Terms and conditions for a haulage company

A haulier carries goods of unknown value, packed by someone else, to sites where the driver waits, on a contract made by phone. The conditions of carriage have to limit liability by weight unless a higher value is declared, make the consignor responsible for packing and description, charge waiting time, deal with dangerous goods, and secure the charges on the goods. I draft those conditions for a fixed fee of £995, delivered in five working days.

Who this is for

Road haulage companies, transport operators, pallet network members and owner-drivers in England and Wales, licensed under the Goods Vehicles (Licensing of Operators) Act 1995, carrying goods for business customers under their own conditions of carriage, on general and contract work. International journeys are governed by the CMR Convention under the Carriage of Goods by Road Act 1965, whose liability limits cannot be reduced by contract. These are business-to-business conditions.

What matters in conditions of carriage

Liability limits and declared value

The conditions should limit the carrier's liability for loss or damage to a stated amount per tonne of the goods concerned, in line with the industry's standard conditions, unless the customer declares a higher value in writing before carriage and pays the additional charge, and should say that the limit is a reasonable allocation of risk under the Unfair Contract Terms Act 1977 because the customer can insure or declare. Consequential loss should be excluded, and the conditions should say that the carrier's insurance is not cargo insurance for the customer.

The consignor's obligations

The customer must describe the goods accurately, pack and label them for carriage, declare dangerous goods with the documentation the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 require, and provide correct addresses and delivery instructions, and the conditions should say that loss or damage caused by a failure to do so is the customer's, including damage to the vehicle and other consignments. Overloading and wrong weights are the customer's risk.

Loading, unloading and waiting time

The conditions should say who loads and unloads (the consignor and consignee unless the carrier agrees otherwise), that the driver's assistance is at the customer's risk, that a stated period of waiting at collection and delivery is included with waiting beyond it charged at a stated rate, and that failed deliveries caused by the consignee are charged and the goods returned or stored at the customer's cost. Drivers' hours are limited by the assimilated Regulation (EC) No 561/2006 and the Transport Act 1968, and the conditions should say that schedules are subject to them.

Delivery, signatures and claims

Delivery is complete on handover to the consignee or as instructed, with a signature or electronic proof of delivery as evidence, and the conditions should say that a clean signature is evidence of delivery in apparent good condition. Claims for loss or damage must be notified within a stated short period and brought within a stated time, and the conditions should say that late claims are barred, because the standard conditions across the industry do the same.

Charges, liens, subcontracting and fuel

Charges are invoiced with interest and fixed compensation on late payment under the Late Payment of Commercial Debts (Interest) Act 1998, with a lien over goods for all sums due and a right to sell after notice. The conditions should allow subcontracting to other carriers on the same conditions, provide for a fuel surcharge mechanism, and say that title to the goods is not the carrier's concern except for the lien. Where goods are not collected or cannot be delivered, the conditions should set the storage and disposal process.

What it costs

Customer or supplier terms and conditions, £995. One set of terms, customer-facing or supplier-facing, drafted for your business. Five working days.

Review of your existing terms, £495. You already have terms and want them checked and brought up to date. Returned marked up with my amendments and an explanation of the changes. Three working days.

Email me at geoffrey@caesar.co.uk with what you need and any documents, and I will confirm the scope and the fee in writing, usually the same working day.

What you get

• A full set of bespoke terms drafted for your business, reflecting the legal requirements that apply to your business and sector
• A note in plain English explaining the terms I have drafted for you
• Liability, payment, termination and IP provisions that protect your position and are drafted to withstand scrutiny from the other side
• Guidance on how to incorporate the terms properly
• Your questions and comments answered by email or phone
• One round of amendments to finalise the terms ready for use

What is not included

• Negotiating your terms with individual customers (I am happy to quote for this as an additional service if required)
• Sector-specific regulatory compliance beyond the contract terms themselves
• Website privacy notice and cookie compliance, which I quote separately
• Terms governed by the law of another country
• Tax advice

Questions I am often asked

We damaged a pallet worth thousands. What do we pay?

The amount produced by the per-tonne limit in your conditions, unless the customer declared a higher value and paid for it. That is the standard allocation across the industry, and the conditions should say why it is reasonable.

Our driver waited four hours at a distribution centre. Can we charge?

If the conditions include a stated waiting period and a rate beyond it, yes. Record the times on the delivery note and have them signed where possible.

The consignee signed clean and then claimed damage a week later. Where do we stand?

If the conditions say a clean signature is evidence of delivery in apparent good condition and require damage to be notified within a stated period, the claim is weak. Photographs at delivery help where you can take them.

Related guidance and services

• Terms and conditions drafting, £995, the service this page describes
• Contract review, £495
• Terms and conditions for a freight forwarder
• Terms and conditions for a courier and same-day delivery business

This page is general guidance for businesses in England and Wales, not advice on your own circumstances. Last reviewed: September 2026. Email geoffrey@caesar.co.uk.