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 where account facilities have been previously agreed in writing. Any invoice outstanding beyond this period will be referred to Debt Collections Agents and will be subject to 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. All debts remaining unpaid after 30 days will be subject to Clause 21a. below.
3. Any quotation shall, if not previously accepted, expire 7 days after issue after which time the Company may vary 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 acceptance of the quotation.
5. Any estimates made 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 refuses 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 identify 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. If the specification, description, make, model, dimensions of the vehicle(s) changes between order and collection time then the company reserves the right change the previously quoted price and/or the terms of carriage including restricting insurance liability.
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 change of instruction to The Company in respect of distribution services less than five (5) 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 undertake the modifications to the vehicles and the Client 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. If the client authorises the loading/unloading of vehicles using its own staff then the Company will not be liable for damage or loss or personal injury during the loading/unloading process.
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 who 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 exercises a lien over such vehicles of The Company shall have custody of irrespective of whether or not The Company shall have undertaken any of the services on the vehicles 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.a. The Client shall be responsible for all debts incurred by the actions of its employees, agents or directors. If the client is a limited company then the Directors agree to personally guarantee any debts incurred by the company of which they are company officers. If the client is a limited liability partnership (LLP), then each member agrees to individually liable for all outstanding monies owed to Advatec Transport Ltd.
21.b. The Company shall have the right to utilise subcontract labour, facilities and subcontract vehicles in the discharge of its obligations to perform the service.
22. The Company is not liable for any costs incurred by the customer for late or non delivery of any vehicle where upon it is not direct fault of the company for such accruing. i.e. adverse weather conditions, vehicle breakdowns, delays due to circumstances out of the companies control, etc.
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 handing them to the Client or a third party whether or not such party certifies the completeness and condition of the vehicles. Third Parties, Clients or any other persons may not enter, mount, board or otherwise engage with vehicles belonging to the Company without obtaining written permission first. Any person who boards a vehicle does so at their own risk, the company will accept no liability whatsoever for personal injury.
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 business. The Company will only provide insurance, and accept liability for, vehicles carried by its transporters. Any client vehicle that is delivered, collected or moved via any other means is exempt from insurance and the company will not accept any liability for any claim howsoever arising unless previously agreed in writing with the client. All vehicles will be insured under CMR Convention when travelling through Europe and under RHA Terms within the UK unless otherwise agreed in WRITING at the time of booking.
25. The Company will not be responsible for losses arising from Act of God, industrial action, manufacturing defect, adverse weather conditions, change in vehicle specification, actions of persons not employed by the company, industrial fallout contamination, airborne corrosives, cleanliness of trucks or any other circumstances that could not reasonably have 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 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.
31. All vehicles must be paid for on delivery or collection unless previously agreed in writing. Payments must be made by credit/debit card or cash. Personal cheques are not accepted and clearance must be obtained on company cheques prior to release of cars. For all credit card payments there will be an additional 2% charge.
32. Subcontractors: All subcontractors of Advatec Transport must supply a valid POD accompanying their invoice to enable their payment to be processed .