Advatec
Terms & Conditions
‘The Client’ is defined as any person, company, corporation
individuals, limited liability partnership who instructs, authorizes,
conducts or otherwise engages Advatec Transport Limited in the transport,
storage, repair, movement or provision of any type of vehicle.
‘The Company’ is defined as Advatec
Transport Limited or any of its subsidiaries or parent companies.
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 .
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