Terms and Conditions
Application and entire agreement
1. These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by BRUK Cargo Services LTD a company registered in England and Wales under number 12788717 whose registered office is at Centurion House, London Road, Surrey, TW184AX (we or us or Service Provider) to the person buying the services (you or Customer).
2. You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.
3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
4. A “business day” means any day other than a Saturday, Sunday or bank holiday in England and Wales.
5. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
6. Words imparting the singular number shall include the plural and vice-versa.
7. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
8. We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
9. All of these Terms and Conditions apply to the supply of any goods as well as services unless we specify otherwise.
10. You must obtain any permissions, consents, licenses, documents or otherwise that we need to provide the services and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide the services.
11. If you do not comply with clause 10, we can terminate the Services.
12. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).
13. The fees (Fees) for the Services are set out in the quotation and are on a time and materials basis.
14. In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services.
15. You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 14 also apply to these additional services.
16. The Fees are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority in each country.
Cancellation and amendment
17. We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 1 day from the date of the quotation, (unless the quotation has been withdrawn).
18. Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation or if any of the terms mentioned on our booking forms and packing lists are not fulfilled.
19. If you want to amend any details of the Services, you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.
20. If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party’s control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
21. We will invoice you for payment of the Fees either:
a. when we have completed the Services; or
b. on the invoice dates set out in the quotation.
22 You must pay the Fees due within 1 day of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
23. Time for payment shall be of the essence of the Contract.
24. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of % per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
25. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
26. If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.
27. Receipts for payment will be issued by us only at your request.
28. All payments must be made in unless otherwise agreed in writing between us.
Sub-Contracting and assignment
29. We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
30. You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.
31. We can terminate the provision of the Services immediately if you:
a. commit a material breach of your obligations under these Terms and Conditions; or
b. fail to make pay any amount due under the Contract on the due date for payment; or
c. are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
d. enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
e. convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
32. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
Liability and indemnity
33. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.
34. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
35. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
a. any indirect, special or consequential loss, damage, costs, or expenses or.
b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third-party claims; or
c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
d. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
e. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
36. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
37. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
38. When supplying the Services to the Customer, the Service Provider may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Customer.
39. The parties agree that where such processing of personal data takes place, the Customer shall be the ‘data controller’ and the Service Provider shall be the ‘data processor’ as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
40. For the avoidance of doubt, ‘Personal Data’, ‘Processing’, ‘Data Controller’, ‘Data Processor’ and ‘Data Subject’ shall have the same meaning as in the GDPR.
41. The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these terms and conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party’s purposes.
42. The Service Provider shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors or advisors on a strict ‘need-to-know’ basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
43. The Service Provider shall implement and maintain technical and organizational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Customer.
44. Further information about the Service Provider’s approach to data protection are specified in its Data Protection Policy, which can be found. For any enquiries or complaints regarding data privacy, you can email.
Circumstances beyond a party’s control
45. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
46. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorized officer of that party).
47. Notices shall be deemed to have been duly given:
a. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient.
b. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated.
c. on the fifth business day following mailing, if mailed by national ordinary mail; or
d. on the tenth business day following mailing, if mailed by airmail.
48. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
49. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
50. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and jurisdiction
51. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
T’s & C’s for Personal Effects and Boxes to Brazil
By using the BRUK Cargo Services website and platform, you agree to the terms and conditions (“Terms of Service”) found on this page. BRUK Cargo Services (“We”) may change the terms listed here from time to time without notice. New features that improve our current service, including the launch of new tools or features, are subject to the Terms of Service. Continued use of the service after any changes demonstrates your consent to the changes.
a. Consignments shall mean packages or parcels accepted and collected by BRUK Cargo Services Ltd. at one time and from one location by shipment to one address
b. Carriage and/or shipment shall mean the movement of the consignment by road; and/or sea; and/or air
c. Storage shall mean the holding of the consignment in our premises, or those of an agent or sub-contractor
d. The Customer shall mean the contract of carriage between the Customer and BRUK Cargo Services Ltd.
