Terms and
Conditions
Next Tech Logistics (Trading as Closer2) Terms and Conditions of Business
1. Definitions:
“Carrier” means Next Tech Logistics (Trading as Closer2) Limited.
“Customer” means the person or company who instructs us to provide a delivery service, such person or
company including any employee, agent or other carrier who gives a consignment to the carrier.
“Account” means a Customer account registered with the Carrier including Customer information, including
but not limited to a Customer’s Company name, Registered Address, Company Registration Number, Bank
Account details, Telephone Number, Authorised Contact name and email address.
“Account Booking” means any Booking placed by a Customer holding an Account with the carrier.
“Booking” means a booking for the carriage of a Consignment, or Consignments, placed by a Customer
with the Carrier via phone, online portal, App or email.
“App” means a mobile application using telecommunication software licensed by the Company and
available to the Customer for the purpose of placing a booking. The telecommunications software my
include, but may not be limited to, voice telephony, cellular and wireless data, SMS and MMS messages.
“Conditions” means the conditions of carriage which shall be applicable to the contract of carriage between
the Customer and the Carrier.
“Consignee” means the Individual or Company to whom the Carrier delivers the Consignment.
“Consignment" means goods in bulk or contained in one parcel, package, container, or envelope or any
separate number of packages, containers, parcels or envelopes sent at one time in one load by or for the
Customer from one address to another address. For the avoidance of doubt, the expression "goods" shall
include papers and documents, other than those expressly excluded in these Terms and Conditions.
“Dangerous Goods” means any goods categorised and listed as dangerous in the European Agreement
concerning the International Carriage of Dangerous Goods by Road (ADR) 1957 effective 1968.
“Excluded Goods” means goods which may be carried and insured by the Carrier further to clause 10.2
which may include, prescription drugs, watches, precious stones, liquids, precious metals, jewellery, glass,
furs, China, art, antiques,, money, bank, credit, pre-pay or other store cards with a cash equivalent value,
spirits, tobacco and cigarettes, firearms, munitions, inflammable items or other explosives (other than those
covered by Small Loads ADR) livestock or other animals, human remains (other than HTA transits) and
any other goods which the Carrier may consider to be valuable or above normal risk. The carriage of
Excluded Goods will attract conditions and/or charges relative with their risk.
“Online” means Bookings made by the Customer via the online portal of website: https://www.closer2.co.uk
“Personal Data” has the meaning given to it in the Data Protection Legislation.
“Prohibited Items” shall have the meaning ascribed to it in clause 14.2.
“Website” means the Carrier’s website https://www.closer2.co.uk
“Working Day” means any weekday excluding public or bank holidays in England.
2. General
2.1 The Carrier provides a comprehensive Consignment service to the Customer, such service may
include but is not limited to the carriage of Consignments, tracking, and reporting of deliveries via its
online portal and App. Within the service provision the Carrier reserves the right, in addition to
employees, to engage an agent or subcontractor to fulfil the carriage element of the service.
2.2 The Carrier is not a common carrier and accepts at its sole discretion consignments for carriage only
subject only to these Conditions. Except for anything which may be agreed in writing by a Director of
the Carrier, no employee, agent or subcontractor of the Carrier is permitted to materially alter or vary
any of these terms and Conditions.
2.3 The Customer confirms that either they are the owner of the all the goods in any Consignment, or that
if they are not the owner then that they are authorised by the owner of the goods in the consignment
to accept these Terms and Conditions on the owner's behalf.
2.4 The Carrier and any other agent, employee or subcontractor of any carrier employed by the Carrier,
may employ the services of any other carrier to fulfil any booking in whole or in part and the name of
every such other carrier can be provided to the Customer upon request.
3. Dangerous Goods
All Dangerous Goods, as defined by the Accord Dangereux Routier (ADR) must be disclosed in advance
by the Customer and if the carrier then agrees to accept the goods for carriage they must be classified,
packed and labelled in accordance with the statutory regulations for the carriage by road of those declared
goods. Further a Material Data Safety Sheet, or MSDS, must be provided to the carrier in advance.
4. Delivery
4.1 It is the responsibility of the Customer to ensure that the Consignment is properly packed, labelled in
accordance with best practice and secure. Furthermore, it is the Customer’s responsibility to ensure
that the consignment is fit and safe to be carried, stored, and transported by road.
