Standard Terms & Conditions
* Deliveries should be made 60-90 minutes
prior to viewing/guests arriving, We are happy to advise
* We endeavour to make all deliveries on
time. However, we do not accept responsibility, nor will we pay any
compensation, for lateness due to circumstances beyond our control.
* Sculptures and luges generally weigh
approximately 15 stone (135kg) unless otherwise stated. They must therefore
be placed on a sturdy four legged table. DO NOT
USE FOLDING OR TRELLIS TABLE OR TABLES WITH ONE CENTRAL SUPPORTING LEG AS
THIS IS VERY DANGEROUS. 24 Hour Ice, or it's
agents cannot accept liability for any injury arising from the misuse of
sculptures or luges once delivery has been accepted and signed for.
* It is the responsibility of the customer to
ensure that a container is made available for the collection of melting ice
from the drain tray and to dispose of the sculpture or luge at the end of
the event unless otherwise agreed.
* Any problems
relating to a sculpture or luge must be reported within 3 hours of
delivery. We cannot accept complaints after that time
* Sculptures and luges should not be set up
in direct sunlight as this can cause cracking
* Cancellation charges apply.
* Sculptures and luges should be dismantled
no more than 7 hours after set up.
* Luges are designed to be used with
alcohol. This ensures that the channel does not freeze. They can be
adapted for use with soft drinks. Please advise at time of order.
* Before use the wire insert in the channel
must be removed
* The luge must never be used straight from
the freezer. It should be left for approximately 60-90 minutes to avoid
* Due to the varying nature of designs the
drink run may either a surface or internal channel
* Luges are designed to be used as “free
Conditions set down the basis on which the Carrier will supply and carry
goods for the Customer (definitions of Carrier and Customer are given in
Condition 1). The Carrier is not and does not contract as a common carrier.
The Conditions may not be altered or varied in any way except by express
agreement in writing signed by a director or proprietor of the Carrier. The
Conditions cannot and do not override any Statutory provisions imposed by
Law or the application of any applicable international conventions.
is expressly stated to be the Customer's responsibility to read and
understand these Conditions which will form the basis of the Contract under
which any claims or disputes are settled. Customers are recommended to take
professional advice and to ensure they arrange adequate insurance to provide
full cover when the property is in transit.
Sculpture cancellation charges.
Cancellation more than one month = No Charge
Less than one month = 50% of order value
Less than one week = 75% of order value
Ice Cubes/Crushed Ice/Dry Ice cancellation
More than 14 days notice = No charge
Less than 14 days notice = 25% of order value
Less than 72 hours notice = 50%
Less than 24 hours notice = 75%
Less than 48 hours notice = 25%
Less than 12 hours notice = 40%
Less than 4 hours notice = 60%
Disbursements such as ferry fees, hotel
cancellation fees will be added to cancellation charges.
1.1 Carrier means the person (corporate or otherwise) who contracts with
the Customer to carry the goods.
1.2 Consignee means the person (corporate or otherwise who may or may not be
the Customer) to whom the Carrier contracts to deliver the consignment.
1.3 Consignor means the person (corporate or otherwise who may or may not be
the Customer) who supplies the consignment to the Carrier for carriage.
1.4 Customer means the person (corporate or otherwise) who contracts with
the Carrier for the carriage of goods.
1.5 Contract means the Agreement between the Customer and the Carrier for
the carrying out of the transport service including all documents expressly
1.6 Consignment means goods whether single or multiple units or in bulk
despatched at any one time from one Consignor in a single load from one
address in the United Kingdom to one Consignee at any one other address in
the United Kingdom.
1.7 Dangerous Goods means goods of any nature as may be included in the
Approved Carriage List prepared pursuant to the Carriage of Dangerous Goods
(Classification, Packaging and Labelling) and Use of Transportable Pressure
Receptacles Regulations 1996 as may be amended from time to time and goods
which represent a similar hazard, radioactive material and explosives of any
1.8 Day means any day Monday to Friday inclusive other than a Bank or
Statutory Holiday, including the delivery day and the day on which any claim
or notice is first made.
