Terms & Conditions

This page contains two separate sets of terms.

Part A: Website Terms of Use applies to everyone who uses douggobeytransport.co.uk.

Part B: Conditions of Business applies to customers who book transport or crane services from us. These include important limits on our liability. Please read them.

Part A: Website Terms of Use

A1. About us

This website is operated by Doug Gobey Transport Limited.

A2. Accepting these terms

By using this website you accept these terms of use. If you do not accept them, please do not use the site.

We may amend these terms at any time by updating this page. Check it whenever you use the site, as the version in force is the one published at the time.

A3. Using our website

You may use this site for lawful purposes only. You must not:

• use it in any way that breaches any applicable law or regulation
• use it for any fraudulent or harmful purpose
• transmit any material that is defamatory, offensive or otherwise objectionable
• knowingly introduce viruses, trojans, worms or other malicious material
• attempt to gain unauthorised access to the site, the server on which it is stored, or any connected server, computer or database
• attack the site via a denial-of-service attack
• use any automated system to scrape, harvest or extract data from the site without our written permission

Breaching this section may be a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant authorities and cooperate with them, including by disclosing your identity.

A4. Availability

We do not guarantee that this website will always be available or uninterrupted. We may suspend, withdraw or restrict all or part of it for business or operational reasons, and we will try to give reasonable notice where we can.

You are responsible for making the arrangements necessary to access the site, and for ensuring that everyone accessing it through your connection is aware of these terms.

A5. Intellectual property

We own or license all intellectual property rights in this website and its content, including text, photographs, graphics, the Doug Gobey Transport name and logo, and the design of the site. These are protected by copyright and trade mark laws.

You may print off one copy and download extracts of any page for your own reference. You must not modify any material, or use any illustrations, photographs or graphics separately from the accompanying text.

You must not use any part of this website for commercial purposes without a licence from us.

If you breach these terms, your right to use the site ends immediately and you must return or destroy any copies you have made.

A6. Accuracy of information

The content on this site is provided for general information only. It is not advice, and you should not rely on it for any particular purpose.

Vehicle specifications, payloads, dimensions and service descriptions are indicative. Actual capacity depends on the load, its distribution, packaging, access at collection and delivery, and legal weight limits at the time. Confirm requirements with us before booking.

We make no representation or warranty that the content is accurate, complete or up to date.

A7. Linking

You may link to our home page provided you do so fairly and legally, and in a way that does not damage our reputation or suggest any association or endorsement that does not exist.

You must not frame our site on any other site, and you must not link from any site you do not own.

We may withdraw linking permission at any time.

Where our site contains links to other sites, these are provided for information only. We have no control over them and accept no responsibility for their content or for any loss arising from your use of them.

A8. Our liability for the website

Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded.

We exclude all conditions, warranties and other terms that might otherwise be implied into these website terms.

We are not liable for any loss or damage arising from use of, or inability to use, this website, or from reliance on its content. In particular, we are not liable for loss of profits, sales, business, revenue, business interruption, anticipated savings, business opportunity, goodwill or reputation, or any indirect or consequential loss.

We are not liable for any loss caused by a virus or other technologically harmful material that infects your equipment through your use of this site or any site linked from it.

This section applies to your use of the website only. Our liability for transport and crane services is dealt with in Part B.

A9. Governing law

These website terms are governed by English law. The courts of England and Wales have exclusive jurisdiction.

Part B: Conditions of Business

B1. Our trading conditions

All transport, crane, loading and unloading services we provide are supplied subject to the Road Haulage Association Conditions of Carriage.

These conditions limit our liability. In particular, our liability for loss of, damage to, or misdelivery of Goods is capped at the lowest of the value of the Goods, the cost of repairing or replacing them, or £1,300 per tonne of their gross weight. We also exclude liability for indirect and consequential loss, including loss of profit and contractual penalties.

A full copy of the RHA Conditions is available on request, free of charge, by emailing info@douggobeytransport.co.uk or calling 07774 725 086.

You may request a higher liability limit. To do so you must give us written notice at least 7 days before transit begins, and we will agree a higher rate of charge with you.

