Legal
CONDITIONS OF CARRIAGE, HAULAGE AND FREIGHT FORWARDING SERVICES
Pearl & Co Trading Ltd
Company Number: 16546597
Registered Office: Unit 14F Woodside, Thornwood, Epping, England CM16 6LJ
Version 1.0 – Effective October 2026
IMPORTANT NOTICE
These Conditions contain provisions which may limit our liability for loss, damage, mis-delivery or delay.
Our liability as a carrier, freight forwarder or transport coordinator may be substantially less than the full value of the goods being transported.
Unless we expressly agree otherwise in writing, customers are responsible for arranging appropriate insurance for the full value of their goods while in transit or storage.
Nothing in these Conditions excludes or restricts any legal rights which cannot lawfully be excluded or restricted, including the statutory rights of Consumers.
1. DEFINITIONS
In these Conditions:
“Pearl & Co”, “we”, “us” or “our” means Pearl & Co Trading Ltd.
“Customer” means the person, company, partnership or other organisation entering into the Contract with us.
“Business Customer” means a Customer acting wholly or mainly for purposes relating to its trade, business, craft or profession.
“Consumer” means an individual acting wholly or mainly outside their trade, business, craft or profession.
“Carrier Partner” means any independent courier, haulier, freight carrier, freight forwarder, warehouse operator, customs agent or other subcontractor used by us in connection with the Services.
“Consignee” means the person or organisation to whom a Consignment is to be delivered.
“Consignment” means any goods, items, packages, pallets, equipment, furniture, antiques, artwork, freight or other property which we agree to transport, arrange the transport of, store or otherwise handle.
“Contract” means the agreement between the Customer and Pearl & Co incorporating the Quote, Booking Confirmation and these Conditions.
“Quote” means our written quotation, estimate or price confirmation.
“Services” includes courier services, dedicated transport, specialist item transport, furniture transport, antique and fine-art transport, pallet delivery, haulage, part-load/LTL services, full-load/FTL services, European road freight, freight forwarding, transport coordination, storage and any associated service expressly agreed by us.
“Dangerous Goods” means goods classified as dangerous or hazardous under ADR or any applicable law, together with any substance or article which may pose a risk to persons, property, vehicles or the environment.
“CMR” means the Convention on the Contract for the International Carriage of Goods by Road and the legislation giving it effect.
“Demurrage” means charges arising from unreasonable or excessive detention of a vehicle, trailer, driver, container or other transport equipment.
“Working Day” means Monday to Friday excluding public holidays in England.
2. APPLICATION OF THESE CONDITIONS
2.1 These Conditions apply to all Services supplied by Pearl & Co unless we expressly agree different terms in writing.
2.2 A Contract is formed when we:
a. confirm a booking in writing;
b. accept the Customer's instructions;
c. allocate or instruct a vehicle or Carrier Partner; or
d. commence performance of the Services,
whichever occurs first.
2.3 By booking Services, the Customer confirms that they have had a reasonable opportunity to read these Conditions and agree to be bound by them.
2.4 Where there is an inconsistency, the following order of precedence applies:
a. any mandatory law or international convention;
b. specific written terms in our Booking Confirmation;
c. these Conditions;
d. where we expressly act as agent, the applicable Carrier Partner's conditions.
2.5 We are not a common carrier and may refuse to accept any Consignment at our discretion.
2.6 Nothing in these Conditions affects a Consumer's statutory rights.
3. OUR ROLE AND USE OF TRANSPORT PARTNERS
3.1 Pearl & Co operates using a combination of direct transport capability and a network of independent Carrier Partners.
3.2 Unless our Quote or Booking Confirmation expressly states that we are acting solely as an agent, Pearl & Co contracts with the Customer as the principal provider of the Services and may subcontract all or part of the physical carriage or associated services to one or more Carrier Partners.
3.3 Where our Booking Confirmation expressly states that Pearl & Co is providing an Agency Service, we act as the Customer's agent in arranging transport with a third-party carrier.
3.4 For an Agency Service:
a. the contract for physical carriage may be between the Customer and the relevant Carrier Partner;
b. the Carrier Partner's conditions may apply to the carriage;
c. we remain responsible for exercising reasonable care and skill in selecting and instructing the Carrier Partner; and
d. we are not responsible for an act or omission of the Carrier Partner except to the extent that liability arises from our own breach of duty.