e. The Customer shall mean the person, organization, or company who engages the services of BRUK Cargo Services Ltd.
f. The Domestic Service shall mean the collection and delivery by BRUK Cargo Services Ltd. of consignments from and to locations within the country of origin
g. The International Service shall mean the collection and delivery by BRUK Cargo Services Ltd. of Consignments where such collection and delivery involve carriage from one country to at least one other
h. The Service shall mean the Domestic Service and/or the International Service and/or Express Service Options and/or Storage.
2 THE CONTRACT
a. BRUK Cargo Services Ltd. will only enter the Contract and provide the Service upon these conditions which shall supersede any and all prior written oral or implied agreements between BRUK Cargo Services Ltd. and the Customer. No variations of these Conditions will be binding upon BRUK Cargo Services Ltd. unless in writing and signed by a director of BRUK Cargo Services Ltd.
b. Any request by the Customer for BRUK Cargo Services Ltd. to provide the Service shall constitute an offer and the collection by BRUK Cargo Services Ltd. of any Consignment shall constitute an acceptance to provide the Service upon these Conditions. Accordingly, the Contract shall not have been entered into and no liability on the part of shall arise BRUK Cargo Services Ltd. until the Consignments to which the contract relates is in the possession of BRUK Cargo Services Ltd.
c. The Customer enters (and warrants that he is able to enter) the Contract on his own behalf or as agent for the owner and for any other person having interest in the Consignment. Accordingly the owner of such other person shall be bound by these Conditions and the Customer shall indemnify BRUK Cargo Services Ltd. for any loss suffered by BRUK Cargo Services Ltd. as a result of the breach by the Customer of the warranties contained herein.
d. BRUK Cargo Services Ltd. enters the Contract on its own behalf and as agent for any agent, subcontractor or associated company appointed by BRUK Cargo Services Ltd. to perform any part of the Service. Accordingly, such agent sub-contractor or associated company shall be bound by and have the benefit of these Conditions.
e. Any document signed by BRUK Cargo Services Ltd. acknowledging receipt of the Consignment shall not be evidence of the condition or of the correctness of the declared nature, quantity, or weight of the Consignment at the time it is received by BRUK Cargo Services Ltd.
f. If any term or provision of these Conditions shall be void or unenforceable, such items or provisions shall be deemed to have been modified to the minimum extent necessary to make it valid and effective and all other terms and provisions contained herein shall continue in full force and effect
g. This document together with the trading agreement shall be the whole contract between the parties and it is agreed and declared that there shall be no liability in tort arising out of the carrying out of the contract by BRUK Cargo Services Ltd.
3 THE CONSIGNMENTS
a. BRUK Cargo Services Ltd. is not a common carrier and reserves the right to refuse any package, or parcel from any Customer at its discretion, or to abandon carriage of a Consignment at any time after collection where such Consignment could cause damage or delay to other Consignments equipment or personnel.
b. BRUK Cargo Services Ltd has the right to open any package, or parcel from any Customers at origin for inspections to comply with country of destination regulations. the warehouse of origin may need to repack the goods to comply with shipments regulations and it may occur a further cost to Customer.
c. 1. In performing the Service, BRUK Cargo Services Ltd will not carry:
Animals / Jewellery / Antiques / Liquids / Bullion / Liquor/ Cashiers cheques / Money or Currency / Collectors’ items/valuables / Negotiable instruments in bearer form / Compressed gasses / Perishables / Computer equipment / Plants / Drugs / Pornographic, lewd, or obscene materials / Explosives / Precious hardwoods / Fireworks / Precious metals / Food stuffs / Precious stones / Glass and fixed glass / Radioactive materials / Gunpowder / Stamps / Hazardous chemicals / Tobacco / Industrial carbons and diamonds / Travellers cheques / Insufficiently post coded items / Works of art
Except by prior arrangement and without liability to BRUK Cargo Services Ltd whatsoever.