4.2 The Carrier will employ all reasonable endeavours to collect and deliver the Consignment within the
times estimated for collection and delivery by the Carrier when confirming a Booking, but unless
otherwise agreed these are to be treated purely as guidelines and are not guaranteed.
4.3 The Carrier shall deliver Consignments via whichever route it chooses.
5. Consignment
5.1 Bookings may be placed by the Customer with the Carrier via telephone, by email to
bookings@closer2.co.uk or using the Online platform at https://www.closer2.co.uk.
5.2 The Carrier will provide the Customer with a price quotation for the carriage of the Consignment of all
proposed bookings and such quotation will be valid for a period of 14 days. All Bookings are subject
to acceptance by the Carrier and the Carrier reserves the right not to accept any Bookings without
being required to provide a reason. All Bookings are subject to and wholly governed by these
Conditions. All bookings shall be identified and treated as a separate and independent contract and
the Carrier reserves the right to reasonably amend any Booking at any time upon notice to the
Customer.
5.3 The contract between the Customer and Carrier in respect of a Booking (the “Contract”) will only be
formed at the point that at which the Carrier confirms acceptance of the Booking. For the avoidance of
doubt, Customers should be aware that confirmation of the booking is only guaranteed when the
booking is placed by telephone. Bookings placed by any other means are not guaranteed to be
accepted.
5.4 Additional charges may be levied by the Carrier, and the Customer will pay such charges in
accordance with clause 9 below, in the event of, but not limited to, of any waiting time, loading and
unloading time being incurred. Charges may also be applied in the case that the Carrier is prevented
from performing its obligations by acts and/or omissions of the Customer or consignee.
5.5 Unless agreed otherwise with the Carrier, the Consignment shall only be delivered to the address
specified by the Customer at the time of Booking and the Carrier reserves its right to vary its charges
by notice to the Customer following any variation of the delivery address by the Customer.
5.6 All quotations for the Carrier’s charges are calculated in accordance with the time and length of the
journey and vary depending on which vehicle is required to transport the item or items listed in the
Booking.
6. Consignment Notes
6.1 The Carrier shall, if requested by the Customer, sign a document prepared by the Customer
acknowledging receipt of the Consignment. However, such document shall not be deemed evidence
of the condition, declared nature, quantity or weight of the Consignment at the time it is received by
the Carrier.
6.2 In the circumstance where a Customer notifies the Carrier prior to the delivery (or attempted delivery)
of the Consignment, that the Carrier need not provide a signature as proof of delivery of the
Consignment to the Customer, the Carrier shall, as such, be under no obligation to provide the
Customer with a signature as proof of delivery, and the Customer shall be deemed to have waived any
and all claims it may have in respect of the final delivery of the Consignment to the Consignee. Further,
in the case of a Customer notifying the Carrier that proof of delivery is not required, then the Carrier
shall not be liable to the Customer if it is later claimed by the Consignee that the Consignment has not
been delivered.
6.3 Subject to clause 5.2, the Carrier shall, at the point of delivery, require written acknowledgment of the
Consignment and should the Carrier be unable to obtain such acknowledgment, the Carrier shall be
deemed to have been unable to effect delivery for the purposes of clause 7.3. At the point of delivery
written acknowledgment shall be treated as conclusive evidence of proper delivery.
7. Transit
7.1 Transit commences at the moment the Carrier takes possession of the Consignment, whether this is
at the Customer’s location or at another point of collection requested by the Customer.
7.2 Transit shall be deemed to have ended at the time the Consignment is tendered at the Consignee’s
address by the Carrier, unless otherwise agreed at the time of booking. The consignees address being
the address provided by the Customer at the time of Booking.
7.3 Where a Consignment cannot, for whatever reason, be delivered, or is held by the Carrier awaiting
further instructions from the Customer, and such instructions are either (i) not given or (ii) the
Consignment is not collected within two working days of notice being given to the Customer or such
other time as the Carrier may nominate - then transit shall be judged to end at the expiry of such time.
7.4 Where a delivery has been unsuccessful due to incomplete, incorrect or inadequate information
provided by the Customer, then The Carrier shall be entitled to recover its charges incurred in full for
any delivery. The carrier will also be entitled to recover any expenses incurred in attempting delivery
and for any revised or additional delivery instructions.
7.5 The Customer accepts that the Carrier shall be entitled to open and examine any Consignment that
the Carrier considers to be a security or health and safety risk and to take, at its sole discretion,
appropriate action should these concerns be realised.
