1. Interpretation and Application
1.1 In these Conditions, “The Company” means Kennis Europe Limited, trading as KTL Europe.
1.2 “Customer” means any person or company at whose request or on whose behalf the Company undertakes any business or provides advice, information, or services.
1.3 “Goods” means the cargo/commodities (including any packaging, containers, or equipment not supplied by the Company) to which any business under these Conditions relates.
1.4 These Conditions shall apply to all activities of the Company in the course of business, whether gratuitous or not. No variation of these Conditions shall be binding on the Company unless in writing and signed by a Director.
2. Incorporation of Industry Terms
All business is transacted by the Company (KTL Europe) subject to the following industry standard conditions, which are deemed to be incorporated into these Terms and Conditions:
| Service | Applicable Standard Conditions |
|---|---|
| Freight Forwarding & Logistics International transport and customs brokerage |
British International Freight Association (BIFA) Standard Trading Conditions 2025 Edition |
| UK Road Carriage Domestic road haulage services within the UK |
Road Haulage Association (RHA) Conditions of Carriage 2024 Edition |
2.3 Precedence: In the event of any conflict between the BIFA/RHA terms and these specific Terms and Conditions, these Terms and Conditions shall prevail.
3. Customs Formalities & Representation
3.1 The Company shall be entitled to act as an agent or principal.
3.2 In all dealings with HMRC, the Company acts as a Direct Customs Agent in the name of and on behalf of the Customer, unless otherwise agreed in writing. The Customer remains liable for all duties, taxes, and potential penalties.
3.3 Indemnity: The Customer warrants the accuracy of all information and documentation provided for customs purposes. The Customer shall indemnify KTL Europe against any losses, damages, or fines arising from any inaccuracy, omission, or delay in providing such information.
3.4 EORI & Status: The Customer warrants that they hold a valid EORI number and are registered for VAT (where applicable) and will provide evidence of such status upon request.
4. Customer Warranties and Obligations
4.1 Description of Goods: The Customer warrants that the description and particulars of any Goods are full and accurate.
4.2 Packaging: The Customer warrants that all Goods have been properly and sufficiently prepared, packed, stowed, labelled, and/or marked, and that the preparation is appropriate for the transit involved.
4.3 Weight Declarations: The Customer shall provide a verified gross mass (VGM) for all cargo where required. The Company accepts no liability for delays or fines resulting from inaccurate weight declarations.
4.4 Loading & Unloading: Unless otherwise agreed in writing, the Customer is responsible for the loading and unloading of the Goods. KTL Europe shall not be liable for any damage caused by the inadequacy of the Customer’s loading equipment or personnel.
5. Dangerous and Hazardous Goods
5.2 Should the Customer deliver such Goods to the Company or cause the Company to handle such Goods without written agreement, the Customer shall be liable for all loss or damage caused by or in connection with the Goods and shall indemnify the Company against all penalties, claims, and expenses.
5.3 If such Goods become a danger to life or property, the Company reserves the right to unload, destroy, or render them harmless at the Customer’s expense without notice and without liability.
6. Quotations and Pricing
6.1 Quotations are given on the basis of immediate acceptance and are subject to withdrawal or revision by the Company.
6.2 Unless otherwise stated, quotations are valid for 7 days from the date of issue.
6.3 The Company shall be entitled to revise quotations or charges in the event of changes outside its control, including but not limited to:
- Fuel surcharges
- Currency fluctuations
- Changes in government duties
- Increased freight rates from third-party carriers
7. Payment and Credit Terms
7.1 Net Terms: All invoices are due for payment within 7 (seven) days from the date of the invoice, without any deduction, set-off, or counterclaim.
7.2 Late Payment: The Company reserves the right to charge interest on all overdue amounts at the rate of 8% above the Bank of England Base Rate, pursuant to the Late Payment of Commercial Debts (Interest) Act 1998, along with reasonable debt recovery costs.
7.3 Duty and VAT: Notwithstanding Clause 7.1, all Duty, VAT, and other government-imposed charges are payable immediately upon demand or in advance of the release of goods, at the Company’s sole discretion.
7.4 Lien & Power of Sale: The Company shall have a general and particular lien on all goods and documents in its possession for all sums due at any time from the Customer. If such sums remain unpaid after 14 days’ notice, KTL Europe shall be entitled to sell or dispose of the goods at the Customer’s expense and apply the proceeds toward the debt.
8. Liability and Insurance
8.1 Limitation of Liability: The Company’s liability is strictly limited in accordance with the BIFA 2025 (Clause 26) and RHA 2024 (Condition 12) terms.
8.2 Consequential Loss: To the extent permitted by law, KTL Europe shall not be liable for any indirect or consequential loss, including loss of profit, loss of market, or business interruption.
8.3 Insurance: KTL Europe does not provide insurance for the goods. It is the Customer’s responsibility to arrange “All Risks” insurance. KTL Europe may, upon written request and at the Customer’s expense, act as an agent to arrange such insurance, but provides no warranty as to the adequacy of the cover.
9. Claims and Notification
9.1 Any claim for loss or damage must be notified to the Company in writing within the following strict timeframes:
| Service Type | Notification Deadline |
|---|---|
| RHA Services | Within 7 days of the end of transit |
| BIFA Services | Within 14 days of the date of delivery or when delivery should have occurred |
10. Data Protection
10.1 Both parties shall comply with all applicable requirements of the Data Protection Legislation (including the UK GDPR and Data Protection Act 2018).
10.2 KTL Europe will process personal data only for the purposes of performing its obligations under these Conditions and in accordance with its Privacy Policy.
11. Force Majeure
11.1 KTL Europe shall be relieved of its obligations and shall not be liable for any loss or damage if and to the extent that such performance is prevented or delayed by an event of Force Majeure, including but not limited to:
- Strikes or lockouts
- Acts of God
- War or terrorism
- Civil commotion
- Pandemic
- Cyber-attack
- Government-imposed restrictions
12. Governing Law and Jurisdiction
12.1 These Conditions and any act or contract to which they apply shall be governed by the laws of England and Wales.
12.2 Any dispute arising out of or in connection with these Conditions shall be subject to the exclusive jurisdiction of the English Courts.