Terms

1. Scope
These Terms apply to all haulage, HIAB, flatbed, low loader, grab lorry, lifting, transport and associated services supplied by M Butler Limited.
2. Acceptance
Placing an order or accepting a quotation constitutes acceptance of these Terms.
3. Quotations
Quotations are based on information supplied by the Client. Variations, waiting time, delays, additional labour or equipment and changed site conditions may be charged.
4. Client Responsibilities
The Client warrants that access, ground conditions, permissions, dimensions, load weights and all information supplied are accurate and suitable.
5. Off Public Highway
Where the Company is invited to leave the public highway, the Client warrants that all roads, tracks, yards and working areas are suitable. The Client is responsible for all recovery costs and damage to Company vehicles arising from unsuitable access except where solely caused by the Company’s proven negligence.
6. Underground Apparatus
The Company accepts no responsibility for damage to underground services including water, gas, electricity, fibre, drainage, septic tanks, soakaways, culverts, basements or concealed apparatus unless their precise location has been identified and damage results solely from the Company’s proven negligence.
7. Kerbs, Verges & Street Furniture
Where access reasonably requires mounting or crossing kerbs, pavements, verges or similar features, the Company shall not be liable for resulting damage. This includes bollards, signs, lamp columns, utility covers, drainage channels, barriers, walls, fences, gates and other fixed infrastructure. The Client indemnifies the Company against resulting claims except where solely caused by proven negligence.
8. Site Access, Egress & Reversing
The Company is not required to undertake excessive or unsafe reversing. The driver’s professional judgement on safe access is final. The Company may refuse entry, require banksmen, relocate delivery points or abort operations. Additional costs are payable by the Client.
9. Overhead Obstructions
The Client shall identify overhead cables, trees, balconies, scaffolding and similar hazards. The Company may refuse operations where safe clearance is unavailable.
10. HIAB Operations
The Company may refuse unsafe lifts. The Client is responsible for suitable landing areas, exclusion zones and accurate load information unless a separate Contract Lift agreement applies.
11. Grab Lorries
Waste must be lawful, suitable and accessible. Contaminated or inaccessible material may incur additional charges.
12. Loading
The Client is responsible for accurate weights, dimensions and securing of loads unless expressly agreed otherwise.
13. Waiting Time
Waiting time beyond the included allowance is chargeable.
14. Delays
No liability is accepted for delays outside the Company’s reasonable control.
15. Recovery & Downtime
The Client shall indemnify the Company for recovery, repairs, engineer attendance, replacement vehicle hire and loss of earnings resulting from unsuitable site conditions.
16. Insurance
The Company maintains appropriate insurance. Liability shall not exceed applicable policy limits where permitted by law.
17. Limitation of Liability
The Company excludes indirect and consequential losses to the fullest extent permitted by law and limits liability to the value of the services supplied unless law provides otherwise.
18. Indemnity
The Client shall indemnify M Butler Limited against third-party claims arising from unsuitable access, inaccurate information or unsafe site conditions, except where caused solely by the Company’s proven negligence.
19. Payment
Invoices are payable within agreed terms. Statutory interest and recovery costs may be charged on overdue accounts.
20. Governing Law
These Terms are governed by the laws of England and Wales.
Schedule A – Typical Risks Accepted by the Client
– Soft ground
– Hidden voids
– Underground services
– Kerbs and verges
– Street furniture
– Recovery costs
– Restricted turning
– Unsafe reversing
– Overhead obstructions
– Damage arising from unsuitable access