1. PARTIES AND INTERPRETATION
These Conditions set out the basis on which T&S Enterprise UK LTD (trading as “T&S Enterprise UK LTD”, “Love Beer” or “KegSync”), whose registered office is at T&S UK, Cragside House, Heaton Road, Newcastle upon Tyne, NE6 1SE (“T&S”), transports goods collected from a single address under a single reference number for delivery to a single address (“Consignment”), to be delivered to a recipient or any other person at the delivery address (“Consignee”). The customer defined in the service agreement (“Customer”) should note the limitations and exclusions of T&S’s liability and arrange insurance as necessary. Terms like “including” and “in particular” are illustrative and not exhaustive.
2. FORMATION OF CONTRACT
The contract between the Customer and T&S comprises the Service Agreement, the relevant Service Guide, these Conditions, any Annexures, and other referenced documents (the “Contract”). The Contract is formed when the Service Agreement is signed by both parties and starts on the identified commencement date. In case of conflict, the Service Agreement shall take precedence, followed by the Service Guide, Annexures, other documents, and finally these Conditions. T&S only accepts Consignments under the terms of this Contract.
3. CUSTOMER’S OBLIGATIONS
The Customer must ensure that:
(i) Consignments meet the Service Agreement and Service Guide requirements;
(ii) No Excluded Goods (as defined in the Service Guide) are sent without written agreement from T&S;
(iii) Packaging and labelling conform to T&S’s packaging requirements;
(iv) Address and postcode details are accurate;
(v) Weights are correctly provided;
(vi) Age-related legal obligations are met;
(vii) Proper loading is carried out using the Customer’s equipment and staff;
(viii) It owns or is authorised to send the Consignment.
3.1 DEPOT SELECTION AND DROP-OFF RESPONSIBILITY
It is the Customer’s sole responsibility to ensure that:
(i) The correct drop-off depot is selected when arranging a Consignment; and
(ii) All drop-off times provided by T&S are strictly adhered to.
T&S shall not be held liable for any delays, missed deliveries, failed collections, or other consequences resulting from the Customer’s failure to use the correct depot or comply with stated drop-off times.
4. THE SERVICES
4.1 T&S shall use reasonable endeavours to provide the services as per the Service Agreement (“Services”), including delivery timescales.
4.2 T&S may refuse to accept any inadequately packaged or non-compliant Consignment. Inspection and refusal may occur at T&S’s discretion.
4.3 Risk in the Consignment passes to T&S from the collection point (as per the Service Guide) until delivery is completed.
4.4 The Customer must ensure delivery access upon T&S’s arrival. Any delivery beyond this point is at the Customer’s sole risk.
4.5 Delivery is deemed complete when control of the Consignment passes to the Consignee. For residential addresses, delivery to neighbouring premises may constitute completion.
4.6 Time is not of the essence. Delivery days are working days unless otherwise agreed.
4.7 T&S may pass a Consignment to authorities if legally required.
4.8 Property supplied by T&S for service use remains T&S’s property unless agreed otherwise and must be returned upon request.
5. UNDELIVERED CONSIGNMENTS
5.1 If delivery fails due to Customer or Consignee action or Force Majeure, delivery shall still be deemed complete for reporting.
5.2 For late deliveries, subject to notification within 7 days of invoice, T&S may reduce charges or offer a 10% discount as the exclusive remedy.
5.3 Redelivery attempts will be made as per the Service Guide.
6. CHARGES & PAYMENT
6.1 Charges are subject to VAT.
6.2 T&S may adjust the tariff with written notice.
6.3 Additional supplements (e.g., fuel surcharge) may apply.
6.4 Charges may be based on volumetric rather than actual weight.
6.5 The Customer shall reimburse costs like customs or duty paid by T&S.
6.6 Invoice queries must be raised within 7 days.
6.7 Set-offs or counterclaims by the Customer are not permitted.
7. CLAIMS AND CLAIMS PROCEDURE
T&S is not liable for loss or damage unless the Customer follows the claims procedure in the Service Guide.
8. LIMITATIONS OF LIABILITY
8.1 No liability for damage to residential or rapid delivery Consignments.
8.2 T&S will not be liable for the first £50 of any claim.
8.3 T&S’s maximum liability per Consignment is £10,000, subject to service-specific per-kilo limits (as detailed in the Service Guide).
8.4 DocPak or NightPak Consignments are limited to £150 per satchel.
8.5 T&S shall not be liable where loss or damage is due to:
- Customer or Consignee breach
- Natural deterioration
- Non-approved Excluded Goods
- Delivery recorded as complete
- Refusal to accept delivery
- Misrepresentation by a third party
- Return of lost Consignments
8.6 No liability during Force Majeure events (e.g., weather, strikes, pandemics).
8.7 No liability for indirect or consequential losses, including loss of profits, data, reputation, or production.
8.8 Total aggregate liability per year is capped at the lower of £30,000 or total Charges paid that year.
8.9 Nothing limits liability that cannot legally be excluded.
8.10 All liability references are inclusive of contract, tort, or statutory breaches.
9. INDEMNITIES
The Customer shall indemnify T&S against any loss, damages, or costs arising from:
(i) Consignee’s actions;
(ii) Third-party claims;
(iii) Legal breaches;
(iv) Customer’s negligence or breach.
10. TERMINATION
10.1 Either party may terminate or suspend the Contract if:
(i) There is a material breach that remains unresolved for 30 days following written notice (served within 14 days of the breach); or
(ii) The other becomes insolvent, enters administration, or similar.
T&S may terminate on 7 days’ notice for any reason.
10.2 Outstanding charges may be invoiced up to 12 months post-termination.
11. DATA PROTECTION
The Data Protection Annex applies. T&S shall act as Data Processor and the Customer as Data Controller. Parties agree to comply with legal changes requiring new agreements.
12. GENERAL
12.1 T&S may subcontract the Services. The Customer may not assign the Contract without written consent.
12.2 Notices must be in writing. Email notices to T&S must be sent to [insert legal email], or by post to the registered address.
12.3 Invalid provisions shall be severed without affecting the remainder.
12.4 No third party (except T&S Group members and contractors) may enforce these terms.
12.5 The Contract constitutes the full agreement. No reliance is made on prior representations.
12.6 Waivers must be in writing.
12.7 T&S may vary these Conditions by written notice. Changes take effect from the next calendar month.
12.8 All information received in connection with this Contract is confidential. Disclosure is permitted only if required by law, already public, or already lawfully known.