8. Undelivered / Unclaimed Goods
8.1 In the event of the Carrier being unable to affect a delivery for a Customer, or at the point when transit
has ended, the Carrier shall utilise its best efforts to contact the Customer (or the Consignee, or both)
to make the Customer aware of any undelivered or unclaimed Consignment. In such circumstance
whereby a Consignment is returned to the Customer by the Carrier or a Customer arranges for the
onward carriage and delivery of the Consignment by the Carrier (excluding any return to the
Customer), then the full costs of the return, and all associated costs as may become payable, shall be
charged to the Customer at the Carrier’s standard rates.
8.2 Where the Carrier employs a third party to undertake the delivery of the Consignment as pursuant to
clause 7.1, the Carrier will always use its best efforts to negotiate a fair price for the Consignment and
shall apply the balance of sale to the payment of all its reasonable expenses and charges incurredwith
regard to the sale, storage, disposal or carriage of the Consignment. Where the Carrier is unable
for any reason to deliver a Consignment to the Consignee and at such point as detailed in clause 7.2
transit is deemed to be at an end, the Carrier may sell the goods comprising the Consignment. In such
an instance and where there is a positive final financial balance, any such balance shall be paid to the
Customer at which juncture the Carrier shall be fully discharged from any and all liability in respect of
the Consignment. Conversely, in the event that the proceeds of sale neither meet nor exceed the total
cost of the Carrier’s expenses and charges, the Carrier shall charge the Customer (and the Customer
shall pay) an amount equal to the shortfall between the costs and proceeds.
9. Carrier's Charges
9.1 The Carrier's charges shall be calculated using the current tariff in force at the time of the consignment
being accepted from the Customer by the Carrier. Invoices will be prepared and submitted by the
Carrier to the Customer weekly or monthly. The Carrier reserves the right to withdraw credit facilities
at its discretion at any time, and in this event the balance outstanding shall become due immediately
on demand.
9.2 The Carrier's charges shall be payable by the Customer within the agreed payment terms without
prejudice to the Carrier's rights against the Consignee or any other person.
9.3 If payment of any Invoice is not received by the due date stated on: the Invoice and / or Statement of
Account, the Carrier shall be entitled to charge interest on the amount unpaid at the rate of 4.5% above
the base rate of the Bank of England until payment is made in full. When payment is not made by the
due date, the Customer shall indemnify the Carrier for any costs and/or expenses it may suffer or incur
in recovering the sum due, including reasonable legal fees and costs of collection.
9.4 Unless expressly stated otherwise, all charges quoted by the Carrier or any of it’s employees or
representatives, are exclusive of Value Added Tax.
9.5 Amounts due to the Carrier shall be paid without deduction, and the Customer shall not withhold or
defer any payment on account of any claim or counterclaim and acknowledges that any such claim or
counterclaim whatsoever by the Customer against the Carrier must be subject to separate
proceedings.
9.6 Any queries in respect of any charge or aspect contained within an invoice must be made in writing
within 7 days of the date of the invoice otherwise it will be deemed to have been accepted and will be
payable in full by the Customer.
10. Liability for Loss and Damage
10.1 The Customer shall be treated as having chosen to accept the Terms set out in paragraphs 10.2 and
10.3 below unless, in advance of the commencement of the Transit, the Customer has agreed, whether
in written or electronic form, that the Carrier shall not be liable for any loss, mis-delivery or damage to
the Consignment regardless of how or when such loss, mis-delivery or damage is caused, and
furthermore regardless of whether or whether not such loss, mis-delivery or damage is caused or
contributed to directly or indirectly by any act, omission, neglect, default or other oversight, lack of due
diligence or fault on the part of the Carrier.
10.2 Except where the Customer has made specific arrangements for Insurance with the Carrier prior to
commencement of transit of the Consignment, the Carrier shall not be liable for any loss, misdelivery
or damage to cash money, jewellery, precious stones, securities, deeds, documents of title to property,
gold, silver, platinum and other precious metals, antiques, watches, electronic equipment, drugs,
human remains, nuclear fuel or nuclear waste, spirits, brittle/fragile/ breakable articles or livestock and
the Customer shall indemnify and hold harmless the Carrier in respect of any loss or damage caused
in respect thereof to any person whatsoever. Furthermore, the Carrier shall not, under any
circumstances carry any passengers.