3.5 We may subcontract Services without further consent from the Customer.
3.6 Carrier Partners may themselves use subcontractors where reasonably required to perform the Services.
3.7 We will take reasonable steps when appointing Carrier Partners to use operators who hold licences, permissions and insurance appropriate to the Services they are engaged to perform.
3.8 Upon reasonable request, we will identify the principal Carrier Partner used for a movement where it is reasonably practicable and lawful to do so.
4. CUSTOMER'S AUTHORITY
4.1 The Customer warrants that it:
a. owns the Consignment; or
b. has full authority from the owner and every person having an interest in the Consignment to enter into the Contract.
4.2 Where the Customer acts for another person, the Customer confirms that it has authority to accept these Conditions on that person's behalf.
4.3 The Customer will indemnify Pearl & Co against reasonable losses arising from a breach of this clause by a Business Customer.
5. CUSTOMER INFORMATION AND BOOKING DETAILS
5.1 The Customer must provide accurate and complete information reasonably required to quote for and perform the Services.
5.2 This includes, where relevant:
a. collection and delivery addresses;
b. contact details;
c. quantity of items or pallets;
d. dimensions;
e. gross weight;
f. description and nature of the goods;
g. declared value;
h. fragility or unusual handling requirements;
i. whether goods are stackable;
j. loading and unloading arrangements;
k. access restrictions;
l. customs status;
m. Dangerous Goods classification;
n. delivery deadlines; and
o. any other information material to the movement.
5.3 The Customer must not deliberately understate dimensions, weight, value or the nature of a Consignment.
5.4 If information supplied is inaccurate or incomplete, we may:
a. amend the price;
b. change the vehicle or service;
c. delay collection;
d. refuse the Consignment; or
e. recover reasonable additional costs caused by the incorrect information.
5.5 Any estimated vehicle requirement is based on information supplied by the Customer.
6. DANGEROUS, PROHIBITED AND SPECIAL GOODS
6.1 Dangerous Goods will only be accepted where:
a. their nature has been fully disclosed before booking;
b. we have expressly agreed in writing to accept them; and
c. all legal requirements relating to classification, packaging, marking, labelling and documentation have been satisfied.
6.2 The Customer is responsible for ensuring compliance with applicable ADR requirements unless we expressly agree otherwise in writing.
6.3 We may refuse goods which are illegal, unsafe or unsuitable for transport.
6.4 Unless expressly accepted in writing, we do not accept:
a. illegal or prohibited goods;
b. explosives;
c. radioactive material;
d. firearms or ammunition;
e. controlled drugs;
f. waste requiring licences or permits we or our Carrier Partner do not hold;
g. live animals;
h. cash, negotiable instruments or securities;
i. bullion or precious metals;
j. jewellery or loose precious stones; or
k. goods requiring controlled temperatures or specialist environmental conditions.
6.5 Antiques, fine art, collectables, furniture and other high-value or fragile items may be accepted where their nature and value are properly declared.
6.6 Failure to disclose the true nature of Dangerous or Special Goods entitles us to suspend or terminate the Services and recover any reasonable resulting costs.
6.7 Where undeclared goods create an immediate safety or legal risk, we may take such reasonable action as is necessary to protect persons, property and the environment.
7. PACKING, LABELLING AND CONDITION
7.1 Unless packing forms part of our expressly agreed Services, the Customer is responsible for ensuring the Consignment is adequately packed, protected, labelled and secured for the intended transport.
7.2 Packaging must be appropriate for the nature, weight and fragility of the goods and for the normal risks associated with the transport method selected.
7.3 We may refuse to carry inadequately packaged goods.
7.4 Acceptance of a Consignment does not constitute confirmation that its packaging is adequate.
7.5 Where Pearl & Co expressly agrees to provide packing or wrapping Services, we will perform those Services with reasonable care and skill.
7.6 Customers should photograph valuable or fragile items before collection and retain evidence of their pre-collection condition and value.
8. LOADING, UNLOADING AND ACCESS
8.1 Unless otherwise agreed in writing:
a. the Customer is responsible for loading at collection; and
b. the Consignee is responsible for unloading at delivery.