1.9 Alternative Dispute Resolution means any procedure agreed by the parties
for the resolution of disputes other than those involving formal arbitration
1.10 Loss means the actual loss of the goods or failure by the Carrier to
deliver the goods within 30 days of the agreed time limit for delivery or,
if there is no agreed time limit, within 60 days from the date on which the
Carrier took over the goods.
1.11 Delay means failure by the Carrier to deliver the goods within the
agreed time limit, or if there is no agreed time limit, within the period of
60 days from the date upon which the Carrier takes possession of the goods.
1.12 Owners Risk means that the goods are held upon terms that the Carrier
shall not be liable for any loss of whatsoever nature and howsoever caused
including negligence in relation to the goods or as a consequence of the
goods being in the Carrier's possession. The Customer will indemnify the
Carrier against all claims that may be made against the Carrier arising from
the carriage, retention or storage of such goods.
1.13 The expressions Carrier, Consignee, Consignor and Customer shall
include those parties' principals, agents and servants.
Principal parties and sub-contractors
The Customer contracts as the legal owner of the goods or as the authorised
agent of such legal owner in which case the Customer warrants that he has
the authority to accept these Conditions on behalf of the legal owner.
2.2 Unless written instructions to the contrary are received from the
Customer, the Carrier may sub-contract part or the whole of the consignment.
2.3 Where carriage of any consignment or part of a consignment is
sub-contracted to a sea, air or rail carrier then the liability of the
carrier and of any sub-contractor shall be limited and/or excluded in
accordance with the conditions of carriage of that sub-contractor or as
provided for by statute or international convention.
2.4 Notwithstanding the provisions of the Condition 2.2, the Carrier may
not sub-contract the carriage of Dangerous Goods without the prior written
consent of the Customer.
2.5 Where part or the whole of the carriage has been sub-contracted as
provided for in Condition 2.2 above, such sub-contractors shall have the
benefit of these Conditions of Carriage and shall be under no greater
liability to the Customer than or in addition to that of the Carrier under
the Contract and the Customer agrees with the Carrier that no claim shall be
made against a sub-contractor in addition to or excess of the limitation
and/or exclusions of liability as set out in these Conditions.
Loading and Unloading
3.1 The Carrier shall not be required to provide additional services other
than the service for the carriage of the Consignment from the designated
place of collection to the designated place of delivery unless any such
service has been requested by the Customer and agreed by the Carrier in
writing, prior to collection or delivery being made. Delivery
is to the outside street level of the customers premises/location of event
only. Any other arrangement is between the customer and the driver.
3.2 The Customer shall be responsible for providing and safely operating any
equipment that may be required for loading the Consignment on or unloading
the Consignment from the vehicle unless arrangements to the contrary are
agreed in writing between the Carrier and the Customer prior to despatch and
these Conditions shall apply during such loading and/or unloading.
3.3 The Carrier shall be liable for any loss or damage caused as a result of
its use of defective equipment supplied by the Consignee or Consignor and
the Customer shall indemnify the Carrier against any claim made against the
Carrier in respect of such loss or damage including claims in respect of
death or personal injury.
3.4 The Carrier shall not be liable for any loss or damage caused as a
result of negligent acts committed by the Consignor or Consignee or their
servants or agents in assisting with loading and/or unloading and the
Customer shall indemnify the Carrier against any claim made against the
Carrier in respect of such loss or damage including claims for death or
3.5 The Carrier will endeavour to make the Consignment reasonably accessible
on the vehicle at the place designated for delivery.
3.6 The Customer shall make available to the Carrier upon request details of
any risk assessments which may have been carried out at the collection
and/or delivery addresses. The responsibility for carrying out such risk
assessments shall be that of the Customer and not of the Carrier.
