Shipper terms of business
Last updated: 7 September 2026
Version: Version 1.0
IMPORTANT— PLEASE READ CAREFULLY, THESE TERMS APPLY TO EVERY ASSIGNMENT
PART A — ABOUT THESE TERMS
These Shipper Terms of Business (the “Terms”) are issued by Kivgo Logistics, a trading name of Arsen Pankiv, a sole trader of 42A Salisbury Road, London, E7 9JX, United Kingdom (“the Broker”, “Kivgo”, “we” or “us”), and govern the provision of freight brokerage services by the Broker to any person or business instructing the Broker to arrange the transport of goods (“the Customer”, “you” or “your”).
By submitting a booking, quote acceptance, or other instruction to the Broker, whether in writing, by email, by telephone confirmed in writing, or through a load board platform, the Customer accepts and agrees to be bound by these Terms in respect of that instruction and all future instructions, unless expressly varied in writing and signed by both Parties.
Clause 1 — Definitions
In these Terms, unless the context otherwise requires, the following terms shall have the meanings set out
below:
Booking Confirmation means the Customer's written acceptance (including by email or message) of the Broker's quotation for an Instruction, whether by expressly restating the collection and delivery details, cargo description, rate, and other relevant details, or by simply accepting a quotation that already sets those details out.
Broker means Kivgo Logistics, a trading name of Arsen Pankiv.
Business Day means a day (other than a Saturday, Sunday, or public holiday) on which banks are open for general business in London.
Carrier means any third-party road haulage company or owner-driver engaged by the Broker to physically perform the carriage of Goods under an Instruction. The Carrier is not an employee, agent, or subcontractor of the Broker, and acts as an independent contractor.
Customer means the person, business, or organisation instructing the Broker to arrange transport of Goods.
Goods means the cargo, freight, or consignment which is the subject of an Instruction.
Instruction means a specific request by the Customer for the Broker to arrange transport of Goods, as confirmed by the Customer in a Booking Confirmation or equivalent written communication.
Party means the Broker or the Customer, and Parties means both of them.
Proof of Delivery (POD) means a signed delivery note, consignment note, or other written or electronic evidence confirming that the Goods have been delivered.
Terms means these Shipper Terms of Business, as amended from time to time.
PART B — THE SERVICE
Clause 2 — Role of the Broker
2.1 The Broker acts at all times as an independent freight broker and intermediary, arranging the carriage of Goods on the Customer's behalf using a network of third-party Carriers. The Broker does not own or operate any vehicles and does not itself carry, handle, load, unload, or take physical possession of the Goods at any
stage.
2.2 The Broker is not a carrier, freight forwarder acting as principal, or bailee of the Goods, and nothing in these Terms shall be construed as creating such a relationship.
2.3 The Broker exercises reasonable skill and care in selecting, vetting, and engaging Carriers, including verification of each Carrier's insurance, operator's licence (where applicable), and conditions of carriage prior to onboarding.
2.4 The physical carriage of the Goods is performed by the Carrier under the Carrier's own conditions of carriage and insurance arrangements, as disclosed to the Broker.
Clause 3 — Quotations and Formation of Contract
3.1 Any quotation provided by the Broker is valid for the period stated in the quotation, or if no period is stated, for seven (7) days, and remains subject to Carrier availability at the time of booking.
3.2 A quotation does not constitute a binding offer of carriage and does not guarantee the availability of a Carrier or vehicle.
3.3 A binding contract for a specific Instruction is formed when the Customer confirms acceptance of the Broker's quotation in writing, including by email or other electronic message (the Booking Confirmation).
3.4 These Terms apply to every Instruction accepted by the Broker, together with the applicable Booking Confirmation. In the event of any inconsistency between these Terms and a Booking Confirmation, the Booking Confirmation shall prevail only in respect of the relevant Instruction.
Clause 4 — Customer Obligations
The Customer shall:
4.1 provide a complete, accurate, and not misleading description of the Goods, including weight, dimensions, packaging, quantity, and declared value, prior to collection;
4.2 ensure that the Goods are properly and sufficiently packaged, labelled, and secured to withstand the ordinary risks of road transport, having regard to their nature;
4.3 disclose in writing, prior to booking, whether the Goods are hazardous, dangerous, perishable, temperature-sensitive, fragile, of unusually high value, or otherwise require special handling, equipment, or documentation;
4.4 not tender for carriage any goods that are illegal, prohibited, or which the Broker has declined in writing to accept;
4.5 ensure that a suitably authorised person is available at the collection and delivery points at the agreed times, and that the Goods are ready for collection as agreed;
4.6 provide any collection or delivery reference, booking-in requirement, or site-specific instruction reasonably necessary for the Carrier to complete the Instruction; and
4.7 pay all charges due under these Terms in accordance with Clause 8.