8.2 The Customer must ensure that appropriate people and equipment are available for loading and unloading.
8.3 Any forklift, crane, tail-lift, lifting accessory or other equipment supplied by the Customer or Consignee must be suitable, safe and legally compliant.
8.4 Where a driver or Carrier Partner voluntarily assists with loading or unloading, this does not transfer responsibility for unsafe premises, equipment or instructions to Pearl & Co.
8.5 The Customer must provide safe and suitable access for the vehicle requested.
8.6 The Customer is responsible for telling us in advance about:
a. weight restrictions;
b. height restrictions;
c. narrow access;
d. unmade roads;
e. restricted loading areas;
f. congestion or clean-air restrictions;
g. security procedures; and
h. any other relevant access issue.
8.7 Additional waiting time, redelivery, vehicle changes or aborted journeys caused by unsuitable access may be charged to the Customer.
9. COLLECTION, TRANSIT AND DELIVERY
9.1 Unless otherwise agreed, transit begins when the Consignment is taken into the custody of Pearl & Co or the relevant Carrier Partner for the purpose of the Contract.
9.2 Transit ends when:
a. the Consignment is delivered to the agreed delivery point;
b. it is accepted by the Consignee or another person reasonably appearing authorised to receive it;
c. it is left at a place expressly authorised by the Customer; or
d. where delivery cannot reasonably be completed, it is placed into storage or otherwise dealt with under clause 13.
9.3 We may obtain proof of delivery by:
a. signature;
b. electronic record;
c. photograph;
d. GPS/location data;
e. carrier tracking record; or
f. other reasonable evidence.
9.4 Estimated collection and delivery times are not guaranteed unless the Booking Confirmation expressly describes the service as guaranteed or time-critical.
9.5 We will nevertheless perform Services with reasonable care and skill and within any legally required or expressly agreed timeframe.
9.6 The Customer must notify us as soon as reasonably practicable if a Consignment has not arrived when expected.
10. INTERNATIONAL AND EUROPEAN ROAD FREIGHT
10.1 Where CMR applies to an international road movement, its mandatory provisions take precedence over any inconsistent provision of these Conditions.
10.2 The Customer must supply all information and documentation reasonably required for international transport.
10.3 Unless expressly included in the Quote, the Customer is responsible for:
a. EORI registration;
b. commodity classification;
c. export and import declarations;
d. licences and permits relating to the goods;
e. commercial invoices;
f. certificates of origin;
g. customs duties;
h. import VAT;
i. sanctions and export-control compliance; and
j. other customs obligations attaching to the goods.
10.4 We may prepare or arrange CMR documentation and customs services where expressly agreed.
10.5 Where we arrange customs clearance through another provider, that provider may act directly for the Customer and its own terms may apply.
10.6 The Customer warrants that all international documentation and information supplied is complete and accurate.
10.7 We are not responsible for border, customs or regulatory delays outside our reasonable control.
10.8 Where a mandatory international convention or legislation governs liability, limitation or claims, that regime will prevail over these Conditions.
11. CHARGES AND PAYMENT
11.1 Charges are based on the information provided when the Quote is issued.
11.2 Unless stated otherwise, prices exclude VAT and other taxes where applicable.
11.3 We may charge reasonable additional sums resulting from:
a. incorrect weights or dimensions;
b. extra collections or deliveries;
c. waiting time;
d. demurrage;
e. storage;
f. failed collection or delivery;
g. redelivery;
h. additional labour;
i. access restrictions not disclosed before booking;
j. customs or border costs;
k. tolls, ferries or permits not included in the Quote; or
l. changes requested by the Customer.
11.4 Unless credit terms have been agreed, payment is due before commencement of the Services or as stated in the Booking Confirmation.
11.5 Business Customers with approved credit accounts must pay invoices within the agreed credit period.
11.6 Business Customers may not withhold payment merely because a claim has been made relating to a Consignment.
11.7 Where applicable, we reserve the right to claim statutory interest and recovery costs on overdue Business Customer debts under the Late Payment of Commercial Debts legislation.
12. CANCELLATION
Business Customers
12.1 A Business Customer may cancel a booking by giving written notice.
12.2 The Customer will be responsible for reasonable costs already committed or incurred as a result of the booking, including Carrier Partner cancellation charges.