The Contract for the carriage of Dangerous Goods shall be voidable by the
Carrier and the Carrier shall have no liability unless, prior to loading,
the Carrier receives precise and correct identification of the substances in
writing and has agreed to accept the same for carriage. Transport Emergency
Cards ("Tremcards") must be provided by the Customer in the form prescribed
by the appropriate Statutory authority giving details of each and every
substance the Carrier is requested to carry. Written information must be
provided in respect of goods classified as "Dangerous" and where a "Tremcard"
is not required by Statute. "Tremcards" or other written notification
provided by the Customer must accompany each and every Consignment.
4.2 The Customer shall be responsible for ensuring that such substances are
properly and safely packaged and labelled with the identities of the
substances and all other relevant information as specified by any Statutory
requirements for the time being in force.
4.3 The Customer shall be responsible for and indemnify the Carrier against
any loss or damage and claims made upon the carrier in respect of any injury
to persons or damage to property arising from the non-compliance by the
Customer or the Consignor with any of the provisions of these Conditions in
as far as they relate to the carriage of Dangerous Goods, unless the
Customer proves that the loss, damage or injury was due to the negligence of
The Carrier shall, if requested, sign a document acknowledging receipt for
the carriage of the quantity and description of the Consignment loaded on to
the Carrier's vehicle, to the extent this can be determined, by visual
inspection. Such receipt shall not be evidence as to accuracy of the
condition, weight, quantity nor nature of the goods said to comprise the
Consignment at the time the receipt document is signed by the Carrier and/or
his agents and/or his servants. The burden of proof in the event of dispute
is the responsibility of the Customer.
5.2 The Carrier shall use its best endeavours to obtain a signed receipt of
delivery of the Consignment from the Consignee unless otherwise agreed with
the Customer. Such receipts will be returned to the Customer as proof of
delivery, unless otherwise agreed in writing by the Customer and/or his
agent and/or his servants.
Goods are accepted by the Carrier for carriage at 'owner's risk' where the
Carrier is able to show that the Customer has explicitly agreed to the
carriage of the goods at 'owner's risk'. In that event, the Carrier shall
not be liable for loss damage or delay to the goods no matter howsoever or
by whomsoever caused and the Customer agrees to indemnify the Carrier
against any claims made by any Third Party in respect of the goods carried.
6.2 Subject to the provisions of Condition 6.1 above the Carrier's
responsibility for the Consignment shall commence when the Carrier takes
physical control of the Consignment at the point of collection or by
receiving the same at the Carrier's premises.
6.3 The Carrier's responsibility for the Consignment shall end when the
Carrier, it's agents or sub-contractors relinquish physical control of the
Consignment at the proper place of delivery or the Consignment is presented
at the proper place of delivery within normal business hours allowing
sufficient time for unloading.
6.4 If it has been agreed that the Consignee will collect the goods from the
Carriers premises or if the Carrier is prevented from making delivery at the
Consignee's address as a consequence of the absence of a safe and/or
adequate access or unloading facility then the Carriers responsibility for
the goods shall end at the expiration of 24 hours after notice by letter,
telephone, fax or e-mail or other agreed method of communication of the
availability of the goods has been given to the consignee and/or the
6.5 At any time during the term of the Contract the Customer may request or
the Contractor may recommend variations to the service and/or variations to
any other matters covered by the Contract. The Carrier shall investigate the
likely impact of any such requested or recommended variations upon the
service, the charge for the service and other aspects of the Contract and
shall report promptly to the Customer. Neither party shall be obliged to
agree to any requested or recommended variation but neither party shall
withhold its Agreement unreasonably. Until such time as any variation to the
Contract resulting therefrom have been mutually agreed in writing, the
parties shall continue to perform their respective obligations without
taking account of the requested or recommended variation.
The Carrier's charges shall be payable by the Customer provided always that,
when the goods are consigned 'carriage forward', the Consignee shall have
primary responsibility for the payment of the carriage charges but the
Customer shall pay such charges in the event of default by the Consignee and
the Carrier shall not be required to take any steps to obtain payment from
the Consignee other than a written request for payment.