Customers must make arrangements for their own insurance of all risks on any of the above listed items.
2. Domestic Service; Consignments must conform to BRUK Cargo Services Ltd loading gauge ie. Not one parcel exceeding 40kg in weight or 4 cubic metres capacity per tonne or being longer that 3 metre will be carried on the Express Services. No parcel for the Economy service will exceed 50kg in weight and must conform to the same loading gauge.
3. International Traffic (IATA restricted articles including hazardous or combustible material and any other item including all or any packages or parcels weighing in excess of 30 kilograms or having dimensions or more that 2 metres by 1.5 metres in capacity or such other weight or dimension as IATA shall from time to time specify in its schedule of restricted articles – the carriage of which is prohibited by any law regulations or statute of the government or administrative body of any country or state to or through which such item may be carried. In addition BRUK Cargo Services Ltd shall have the right from time to time to notify Customers of any other property or material which BRUK Cargo Services Ltd will not carry as part of the International Service and upon such notification such property or material shall be deemed to have been added to the list of items contained herein.
(c) In the event that a Customer consigns to BRUK Cargo Services Ltd any of the items referred to in
paragraph (b) above or the Customer undervalues or mis-describes any item for customs purpose or fails to supply correct and complete customs documentation, the Customer shall indemnify and hold BRUK Cargo Services Ltd harmless from all liability to the Customer whatsoever, have the right to abandon the Consignment or deliver it to any national or local government authority which claims jurisdiction over such Consignment
(d) Without prejudice to its rights contained in paragraph (c) above and without giving any warranty or incurring any obligations to do so BRUK Cargo Services Ltd reserves the right to open and inspect any Consignment to ensure that it is not in breach of any term hereof.
(e) In performing the Domestic Service, BRUK Cargo Services Ltd shall have the right to refuse carriage of any of the items referred to in paragraph (b) above but where BRUK Cargo Services Ltd is requested by the Customer to accept for carriage through the Domestic Service such items or any other item which may be of dangerous nature, such items must be accompanied by a full declarations of their nature and contents and be properly and safely padded in accordance with any statutory regulations for the time being in force.
4 THE CARRIAGE, STORAGE, and DELIVERY
a. BRUK Cargo Services Ltd shall have the right to sub-contract any part of the Service and to carry the Consignments by any route of procedure and by successive carriers and according to its own handling, storage and transportation methods.
b. In making collections or deliveries as part of the Service BRUK Cargo Services Ltd shall not be under any obligations to load or unload Consignments where such loading or unloading requires more than one person or the use of any special appliance or equipment. BRUK Cargo Services Ltd shall not be liable to the Customer for loss or damage caused to the Consignment where the company loads or unloads in circumstances where it is under no obligation to do so.
c. Where a Consignment is to be held at a depot of BRUK Cargo Services Ltd or its agent for collection by any person other than BRUK Cargo Services Ltd it shall deemed to be undelivered if not so collected within five business days from the date of the Consignments arrival at such depot. (The exception being when the consignment is specifically held on a previously agreed Storage tariff). A consignment shall also be deemed to be undeliverable of the address for delivery given by the Customer is wrong or non-existent. Upon being notified that the Consignments undeliverable, the Customer may at his additional cost, elect to have the Consignment returned or delivered to another address served by the Company or its agent. Where a Customer cannot be notified or does not provide for adequate disposition of the Consignment BRUK Cargo Services Ltd will at the cost of the Customer hold the Consignment for a further period of 30 days following which BRUK Cargo Services Ltd shall, without liability have the right to dispose of the Consignment as it thinks fit.