12.3 Where a vehicle has already been dispatched, collection has commenced, or capacity has been specifically reserved and cannot reasonably be reallocated, up to the full quoted charge may become payable where this reasonably reflects the loss incurred.
Consumers
12.4 Consumer cancellation rights are governed by applicable consumer legislation.
12.5 Where a contract concerns the transport of goods on a specific date or during a specific period, the statutory 14-day cancellation right for distance and off-premises contracts may not apply.
12.6 Where statutory cancellation rights do apply and the Consumer asks us to begin the Services during a cancellation period, we will obtain any express request or acknowledgement required by law.
12.7 Nothing in this clause limits rights which a Consumer has under applicable law.
13. FAILED DELIVERY, STORAGE AND UNCLAIMED GOODS
13.1 Where delivery cannot be completed for reasons outside our reasonable control, we may:
a. return the Consignment to the Customer;
b. arrange redelivery;
c. place the Consignment in secure storage; or
d. seek further instructions.
13.2 The Customer will be responsible for reasonable additional transport and storage charges where the failed delivery was not caused by our breach.
13.3 Where goods remain unclaimed, we will take reasonable steps to contact the Customer or owner.
13.4 For Business Customers, if goods remain unclaimed after reasonable written notice, we may sell or dispose of them where legally permitted and apply the proceeds towards unpaid charges and reasonable costs.
13.5 Any remaining balance will be accounted for to the person entitled to it.
13.6 Perishable, dangerous or deteriorating goods may be dealt with sooner where reasonably necessary.
13.7 For Consumer Customers, this clause applies only to the extent permitted by consumer law.
14. LIABILITY FOR LOSS OR DAMAGE
14.1 Nothing in these Conditions excludes or restricts liability for:
a. death or personal injury caused by negligence;
b. fraud or fraudulent misrepresentation;
c. breach of statutory rights which cannot legally be excluded; or
d. any other liability which cannot lawfully be excluded or restricted.
Consumers
14.2 Where the Customer is a Consumer, we will perform the Services with reasonable care and skill.
14.3 Any limitation or exclusion in these Conditions applies to a Consumer only to the extent it is lawful and fair and does not reduce rights or remedies which cannot legally be restricted.
Business Customers – Domestic Road Carriage
14.4 Subject to clauses 14.1 and 14.8, where Pearl & Co contracts as principal for domestic road carriage, liability for physical loss, mis-delivery or physical damage to the Consignment will be limited to the lowest of:
a. the value of the goods actually lost, mis-delivered or damaged;
b. the reasonable cost of replacing, repairing or reconditioning those goods; or
c. £1,300 per tonne of the gross weight of the goods actually lost, mis-delivered or damaged.
14.5 The value of goods will ordinarily be their invoice value or, where there is no sale invoice, their reasonable replacement value immediately before transit.
14.6 A Business Customer requiring a higher liability limit must request it in writing before the movement is booked. We may agree an increased limit subject to additional charges and availability of suitable liability cover.
14.7 The Customer must provide reasonable evidence of the weight and value of any Consignment subject to a claim.
International Road Carriage
14.8 Where CMR or another mandatory international liability regime applies, liability will be determined and limited under that regime rather than clause 14.4.
Agency Services
14.9 Where Pearl & Co expressly acts solely as an agent:
a. liability for physical carriage rests with the Carrier Partner subject to applicable law and that Carrier Partner's terms; and
b. Pearl & Co remains responsible for any direct loss resulting from our own failure to exercise reasonable care and skill in performing our agency service.
Exclusions applying to Business Customers
14.10 Subject to applicable law, Pearl & Co will not be liable to a Business Customer for:
a. loss of profit;
b. loss of revenue;
c. loss of business;
d. loss of opportunity;
e. loss of anticipated savings;
f. loss of goodwill;
g. loss of contracts;
h. loss or corruption of data; or
i. indirect or consequential loss.
14.11 Subject to clause 14.1, liability to a Business Customer for delay or any loss other than physical loss of or damage to goods will not exceed the charges payable for the affected Services unless a greater liability is imposed by mandatory law.
