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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 20a.
below.
3. Any quotation shall,
if not previously accepted, expire 7 days after issue after which time
the Company may vary 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 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 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. If the specification,
description, make, model, dimensions of the vehicle(s) changes between
order and collection time then the company reserves the right to waive
the to 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 respons1bile 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 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 underpaid bill whether
or not it is outstanding.
19. The Client shall not be entitled to exercise
set off in respect of any underpaid 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.
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 handling 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 reasonable 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 cars. For all credit card
payments there will be an additional 2% charge.
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