©Revs Transportation Limited, Terms And Conditions For Vehicle Transportation
1. THESE TERMS
1.1 What these terms cover.
These are the terms and conditions on which we provide a vehicle transportation service. The service includes the collection and delivery of a vehicle, in a bespoke covered trailer whilst protecting your vehicle from the elements and ensuring complete privacy. The service may also be carried out with an open trailer if required. The service will always be carried out by professionals with full licences and the relevant insurances (referred to in these terms as the “Service”), in England, Scotland and Wales.
1.2 Why you should read them.
Please read these terms carefully before you submit your request for our Service. These terms tell you who we are, how we will provide the Service to you, the extent of our liability in providing the Service, how you and we may end the contract, what to do if there is a problem and other important information. If you have any queries regarding these terms, please contact us using the details set out below.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are.
We are Revs Transportation Limited, a company registered in England and Wales. Our company registration number is 11991908 and our company registered office is at 1st Floor, Seymour House, 60 High Street, Chesham, HP5 1EP.
2.2 How to contact us.
You can contact us via:
Telephone on 07564 937793
By filling out our online enquiry form at www.revstransportation.com
Or via email at Kellyfirstname.lastname@example.org
2.3 How we may contact you.
If we have to contact you, we will do so by the information you have provided us through our correspondence with you, via telephone, email or post.
3. PROVIDING THE SERVICES
3.1 When we will provide the Service.
We will provide the Service on the date agreed between us in writing.
3.2 Payment must be received in advance of our provision of the Service
Invoices will be issued to you in respect of the Service to be provided and full payment must be received a week in advance of the agreed collection date. If full payment is not received by this time, then we will cease to provide the Service immediately, and we reserve the right to claim administration charges incurred in the performance of the Service up to this point.
3.3 We are not responsible for delays outside our control.
If we are delayed or affected by something out of our control, then we will take actions to minimise the effect, delay and or disruption, and will notify you in advance. We will not be liable for delays, disruptions of failed collections/ deliveries for causes such as road works, traffic accidents, breakdowns or adverse weather conditions etc.
3.4 If you do not make your vehicle available for collection at the agreed date and time.
If it has been agreed between us that, in order for us to provide the Service, your vehicle will be made available for us to collect on an agreed date, time and location, and that either yourself or a representative you nominate will be present at the collection and delivery point to hand over the keys. If either of these things do not occur, then we reserve the right to charge you for any additional costs incurred by us in the provision of our Services up to this point and to terminate the contract.
A waiting charge of £30 per hour will be applied, with no limit, if the vehicle is not made available for collection at the agreed location within 30 minutes of the agreed collection time.
It is of paramount importance that the vehicle is easily accessible for us to perform our Service. If the trailer arrives and the vehicle cannot be loaded for any reason outside of our control, such as unsafe environment, insufficient access, problematic terrain, etc., then the job will be aborted without any refund provided.
3.6 Condition of the vehicle
Unless agreed otherwise between us in writing, your vehicle must be in full working condition. Full working condition shall be taken to mean driving forwards and backwards,
able to start with sufficient fuel, braking safely and able to steer. If the vehicle is not in full working condition, or to the particular condition agreed in writing beforehand, then we will be entitled to recoup any additional costs incurred from performing the Service with the particular vehicle.
3.7 Insurance of the vehicle
Your vehicle will be fully insured up to £250,000 by our insurance provider. If your vehicle exceeds the value of £250,000 please contact us for an individual quote so we can adjust our insurance to cover your vehicle. Please find our contact details in (clause 2.2)
3.8 Damage, cleaning and maintenance costs
In the event the vehicle in transport deposits oil or other fluids a cleaning fee may apply. In the event the vehicle in transport causes any damage to the trailer costs will be applied via our insurance cover.