7.2 Notwithstanding any claim which the Customer may have against the
Carrier, the Carrier's charges for carriage and any other services
incidental to the carriage chargeable under the Contract shall be payable by
the Customer within 30 days of the date of the invoice unless otherwise
agreed in writing. Should the charges not be paid within such a period, then
the Carrier shall be entitled to interest at the rate of 8 per cent above
the base rate of the Bank of England prevailing at the date of invoice,
calculated on a daily basis.
Disposal of the Goods by the Carrier
In the event that the Carrier is unable for any reason beyond its reasonable
control to deliver the Consignment in accordance with the Contract, the
Carrier shall seek further instructions from the Customer. The Carrier's
reasonable additional charges for retaining the goods pending the arrival of
such further instructions and for carrying out those instructions shall be
chargeable to the Customer.
8.2 Subject to the provisions contained in Condition 8.2 (a) to (c) below,
where the Carrier is unable to obtain further instructions from the Customer
in accordance with Condition 8.1, the Carrier may sell the goods provided
that such sale is permitted by law. Payment or tender of the net proceeds to
the Customer after deductions of all costs of and charges for carriage,
other services incidental to the carriage chargeable under the contract,
storage and disposal and expenses in relation to the goods shall (without
prejudice to any claim or right which the Customer may have against the
Carrier otherwise arising under the Conditions) discharge the Carrier from
all liability in respect of such goods, their carriage and storage.
The goods may not be sold unless the Carrier shall have made reasonable
efforts (having regard, if appropriate, to the perishable nature of the
Consignment) to notify the Customer of the Carrier's intention to sell the
goods. The goods may then be sold unless within reasonable time (such time
to be specified in the notice) the Customer shall have arranged to collect
the goods or given instructions for their disposal and have paid, without
prejudice, all outstanding charges as referred to in this Condition
including any warehousing charges which may have been incurred during the
time that the goods have been retained.
(b) Pending the expiry of such periods of notice as aforesaid and of
disposal of the goods under these provisions the Carrier shall at the
expense of the Customer have authority to arrange proper storage of the
Consignment. During such period of storage the goods will be held at "owners
risk" and the carrier shall not be liable for loss or damage of the goods
(c) In the event of a sale under this Condition the Carrier shall do what is
reasonable to obtain the market value of the Consignment (subject to any
unavoidable deterioration thereof). If the goods have no market value, then
the Carrier may dispose of them subject to compliance with all legal
requirements in force in respect of such goods.
8.3 Subject to the provision of Clause 8.1 above, and in circumstances in
which the Carrier is unable to obtain further written instructions, the
Carrier may, in respect of Dangerous Goods only, at his sole discretion
dispose of the goods or return them to the Customer. Where such action is
taken by the Carrier, it shall comply with all prevailing legal requirements
that may be in force in respect of the goods. Any such action taken by the
Carrier under this Clause shall be at the sole risk and expense of the
Liability for Loss, Damage or Delay
Subject to these Conditions the Carrier shall be liable for:
any loss of or damage to the goods in a Consignment occurring whilst the
Carrier has responsibility for the Consignment in accordance with Condition
(b) any delay in the carriage of any goods in a Consignment arising from the
negligence of the Carrier.
9.2 The Carriers liability is restricted to the financial limits imposed
under Clause 10 of these Conditions unless otherwise agreed in writing
between the contracting parties prior to the transit commencing.
9.3 The Carrier shall not be liable for whatsoever reason for loss of or
damage to, or mis-delivery or loss arising from any delay in respect of:
Bullion, Precious Metals, Precious Stones, Money (whether in note or coin
form), Securities, Stamps, Legal or Business Documents, Living Creatures or
anything of a similar nature unless:
the Carrier has agreed in writing to carry such goods at the specific
request of the Customer prior to commencement of the transit;
(ii) the Customer has agreed to reimburse the Carrier with all additional
costs necessarily incurred as a direct result of the Carrier agreeing to
carry such goods;
(iii) the loss or damage or delay has been proved to have been caused by the
negligence of the Carrier and/or his agents and/or his servants.
