Queensmead Auto Services Ltd
STANDARD TERMS AND CONDITIONS OF BUSINESS:
Any service provided by Queensmead Auto Services Ltd (the Contractor), shall be subject to these conditions which shall be deemed to be included in any agreement whether written or implied, entered into by the Contractor with the party for whom the contractor’s services are to be provided. The contractor reserves the right to refuse to complete a movement.
Movement of Vehicles:
To provide the services, the Contractor must be provided with the fee (minimum 48 hours prior to the movement for ad-hoc jobs), the details of the vehicle, collection and destination points including postcodes and contact details, any timing requests and special instructions. Should the vehicle require handover to a specific recipient, the contractor shall not be liable if any person misrepresents their ability and authority to receive the vehicle. The contractor will require a signature (on paperwork or electronic device) at the point of collection and delivery and these signatures represent proof of collection and delivery together with associated condition. The contractor has the discretion to choose the route taken for the movement which will not necessarily be the shortest route, unless express instructions are made and agreed prior.
Insurance, Vehicle Inspection and Breakdown:
The Contractor will provide comprehensive road risk insurance cover for any damage to vehicles caused by the Contractor’s driver being at fault. The Contractor will not be liable for any further, consequential or indirect loss sustained by the Client/the Client’s Client as a result of damage to a vehicle whilst in the custody of the Contractor. The Contractor will not be liable or held responsible for non fault accidents/damage/issues. The Contractor will be paid for any movements which are required as a result of a fault/non fault incident/accident. The Contractor cannot provide insurance nor be held responsible for operational or mechanical faults and the Client will indemnify the Contractor against all accident damage or incidents arising from fault construction, fault manufacture or fault maintenance of any vehicle which the Contractor has moved on the Client’s behalf.
The Contractor cannot be held responsible for any damage/loss caused to the Client’s hand-held units.
Vehicles can only be successfully appraised and damage identified if they are clean at the time they are being appraised and weather/lighting conditions permit. The Contractor cannot accept responsibility for any damage/issues which are not detected/not possible to be detected visually by the driver. The Contractor’s drivers can only perform superficial checks to determine the immediate roadworthiness of the vehicle such as lights and tyres.
In the event of a breakdown/fault of a Client’s vehicle in the Contractor’s charge, the Contractor will charge to the Client all expenses incurred including that of the driver’s time involved and will levy a service charge based on the cost incurred by the Contractor as a result. It is the responsibility of the Client to arrange the onward movement of the vehicle but should the Contractor be requested to assist, the Contractor will use whatever method they deem fit to do so, to include consideration provided for the driver.
The Contractor shall not be liable for any loss or damage suffered by the Client or any other party arising out of the Contractor’s failure to carry out work if prevented from doing so as result of any dispute/incident/natural event/act of God/force majeure/outbreak/circumstance beyond the Contractor’s control.
Where quoted prices specifically include the cost of fuel based on fuel consumption figures supplied by the Client, the Contractor reserves the right to adjust its charges to take account of actual consumption figures obtained in practice. It should be noted that the Contractor’s quoted rates for driven vehicle movements will typically exclude the provision of fuel unless advised otherwise.
The Contractor will provide fuel for vehicles where this is required specifically by the Client or where this is deemed necessary by the Contractor or its staff to complete a vehicle delivery without the vehicle running out of fuel.
Vehicle Standards and Health and Safety:
The Client will, without exception, take full responsibility for ensuring that all vehicles that the Contractor shall be asked to move will be legal/roadworthy/fit for purpose and the Client shall ensure that all such vehicles comply in all respects with current legislation including all Acts, Regulations Licences and amendments thereto. The Client will not permit, encourage or coerce Queensmead or any of its staff or drivers to drive any vehicle which does not comply to these requirements.
All vehicles unless specifically advised will be taxed, MOT’d and where applicable custom cleared (with associated paperwork in place).
The Client shall ensure that their premises are safe for the Contractor’s employees/servants/agents to carry out the work which is the subject of these conditions.
Charges and Invoicing:
The costing of all Quotations shall be based on the cost of public transport, labour, fuel, VAT, Employer’s National Insurance contribution and other outgoings and overheads at the date of the Quotation. In the event of increases after the date of the quotation in wages and the other costs referred to above by reason of Government legislation but before the movement has been completed, the Contractor shall have the right to adjust its charges appropriately.