5 EXCLUSION OF LIABILITY
a. BRUK Cargo Services Ltd shall not under any circumstances be liable for the delay in collection or delivery of any Consignment regardless of the cause of such delay
b. BRUK Cargo Services Ltd shall not be liable for any loss, damage, mis-delivery, or non-delivery which is caused wholly or partly by any event other that BRUK Cargo Services Ltd negligence or wilful default. Such event (without prejudice to the generality of the foregoing) shall include –
1. any act default or omission of the Customer or any other party who claims an interest in the Consignment including non-observance of any of these Conditions, insufficient packing securing, marking, or addressing of the failure of the Customer to comply with any customs, or like, formality or failure to make suitable arrangements (including arrangements with the Consignee) relating to the payment of import duties VAT or any other taxes required prior to delivery of the Consignment
2. acts of God or force majeure, accidents, collisions or mechanical defects involving vehicles, vessels or aircraft carrying consignments, public authorities acting with actual or apparent authority of law, acts or omissions of customs or other government bodies or officials riots strikes or other local disputes adverse weather conditions loss or suspension of any licence or authority necessary for the carriage of Consignments electrical, magnetic or x-ray injury, erasure or other such damage to electronic or photographic images or recordings in any form or damage due to insects or vermin or any other cause reasonably beyond the control of the Company.
6 LIMITATION OF LIABILITY
a. Without prejudice to clause 5 hereof the liability of BRUK Cargo Services Ltd for any one Consignment shall not under any circumstances exceed the lesser of:
1. The amount of any loss or damage that is sustained by the Customer, or
2. The actual value of the Consignment calculated by reference to either (1) its cost of preparation or acquisition (as the case may be ) or (2) its repair or replacement value or (3) its resale value at the time and place of collection (whichever is the less)
3. In the event of a claim for loss or damage to goods there shall be an excess in respect of each every claim of £100.00
4. In the event of a claim for damage to goods BRUK Cargo Services Ltd reserves the right to require the return of the damage goods for inspection and should such goods not be available for return and inspection BRUK Cargo Services Ltd may reject the said claim.
5. In the event of the loss or of damage to part of a consignment containing more than one package the claim shall be settled by reference to the total declared weight of the whole consignment divided by the number of packages comprising the lost or damaged part of the consignment and BRUK Cargo Services Ltd liability will be limited to such proportion by weight of the whole consignment as represents the lost or damaged package or packages.
6. Without prejudice to the foregoing the maximum claim per package shall be limited to the maximum weight per package declared for each service as defined in clause 3(b)3 hereof notwithstanding the fact that the damaged or lost package shall be in excess of that weight.
a. BRUK Cargo Services Ltd shall not be liable in any event for any consequential or special or indirect loss however arising whether or not BRUK Cargo Services Ltd had knowledge that such damage might be incurred including but not limited to loss of income profits interest utility or loss of market.
b. In BRUK Cargo Services Ltd performance of the International Service, the Warsaw Convention may be applicable. The Convention governs and in most cases further limits the liability of BRUK Cargo Services Ltd in respect of loss or damage to such Consignments.
a. No claim may be brought by a Customer against BRUK Cargo Services Ltd unless it is received in writing at the registered office of BRUK Cargo Services Ltd.
1. in the case of the International Service within the period of limitation provided for in the CMR (refer below Important Advice to Customers))
2. in the case of the Domestic Service: (i) where the claim is for damage deviation mid-delivery delay or detention with in 7days after the terminations; and (ii) where the claim is for loss or no delivery of the whole of the Consignment, within thirty days after the commencement of transit.
3. The cheque on delivery service is carried without any liability whatsoever to BRUK Cargo Services Ltd and shall be treated as if they were restricted items within the definition of clause 3(b)1 here
b. Without prejudice to the foregoing no claim may be brought by a Customer unless all of BRUK Cargo Services Ltd charges for the Service have been paid in full. A claim or counterclaim shall not be made the reason for deferring or withholding payment of monies payable to BRUK Cargo Services Ltd.
