HubXpert Terms & Conditions

1. Introduction

1.1 HubXpert is a registered trading name of D&AGF Limited.
Registered Company Number: 06148322
Registered Office: Unit 11a, iPark Innovation Drive, Hull, HU5 1SG, UK

1.2 These are the terms and conditions upon which we do business with Clients.

2. Definitions

2.1 "Company" refers to HubXpert, the trading name of D&AGF Limited.

2.2 "Client" refers to the individual or entity using our fulfilment services.

2.3 "Goods" refers to the products stored and handled by the Company on behalf of the Client.

3. Company’s Obligations

3.1 HubXpert will provide its services with reasonable skill and care.

3.2 In the case of bulk Goods, the Company may deal with and/or mix similar goods consigned by or for the Client without distinguishing between consignments unless agreed otherwise.

3.3 For carriage, HubXpert's responsibility for the Goods starts when loading on the vehicle is complete and ends when the Goods are tendered for unloading.

3.4 For storage and processing, the responsibility starts when the Goods are accepted into storage and ends when they are tendered for collection.

3.5 HubXpert's duty is to the Client only, and not to any third party. Any advice given is for the Client only and cannot be relied on by any other party.

3.6 For the purposes of the Fulfilment House Due Diligence Scheme and other matters relating to tax, excise, customs, or duties, the Company acts as the direct representative of the Client unless otherwise agreed in writing.

4. Client’s Obligations

4.1 Ensure that the Goods are properly insured. HubXpert does not insure Goods or underwrite their value.

4.2 Is responsible for providing accurate and complete information about the Goods and any special handling requirements.

4.3 The Client cannot transfer ownership of goods stored with the Company to another person without the Company's prior written consent.

4.4 Own the goods or have the owner's permission.

4.5 Ensure the goods are properly packed and safe to handle.

4.6 Pay any additional charges or taxes related to the goods.

4.7 Guarantee that the goods are not hazardous or illegal to handle.

4.8 Comply with the company's handling and storage requirements.

4.9 Indemnify the company for any losses caused by the customer's actions or failures.

5. Limitation of Liability

5.1 HubXpert's liability is limited to the direct loss or damage to Goods while in its custody, subject to specific exclusions and limits.

5.2 The Company is not liable for any consequential or indirect losses.

6. Subcontracting and Liability

6.1 The Company may subcontract all or part of its obligations on reasonable or industry standard terms. If it does so, these Conditions will continue to apply between the Company and the Customer. However, the Company must obtain the Customer's consent before subcontracting storage, unless urgent, and will inform the Customer of the storage location if requested.

6.2 No party involved in this contract may claim compensation from any other party involved in the contract for any loss suffered.

6.3 If a party involved in this contract (an "Interested Party") pays compensation to another involved party (an "Additional Party") due to a loss, the Interested Party must fully compensate the Company for any claim the Additional Party makes against the Company for that compensation. This compensation will cover all costs and expenses incurred by the Company, and will apply if the total amount paid or owed by the Company to all Interested Parties exceeds the agreed limit for that loss.

7. Summary of Charges

7.1 The Company can adjust its charges, including increasing them with prior notice. If the client disagrees with an increase, they must remove their goods within 21 days. The Company can charge for storing goods while in their care.

7.2 The client must pay fees for delays in loading or unloading, as well as for refused deliveries.

7.3 Payments are due as agreed or when overdue, without deductions. The Company can charge interest on late payments.

7.4 The Company has the right to keep the goods until all payments are made. This right continues even if the goods are sold to someone else. The Company can charge for storing goods held under this right.

8. Removal and Disposal of Goods

8.1 The client is responsible for collecting their goods at the agreed time. However, the Company can request the goods be removed earlier with a specified notice period. This period is typically 14 days, but can be shorter for perishable items or urgent cases.

8.2 If the client fails to collect the goods or pay for them, the Company can stop providing services and notify the client that the goods will be sold. The Company can sell the goods after a specified notice period, usually 14 days for non-payment and with no minimum period for other reasons.

8.3 The Company will use the sale proceeds to cover its costs and any money owed. The client won't receive any money if the sale price is lower than the Company's costs. The Company can use any intellectual property or warranties related to the goods when selling them.

8.4 The Company can extend the notice periods if needed, and selling the goods does not end the contract unless the Company specifically states so. The Company can extend the notice periods if needed. Selling the goods does not end the contract unless the Company specifically states so.

9. Data

9.1 Both the Company and the Client will comply with all applicable data protection laws, including the General Data Protection Regulation, Data Protection Act 2018 and any other relevant data protection legislation.

9.2 Unless otherwise agreed in writing the Company will act as a data processor and the client as the data controller.

10. General

10.1 Force Majeure: The Company is not responsible for delays or failures to fulfil its obligations if caused by events beyond its control, such as natural disasters, government actions, or issues with equipment or labour.

10.2 Liability Limitations: Each exclusion or limitation of liability in these Conditions is separate and cumulative.

10.3 Delivery Acceptance: A signature on a delivery note by the Customer or their consignee serves as evidence that the Goods were received in good condition, except for any noted issues.

10.4 Inspection Rights: The Company reserves the right to open and inspect packaging or Goods Transport Units and their contents.

10.5 Valid methods: in-person delivery, first-class prepaid post, facsimile, or email.

10.6 Deemed received: 2 working days after posting (4 if sent abroad), or 1 working day after sending by fax or email (subject to transmission/delivery confirmation).

10.7 Written Communication: The term "Writing" includes email communications.

10.8 Rights Enforcement: A delay or failure to enforce rights does not constitute a waiver of those rights.

10.9 Inward TUPE Transfer: In the event of an Inward TUPE Transfer, the Customer will indemnify the Company against all liabilities and expenses related to: a) Employment or termination of employees before the Effective Time b) The Transferor's failure to comply with legal obligations towards employees c) Transfer of employment or terms of employment not previously agreed in writing d) Acts or omissions of the Transferor for which the Company becomes liable e) The Transferor's failure to comply with regulation 13 of TUPE

10.10 Outward TUPE Transfer: In the event of an Outward TUPE Transfer, the Customer will indemnify the Company against all liabilities and expenses related to the Transferee's failure to comply with its legal obligations, including those under regulation 13 of TUPE.

10.11 Applicable Law: All contracts between the Company and the Customer, as well as any claims related to the Goods, shall be governed by the laws of England.

10.12 Dispute Resolution: Any disputes arising from these contracts or claims shall be dealt with exclusively by the English courts.