Subcontractor Terms and Conditions
- Terms and Conditions -
These Terms and Conditions (the "T&Cs") explain your rights, obligations, and responsibilities and those of "TieDex Logistics Market Limited t/a TieDex Logistics". A contract is a two-way arrangement, and everyone must know where they stand. Where we use the word 'you' or 'you're' it means the person or company acting as a subcontractor; 'we', 'us' or 'our' means "Logistics Market Limited t/a TieDex Logistics", as defined below. These T&Cs can only be changed or amended by our written agreement.
In these Terms and Conditions, the terms below have the following meaning:-
"Additional service" - any service not included in the details of the Job sheet which is needed by the Customer, and which can be provided as part of the Service; which includes, but is not limited to waiting time, additional trip, additional van; disposal service; different distance etc.
"Additional charges" - any additional sums of money paid by the Customer for providing Additional service.
"Additional payment" - any additional sum of money to which You are entitled for the provision of Additional service.
"Code of Conduct" - the document which outlines the general rules and standards for providing the Service.
"Customer" - the person or company to which the Service is offered.
"Equipment" - any device, apparatus, packing materials, trolley, tools, protective blankets, branded T-shirts and jackets or similar items that are used for the provision of the Service.
"Job" - the logistics job which is identifiable by a "Job ID" and which is available on the Platform
"Jobs" - the Logistics jobs which are available on the Platform and identifiable by a "Job ID"
"Job sheet" - the document which outlines all the details of a Job
"Platform" - the online Platform which You can access to see the Jobs and show your interest to offer the Service.
"Service" - the logistics service and/or packing service
"Third Party Entity" - Logistics Ombudsman, National Guild of Logistics, the Judiciary system, or any other competent authority
"Transport Manager" - Our representative which is Your point of contact relating to any details of a Job
"Vehicle" - the delivery van which You use to provide the Service
"We", "Us", "Our" - Logistics Market Limited t/a TieDex Logistics Logistics
"You", "Your" - the subcontracted person or company that provides the Service under the terms of this agreement
These Terms and Conditions can be varied or amended subject to a prior written agreement.
Only these terms will apply to any agreement between You and Us relating to the provision of the Service. These terms will not change unless We notified You in writing via the Platform about the updated T&Cs.
By accepting any Job which is listed on Our Platform, You agree that the provision of the Service is subject to these Terms and Conditions.
3 Your responsibility
3.1 You will provide at Your cost, a telephone device so that We may communicate with You while You are providing the Service and You will provide Us with Your mobile number so that We can communicate with you at all times while You are providing the Service. The telephone device must be either of a type which can be lawfully used "hands-free" by wireless telegraphy apparatus or must be installed in a suitable holder so that it may be used "hands-free".
3.2 You will provide at your own cost the Vehicle to be used for the provision of the Service. It is Your responsibility to ensure that all the laws, bylaws, insurance, rules and regulations of any government, Local Council or any other similar authority are followed relating to the Vehicle, Driver and the provision of the Service.
3.3 You will maintain a professional attitude towards the Customer and Our representatives and employees while performing the Service.
3.4 You must be neat, clean, sober and polite towards the Customer and Our representatives.
3.5 You agree to act as an agent in representing Us while providing the Service to the Customer and to adhere to the Code of Conduct provisions.
3.6 You will ensure that the details on the Jobsheet are carefully read and that all the necessary Equipment, Vehicles and planning for the provision of the Service are in place to the reasonable standard expected from a person in Your position.
3.7 You will make sure that the itinerary to the Customer address is planned and You will arrive promptly at the pickup address as indicated in the Jobsheet
3.8 Where You cannot attend a Job that was assigned to You, either with or without a formal reason, You agree that deductions and/or charges may apply to You. The amount deducted is at our discretion limited by the amount agreed to be paid for the job.
4 Restrictions on You
4.1 When You provide the Service, You must not do anything illegal, deceptive, misleading or unethical.
4.2 When you provide the Service, You must not do anything which may cause or may give reasons to cause damages to Our public interest or reputation
4.3 You must not employ or use the services of a child under school leaving age to provide any of the Services, nor to allow any child under school leaving age to enter Our premises or any of the premises of the Customer
- Insurance and Risk
5.1 You shall have public liability insurance and goods in transit insurance in place to cover any loss or damages that You cause while providing the Service
5.2 Where insurance is not in place, You shall remain liable for any items that are lost or damaged by You while providing the Service
- Claims handling
6.1 We shall be entitled to make deductions or apply charges to You to cover any compensation agreed with the Customer following a valid claim submitted by the Customer.
6.2 We shall notify You in writing about the claims received together with available evidence and You shall make all reasonable endeavours to provide information to resolve the claim.
6.3 Where You provide no information relating to a claim, You agree that We will assess the information received from the Customer only.
6.4 We will make all reasonable efforts to make a fair assessment of the claim and provide reasonable compensation to the Customer.
6.5 You agree that the compensation amount will be payable by You.
6.6. Where a claim is investigated by a Third Party Entity, We will inform You about all the details of the claim and You agree to provide all the necessary information, evidence and statements to enable the resolution of the claim.