a. The charges payable by the Customer shall be in accordance with the rates published or quoted by to BRUK Cargo Services Ltd from time to time. Such published rates shall be exclusive of VAT (or any other like taxes or imposts) and any customs duties payable in respect of the Consignment which shall be for the sole account of the Customer. Deliveries to docks, wharves and container bases will be accepted by to BRUK Cargo Services Ltd discretion and may be subject to an additional charge. Additional charges may also become due where the customer causes an unreasonable delay in the collection or delivery by to BRUK Cargo Services Ltd or any Consignment. Where a Customer has any query as to the correctness of any invoice, or statement of account, such query shall be communicated within 14 days of the date of issue of such invoice or statement of account, otherwise the Customer shall be deemed to have agreed to the full payment of BRUK Cargo Services Ltd charges.
b. Where any quotation for any part of the Service is given, such quotation is given of the basis of immediate acceptance and subject to a right of withdrawal of revision without notice. Except where the quotation states otherwise all quotations given on a weight charge shall apply to the gross weight of a consignment. Where a Consignment exceeds 4 cubic metres in measurement per 1000 kilogrammes the rate for 1000 kilogrammes shall be applied to each such measurement of 4 cubic metres or any part thereof.
c. Where the Company accepts “CARRIAGE FORWARD” Consignments to BRUK Cargo Services Ltd shall have the right to refuse delivery until all transportation and other charges have been paid. In any event the Customer shall remain liable to BRUK Cargo Services Ltd for such charges pending full payment by the Consignee including, without limitation costs of returning the shipment if required.
d. BRUK Cargo Services Ltd shall have a general lien on all Consignments for all charges, customs duties or other costs arising in respect of any Consignment and where payment is not made with 30 days of demand it shall have an absolute discretion to sell any Consignment as agent for the owner and apply the proceeds towards any monies due to BRUK Cargo Services Ltd.
e. Terms of Trading are for payment not later than 7 days after the date on invoice is rendered.
9 PROOF OF DELIVERY
i. Copy of proof of delivery is available on request from our collection depot within three months of dispatch
ii. The absence of a proof of delivery shall not be accepted as a reason not to pay valid invoices unless notified in writing within 14 days of the date of invoice
iii. A clearly signed proof of delivery will constitute correct delivery in good condition
iv. Any proof of delivery requests over 3 months from the date of dispatch will be provided up to 12 months from the date of dispatch.
10. BRUK Cargo Services Ltd SERVICE PERFORMANCE
i. The Express Services applies to Mainland Industrial Areas of England, Wales and Scotland, as defined by BRUK Cargo Services Ltd.
ii. Adverse weather and road condition and circumstances beyond our control render the Express Service null and void
iii. We will refund carriage charges or such relevant part therefore only if an Express Service delivery has not been attempted or achieved.
iv. Deliveries to Scotland, Northern Ireland and offshore islands are not guaranteed as Express Service and may be subject to surcharge.
v. Timed deliveries cannot be guaranteed and are subject to the performance of agents and/or sub-contractors.
vi. Items not fully post-coded on both label and consignment note may not be acceptable for carriage.
IMPORTANT ADVICE TO CUSTOMERS
All consignments are carried subject to the Convention on the Contract for the International Carriage of Goods by Road (CMR) and the rules of the Warsaw Convention in respect of the consignments transported between international points and subject to the terms and conditions set out above where any conflict arises between the provisions of the CMR and the Warsaw Convention and the provisions of the Terms and Conditions the Terms of the CMR and the Warsaw Conventions shall prevail By the Conditions set out below BRUK Cargo Services Ltd., its associated companies, authorized agents, servants, and the employees are:
(A) NOT TO BE LIABLE FOR CERTAIN LOSSES and DAMAGE and
(B) if they are to be liable the AMOUNT of SUCH LIABILITY IS LIMITED TO THE AMOUNT
In entering any contract with BRUK Cargo Services Ltd., or associated or subsidiary companies, the Customer acknowledges the limitations and exclusions contained in these Conditions are fair and reasonable and that the Customer had been given the opportunity of arranging insurance cover.