4. IMPORTANT: VEHICLE VALUE AND LIMIT OF LIABILITY
4.1 Your notification obligation.
As confirmed to you already, you are required to notify us in writing prior to booking (prior to our acceptance of your booking request) if the vehicle that you require us to transport has a replacement cost of more than £250,000. This enables us to quote accurately for the transport movement. If you do not notify us that the vehicle has a replacement cost of more than £250,000 at the time of your booking request, we will base our transport quote and plan our Service based on a replacement cost of £250,000 or less. We reserve the right to amend our rate or Service provision at a later date post booking if we are made aware that the replacement cost of the vehicle is in excess of £250,000 (see clause 4.5).
4.2 When we are liable for the cost of repair to damage, or the destruction of your vehicle.
Subject to the caps on our liability set out in clauses 4.4 we will be responsible for the cost of repair to any damage to, or destruction of your vehicle caused by us while providing our Service. However, we are not responsible for any reduction in the value of your vehicle resulting from any such damage caused by us. We are also not responsible for the cost of repairing any pre-existing faults or damage to your vehicle or for damage which is caused by a third party. For the purposes of these terms, destruction of your vehicle shall be considered to have occurred when the vehicle is beyond economic repair and, in that event, where these terms provide that we will be responsible for either the cost of repair to any damage or for destruction, we shall be responsible for the destruction of your vehicle at its replacement cost (subject to any caps on liability set out in these terms).
4.3 Our right to make changes if notification provided after we have already accepted your booking request.
In the event that you notify us that your vehicle has a replacement cost of more than £250,000 after we have already accepted your booking request (and not prior to booking, as per your notification obligation in clause 4.1), we have the right (but are not obliged to) to make changes to the Service and/or price of the Service as necessary in order to cater for the increased risk to us. If you do not agree to the change of the Service or price, we shall be entitled to terminate the contract without liability. If we continue to provide the Service to you in respect of such vehicle and you have not agreed such change to the Service and/or the price or we have not sought to make any change to the Service and/or the price, the provisions of clause or 4.4 (as the case may be) shall continue to apply.
4.4 Cap on our liability if notification provided.
In the event that you notify us in writing that your vehicle has a replacement cost of more than £250,000 in accordance with clause 4.1 or clause 4.3 above and we continue to provide the Service to you in respect of such vehicle, our liability for the cost of repair to any damage caused to or destruction of your vehicle in all circumstances (other for damage caused to by fire, lightning, explosion, aircraft, earthquake, storm or flood, riot or civil commotion) and for loss of and/or theft of your vehicle shall be limited to the lower of: (i) £250,000 per vehicle damaged, destroyed, lost or stolen, or such other higher cap on our liability as is expressly agreed by us in writing; and (ii) the replacement cost of the vehicle which has been damaged, destroyed, lost or stolen. For the avoidance of doubt, a notification by you to us in writing that your vehicle has a replacement cost of more than £250,000 and an agreement or confirmation in writing by us to continue to provide a Service, which does not expressly state that we have agreed a higher cap on our liability shall not in itself constitute an express agreement by us for the purposes of this clause, for a higher cap on our liability.
4.5 Limit and exclusion of liability if you are a business or using the Service for business purposes.
If you use our Service for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Further, subject to clause 4.4 our total liability to you under the contract shall be limited to 100% of the price paid and/or payable for the Service.
4.6 We are liable for death and personal injury.
We shall be liable to you for death or personal injury caused by us and nothing in these terms and conditions shall limit or exclude or liability for this.
5. IF YOU ARE ENGAGING US AS A SUBCONTRACTOR
5.1 If you have engaged us as your subcontractor to provide the Service to a third party, you acknowledge that the contract with the third party to provide the Service is with you. Our contract to provide the Service is solely with you and you agree to make the third party aware of this fact in writing.
5.2 You hereby agree to indemnify and keep us indemnified in full against all liabilities, costs, expenses, damages and losses (including but not limited to direct, indirect and consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other professional costs and expenses suffered or incurred by us arising out of or in connection with any claim or demand made by a third party against us in connection with our provision of the Service. (or any part thereof).
6. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the Service, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Service, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the changes.
