1. Falkirk Car Carriers Limited (“the Company") undertakes to transport and/or store certain vehicles and other property (“vehicles”) for the Customer and to perform any other services in accordance with the instructions of the Customer ("the service") only in accordance with these terms and conditions. The Company shall have the right to utilise subcontractors in the discharge of its obligations to perform the service.
2. An account Customer is a Customer who has agreed periodic account facilities with the Company. All Account Customer invoices are due for payment 14 days after the date of invoice. Any other Customer invoices are payable immediately. Any invoices outstanding beyond this period may be referred to Debt Collection Agents and will be subject to a surcharge of not less than 20% 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 legally enforceable. In the event of late payment the Company shall be entitled to immediate payment of all invoices in respect the service provided. The Company reserves the right to factor, sell, discount or pledge any unpaid invoice.
3. Any quotation shall, if not previously accepted, expire after 7 days following which the Company may withdraw from or vary any or all elements of the quotation.
4. Any estimates made by the Company as to date or time for performance of the service will be confirmed by the Company on the Customers’ acceptance of the quotation. Any such estimates as to the date and time of performance of the service are only business estimates and cannot be guaranteed. In the event that performance is delayed or the Company refuses or cannot provide a service for any reason, no liability whether direct, indirect or otherwise will accrue to the Company.
6. In the event that the Customer shall require the service to be performed on a regular basis or on multiple vehicles or multiple batches of vehicles the Customer undertakes to keep the Company appraised of its prospective requirements at least 14 days ahead of the service being required.
7. The Customer shall provide the Company with sufficient information to identify the vehicles to be handled 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 vehicles for any reason, the Company may take such vehicles to a store for collection either by the Customer or by the person to whom they were to have been delivered, or alternatively for the Company to attempt a second delivery on the instructions of the Customer. All costs for removal of vehicles to storage, the charges for the storage, any further or attempted delivery shall be in addition to the cost of transport or contained in the quotation and shall be the responsibility of the Customer. Whist in storage, vehicles shall be entirely at the risk of the Customer.
9. In the event that the Customer shall cancel or amend any instruction to the Company without sufficient notice, ie. in respect of transport services one working days’ notice and in respect of any other services five working days’ notice, a cancellation or amendment fee equal to the Company’s charges for the service shall be payable to the Company.
10. The Customer warrants that it is the owner of the vehicles and/or the authorised agent of the owner of the vehicles and accepts these terms and conditions on their own and the owner’s behalf. The Customer warrants that it and/or the owner are entitled to part with and take possession of the vehicles and to undertake any work on, and give any necessary instructions in respect of the vehicles. The Customer undertakes to indemnify the Company in respect of all costs arising as a result of the breach of this or any other warranty.
11. The Customer warrants that vehicles are in a condition which will not constitute a danger to any person. This includes but is not limited to, danger from components detached or fluids leaking from the vehicle.
12 The Customer will indemnify the Company and the Company’s employees and agents, including subcontractors, against any claim or liability if the Customer instructs The Company to park or drive any vehicle on the public highway and the vehicle is not in a fit state to be used on the public highway. The Company shall be entitled to refuse any such instructions to transport such vehicles.
13. The Customer will indemnify the Company against any liability that the Company may have to its employees and agents, including subcontractors arising out of any breach by any third party of health and safety legislation or procedures including but not limited to the Customer and occupiers of property to which vehicles are to be delivered.
14. The Customer undertakes that it will keep the Company fully appraised of any industrial dispute that the Customer 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 services.
15. The Company shall be free, in the case of transportation, to determine the method, route and order of delivery of vehicles unless the Company shall have agreed the same in writing with the Customer.
16. The Company shall have a general and particular lien on all vehicles and/or other property or documents relating thereto (“property”) belonging to the Customer or owner in its possession or control for any sums due at any time from the Customer or owner. Storage charges shall continue to accrue for any property held under lien. The Company shall be entitled, on at least 28 days’ notice in writing to sell or dispose of such property by any convenient means as agent of and at the expense of the Customer. Any disposal proceeds raised shall be applied first to satisfy the outstanding balance due to the Company, including interest and costs (including the costs of disposal). Any balance outstanding shall be returned to the Customer or owner as appropriate.
17. The Customer shall not be entitled to exercise any right of set off in respect of any unpaid amount due. The Company shall be entitled to apply payments received in any order or sequences as the Company shall at its discretion determine.
18. The Customer shall be responsible for any VAT or other duty tax or other liability that may fall due in respect of the service and insofar as the Company may be required to pay and recover such sums this shall not affect the Customers’ liability to pay such sums.
19. In the event that there shall be a variation in the price of diesel fuel or 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 services to recover in full any increase or charge.
20. The Company shall be responsible for vehicles from the time at which they take possession of them and the Customer or agent shall have certified the condition and completeness of vehicles as the case may be and the Company shall cease to be responsible for the vehicles on tendering them for delivery to the Customer or third party whether or not such party certifies the completeness and condition of the vehicles.
21. 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. Details of the policy coverage may be provided on request. The Company shall have no liability to the Customer and/or any other party other than as provided for in the relevant policy of insurance. Notwithstanding the above, any second hand vehicles are carried at the Customer’s sole risk and the Company shall have no liability for such vehicles unless such loss can be demonstrated to have arisen as a result of the wilful misconduct of the Company, its servants or agents.
22. The Company shall not be responsible for losses from acts of God, industrial action, manufacturing defects, adverse weather or traffic conditions, industrial fallout contamination, airborne corrosives or any other circumstances that could not reasonably been prevented or avoided by the Company.
23. The Company shall not be responsible for any consequential losses of any kind howsoever arising suffered by the Customer or any third party.
24. The Customer will submit all claims against the Company and the Company’s insurers within 3 working day of the loss or damage occurring in accordance with procedure from time to time determined by the Company. Failure to follow such procedure may void the Company’s insurance. The Company reserves the right to retain ownership of all replaced parts and may withhold payment until these are forthcoming.
25. Any failure by either party to enforce their rights shall not constitute a waiver of rights of either party.
26. Any right accruing under these conditions to either party at or after completion or termination of this agreement shall survive such event.
27. These conditions and any contract to which they apply shall be subject to English law and jurisdiction, save in respect of any service provided to Customers in Scotland, to which Scottish law and jurisdiction shall apply.
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