6.7 Where a claim is determined by a Third Party Entity and an award for damages is made, due to Your negligence or breach of contract, You agree to pay to Us the amount determined by the Third Party Entity to enable us to settle the claim.
7.1 We will pay You the agreed amount for the provision of the Service but only after You provide us with an invoice setting the Job ID, amount payable and bank details
7.2 Payment will be made by BACS payment to your bank account
7.3 If You are VAT registered, We will add VAT to the rates but only where You provide us with a VAT invoice
7.4 The amount payable for the provision of the Service can increase where Additional services are provided to the Customer, provided that:-
7.4.1 You inform Us about any Additional service the Customer needs;
7.4.2 The Customer confirms to Us and agrees to pay Us Additional charges for any Additional service;
7.4.3 We confirm that the Customer paid for the provision of the Additional Service.
7.5 You agree, that where the Customer does not pay Additional charges for the Additional service, We will not make any Additional payment to You.
7.6 You agree that We are entitled to make deductions from the payments due to You as follows:-
7.6.1 for the repair or replacement of any Equipment which is damaged or lost by You, but not where the damage is caused by were and tear;
7.6.2 for the settlement of Claims as provided by Clause 6.5 and Clause 6.7;
7.6.3 to compensate Us for short notice cancellations as provided by Clause 3.8.
7.7 Where a Job is cancelled or the date is changed by a Customer with less than 3 clear working days' notice, you shall be entitled to a percentage of the late notice fees for cancellation or change of date with short notice, but only where the Customer pays Us the late notice fees. Such percentage shall be discussed and agreed upon based on the late notice fee paid by the Customer.
- Your data
8.1 Personal data is any information that tells Us something about You either directly or indirectly, and includes but is not limited to:
8.1.1 Identity data: Your name, date of birth, image, driver's licence, vehicle registration/licence plate
8.1.2 Contact details: residential address, phone number, email address, property ownership information
8.1.3 Financial data: bank account details, VAT
8.2 We will only use Your data when the law allows Us to and most commonly in these circumstances: -
8.2.1 Where We need to perform a contract We have entered into or are about to enter with You
8.2.2 Where it is necessary for Our legitimate interests (or those of a third party) and Your interests and fundamental rights not to override those interests
8.2.3 Where We need to comply with a legal obligation
8.3 We will also share Your data with the Customer but only those details that are necessary to:-
8.3.1 enable the provision of the Service
8.3.2 provide You with the Job and allow the Customer to contact You regarding the provision of the Service
9.1 You understand that to provide the Service, You will have access to confidential information of the Customer to enable You to provide the Service. You agree that any confidential information, such as contact details, residential addresses and names outlined in the Jobsheet referring to a Job can only be retained and used by You strictly for the provision of the Service.
9.2 You agree that You will not keep, divulge, reveal, report or use for any purpose any confidential information of the Customer which You obtained except as authorized by Us or required by law.
9.3 The obligation of confidentiality will apply from the moment You gained access to the Customer's confidential information and will survive indefinitely upon the termination of the Service.
10 No partnership
10.1 You agree that You are not acting as a partner or employee under this Agreement. You are an independent contractor providing the Service in Your name and at Your own risk;
10.2 You must not do anything or try to do anything which would cause Us to have any liability and You must not give Our name or business as security for anything You have done or not done.
11 No warranties
11.1 You must not make any promises and representations and You must not give any warranties or guarantees in respect of the Service except those We expressly agreed in writing.
12 Payments to us
12.1 You must pay to Us all losses, claims, damages, costs, expenses, liabilities, demands, proceedings and actions which We may suffer or spend or which may be brought against Us by any person arising as a result of:-
12.1.1 Your negligence or breach of contract while performing the Service;
12.1.2 Anything done or not done by you which We have not agreed in writing;
12.1.3 Your omission to adhere to any laws or regulations relating to the provision of the Service
13.1 If any of these terms are not valid for any reason, this will not affect the validity of the other terms
14.1 If You do not keep to these Terms and Conditions and We do not take any action against You on the first occasion, this will not prevent Us from taking action against You at a later time in respect of the same or different breach
15.1 All notices, demands, requests or other communication permitted by these T&Cs that You need to give Us need to be in writing and delivered to the following address:-
Logisticss Markets Ltd t/a TieDex Logistics Logisticss, Unit 3 Cavendish House, 2nd Floor, 369 Burnt Oak Broadway, Edgware, HA8 5AW and/or by email to info@TieDexLogistcs.co.uk
15.2 If We need to send any notices, demands, requests or other communication permitted by these terms, We will send these to You in writing and deliver them to the address You notify at the time of registration on the Platform.
14.3 If We change Our address, We will tell You in writing and if You change Your address, You must tell us in writing.
15.4 Notices under clause 3.8 of these T&Cs, must be given to us as soon as reasonably possible and by phone call or text message to Our Transport Manager
16 Governing Law
These terms are governed by English Law and any disputes will strictly be dealt with by the Courts of England and Wales.