10.3 The Carrier shall not be liable for any loss, damage or misdelivery caused by any unforeseen
circumstances or events which may in law be deemed to fall outside the Carrier’s reasonable control.
Such events may include but are not limited to: Act of God, War, Riot, Marine event, Malicious damage,
Fire, Flood, storm or Accident, Industrial Action, Inappropriate, insufficient or improper packaging,
labelling or addressing, unless it is previously agreed in writing that the Carrier shall perform such task
on behalf of the client, such agreement to be made in hand written or electronically written form.
11. Data Protection
11.1 The Customer, in using the Carrier’s services, is treated as having obtained all consents and issued
any notices necessary to facilitate the Carrier in the course of its activities, to lawfully process any
Personal Data (which includes but is not limited to, delivery and contact data) necessarily provided by
the Customer to the Carrier to enable the Carrier to perform its obligations with regards to the
undertaking of Bookings.
11.2 Both parties, the Customer and the Carrier, agree the following:
11.2.1 The Carrier is identified as a data processor in the context of any delivery and contact
information provided by the Customer to the Carrier. The Carrier agrees and commits to
processing this information in accordance with all applicable Data Protection Legislation in
force (save for any loss, damage or misdelivery caused as a direct consequence of a breach
of the Customer’s obligations in clause 11.1)
11.2.2 The Carrier confirms that it neither has access to, nor processes the contents, of any
Consignment. As such, the Carrier is legally neither a processor nor a controller of any
Personal Data which forms any element, component or part of the contents of any
Consignment booked by the Customer. Furthermore, the sole responsibility of determining
whether the services provided by the Carrier to the Customer are appropriate for the Transfer
of any data (including Personal Data) included in any Consignment rests entirely with the
Customer.
11.3 The Customer hereby indemnifies the Carrier against all losses (including, but not limited to, damages,
fines, liabilities, costs and expenses,) incurred by the Carrier as a result of provision of the services,
and which are suffered or incurred as a direct consequence or in connection with the Customer’s failure
to select suitable services for the Transfer of any Data (including Personal Data) included within, or
part of, any Consignment.
12. Limitation of Liability
12.1 Neither the Carrier nor the Customer, notwithstanding any other clause of these Terms and Conditions,
excludes or limits liability for personal injury or death resulting from the negligence or wilful default of
either the Carrier or the Customer, its servants, dealers or sub-contractors. This clause extends to any
act of fraudulent misrepresentation, or to any other type of liability which cannot be excluded by law.
12.2 With the exception of liabilities provided for within these Conditions, the maximum liability of the
Carrier which arises as a consequence or as a result of these Conditions, and furthermore is related
solely in respect of any contract from a Booking is detailed in Clause 12.5.
12.3 Subject to clause 12.1, the Carrier shall not be liable to the Customer, whether in contract, or by statute,
for any loss of profits or revenue (whether such revenue and/ or profits were direct or indirect revenue
and / or profits) nor shall the Carrier be liable for any direct, indirect, incidental or consequential loss
or damage suffered by the Customer regardless of how such direct, indirect, incidental or
consequential loss or damage was caused including, although for the avoidance of doubt, without
limitation in the event of loss caused by delayed delivery, lost business, reputational damage, loss of
or damage to any data included in consignments.
12.4 The Customer shall notify the Carrier at the time of Booking of the value of the Consignment in
accordance with the notification requirements set out in the tables below. The declared value shall be
the present intrinsic value of the consignment and not replacement cost or new for old. For commercial
senders the value shall be the wholesale value or manufacturing cost and not the retail cost subject to
the first condition above.
12.5 Subject to clause 12.2, the Carrier’s total aggregate liability to a Customer in respect of a Consignment
shall be a maximum of £10,000 regardless of whether the consignment was in transit on a bike, cargo
bike or van.