4.8 In addition, the Customer warrants that it owns the Goods, or otherwise has the right to instruct the Broker to arrange their carriage, and that the person submitting the Instruction has authority to bind the Customer to these Terms.
Clause 5 — Broker Obligations
The Broker shall:
5.1 use reasonable skill and care in selecting a suitable Carrier for each Instruction, having regard to the information provided by the Customer under Clause 4;
5.2 act as the Customer's primary point of contact for the duration of the Instruction, and use reasonable endeavours to keep the Customer informed of any material delay or issue affecting delivery of which the Broker becomes aware;
5.3 obtain and provide Proof of Delivery to the Customer upon reasonable request; and
5.4 deal with the Customer fairly and in good faith.
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PART C — CHARGES AND PAYMENT
Clause 6 — Rates and Charges
6.1 The rate payable for an Instruction is the rate stated in the applicable Booking Confirmation, and is exclusive of VAT unless stated otherwise.
6.2 Additional charges, including but not limited to waiting time, detention, ADR surcharges, failed-collection or failed-delivery charges, and re-delivery charges, shall apply only where notified to the Customer and agreed in advance, or where they arise from circumstances within the Customer's control (including inaccurate
information provided under Clause 4).
6.3 The Broker reserves the right to pass on any reasonable additional cost incurred as a direct result of the Customer's failure to comply with Clause 4, subject to reasonable evidence of that cost being provided to the Customer.
Clause 7 — Cancellation
7.1 The Customer may cancel a confirmed Instruction by written notice to the Broker.
7.2 Where cancellation occurs after a Carrier has been allocated and confirmed, the Customer shall reimburse the Broker for any reasonable cancellation charge properly incurred by the Broker with the Carrier as a result, provided that reasonable evidence of that charge is supplied to the Customer.
7.3 The Broker will use reasonable endeavours to minimise or avoid cancellation charges where a cancellation is notified with reasonable notice.
Clause 8 — Invoicing and Payment
8.1 The Broker shall invoice the Customer following completion of each Instruction, unless otherwise agreed in writing.
8.2 Unless otherwise agreed in writing, payment is due within thirty (30) days of the invoice date.
8.3 If the Customer disputes all or part of an invoice, the Customer shall notify the Broker in writing without undue delay, setting out the reasons for the dispute. The undisputed portion of the invoice remains payable in accordance with Clause 8.2.
8.4 The Broker reserves the right to suspend the acceptance of further Instructions from the Customer where payment of any undisputed invoice is overdue.
PART D — LIABILITY AND INSURANCE
Clause 9 — Insurance
9.1 The Broker maintains Public Liability insurance and Freight Forwarder's/Broker's Liability insurance appropriate to its business as an intermediary.
9.2 The Broker requires each Carrier, prior to onboarding, to hold valid Goods-in-Transit insurance and to disclose its cover limit, and verifies this as part of its vetting process. The Broker does not itself insure the Goods, and the Customer acknowledges that primary cover for physical loss of or damage to the Goods in transit rests with the Carrier's own Goods-in-Transit insurance.
9.3 The Customer is responsible for arranging its own cargo or goods-in-transit insurance where it wishes to insure the Goods for their full value, particularly where that value exceeds the liability cap set out in Clause 10. The Broker can, on request, confirm the GIT cover limit held by the Carrier allocated to a specific Instruction
prior to collection.
Clause 10 — Liability and Limitation
10.1 Subject to Clause 10.6, the Broker's total liability to the Customer arising out of or in connection with any one Instruction, whether for loss of, theft of, or damage to Goods, or otherwise, and whether arising from the Broker's own negligence, the default of a Carrier, or otherwise, shall not exceed the lowest of:
3(a) the actual value of the Goods as declared in writing prior to collection;
(b) the cost of replacing the Goods of the same type and quality; or
(c) £1,300 per tonne of the gross weight of the Goods lost, mis-delivered, or damaged
10.2 The Broker's liability under Clause 10.1 shall not in any case be less than £10. Where the Customer wishes to secure a higher level of cover than provided under Clause 10.1, the Customer may declare a higher value in writing prior to collection; such higher value shall apply only where expressly accepted by the Broker in writing prior to collection, and such acceptance may be subject to an additional charge.
10.3 The Broker's liability under Clause 10.1 is owed directly to the Customer and is payable regardless of whether, or how much, the Broker is able to recover from the Carrier engaged to perform the Instruction. Any recovery by the Broker from the Carrier is a separate matter between the Broker and the Carrier under their own agreement, and does not reduce, delay, or otherwise affect the Customer's entitlement under these
Terms.