Please read the RHA Conditions before instructing us. If any term in Part B conflicts with them, the RHA Conditions prevail unless we have agreed otherwise in writing.

B2. Definitions

"We", "us", "our" means Doug Gobey Transport Limited.
"You", "your", "the Customer" means the person or company who instructs us.
"Goods" means the items we agree to carry or lift.
"Services" means the transport, crane, loading, unloading or related services we agree to provide.
"RHA Conditions" means the Road Haulage Association Conditions of Carriage in the edition current at the date of your booking.

B3. Quotations and how a contract is formed

Quotations are an invitation to treat and do not amount to an offer.

The validity period of a quotation will be set out in your written quotation. A quotation may be withdrawn or amended at any time before you accept it.

A contract is formed when we confirm your booking in writing, or when we begin performing the Services, whichever happens first. At that point these terms and the RHA Conditions apply.

Quotations are based on the information you give us. If that information is incomplete or inaccurate, or if circumstances change, we may adjust the price. Matters that commonly affect price include:

• the actual weight, dimensions, volume or nature of the Goods
• restricted access, unsuitable ground conditions, or an inability to reach the loading or unloading point
• waiting time at collection or delivery beyond the period allowed
• changes to dates, times, addresses or routes
• ferry, toll, congestion, clean air zone, permit or escort costs
• abnormal load requirements or the need for a route survey
• fuel price movements outside our control, where a fuel surcharge is set out in your written quotation

We will tell you about any additional charge as soon as we reasonably can.

B4. Your obligations

You must:

• give us accurate and complete information about the Goods, including weight, dimensions, value and nature
• ensure the Goods are properly packed, labelled and prepared for the type of transport booked
• tell us in advance of anything requiring special handling, temperature control, permits or notification
• ensure safe and suitable access at collection and delivery, including adequate ground conditions, headroom and space for our vehicle and, where applicable, crane outriggers
• ensure someone authorised is present to accept delivery and sign for the Goods
• obtain any permit, licence, consent or road closure needed at either end, unless we have agreed in writing to obtain it
• comply with all applicable law relating to the Goods

If you do not, we may refuse to collect or deliver, and you remain liable for our charges and for any cost we incur.

B5. Dangerous and prohibited goods

You must tell us in writing before we accept the Goods if they are dangerous, hazardous, or subject to ADR or other statutory controls, giving full details of their classification, quantity, packaging and any special requirements.

We do not carry dangerous goods unless we have agreed in writing in advance. Where we do, you must ensure they are classified, packed, marked, labelled and documented in accordance with the applicable regulations.

We do not accept for carriage, unless separately agreed in writing:

• bullion, coin, precious metals or stones
• jewellery, antiques, works of art or items of exceptional value
• live animals
• firearms, ammunition or explosives
• illegal or contraband items
• any goods excluded under the RHA Conditions

If Goods are tendered in breach of this section, we may at your cost refuse them, unload them, destroy them or otherwise deal with them as we reasonably think fit, and you will indemnify us for all resulting loss, damage, cost and liability.

B6. Crane and lifting services

Where we provide a vehicle-mounted crane, we provide it with an operator. The operator remains our employee and we retain responsibility for their acts within the scope of the RHA Conditions.

You must:

• provide accurate weights, dimensions and lifting points for anything to be lifted
• ensure the ground is capable of supporting the vehicle and its outriggers
• identify overhead obstructions, including power lines, and underground services
• keep the lifting area clear of people not involved in the lift
• provide any site induction, permit to work or supervision your site requires

We may refuse to carry out a lift if, in the operator's judgement, it cannot be performed safely. Where we do, our charges remain payable.

B7. Delivery times

We will use reasonable endeavours to collect and deliver within any agreed time or window, but times are estimates and are not guaranteed. Time is not of the essence.

We are not liable for delay, or for any loss arising from delay, except to the extent provided in the RHA Conditions.

If you require a guaranteed timed delivery, this must be agreed in writing in advance and may carry an additional charge.