15. CIRCUMSTANCES WHERE WE ARE NOT RESPONSIBLE
15.1 Subject to mandatory law and Consumer statutory rights, we are not responsible for loss, damage or delay to the extent caused by:
a. an act or omission of the Customer, owner or Consignee;
b. inaccurate or incomplete information;
c. insufficient or unsuitable packaging;
d. inherent defect, vice or natural deterioration of the goods;
e. undisclosed fragility or special handling requirements;
f. normal wear, leakage, wastage or shrinkage;
g. loading or unloading not performed by us;
h. unsafe or unsuitable access;
i. seizure or detention by customs or another authority;
j. an undeclared Dangerous Good;
k. lawful action taken by a public authority;
l. inherent characteristics of antiques or pre-existing damage;
m. a Force Majeure Event; or
n. any other matter beyond our reasonable control.
16. INSURANCE
16.1 Liability insurance held by Pearl & Co or a Carrier Partner is not the same as all-risks insurance covering the full value of the Customer's goods.
16.2 Unless we expressly agree otherwise in writing, the Customer is responsible for arranging appropriate insurance for the full replacement value of the Consignment.
16.3 Customers transporting high-value goods, antiques, fine art, machinery or other valuable property are strongly encouraged to obtain appropriate goods-in-transit or cargo insurance.
16.4 Pearl & Co does not provide or arrange insurance for the Customer unless this is expressly stated in writing and provided in a legally authorised manner.
17. CLAIMS
Business Customers
17.1 A Business Customer should notify us in writing of:
a. visible loss, mis-delivery or physical damage as soon as reasonably practicable and, where possible, within seven days after transit ends; and
b. any other claim within 28 days after transit ends or should reasonably have ended.
17.2 A claim should include:
a. booking or consignment reference;
b. description of the loss;
c. photographs where relevant;
d. proof of value;
e. proof of damage;
f. repair estimates where appropriate; and
g. any other information reasonably required to investigate the claim.
17.3 Where it was not reasonably possible for the Customer to notify us within a stated period, we will consider the circumstances.
17.4 Subject to mandatory law, proceedings relating to domestic carriage by a Business Customer must be commenced within one year after the date on which transit commenced.
17.5 Where CMR or another mandatory legal regime applies, the applicable statutory claim and limitation periods take precedence.
Consumers
17.6 Consumers should notify us of loss or damage as soon as reasonably practicable.
17.7 Nothing in this clause removes or shortens a Consumer's statutory rights or legal limitation periods.
18. LIEN
18.1 Where legally permitted, we may retain possession of a Business Customer's Consignment as security for unpaid charges relating to that Consignment.
18.2 For Business Customers, we may also exercise a general lien over goods in our possession for overdue sums owed by that Customer under another Contract where the law permits us to do so.
18.3 We will give reasonable written notice before exercising any power of sale.
18.4 Any sale will be conducted reasonably, with proceeds applied first to unpaid charges and reasonable expenses, and any balance accounted for to the person entitled to it.
18.5 For Consumers, any lien or power of sale will only be exercised to the extent that it is lawful, fair and proportionate.
19. WAITING TIME AND DEMURRAGE
19.1 The Customer must ensure collection and delivery locations are ready at the agreed time.
19.2 Waiting time included within the quoted charge will be as stated in the Quote or Booking Confirmation.
19.3 Additional waiting time or unreasonable detention may be charged at the rate stated in the Quote or, if no rate has been stated, at a reasonable rate reflecting the additional cost incurred.
19.4 Where delay results from circumstances outside the Customer's control, we will act reasonably when assessing any additional charge.
20. FORCE MAJEURE
20.1 We will not be in breach of Contract for delay or failure caused by circumstances beyond our reasonable control.
20.2 Such circumstances may include:
a. severe weather;
b. flood or fire;
c. accident;
d. road closures or exceptional congestion;
e. vehicle breakdown despite reasonable maintenance;
f. strikes or industrial action;
g. war or civil disturbance;
h. terrorism;
i. epidemic or pandemic;
j. government action;
k. customs or border disruption;
l. port or ferry disruption;
m. cyberattack or major systems failure; or
n. failure of infrastructure or utilities.
