1. THESE TERMS
1.1 What do these terms cover.
These are the terms and conditions on which we provide vehicle
transportation services to you (referred to in these terms as the “services”).
1.2 Why you should read them.
Please read these terms carefully before you submit your request for
services to us. These terms tell you who we are, how we will provide
services to you, the extent of our liability in providing services to you, 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
We are Undercover Movements. You can contact us by telephone at
07478657446, by filling in our online enquiry form at
either www.undercovermovements.co.uk or by emailing us at
enquiries@undercovermovements.co.uk
3. PROVIDING THE SERVICES
3.1 When we will provide the services.
We will provide the services on the dates and for the period agreed
between us in writing or, in the event that no such dates or periods are
agreed on a rolling basis until the contract is terminated in accordance with
these terms and conditions.
3.2 We are not responsible for delays outside our control.
If our performance of the services is affected by an event outside our
control, then we will take steps to minimise the effect of the delay and/or
disruption. We will not be liable for delays or disruption caused by an event
outside of our control but if there is a risk of substantial delay or disruption
you may contact us to end the contract.
3.3 If you do not deliver your vehicle to us or make your vehicle
available to us on the agreed date.
If it has been agreed between us that, to enable us to provide the services,
you will deliver your vehicle to us by a certain date and you do not deliver
your vehicle to us by that date or if it has been agreed between us that your
vehicle will be made available for us to collect on an agreed date and it is
not, then we may charge you additional costs incurred as a result ie; any
costs incurred by us as a result of having to arrange additional transport for
your vehicle.
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 any of the
vehicles that you require us to transport have a replacement cost of more
than £800,000. This enables us to quote accurately for the transport
movement. If you do not notify us that any of the vehicles have a
replacement cost of more than £800,000 at the time of your booking
request, we will base our transport quote and plan our services based on a
replacement cost of £800,000 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 one or more vehicles is in excess of £800,000
(see clause 4.5).
4.2 When we are liable for the cost of repair to damage to, or the
destruction of, your vehicle.
Subject to the caps on our liability set out in clauses in 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 services to you. 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
that 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 is provided after we have
already accepted your booking request.
In the event that you notify us that any of your vehicles have a replacement
cost of more than £800,000 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 services and/or price of the services as necessary in order to cater for
the increased risk to us. If you do not agree to the change in services or
price, we shall be entitled to terminate the contract without liability. If we
continue to provide the services to you in respect of such vehicle and you
have not agreed such change in the services and/or the price or we have
not sought to make any change to the services and/or the price, the
provisions of clause 4.3 or 4.6 (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 any of your vehicles have a
replacement cost of more than £500,000 in accordance with clause 4.1 or
clause 4.3 above and we continue to provide the services 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 and for loss of and/or
theft of your vehicle shall be limited to the lower of: (i) £800,000 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 any of your
vehicles have a replacement cost of more than £800,000 and an
agreement or confirmation in writing by us to continue to provide services
and 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 4.4 for a higher cap on our liability.
4.5 Limit and exclusion of liability if you are a business or using the
services for business purposes.
If you use the services 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 clauses 4.4,
4.5, and 4.6, our total liability to you under the contract shall be limited to
100% of the price paid and/or payable for the services.
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 services to a
third party, you acknowledge that the contract with the third party to provide
the services is with you. Our contract to provide the services 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 services (or any part thereof).
6. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the services, 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 services, 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 change.
7. OUR RIGHTS TO MAKE CHANGES
In addition to our right to make changes to the services and/or price of the
service under clause 4.3, we may also change the services 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 a 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 services
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 services 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
services you have ordered, and you do not wish to proceed
(c) there is a risk the services may be significantly delayed because of
events outside our control
(d) we have not provided the services 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 vehicle transportation
services without a good reason and you are a consumer.
Once your booking request for vehicle transportation services 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 your breaking the contract.
8.3 What happens if you end the contract for vehicle transportation
services without a good reason and you are a business.
Once your booking request for vehicle transportation services 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.
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 services including but not
limited to collection and delivery details or vehicle information
(c) you do not deliver your vehicle or make your vehicle available to us to
enable us to provide the services 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 any of your vehicles have
a replacement cost of more than £800,000 after we have accepted your
booking request and you do not accept any of the resulting changes that
we need to make to the services 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 services not received.
10. IF THERE IS A PROBLEM WITH THE SERVICES
How to tell us about problems. If you have any questions or complaints
about the services, please contact us. You can contact us at the details in
clause 2.1 above.
11. PRICE AND PAYMENT
11.1 The price for the services.
The price of the services will be the price agreed between us in writing
unless we have agreed on another price in writing, or we have
subsequently agreed on an alternative price in accordance with clause 4.3.
11.2 When you must pay and how you must pay.
You must pay the price for the services in accordance with the mechanism
agreed between us in writing by such method as is agreed between us in
writing.
11.3 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
may charge interest to you on the overdue amount at the rate of 4% a year
above the base lending rate of The Bank of England from time to time. 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.
11.4 We can change payment terms if you pay late.
If you do not make any payment to us by the due date, we may also
change the payment terms previously agreed with you, so as to require you
to pay us in advance for any further services.
12. OTHER IMPORTANT TERMS
12.1 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another
organisation. We will contact you to let you know if we plan to do this. If you
are unhappy with the transfer, you may contact us to end the contract
within 14 days of us telling you about it and we will refund you any
payments you have made in advance for services not provided.
12.2 Nobody else has any rights under this contract.
This contract is between you and us. No other person shall have any right
to enforce any of its terms.
12.3 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.
12.4 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 services, we can still require you to make the payment at a
later date.
12.5 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 the services in the English courts. If you live in
Scotland, you can bring legal proceedings in respect of the services in
either the Scottish or the English courts. If you live in Northern Ireland, you
can bring legal proceedings in respect of the services in either the Northern
Irish or the English courts.