ARCC Couriers & Storage Ltd

Trading as Really Cool Logistics

TERMS AND CONDITIONS OF CARRIAGE

1. Definitions and application

“Company”, “we” and “us” mean ARCC Couriers & Storage Ltd (company number 09282742), trading as Really Cool Logistics (“RCL”). “Customer” means the business booking our services. “Goods” means the items accepted for carriage. These conditions apply to our transport services, including any temporary handling or holding incidental to delivery, unless we agree different terms in a written contract signed by both parties. The Company is not a common carrier. Any conflicting terms printed on a purchase order or other customer document do not apply unless expressly accepted by us in writing.

2. Bookings and information

The Customer must give accurate collection and delivery addresses, contacts, descriptions, weights, dimensions, handling requirements, declared value and any required delivery times. Any temperature requirement must be stated and accepted before collection. A booking is accepted only when confirmed by us. We may decline or vary a booking where information is incomplete, the goods are unsuitable or the required vehicle or resources are unavailable.

3. Ownership, packaging and prohibited goods

The Customer warrants that it owns the Goods or is authorised by the owner to arrange carriage. Goods must be lawfully transportable, safely and adequately packaged, labelled and secured for normal road transport. Dangerous goods, controlled substances, cash, jewellery, valuable documents, live animals and other unusually hazardous or high-risk items must not be tendered without our prior written agreement. The Customer must disclose any relevant food safety, allergen, customs or regulatory requirements. We may refuse unsafe or misdescribed goods.

4. Collection, loading and delivery

Unless specifically agreed, the Customer and receiving party are responsible for providing safe access and suitable facilities, and for loading and unloading. Our driver may assist at our discretion where safe, without transferring responsibility for unsuitable equipment, packaging or instructions. We may rely on delivery instructions and signatures provided at the stated delivery address. Up to 60 minutes’ waiting time is allowed without charge at each collection and delivery point. Additional waiting time may be charged at up to £50 per hour, unless a different rate is agreed with the Customer. Failed collections, re-delivery, return journeys and other additional work may be charged at our applicable rates.

5. Refrigerated and temperature-controlled carriage

The Customer must specify in writing the required carriage temperature or range. We will use a suitable vehicle and reasonable care to maintain the agreed conditions during carriage. Goods must be at the correct temperature when presented for collection; our vehicles are not intended to freeze, chill or thaw products unless this is expressly agreed. The Customer is responsible for correct packaging and safe loading temperatures. If a refrigeration problem or material temperature deviation arises, we will take reasonable steps to notify the Customer and follow reasonable instructions. Temperature records will be provided where agreed and reasonably available.

6. Performance and delays

Collection and delivery times are estimates unless expressly guaranteed in writing for an additional agreed charge. We will use reasonable care and skill in performing the service, but are not responsible for delays caused by events outside our reasonable control, provided we take reasonable steps to minimise their effects. Where delivery is impossible, we may seek alternative instructions and charge reasonable additional costs for holding, returning or redirecting the Goods.

7. Subcontracting

We may use suitably qualified subcontractors, including other carriers, to perform all or part of a service. We will inform the Customer at booking where subcontracting is planned, or as soon as reasonably practicable if it becomes necessary later. Our contractual responsibility to the Customer remains subject to these conditions. The Customer must notify us before booking if its arrangements require approval of particular subcontractors.

8. Charges and payment

Charges are as quoted or otherwise agreed, plus VAT where applicable and any agreed waiting time, tolls, parking charges, congestion or clean-air charges, unusual handling costs or changes requested by the Customer. Invoices are payable within 15 days unless alternative terms are agreed in writing. Overdue commercial debts may attract statutory interest and recovery compensation where applicable under the Late Payment of Commercial Debts (Interest) Act 1998. A genuine invoice dispute must be raised promptly with reasons; undisputed sums remain payable

9. Value of goods and insurance

The Customer must tell us before acceptance if any consignment exceeds £5,000 in value or presents an unusual loss exposure. This notification does not increase our liability. A higher liability limit applies only if we expressly agree it in writing before collection, confirm any required insurance arrangements and agree any extra charge. We maintain carrier liability insurance but do not provide the Customer with all-risks cargo insurance unless expressly confirmed in writing. The Customer should insure the Goods for their full value where appropriate.

10. Liability for loss or damage

Subject to clause 12 and any law that cannot be excluded, we are liable for direct physical loss of or damage to Goods to the extent caused by our failure to exercise reasonable care and skill while the Goods are in our custody. Our liability is limited to the lowest of: (a) the proven actual value of the Goods lost or damaged; (b) £1,300 per tonne of the gross weight of those Goods, consistent with the rate in the RHA Conditions of Carriage 2026 (which are not otherwise incorporated into these terms); and (c) £5,000 per consignment. A higher limit applies only under clause 9. These limits apply in aggregate to claims arising from the same consignment, including temperature-related deterioration.

11. Exclusions and mitigation

We are not liable to the extent loss or damage results from inadequate or defective packing, incorrect information or instructions, the inherent nature of Goods, normal deterioration, pre-existing defects, unsafe loading by others or the Customer’s failure to provide the agreed starting temperature. We are not liable for loss of profit, loss of business, product recall costs or other indirect or consequential loss, or for delay alone unless specifically agreed in writing, to the extent such exclusions are lawful and reasonable. Both parties must take reasonable steps to mitigate any loss.

12. Legal protections and international carriage

Nothing in these conditions excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or anything else which cannot lawfully be excluded. All exclusions and limits are subject to applicable law, including the requirement of reasonableness where relevant. Where the CMR Convention or another mandatory international carriage regime applies, it prevails over any inconsistent provision of these conditions.

13. Notification of claims

The receiving party should note visible damage or shortage on the delivery record. The Customer must notify us in writing of any claim as soon as reasonably practicable, normally within seven days of delivery (or the expected delivery date for non-delivery), and provide supporting documents and evidence within 28 days where reasonably possible. Late notice does not automatically defeat a claim, but we are not liable for additional loss arising from delay in notification or for a claim that cannot reasonably be investigated because of it.

14. Customer responsibilities and indemnity

The Customer is responsible for the accuracy of its instructions and for compliance with applicable laws concerning the Goods. It will reimburse us for reasonable losses, fines and expenses arising directly from its breach of these obligations, except to the extent caused by our negligence or breach of contract. The Customer must make the Goods available for inspection when reasonably requested in connection with a claim or food safety issue.

15. Storage and lien

Separate warehousing or long-term storage is not included in these carriage terms and must be agreed under separate written terms before acceptance. Temporary holding incidental to an agreed transport movement remains subject to these conditions. To the extent permitted by law, we may retain Goods in our possession as security for unpaid sums due in respect of those Goods and recover reasonable related costs, after giving reasonable notice.

16. General

We may suspend further services for material non-payment or a serious safety concern after reasonable notice where practicable. Changes to these conditions require written agreement by authorised representatives. If a provision is unenforceable, the remainder continues in effect. English law governs, and the courts of England and Wales have exclusive jurisdiction, subject to any mandatory law. Notices and claims may be sent to enquiries@rclx.co.uk.