13. Indemnity to the Carrier
13.1 The Customer shall indemnify the Carrier against:
13.1.1 All consequences suffered by the Carrier (including but not limited to claims, demands,
proceedings, fines, penalties, damages, costs, expenses and loss of or damage to the carrying
vehicle and to other goods carried) of any error, omission, misstatement or misrepresentation
by the Customer or other owner of the Consignment or by any servant or agent of either of
them, insufficient or improper packaging, labelling or addressing of the Consignment or fraud;
13.1.2 All claims and demands whatsoever by whomsoever made in excess of the liability of the
Carrier under these Terms and Conditions;
13.1.3 All losses suffered by and claims made against the Carrier resulting from loss of or damage to
property caused by or arising out of the carriage by the Carrier of Dangerous Goods whether
or not declared by the Customer as such;
14. Prohibited Items
14.1 The Customer commits that it shall not, knowingly or unknowingly, submit for carriage any
Consignment which, in part of whole, contains any materials which fall under the definition of being
obscene, defamatory, blasphemous or scandalous, and the Carrier reserves it’s right, without liability,
to reject any such carriage and at any time provided it gives notice to the Customer.
14.2 The customer commits that it will not, knowingly or unknowingly, submit for carriage any item
(including, without limitation, drugs or other illegal substances) which are prohibited or illegal to
possess. Should the Customer submit Prohibited Items as a Consignment the Customer shall
indemnify and keep the Carrier indemnified against any and all losses, damages, claims, liabilities,
costs and expenses (including, without limitation, legal costs and expenses) suffered or incurred by
the Carrier arising out of, or in connection with, the carriage of the Consignment comprising such
Prohibited Items in whole or in part.
15. Cancellation Policy
15.1 Without prejudice, the Carrier and Customer shall each be entitled to cancel a Booking and terminate
the Contracted booking at any time, without being required to provide a reason, with immediate effect
by notice to the other.
15.2 In a circumstance where the Carrier cancels a Booking as detailed in clause 15.1 and in the event that
this cancellation is caused by reason of a breach of these Conditions by the Customer, the Carrier
may charge a fair fee commensurate with the time and effort incurred by the Carrier in connection with
that Booking, and the Customer shall pay the full value of the charges specified by the Carrier in
accordance with clause 15.1.
15.3 Should a customer request to cancel a booking already in progress at the time of the request, the
Customer shall be liable to the Carrier for the Carrier’s charges up to the point of cancellation and also
for revised instructions for the carriage of the Consignment.
16. closer2 Website
16.1 Before placing any booking on https://www.closer2.co.uk the customer accepts that it is their
responsibility to satisfy itself that any Booking made Online will be suitable for its requirements. All
express or implied warranties in relation to the Website are hereby excluded to the fullest extent
permitted by law.
16.2 Whilst as part of best practise the Carrier commits to make every reasonable effort to exclude any
repel all malicious viruses/attacks from the Website, it cannot guarantee that it will always remain virus
free. Therefore, the Customer understands and agrees that any and all use of the closer2 website by
the customer shall be at its own risk.
17. Additional Terms and Conditions
17.1 The Carrier asserts at its absolute discretion it’s right to subcontract in whole or in part the undertaking
of any or all of its obligations under these Conditions but equally accepts its responsibility for their
execution. The Customer shall not assign, subcontract or otherwise dispose of, or deal with, any or all
of its rights and obligations under these Conditions without the prior written consent of the Carrier.
17.2 The waiver of either party of any breach of these Conditions will not prevent the subsequent
enforcement of that term and will not be deemed a waiver of any subsequent breach.
17.3 Should any clause or provision of any of these Terms and Conditions of Business, whether in part of
whole, be deemed to be invalid or unenforceable by any court or competent authority, then the validity
of the remainder of these Terms and Conditions of Business and of any clause or provision shall
continue in full force and effect.
17.4 These Terms and Conditions of Business, and any and all the documents referred to in them, constitute
the entire agreement between the Carrier and Customer. There Terms and Conditions supersede all
prior agreements, representations and understandings relating to the subject matter of the Contract.
The Customer represents and undertakes that in entering into a Contract in accordance with these
Conditions the Customer does not rely on, and shall have no remedy in respect of, any statement,
representation, warranty or undertaking (whether negligently or innocently made) of any person other
than as expressly set out in these Conditions. Nothing in these Conditions shall limit either party’s
liability in respect of fraudulent misrepresentation.
17.5 These Conditions (together with and any non-contractual claims) shall be subject to and construed in
accordance with English law, and the parties submit to the exclusive jurisdiction of the English courts.
17.6 Telephone calls to and from the Carrier may be recorded and monitored.
Copyright 2024 Next Tech Logistics (Trading as Closer2 ) Limited. Registered in England
Company number 15413003 VAT Registration No. 459 6588 25 GB.