9.4 The Carrier shall be relieved of all liability if such loss, damage or
delay arises from the effect of:
act of God;
(b) any consequence of war, act of foreign power, terrorism, requisition or
destruction of or damage to property by or under the order of any government
or public or local authority;
(c) seizure or forfeiture under legal process;
(d) error, act, omission, mis-statement or mis-representation by the
Customer or other owner of the goods or by servants or agents of either of
(e) inherent liability due to wastage in bulk or weight, latent defect or
inherent defect, vice or natural deterioration of the goods;
(f) any special handling requirements in respect of the goods which have not
been notified to the Carrier;
(g) insufficient or improper packaging, unless the Carrier has contracted to
provide this service;
(h) insufficient or improper labelling or addressing, unless the Carrier has
contracted to provide this service;
(i) riot, civil commotion, strike, lockout, general or partial stoppage or
restraint of labour from whatever cause;
(j) defect of any equipment supplied by the Customer under Condition 3.2 or
any negligence of the Customer's agents or servant;
(k) Delay in providing to the carrier safe and adequate access and/or
delivering instructions in accordance with condition 6.4;
(l) Fraud on the part of the Customer, Consignor, Consignee or owner or of
their servants or agents in respect of all or any part of the consignment.
Limitation of Liability of Carrier
10.1 Unless otherwise agreed in writing between the Customer and the Carrier
prior to the commencement of carriage, the liability of the Carrier in
respect of loss of or damage to goods whilst they are the responsibility of
the Carrier in accordance with Conditions 6 and 9 hereof shall be limited as
where the whole or part of a Consignment is lost or damaged to a maximum
rate of £1,300 per tonne inclusive of all/any duties and/or taxes on the
gross weight of the Consignment or that proportion by weight of lost or
damaged property as stated on the consignment note referred to in Condition
5, or otherwise ascertained, or £500 for the total Consignment whichever is
greater but not exceeding the actual value of the Consignment or part of the
(b) for the purpose of this Condition the value referred to is the valuation
of the goods at the time they are accepted for carriage including all duties
and taxes. Provided that no claim shall be accepted by the Carrier pending
its receipt from the Customer of proof of the value of the Consignment or
any part thereof.
10.2 The Carrier's liability for any delay or consequential loss shall not
exceed the amount of the claimant's bona fide loss or the amount of the
carriage charges whichever shall be the smaller unless agreement has been
made previously in writing between the Carrier and the Customer for a
specific level of liability for such delay or consequential loss.
Customer's Indemnity to the Carrier
Customer shall indemnify the Carrier against:
11.1 losses suffered by the Carrier arising from any negligent act,
negligent omission, negligent misdirection or negligent misstatement by the
Customer, Consignor or Consignee, its servants or agents;
11.2 claims of any nature for loss or damage resulting from the carriage of
Dangerous Substances where the Customer's obligations in Condition 4 above
have not been met;
11.3 claims and demands of any nature in respect of loss of or damage to the
goods made by any Third Party additional to or in excess of the limits of
liability of the Carrier set out in Condition 10 above;
11.4 any claims made or penalties imposed by the Commissioners of Customs
and Excise in respect of dutiable goods;
11.5 claims and demands made by a Third Party attributable to lack of
authority on the part of the Customer to enter into the Contract upon these
Terms and Conditions.
