Terms & Conditions (effective as of January 1st, 2024)
- General Conditions
- Downton Logistics is the trading name of the freight forwarding business unit of Downton Group Limited (“Downton”).
- These terms and conditions shall govern Downton’s dealings in relation to all services provided to customers unless agreed otherwise in writing.
- Downton shall be entitled to choose to fulfil any contractual obligation in relation to the provision of services to a customer, using any carrier or subcontractor or routing at its sole discretion, unless otherwise agreed in writing.
- Transit times indicated are estimates and actual transit times may differ according to carrier schedules. Further, such indicated transit times do not reflect delays due to export control or customs clearance processes and are applicable to working days only.
- Total charges offered by Downton do not include insurance coverage, unless explicitly mentioned. Downton may charge additional sums to include insurance coverage.
- Enhanced Liability is mandatory on all shipments, ocean shipments, import, export and cross-trade and shall be added to each ocean shipment. The maximum payout is limited to £5000.00.
- In the event that there is an overdue balance (howsoever arising) owed by a customer to Downton, Downton shall be entitled to retain possession and control of any goods or materials belonging to customer until such time as the overdue balance is cleared in full, together with any accrued interest. Downton shall be entitled to store such goods or materials in a safe location and the costs of transporting and storing the goods shall be payable by the customer before the goods are released from Downton’s possession and control. The customer shall also be responsible for any legal or professional costs incurred by Downton in relation to recovery of the overdue balance.
- Should the customer fail to clear any overdue balance within 14 days of being requested to do so in writing, Downton shall be entitled to sell any goods or materials belonging to the customer which are in its possession or control in order to recover the sums owed to it. Downton shall also be entitled to pursue the customer for any balance of the sums owed that is not recovered through a sale of such goods.
- The services provided by Downton shall be governed by the laws of England. In agreeing for Downton to provide services, customers agree that the courts of England and Wales shall have exclusive jurisdiction in relation to any disputes arising in relation to such services.
- Conditions for Air Freight
- All charges and services offered by Downton are subject to these terms and conditions, unless agreed otherwise in writing.
- “Freight charges” as well as “Origin & Destination charges” will be charged based on chargeable weight which is the greater of gross or volumetric weight.
- Volumetric weight is determined using a factor of 1:6, meaning, for instance, a volume of 1 cubic meter has an equivalent volumetric weight of 166.67 kilograms (referred to in the quotation as “density ratio”). , All charges quoted are only applicable and valid for stackable, general cargo (no dangerous goods, no high-value, no temperature controlled, no perishables, no special handling requirements), not exceeding 2,000 kilogram chargeable weight per shipment, unless explicitly stated otherwise. If the sender or its loading facility is not certified as a “known consignor” by local authorities, the dispatch shall be submitted to an X-ray examination before being transported by plane or other local security screening may apply. This may result in additional costs for the freight payer.
- Unloading at destination has 30 minutes free. Additional time required for unloading thereafter will be charged at a rate per 30 minutes. The rate will be provided at quote stage.
- All Air Freight quotes exclude out of hours delivery and waiting time.
- Weekend deliveries will be subject to additional charges
- Conditions for Ocean Freight
- All charges and services offered Downton are subject to these terms and conditions, unless agreed otherwise in writing.
- Unless otherwise explicitly agreed, all charges quoted are only applicable and valid for general cargo (no dangerous goods, no high-value cargo, no temperature controlled, no perishables, no special handling requirements); cargo needs to be seaworthy and in gauge. In addition, LCL cargo must be stackable, not oversized (less than 5.8m length, less than 2.2m in width and height), weigh less than 2,500 kilogram per piece, not exceed a shipment volume of 20 cubic meters, not exceed a shipment weight of 10,000 kilogram and not consist of or contain personal effects.
- LCL “Freight charges” will be charged based on cubic metres (CBM).
- All charges can be subject to a minimum shipment size. The minimum is 2 cubic meters, unless explicitly specified otherwise. For shipments for which Downton is contracted for import services only, we need to receive one endorsed original bill of lading, a packing list and the commercial invoice before the ocean-going vessel reaches the destination port.
- Rates, Prices, Invoices
- The prices offered do not include duties, storage fees and are subject to applicable taxes, especially value-added tax (VAT); other charges for additional services may apply.
- Pickup and/or delivery charges are based upon standard services and equipment, and the quoted charges do not apply for bonded truck service and are only applicable for regular business hours, if not otherwise agreed. Fuel surcharges are subject to change.
- Collection and delivery costs specified in our quotation refer to the specified collection and delivery point only. Should collection and/or delivery points not be specified or be different the quoted price may change.
- All charges and services offered are subject to (vessel) space and equipment availability and unhindered routes of transportation.
- In case of shipment ‘no show’, Downton reserves the right to charge a ‘no show fee’.
- All invoices are denominated in GBP and must be paid upon receipt unless there is an alternative timeframe agreed in writing. Downton may, at its sole discretion, allow a 7-day grace period for payment; any late payments shall incur 2% monthly interest plus a £100 GBP fee, reminders are sent at 3 and 10 days past due, services may be suspended after 30 days overdue.
- Downton may also request payment for services in advance and where this is the case, notice shall be given to the customer at the time of agreeing the services.
- Any disputes regarding services provided by Downton must be raised within 7 business days.
- Any customs clearance fee for standard import & export declarations covered in the quotation includes up to three (3) HS codes (lines), any additional HS code will be charged as “additional line”. For any other customs related services, beyond standard import and export declarations, additional fees apply. If required by the customer, and allowed as per country legislation, the disbursement of Duties & Taxes done by Downton on behalf of the customer will trigger a surcharge. Any third-party fees charged to Downton (e.g. Port Handling, Terminal Charges and Storage) will be invoiced to the customer at cost.
- All Freight invoices must be paid in GBP unless stated otherwise. Any payments in USD are subject to additional currency conversion fees.
- All accounts of a customer must be cleared and in good standing before Freight is released by Downton.
- Credit terms are net payable upon presentation. Credit can be established with prior approval.