DGSA Terms and Conditions

1. Scope of Services
   1. Logistics UK’s Dangerous Goods Safety Advisor (DGSA) Consultancy Service is delivered in accordance with The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations, setting out the legal framework, based on ADR. The Scope of Services provided by Logistics UK are delivered by qualified DGSAs who provide professional support and advice, specialising in compliance, training and legislation for movements of dangerous goods and hazardous wastes. Logistics UK’s DGSAs are experienced in advising on all classes of dangerous goods and all modes of transport. The Scope of Services includes, but is not limited to, monitoring compliance with the requirements governing the carriage of dangerous goods, advice on the management and carriage of dangerous goods in line with current regulations, advice on training requirements, assistance with security plans for high consequence dangerous goods and radiation protection programmes, unlimited phone and email advice, annual health check and compliance visits with a detailed audit report, completion of an annual report preserved for a minimum of 5 years.
       
2. The client and Logistics UK agree as follows
   1. Logistics UK will provide the Dangerous Goods Safety Adviser (DGSA) consultancy Services to the Client. Logistics UK’s functions will be restricted to those covered by the current Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations.
   2. The Client will pay to Logistics UK the consideration shown in this contract. The consideration will be invoiced to the Client following receipt of this contract with the invoice being due for payment 30 days after the invoice date unless alternative arrangements are detailed in the proposal in which case such alternative arrangements shall apply.
   3. This contract will remain in force for one year unless otherwise agreed and specified in the contract start and end dates. Three calendar months’ notice are required by either party to terminate the agreement. A nominal cost of living increase will be added each year on renewal. The option to renew the contract will be offered by Logistics UK in advance of contract expiry but can be requested by The Client at any time.
       
3. Responsibilities, duties and liabilities of the Client
   1. The Client undertakes to provide Logistics UK immediately with any data, information or documents concerning its operation and activities, including incidents and accidents, in relation to the handling, packaging and carrying of dangerous goods which may reasonably be required by Logistics UK for the purpose of providing the Services and warrants that such data, information and documents are accurate and correct upon the date upon which they are given. Any changes in such data, information or documents must be notified to Logistics UK immediately.
   2. The Client shall allow access by the DGSA or any replacement DGSA notified to the Client to its premises and staff during reasonable hours for the purposes of collecting information and preparing any reports and advice provided to the Client by Logistics UK.
   3. The Client shall not without the express permission in writing of Logistics UK during the agreement or within six months after termination of this agreement make any offer of engagement or engage any DGSA employed directly or indirectly by Logistics UK. Should, notwithstanding this Clause, the Client engage such person, then they will pay immediately without demand to Logistics UK a fee equivalent to 50% of such employee’s annual salary.
   4. The Client acknowledges and agrees that any report prepared by Logistics UK in accordance with these terms and conditions has been prepared specifically for the Client and the report shall not be published, distributed or sold by the Client without the consent of Logistics UK as is required by the current Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations. The Client shall not without the express permission in writing of Logistics UK use any data, information or documents prepared or provided by Logistics UK in a manner which is detrimental to the commercial wellbeing of Logistics UK nor shall the Client publish or hand over any such data, information or documents to any other party except for those entitled to receive such copies for the purpose of complying with the current Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations, this includes a third party in contract of Services, an appropriately authorised enforcement authority or any other regulatory body.
   5. If the Client cancels a DGSA visit at short notice and the DGSA has incurred travel/ accommodation costs (i.e. visit cancelled on arrival or DGSA needed to travel on the day before the audit), this expenditure will be re charged to the Client at cost.
       
4. Responsibilities, duties and liabilities of Logistics UK
   1. Logistics UK Dangerous Goods Consultancy Service shall treat in confidence any information it may obtain from the Client either before reports are compiled or during the course of or following the preparation of reports where an obligation is placed on Logistics UK or the DGSA to provide information to an appropriately authorised enforcement authority or any other regulatory body as required by the current Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations.
   2. All reports, recommendations and advice made at any time by Logistics UK are made in good faith and on the basis of data, information and documents available at the time of such reports and/or advice. As implementation of such reports and/or advice may depend upon the Client’s own staff and organisation, no liability of whatsoever nature is accepted by Logistics UK for the manner in which reports and/or advice are implemented and no representations, warranties or otherwise are made as to the successful implementation of any recommendations or advice contained in any report or advice given to the Client by Logistics UK.
   3. Logistics UK shall be under no liability whatsoever to the Client or any third party for any loss, damage, costs and claims or otherwise howsoever caused resulting or alleged to have resulted from the use of any report, recommendation or advice given by Logistics UK as part of the Service unless it shall be proved that any such loss, damage, costs, claims or otherwise shall have been caused by the negligence of Logistics UK or the nominated DGSA.
   4. Logistics UK shall not be liable to the Client or any third party for any indirect or consequential loss or damage suffered or alleged to have been suffered by the Client or any third party as a result of any failure of Logistics UK to carry out any part of the Service as a consequence of any matters contained in any reports, recommendations or advice given by on or on behalf of Logistics UK.
   5. Logistics UK shall be entitled at its sole discretion to suspend work on any part of the Service or upon any report prior to the completion of the Service and/or reports if the Client fails to provide or delays in providing any data, information or documents as may be requested by Logistics UK and/or the nominated DGSA for the purposes of the Service; or the Client fails to make payment of the fees shown in this contract. Any such suspension of work by Logistics UK shall be without prejudice to any other rights and remedies it may have against the Client.
   6. Logistics UK shall not be liable to the Client or be deemed to be in breach of the contract by virtue of any delay in performing or any failure to perform any of Logistics UK’s obligation hereunder if the delay or fault was due to any cause beyond Logistics UK’s reasonable control.
   7. Subject as provided above, all other warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permissible by law.
   8. If the Client makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes or amalgamation or reconstruction); or An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Client; or The Client ceases, or threatens to cease to carry on business; or Logistics UK reasonably apprehends that any of the events mentioned above is about to occur in relation to the Client and notifies the Client accordingly then, without prejudice to any other right or remedy available to Logistics UK, Logistics UK shall be entitled to cancel the contract and the Client shall immediately pay any outstanding charges due in respect of the contract.
   9. A qualified DGSA will be appointed by Logistics UK to act as the Client’s DGSA under this contract. Logistics UK reserves the right, however, to substitute this appointed person for another qualified DGSA in the event that the appointed person is unavailable for any reason.
   10. The Logistics UK DGSA Consultancy Services does not cover matters relating to inland waterways ADN issues.
   11. Where Logistics UK undertakes DGSA consultancy work outside the UK, the Service will deal solely with ADR/RID issues and will not cover matters controlled by domestic legislation in the country or countries concerned.
   12. Should a dispute arise in relation to this contract or any extension to it, the parties will attempt, in good faith, to resolve such dispute through negotiations between the respective representatives of the parties who have authority to settle the same. If the matter is not resolved through negotiation, the parties may attempt to resolve the dispute through an Alternative Dispute Resolution (ADR) procedure as recommended to the parties by the Centre for Dispute Resolution or such other organisation as the parties may agree. If the matter is not resolved by an ADR procedure or if either party will not or ceases to participate in an ADR procedure, the dispute should be referred to the arbitration of a single arbitrator or to an arbitrator appointed at the request of the parties by the President for the time being of the Chartered Institute of Arbitrators. The appointment of the cost of any such arbitration between the parties shall be in the discretion of the arbitrator. A decision made under the ADR procedure or the decision of an arbitrator shall be a condition precedent to any legal proceedings.
   13. This agreement and any extension to this agreement shall be entered into between the parties and its terms and conditions shall be construed and governed by the Laws of England.