7. OUR RIGHTS TO MAKE CHANGES
In addition to our right to make changes to the Service and/or price of the Service under clause 4.3, we may also change the Service to reflect changes in relevant laws and regulatory requirements. This may mean that we need to change the estimated delivery and/or collection time for your vehicle.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 What happens if you have good reason for ending the contract.
If you are ending the contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any part of the Service which have not been provided or have not been properly provided. The relevant reasons are:
(a) we have told you about an upcoming change to the Service or these terms which you do not agree to (see clause 7);
(b) we have told you about an error in the price or description of the Service you have ordered, and you do not wish to proceed;
(c) there is a risk the Service which may be significantly delayed because of events outside our control;
(d) we have not provided the Service in accordance with the contract;
(e) you have a legal right to end the contract because of something we have done wrong.
8.2 What happens if you end the contract for our Service without a good reason and you are a consumer.
Once your booking request for our Service has been accepted by us if you end the contract for any reason other than those described in clause 8.1 (a) to (e) above, we may deduct from any monies already paid by you and/or charge you reasonable compensation for the costs we will incur as a result of you breaking the contract.
8.3 What happens if you end the contract for our Service without a good reason and you are a business.
Once your booking request for our Service has been accepted by us if you end the contract for any reason other than those described in clause 8.1 (a) to (e) above we shall retain any payment in advance that you have already made and we shall be entitled to claim compensation from you in order to compensate us for any losses and/or costs that we have incurred.
8.4 Cancellation period
A 24 hour notice period applies for cancellations or any changes to the job. No refund will be provided if we are notified of a cancellation within this 24 hour period, and with respect to any proposed changes, if we cannot agree a new pricing plan for any proposed changes within this 24 hour period, then no refund shall be given in this instance either.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract if you break it.
We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due (if you are not paying in advance) and you still do not make payment within 5 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Service including but not limited to collection and delivery details or vehicle information
(c) if you do not make your vehicle available to us to enable us to provide the Service as described in clause 3.3.
9.2 You must compensate us if you break the contract.
If we end the contract in the situations set out in clause 9.1 we may deduct from any monies already paid by you and/or charge you reasonable compensation for the costs we will incur as a result of your breaking the contract.
9.3 We may also end the contract if you notify us that your vehicle has a replacement cost of more than £250,000 after we have accepted your booking request and you do not accept any of the resulting changes that we need to make to the Service and/or price. You will not have to pay anything to us in this circumstance and we will refund to you any payments that you have made in advance for the Service not received.
10. IF THERE IS A PROBLEM WITH THE SERVICE
How to tell us about problems. If you have any questions or complaints about the Service, please contact us. You can contact us at the details in clause 2.2 above.
11. PRICE AND PAYMENT
11.1 The price for the Service.
The price of the Service will be the price agreed between us in writing, subject to any amendments to that price in accordance with clause 4.3. All quotes we provide are individually tailored to the nature of each job.
11.2 Additional charges
Congestion, toll and other such charges incidental to the collection and delivery of your vehicle will be added to the price at the point of the written agreement, however we are entitled to recoup any such charges if they are not incorporated in the written agreement. We will also have the right to recoup any unexpected charges that we incur in the performance of the Service.
If any information you provide to us is incorrect, such as a wrong postcode or an incorrect specification or your vehicle, then we will be entitled to recoup any such additional costs that this incorrect information gave rise to.
11.3 When you must pay and how you must pay.
You must pay the price for the Service in accordance with the mechanism and method agreed between us in writing.
11.4 We can charge interest if you pay late.
If you do not make any payment to us by the due date (see clause 11.2) we reserve the right to charge you interest on the overdue amount at the rate of 4% a year above the base lending rate of The Bank of England. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11.5 What to do if you think an invoice is wrong.
If you think an invoice is wrong, please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
12. OTHER IMPORTANT TERMS
12.1 Nobody else has any rights under this contract.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.2 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.3 Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Service, we can still require you to make the payment at a later date.
12 .4 Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English law and you can bring legal proceedings in respect of this Service in the courts of England and Wales.
12.5 All currency values in this contract are in pounds sterling (£).