20.3 We will take reasonable steps to minimise the effect of such events.
21. CUSTOMER INDEMNITY – BUSINESS CUSTOMERS
21.1 A Business Customer will indemnify Pearl & Co against reasonable liabilities, losses and costs arising directly from:
a. the Customer's breach of these Conditions;
b. inaccurate information supplied by the Customer;
c. unlawful goods;
d. undeclared Dangerous Goods;
e. defective or inappropriate packaging supplied by the Customer;
f. customs declarations or documentation supplied incorrectly by the Customer; or
g. instructions which cause Pearl & Co or a Carrier Partner to breach the law.
21.2 This indemnity does not apply to the extent that the loss resulted from Pearl & Co's own negligence or breach of Contract.
22. CONFIDENTIALITY
22.1 Each party will keep confidential commercially sensitive information received from the other party.
22.2 Information may be disclosed:
a. to employees, Carrier Partners, subcontractors and professional advisers who need it to perform the Contract;
b. where required by law;
c. to an insurer in connection with a claim; or
d. to customs, police, regulators or public authorities where legally required.
23. DATA PROTECTION
23.1 We process personal data in accordance with applicable data protection law and our Privacy Policy.
23.2 The Customer authorises us to share information reasonably required to perform the Services with Carrier Partners, drivers, customs agents, warehousing providers and other necessary service providers.
23.3 The Customer must ensure it has authority to provide us with personal information relating to Consignees and other contacts.
24. TERMINATION AND SUSPENSION
24.1 We may suspend or terminate a Contract where:
a. payment is overdue;
b. the Customer materially breaches these Conditions;
c. goods are unlawful or dangerous and were not properly declared;
d. performance would breach applicable law; or
e. continuing the Services would create a material safety risk.
24.2 Termination does not affect rights or liabilities which arose before termination.
24.3 The Customer remains responsible for reasonable charges and costs incurred before termination.
25. CONSUMER RIGHTS AND COMPLAINTS
25.1 Nothing in these Conditions affects rights available to Consumers under applicable consumer legislation.
25.2 Consumer Services will be performed with reasonable care and skill.
25.3 Information we provide to a Consumer about the Services which is legally binding under consumer law will form part of the Contract.
25.4 Consumers wishing to make a complaint should contact us using the contact details published on the Pearl & Co website.
25.5 We will investigate complaints fairly and within a reasonable period.
26. THIRD-PARTY RIGHTS
26.1 Carrier Partners and their employees, drivers and subcontractors may rely upon the protections, exclusions and limitations contained in these Conditions to the extent permitted by law.
26.2 Except as provided in clause 26.1, no person who is not a party to the Contract has any right to enforce it under the Contracts (Rights of Third Parties) Act 1999.
27. VARIATION
27.1 No employee, driver or Carrier Partner has authority to vary these Conditions on our behalf unless expressly authorised by Pearl & Co.
27.2 Any material variation to an individual Contract must be agreed in writing.
27.3 We may update these Conditions from time to time for future Contracts.
27.4 The version applying to a Contract will normally be the version provided or made available when the booking was accepted.
28. SEVERABILITY
If any provision of these Conditions is found to be invalid, unlawful or unenforceable, that provision will be modified to the minimum extent necessary or, where modification is impossible, removed without affecting the validity of the remaining provisions.
29. WAIVER
A failure or delay by either party in exercising a right does not waive that right.
30. ENTIRE AGREEMENT – BUSINESS CUSTOMERS
30.1 For Business Customers, the Contract constitutes the entire agreement relating to the Services and replaces previous discussions relating to that particular movement.
30.2 This clause does not exclude liability for fraud or fraudulent misrepresentation.
30.3 This clause does not apply to a Consumer to the extent it would conflict with information or statements which are binding under consumer law.
31. LAW AND JURISDICTION
31.1 These Conditions and any Contract are governed by the laws of England and Wales, subject to any mandatory international convention or law applicable to the carriage.
31.2 For Business Customers, the courts of England and Wales have exclusive jurisdiction unless mandatory law provides otherwise.
31.3 A Consumer retains any mandatory right to bring proceedings in another court which applicable consumer law gives them.
32. CONTACT AND COMPANY DETAILS
The contracting entity is:
Pearl & Co Trading Ltd
Trading as Pearl & Co
Company Number: 16546597
Registered Office: Unit 14F Woodside, Thornwood, Epping, England CM16 6LJ
Current contact details are available at:
www.youritemsmatter.com