Case study
We were recently involved in a mediation which successfully resolved a claim regarding goods allegedly contaminated in transit. The parties reached resolution and preserved their commercial relationship.
One of the key issues in the case was whether the contract and subcontract to transport the goods were subject to the RHA Conditions.
In this particular case, the parties had worked together for decades and, as is often the case, contracts were formed following a quick telephone call, often when urgent transport was required, and the contracts were not in writing.
The invoices stated that the contract was subject to RHA Conditions – a set of standard terms, developed by the RHA which provide a framework that governs the responsibilities, liabilities, and expectations between hauliers and their clients. Their inclusion, or omission, can have significant legal and operational consequences.
What are RHA Conditions of Carriage?
The RHA Conditions of Carriage are a set of standard terms designed to protect both hauliers and customers by clearly defining the scope of liability, insurance obligations, delivery terms, and dispute resolution mechanisms. They are widely recognised across the UK and are regularly updated to reflect changes in legislation and industry practice.
Incorporation
RHA terms are not automatically incorporated, into haulage contracts. We would always recommend a written contract which explicitly states that the contract is subject to RHA Conditions. Alternatively, documents such as quotations, consignment notes, or terms and conditions can state that the contract is subject to RHA Conditions.
Essentially, the RHA Conditions must be brought to the attention of the other party before or at the time the contract is formed. Simply stating “RHA Conditions apply” on an invoice after the fact will not be sufficient to incorporate them.
Why is it important?
If there is no agreement that the RHA Conditions are incorporated, the haulier may not be able to rely on the protections offered by the RHA Conditions, leaving them exposed to unlimited liability or ambiguous obligations.
For example, under the RHA Conditions, a haulier’s liability for loss or damage is typically capped at £1,300 per tonne. If these terms are not incorporated, the haulier could face claims for full replacement value, which may far exceed this limit.
The RHA Conditions outline procedures for claims, time limits, and exclusions that can be critical in managing risk and ensuring fair treatment. Failure to incorporate can result in costly legal disputes, reputational damage, and financial exposure.
Operational implications
Beyond legal protection, incorporating RHA Conditions streamlines operations. It sets clear expectations for delivery times, handling procedures, and liability in case of delays or damages. This clarity reduces misunderstandings and fosters trust between logistics providers and clients.
Best practices for incorporation
To ensure the RHA Conditions are effectively incorporated:
• reference them explicitly in all contractual documents
• provide a copy of the conditions or make them easily accessible online
• train staff to understand and communicate the importance of these terms
• review and update contracts regularly to reflect current versions of the RHA Conditions.
Conclusion
Incorporating Road Haulage Conditions into transport contracts is not just a legal formality, it’s a strategic safeguard. It protects hauliers from undue liability, ensures operational clarity, and strengthens client relationships. In an industry where margins are tight and risks are high, overlooking this step can be a costly mistake.
Key Contacts
The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at October 2025.