Movements aborted/amended after 12noon on the working day prior to delivery/collection will be charged on at full cost. Movements aborted, rejected or which fail on day of delivery/collection will be charged on at full cost and any resultant costs such as fares/additional time etc. incurred as a result of the aborted move, will be charged on at cost. Vehicles in such cases will be stored (with cost) and returned as soon as possible. If the movement is a key for key and the cancellation of the delivery car results in the cancellation of the collection car, the collection car will be charged also.
Where a driver is required to spend time on behalf of the Client not allowed for in the quotation e.g. vehicle not ready etc., the Contractor shall charge the client for all such time and any resultant expenses. The job may have to be aborted and charged if it is not possible for the driver to spend extra time.
The rates quoted for vehicle delivery are based on the specification provided by the Client at inception and are based on normal daily working routines and practices. Certain requirements will incur a supplementary charge and are available on request, for example, driver’s night out allowance, Saturday/Sunday/bank holiday movements, waiting time/evening/anti-social hours movements, any other act or service required by the Client other than the straightforward collection/delivery of a vehicle. This list is not exhaustive but by way of example. Fuel so provided, tolls, parking, postage (including envelopes) and cleaning will be recharged to the Client at a sum equal to the cost to the Contractor plus, if necessary, an additional sum to cover the administrative expense.
The Contractor is providing a service on the basis that the Client will not be entitled to deduct or set off against any monies due to or that become due from the Client in respect of any one contract or service hereunder any sums or sums whatsoever which the Contractor is or may become liable to pay the client.
The Contractor will invoice the Client monthly and the invoices will be due for payment 30 days nett from the date of invoice. The Contractor reserves the right to charge the Client an interest charge of 1.5% per month on late invoices. VAT will be charged on at the prevailing rate.
The Contractor will use its best endeavours using reasonable care and attention to collect and deliver vehicles at the times required by the Client but will accept no responsibility for and will not be liable for any claim, costs or action that may result in connection with late, delayed, failed collection/delivery of vehicles or a failure to fulfil any special instructions or any other circumstances beyond its control such as (but not limited to) acts of God, suspension or cancellation of services, lockdown, industrial action, criminal, malicious or negligent acts or omissions, or other circumstances which may it problematic to make/continue the vehicle movement.
The vehicle must be available for collection from 7.30am on the day of the movement unless specific arrangements have been made. Tradeplates are not normally carried by the driver, so a move requiring tradeplates needs to be specified at the time of booking.
Any paperwork due for return will be ideally be posted same day by 1st class post but as a minimum standard posted by 2nd class Royal Mail within 48 hours of the movement.
In the unlikely event of a complaint, the Contractor should be contacted by email/in writing within 48 hours of the movement date. It shall be assumed that if no claim against the Contractor in respect of alleged negligence by the Contractor, its servants, agents or any alleged defect in the Contractor’s plant/machinery/vehicles or in respect of any other matter is received by the Contractor by email/in writing within 48 hours, the services specified herein are giving satisfaction to the Client and are performed efficiently.
Warranties, indemnity and liability:
The Client undertakes and guarantees that:
They are authorised to enter into this agreement with the Contractor and are the authorised agent/owner of the vehicle requiring movement.
The Contractor shall not be liable to the Customer in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by the Client of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill.
The Client shall indemnify and hold harmless the Contractor from and against all Claims and Losses arising from loss, damage, liability, injury to the Company, its employees and third parties by reason of or arising out of any breach of the Customer's obligations under this Agreement. 'Claims' shall mean all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise); and 'Losses' shall mean all losses including without limitation financial losses, damages, legal costs and other expenses of any nature whatsoever.
The Client will not either during their business arrangement with Queensmead Auto Services Ltd nor during the period of 12 months after the date of termination of their business relationship with Queensmead Auto Services Ltd directly or indirectly, induce, seek to induce, or employ any driver, employee or member of the administration/driving staff who was employed by Queensmead Auto Services Ltd.
Any variations in these conditions can only be made by letter signed by a director of the Contractor.
This agreement is governed by English law and if any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.