B8. Charges and payment

Unless we agree otherwise in writing:

• our charges are exclusive of VAT, which is added at the applicable rate
• invoices are payable within the payment terms set out in your written quotation or invoice
• payment must be made in full, without set-off, deduction or counterclaim
• we may require payment in advance, or a deposit, for new accounts or one-off jobs

If you do not pay on time we may:

• charge statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998 at 8 percentage points above the Bank of England base rate, the reference rate being fixed twice yearly in accordance with that Act
• charge the fixed sum compensation provided for by that Act, currently £40, £70 or £100 depending on the size of the debt
• recover our reasonable costs of pursuing the debt
• suspend further Services until payment is received
• exercise a lien over Goods in our possession, as set out in the RHA Conditions

Any dispute about an invoice must be raised in writing within 14 days of the invoice date. Undisputed amounts remain payable.

B9. Claims

Claims must be notified in accordance with the RHA Conditions, and the time limits there are short. In summary, and subject always to the full wording of the RHA Conditions:

• claims for physical loss, mis-delivery, non-delivery or physical damage to Goods must be advised to us in writing within 7 days after transit ended, or after the date transit should have ended
• claims for any other type of loss must be advised to us in writing within 28 days of the same date
• in every case, we are discharged from all liability unless legal proceedings are issued and written notice is given within one year of the date transit commenced

When calculating any period of seven days or less, Saturdays, Sundays and statutory public holidays are excluded.

If you do not notify us in time, we will not be liable.

We may also ask for evidence of any damage, such as photographs, within the notification period.

Do not sign for Goods as received in good condition if they are not. Note any shortage, damage or discrepancy on the delivery note at the time.

You must give us a reasonable opportunity to inspect the Goods and their packaging before disposing of anything.

B10. Insurance

Our liability is limited as set out in the RHA Conditions. Our goods in transit insurance is arranged to reflect those limits.

Where the value of your Goods exceeds the RHA limit of £1,300 per tonne, you should arrange your own all-risks insurance. We can discuss arranging additional cover for a specific consignment if you ask us in advance, and this may carry an additional charge.

B11. Subcontracting

We may subcontract all or part of the Services. Where we do, the subcontractor and its employees have the benefit of these terms and the RHA Conditions to the same extent as we do.

B12. Cancellation

If you cancel a booked job, any cancellation charges will be those set out in your written quotation.

B13. Force majeure

We are not liable for any failure or delay caused by events beyond our reasonable control, including severe weather, flooding, road closures, accidents, fire, industrial action, epidemic, act of government, fuel shortage, cyber attack, or failure of utilities or transport networks.

If such an event continues for more than 30 days, either party may cancel the affected job by written notice, and you remain liable for work already done.

B14. Limitation of liability

Subject always to the RHA Conditions, which take precedence:

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot lawfully be limited.

We are not liable for loss of profit, loss of business, loss of contract, loss of anticipated savings, contractual penalties, loss of goodwill, or any indirect or consequential loss, however arising.

Our total liability arising from or in connection with any job is limited to the amount recoverable under the RHA Conditions.

B15. Confidentiality

Each party will keep confidential any commercially sensitive information it receives from the other, and will use it only for the purposes of the contract. This does not apply to information that is public, already known, or required to be disclosed by law or a regulator.

B16. Data protection

Each party will comply with applicable data protection law. Our Privacy Policy explains how we handle personal information.

B17. Third party rights

Except for the benefit given to our subcontractors, employees and agents, no one other than you and us has any right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.

B18. General

If any provision is found to be unenforceable, the rest remain in force.

A delay or failure to enforce any term is not a waiver of it.

These terms, the RHA Conditions and any written quotation or booking confirmation form the entire agreement between us, and supersede any earlier discussion or representation. Nothing here limits liability for fraudulent misrepresentation.

We may transfer our rights and obligations to another business. You may not transfer yours without our written consent.

B19. Governing law and jurisdiction

These conditions and any dispute arising from them are governed by the law of England and Wales. Both parties submit to the exclusive jurisdiction of the courts of England and Wales.

Contact us

Doug Gobey Transport Limited
Portway Farm, Cheltenham Road, Broadway, WR12 7LX
Email: info@douggobeytransport.co.uk
Telephone: 07774 725 086