontruck for the recovery of the damages caused as a result of said cancellation.
5.3.2. Payment via transfer to Ontruck
The Loader shall pay Ontruck the amount of the invoices generated each month via transfer to the account of which Ontruck is titleholder, which is designated in the invoice accrediting the Service/s. The Loader shall make the payment within a maximum period of thirty (30) calendar days as of the date of the invoice. Said invoices shall include the Initial Price as well as the expenses or services that have been generated during the Service in compliance with the terms of this Contract.
The potential exchange rate and bank commissions shall be the responsibility of the client. 5.3.3. Payment via direct deposit
The Loader may pay for the generated invoices via direct deposit, using the Service through one of its accounts with a financial entity. To do so, it shall be necessary for Ontruck to facilitate the following:
- NIF/CIF of the Payment Titleholder, that is, the titleholder of the bank account from which the invoices are to be direct deposited.
- Personal details of the Payment Titleholder (First name, Last names and Address).
- IBAN: international identification number for the bank accounts (bank account number and sort code)
- Authorization for direct deposit signed by the Titleholder or Legal Representative to be provided to the Loader in its banking entity for purposes of direct deposit of the receipt.
In these cases, Ontruck shall send the Loader a comprehensive invoice of the Service/s carried out over the first days of the month following their completion, with the Loader having 3 business days to present their rejection/acceptance of the same. Once this period has passed without the Loader having declared any disagreement with the amount of the invoice/s, Ontruck shall proceed with the order, generating a receipt of the same for its direct debiting from the designated Loader checking account.
All management and banking expenses that may arise from a lack of funds and/or rejection and/or return of the receipt shall be the responsibility of the Loader, so that for each bank incident that occurs due to causes attributed to the Loader, Ontruck shall have the right to collect a payment based on the management costs that have been generated from current bank fees.
5.3.3. Regulations for all payment methods
The Price (Initial and Final) shall be calculated according to the current fee types of Ontruck on the date of the Shipment, subject to (for example, but not limited to) the size and quantity of the merchandise, the distance from the site of origin to the destination and the required means to provide the Service and to carry out the Shipment. Ontruck may change its Service prices.
In the case of the cancellation of the service by the Loader following the acceptance of the Shipment by the Carrier, or the failure to accept the Shipment by the Recipient, or by the Carrier based on causes of force majeure that are outside of their control, including (for example but not limited to) serious traffic jams due to any cause, demonstrations, blocked off roads or inadequacy of the road for traffic by heavy vehicles), Ontruck shall be facilitated to deduct from the Loader the proportional amount of the Shipment Price based on the time in which the cancellation took place, plus all additional fees that may have incurred based on clause 4.
Also, in the case in which the Service could not be completed within the hours agreed upon, as a result of causes of force majeure or causes beyond the control of the Carrier, Ontruck shall be facilitated to deduct from the Loader, the entirety of the Price, plus all additional fees that may have been incurred in accordance with clause 4. In all cases, both the Carrier as well as Ontruck shall do all that is commercially reasonable to reduce the impact that the referred causes may have on the quality of the Service and to ensure compliance with the agreed terms as much as possible.
5.3.4. Effects of the failure to pay within the payment period. Loader Arrears.
In those cases in which the payment of the Service/s is not carried out within the agreed period, according to that established in point 5.3. above, and in any case, after thirty (30) days as of the date of the invoice, the Loader shall be in default and should pay the interest for late payment of ten per cent (10%) automatically, based on the mere breach of payment within the agreed period, without the need of Ontruck to warn of the due date or to make any claim.
In addition to the previous, when the Loader is in default due to cause that is attributed only to him, Ontruck shall have the right to claim compensation for the collection costs of 40 euros, which shall be added without the need for express request. If the damage suffered by Ontruck exceeds said quantity, it may be claimed with due justification.
6. CLAIMS AND RESPONSIBILITY
In the case of the loss or damage of merchandise subject to the Shipment, the Loader should attempt to present a claim to Ontruck within the period of thirty (30) days following the incident or the receipt of merchandise, which ever occurs first, and always when the recipient has declared in writing in the Bill of Lading, its reservations regarding the receipt of the merchandise, describing in a general manner, the loss or damage at the time of delivery.
When no reservations are made, it shall be assumed, unless proof otherwise, that the merchandise shall be delivered in the state that was described in the Bill of Lading.
6.2. Limitation of liability
Loss of profit or indirect or consequential damage suffered by the Loader 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 the physical and/or material damage that may result.
Liability of Ontruck in the face of the Loader 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 Loader uses the Service. At any time, Ontruck may terminate this Contract with a User based on breach of the terms and conditions of this Contract.
Following the termination of the Contract, the Loader 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 Loader 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.
8.1. Intellectual Property
The industrial and intellectual property rights that are owned by Ontruck regarding data, images, texts or any other material or content that is transmitted, stored or published through the Service, is and shall continue to be the property of Ontruck.
Ontruck recognizes that the ownership of the Loader 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 Loader.
8.2. Personal Data Protection
The Loader Data that is collected via the website shall be registered in the personal data file for which Ontruck is responsible. The Loader may exercise its rights of access, rectification, cancellation and opposition, contacting Ontruck at the following email address: firstname.lastname@example.org
Ontruck shall use the User Data exclusively for the execution of the Service. In the case in which the Loader 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 Loader expressly agrees that Ontruck may transfer its information to other Users, especially to the Carriers related to Ontruck, for the carrying out of the Shipment/s and the Service provision detailed in this Contract.
Ontruck and the Loaders 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 Loaders 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 Loaders 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 Loader 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 Loader shall keep Ontruck free from any claim or sanction that is presented or imposed on Ontruck, in the case of breach by the Loader, 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 Loader 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 - Supplementary charges
At Ontruck we are all about transparency and communication. Please find below information on our pricing and supplementary charges.
1. “Same-day” vs. “next-day”
When you request a quote we may give you both our same-day rate and our next-day rate.
Same-day rate is applied to orders made on the same day as the requested collection time, or after 18:00 on the previous day.
Next-day rate is applied to orders made any time up to 18:00 of the day preceding that of the requested collection time.
Ontruck establishes standstill charges in order to ensure the most efficient use of transport resources, in turn allowing us to offer you a more cost-effective service.
Supplementary standstill charges cover cases in which a vehicle/trailer is kept waiting for causes outside of the reasonable control of Ontruck. This is with the exception of the case that standstill times have been negotiated in the price of the service in advance.
Supplementary standstill charges, 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:
£20/hour after the first 30 minutes.
- 5-10 standard pallets (or equivalent capacity), or up to 2500 kg:
£25/hour after the first 45 minutes.
- 11-16 standard pallets (or equivalent capacity), or up to 12000 kg:
£30/hour after the first 60 minutes.
- 17-26 standard pallets (or equivalent capacity), or up to 24000 kg:
£35/hour after the first 60 minutes.
Standstill time is calculated from the point at which the driver arrives during the collection window, which is specified by you at the time of ordering a shipment online (for example, if the driver arrives at the collection point at 8:30 am, but you ordered a collection between 9:00 am and 10:00 am, then we start counting standstill time from 9:00 am).
Supplementary standstill charges 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 charge equivalent to two blocks of 15 minutes ⇒ £10.00.
*Standstill charges DO NOT apply for waiting in queue at airline collection sheds (see section 5).
Cancellation charges cover cases in which a shipment is cancelled at your request, or for reasons not within Ontruck’s control.
If a shipment is cancelled at your request while it is in progress we will charge 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.