1.The company undertakes to transport and/or compound certain vehicles for the client in accordance with the instructions of the client ('the service')
2. All invoices are due for payment 30 days after the date of the invoice. Any invoice outstanding beyond this period will be referred to Debt Collection Agents and will be subject to a surcharge of 15% plus vat to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the customer and will be legally enforceable.
3. Any quotation shall, if not previously accepted, expire 7 days after issue after which time The Company may vary any or all elements of the quotation.
4. Any estimates made by The Company as to the date or dates upon which the services will be undertaken will be confirmed by The Company on the clients acceptance of the quotation.
5. Any estimates made as to the date and time of the completion of the services or any element of the services are only business estimates and in the event that completion is delayed, or The Company refuse to release a vehicle for any reason, no liability direct, indirect or otherwise will accrue to The Company.
6. In the event that the client shall require the services to be performed on a regular basis or on multiple vehicles or multiple batches of vehicles the client undertakes to keep The Company appraised of its prospective requirements at least 14 days ahead of such service being required.
7. The Client shall issue The Company with sufficient information to identity the vehicle or vehicles, which to be transported and or upon which the client requires the services to be performed and in the case of transportation confirmation of the delivery address and where appropriate written authority to collect or remove the vehicle or vehicles in question.
8. In the event that The Company is unable to effect delivery of any vehicle The Company will take such vehicle to a secure store for collection either by the client or the person to whom they were to have been delivered to or for The Company to attempt on the instructions of the client a second delivery. All costs for the removal of the vehicle to secure storage. The charges for the secure storage the collection from the secure storage and any further attempted delivery shall be in addition to the delivery cost contained in the quotation and shall be the responsibility of the client. Whilst in secure storage, risk in the vehicles shall vest in the client.
9. In the event that the client shall cancel or demand any instruction to The Company on less than in respect of distribution services one working day's notice and in on to all other services five working day's notice a cancellation or amendment fee equal to The Company's charges for the services shall be payable to The Company.
10. The Client warrants that it is the owner of the vehicles or that its principles are entitled to part with or take or take possession of ( as the case may be) and to undertake the modifications to the vehicles and the Client undertakes to indemnity The Company in respect of all costs, liabilities or fines howsoever arising in respect of any claim that the Client was not appropriately authorised.
11. The Client warrants that the vehicles are in a condition which will not constitute a danger to any person if driven in a responsible manner or a suitably trained operative undertakes the services on the vehicles are in a condition which will not constitute a danger from components detached or fluids leaking if the vehicles are transported in the normal manner.
12. The Client will indemnify The Company and The Company's employees and subcontract labour against any claim or liability if the Client instructs The Company to park or drive any vehicle on the public highway and that vehicle is not in a fit state to be used on the public highway.
13. The Client will indemnify The Company against any liability that The Company may have to its employees and subcontract labour arising out of any breach by any third party of the Health and Safety legislation including but not limited to the Client and any occupier of property to which the vehicle are to be delivered.
14. The Company undertakes to indemnify the client in respect of any liability that may arise as a result of The Company not complying with all relevant laws and regulations in undertaking the Services on behalf of the client.
15. The Client undertakes that it will keep The Company fully appraised of any industrial dispute that the client might have whether or not such dispute is with a recognised trades union in order that The Company can assess whether or not to continue to provide the services to the Client is likely or possible give rise to industrial action against The Company.
16.The Company shall be free, in the case of transportation, to determine the method, route and order of delivery of the vehicles unless The Company shall have agreed the same with the Client.
17. In the event that the Client shall fail to settle invoices as they fall due The Company reserves the right to exercise a lien over such vehicles of the Client that The Company shall have custody of irrespective of whether or not The Company shall have undertaken any of the services on the vehicles that are subject to lien.
18. The Company reserves the right to factor, sell, discount or pledge any unpaid bill whether or not it is outstanding
19. The Client shall not be entitled to exercise set off in respect of any unpaid amount due from The Company and The Company shall be entitled to apply cash received in any order or sequence as The Company shall at its discretion determine.
20. The Client shall be responsible for any VAT or other duty, tax or other liability that may fall due in respect of the Services and in so far as The Company may be required to pay and recover such sums this shall not affect The Client's liability to pay such sums.
21. In the event that there shall be a variation in the price of diesel fuel or the duty payable thereon or there shall be any levy or other cost, charge or similar government impost The Company shall be entitled to increase the charges for the services to recover in full any increase or charge.
22. The Company shall have the right to utilise subcontract labour, facilities and subcontract vehicles in the discharge of its obligations to perform the service.
23. The Company shall be responsible for the vehicles from the point at which the Client or the Client's agent shall give possession of them to The Company and shall have certified the condition and completeness of the vehicles as the case may be and The Company shall cease to be responsible for the vehicles on handling them to the Client or a third party whether or not such party certifies the completeness and condition of the vehicles.
24. The Company will maintain insurance with a reputable underwriter in respect of loss or damage to vehicles whilst in The Company's possession and statutory responsibilities in The Company's occupation of property, employment of staff and the conduct of its business.
25. The Company will not be responsible for losses arising from Act of God, industrial action, manufacturing defect, adverse weather conditions, industrial fallout contamination, airborne corrosives or any other circumstances that could not reasonably been prevented or avoided by The Company.
26. The Company will not be responsible for any consequential losses of any kind howsoever arising suffered by the Client or any third party.
27. The Client will submit all claims against The Company and The Company's insurers within 2 working days of the loss or damage occurring in accordance with the procedure from time to time determined by The Company and any failure to follow such procedure may void The Company's insurance and or limit The Company's liability to the Client. The Company reserves the right to retain ownership of all replaced parts and may withhold payment until these are forthcoming.
28. Any failure by either party to enforce their rights shall not constitute a waiver of the rights of either party.
29. Any rights accruing to either party at or after completion, termination of this agreement shall survive such event.
30. English law shall govern all arrangements between The Company and the Client.