Notification of Claims
12.1 The Carrier shall not be liable for:
loss or damage of the whole of the Consignment unless a claim specifying the
general nature thereof is submitted by the Customer to the Carrier in
writing within 14 days from the Carrier's responsibility for the Consignment
having commenced in accordance with Condition 6.2 above and unless a
detailed claim giving weight and value and date of collection are submitted
by the Customer to the Carrier in writing within 14 days from the Carriers
responsibility for the Consignment having ended or been deemed to have
loss or damage of any part of a Consignment unless a claim specifying the
general nature thereof is submitted by the Customer to the Carrier in
writing within seven days from the Carriers responsibility for the
Consignment having ended in accordance with Condition 6.3 above and a
detailed claim specifying the weight, value and date of collection and date
of delivery are submitted in writing within 14 days of the Carriers
responsibility having ended;
(c) damage of any description unless the damaged goods are made available to
the Carrier's representative for inspection for a reasonable period
following notification of the claim;
(d) delay in delivery of whole or part of the Consignment unless the Carrier
is informed in writing within three days of the date by which the delivery
should have been made. For the avoidance of doubt where no date for delivery
has been agreed notification should be given within 63 days of the Carrier's
responsibility for the consignment having commenced.
12.2 The Carrier shall not benefit from this exclusion of liability if the
Customer provides evidence that:
in all the circumstances it was not reasonably possible so to advise the
Carrier or make the damaged goods available for inspection within the
specified time limits and;
(b) such advice was given at the first reasonable opportunity.
Lien and Power of Sale
13.1 All Consignments delivered to the Carrier for carriage are and will be
received by the Carrier and held by it subject to a lien for all carriage
charges due to the Carrier from the Customer for the carriage, storage rent
and/or warehousing charge of the goods and other proper charges or expenses
incurred in respect of or in connection with the carriage of the particular
Consignment and all other goods which may have been carried by the Carrier
for the Customer from time to time. If such a lien is not satisfied by
payment within a reasonable time of the Carrier's demand for payment then
the Carrier shall be entitled to invoke the power of sale set out in
Condition 8 over the Customer's goods in the Carrier's possession. Such sale
shall be subject to the provisions of Conditions 8.2 and 8.3 above.
13.2 The Carrier shall be entitled to charge to the Customer the cost of
loading and unloading the goods whilst a lien is being exercised together
with warehouse rent and any other expenses incurred during all periods
during which the lien on the Consignment or any part of the Consignment is
being asserted and all these Conditions shall continue to apply whilst the
lien is being exercised.
13.3 If the Consignment is not the property of the Customer; the customer
warrants that he has the authority to grant to the carrier a particular lien
against the owner. The Carrier may hold the goods against the owner for any
unpaid monies applicable to those goods only, but he may not sell or dispose
of the goods in any way without the express consent of the owner.
Detention of Carrier's Property
Customer shall, except in the case of negligence by the Carrier, pay to the
Carrier any cost or expense occasioned to it by the improper or excessive
detention by the Consignor or Consignee of any vehicle, trailer, container
or covering belonging to or under the custody or control of the Carrier
without prejudice to any rights of the Carrier against any Third Party in
respect of such detention.
15.1 The parties will attempt, in good faith, to resolve any dispute or
claim arising out of or relating to these Conditions promptly through
negotiations between the respective representatives of the parties who have
authority to settle the same.
15.2 If the matter is not resolved through negotiation the parties may
attempt to resolve the dispute or claim through an Alternative Dispute
Resolution (ADR) procedure as recommended to the parties by the Freight
Transport Association or the Centre for Dispute Resolution.
15.3 If the matter is not resolved by an ADR procedure or if either party
will not or ceases to participate in an ADR procedure, the dispute may be
referred to the arbitration of a single arbitrator or to an arbitrator
appointed at the request of the parties by the President for the time being
of the Chartered Institute of Arbitrators. The apportionment of the cost of
any such arbitration between the parties shall be in the discretion of the
arbitrator. The arbitration shall, unless otherwise agreed, be held in the
town wherein the Carrier has its main administrative office.
parties shall agree the legal regime under which these Conditions shall be
construed and interpreted and the courts which shall have jurisdiction. In
the absence of such agreement, the contract shall be subject to and
construed and interpreted in accordance with English law and shall be
subject to the jurisdiction of the courts of England.