10.4 The Broker shall not be liable for any indirect or consequential loss, including loss of profit, loss of business, loss of contract, or loss of goodwill, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, even where the Broker has been advised of the possibility of such loss.
10.5 Any liability of the Broker for loss or cost arising from delay in collection or delivery is subject to the exclusion of indirect and consequential loss in Clause 10.4 and, in any event, to the liability cap in Clause 10.1. The Broker shall use reasonable endeavours to notify the Customer of any material delay of which it becomes
aware.
10.6 The Broker shall not be liable for any loss or damage arising from inaccurate, incomplete, or misleading information provided by the Customer under Clause 4, or from inadequate packaging of the Goods.
10.7 Nothing in these Terms excludes or limits either Party's liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot lawfully be excluded or limited under the laws of England and Wales.
Clause 11 — Claims
11.1 The Customer shall notify the Broker in writing of any claim, together with such evidence as may reasonably be required to prove that the loss, theft, mis-delivery, non-delivery, shortage, or damage occurred, within the following periods, failing which the claim may be time-barred:
(a) in respect of loss, theft, mis-delivery, non-delivery, shortage, or damage to the Goods, within seven (7) days of the date of delivery or, in the case of non-delivery, within seven (7) days of the date on which the Goods should have been delivered; and
(b) in respect of any other loss not falling within (a), within twenty-eight (28) days of the date of delivery or the date on which the Goods should have been delivered, as applicable.
11.2 The Customer shall provide the Broker with all information and documentation reasonably required to investigate a claim, including photographs, correspondence, and evidence of the value of the Goods.
11.3 The Broker shall be discharged from all liability in respect of any claim unless legal proceedings are issued and written notice of them given to the Broker within twelve (12) months of the date on which transit of the Goods commenced.
11.4 The Customer shall take all reasonable steps to mitigate any loss.
PART E — GENERAL
Clause 12 — No Possession or Lien
For the avoidance of doubt, the Broker does not at any time take physical possession of the Goods and accordingly does not exercise, and is not entitled to exercise, any lien over the Goods. Any right of lien that may arise belongs to the Carrier under its own conditions of carriage, and not to the Broker.
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Clause 13 — Confidentiality and Data Protection
13.1 Each Party shall keep confidential all commercially sensitive information received from the other Party in connection with an Instruction and shall not disclose it to any third party, save as required to perform the Instruction, as required by law, or with the other Party's prior written consent.
13.2 Each Party shall comply with all applicable data protection legislation, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, in relation to any personal data processed in connection with these Terms.
Clause 14 — Force Majeure
Neither Party shall be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by an event beyond that Party's reasonable control, including natural disasters, war, terrorism, civil unrest, acts of government, industrial action, or widespread failure of utilities or communications. The affected Party shall notify the other Party as soon as reasonably practicable and use reasonable endeavours to minimise the effects of the event.
Clause 15 — Suspension and Termination
15.1 The Broker may decline, suspend, or refuse any Instruction at its reasonable discretion, including where the Customer is in breach of these Terms, has overdue undisputed payments, or where the Broker is unable to source a suitable Carrier.
15.2 Either Party may terminate the ongoing business relationship under these Terms at any time by written notice. Termination shall not affect any Instruction already accepted, or any rights, remedies, obligations, or liabilities accrued before termination, including payment obligations and the provisions of Clauses 10, 11, 13,
and 16.
Clause 16 — General Provisions
16.1 Notices.
Any notice under these Terms shall be in writing and sent by email or first-class post to the contact details provided by the other Party, and shall be deemed received on the next Business Day after sending, in the case of email, or on the second Business Day after posting, in the case of post.
16.2 Entire Agreement.
These Terms, together with the applicable Booking Confirmation, constitute the entire agreement between the Parties in relation to an Instruction and supersede all prior discussions, negotiations, and representations, whether written or oral.
16.3 Amendments.
The Broker may update these Terms from time to time. The version of these Terms in force at the time an Instruction is accepted shall apply to that Instruction. No other amendment shall be valid unless made in writing and agreed by both Parties.
16.4 Waiver.
No failure or delay by either Party in exercising any right under these Terms shall operate as a waiver of that right.
16.5 Severability.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
16.6 Third Party Rights.
A person who is not a Party to an Instruction shall have no right to enforce any term of these Terms under the Contracts (Rights of Third Parties) Act 1999.
516.7 Governing Law and Jurisdiction.
These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales, and the Parties submit to the exclusive jurisdiction of the courts of England and Wales.
Kivgo Logistics — 42A Salisbury Road, London, E7 9JX, United Kingdom · info@kivgo.uk
Kivgo Logistics is a trading name of Arsen Pankiv, a sole trader.