Transport T&Cs
The T&Cs below are the same as the ones on your Transport Agreement.
These are general terms and some will not apply to your transport requirements.
Specific - T&C's
Vehicle's conditions
Is
the client's responsibility:
- To make sure the vehicle is roadworthy, RVDN Transport Virgil cannot be held
responsible for faulty vehicles and defects that make the vehicle unsafe for
the public roads.
- To provide any documents relating to the vehicle's ownership.
Caravans / Trailers
Required/Should
have:
- Spare wheel or rapid repair kit
- Working braking system (required by law if over 750kg)
- Working electric lights *
- If required signs, stickers and reflectors are required by the laws of the
countries the vehicle is travelling through. **
- Hitch lock (to be applied when the driver needs to step away from the vehicle)
* (A light board can be provided if needed for the transport)
**( We can provide the required
items at cost).
example: caravans
exceeding 12 metres in length including the towing vehicle must have 2 Marker Boards in the rear
Personal Items
- RVDN Transport Virgil will not take responsibility for any personal items left in a vehicle or for damages done to the vehicle for breaking in the attempt made by someone to steal the items inside.
- You may not, without my prior consent, put household/personal items in a vehicle of which I have no knowledge.
- If you request personal/household items to be put in the vehicle, you must provide me with an inventory that will be checked before the vehicle is passed on to us
Bookings
- Whilst every effort is made to accommodate individual requests and keep to the dates requested and agreed, RVDN Transport Virgil will not be held liable for any delays that are caused by severe traffic congestion, accidents, weather, travel restrictions conditions or any other cause outside our, control.
Ports Collection/Delivery
- If I deliver to a port and am told the vehicle should have a Shipping Note which is not supplied, either the Driver or the Office Manager will contact you for a solution if the situation cannot be resolved within 15 minutes. The Vehicle will be put in a storage compound. Until the matter is resolved you will be charged: the full cost of the journey to the appropriate Storage, diesel, (tolls if applicable), and a daily storage charge will be applicable.
Customs
It is the client's responsibility to provide the necessary funds
to pay customs immediately if required by customs officials.
Any unnecessary waiting time at customs waiting for the release of driver/goods
will be charged at £50/hour after the first hour of notification for the
duration of the hold-up.
General -Terms & Conditions
'The Client is defined as any person, company, corporation individuals, limited liability partnership who instructs, authorizes, conducts or otherwise engages us in the transport, storage, repair, movement or provision of any type of vehicle.
'US' is defined as RVDN Transport Virgil.
1. RVDN Transport Virgil 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 before delivery of goods or 30 days after the date of the invoice where account facilities have been previously agreed in writing (Our quote). Any invoice outstanding beyond this period will be referred to Debt Collections Agents and will be subject to a 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 21a. below.
3. Any quotation shall, if not previously accepted, expire 7 days after issue after which time RVDN Transport Virgil may vary all elements of the quotation.
4. Any estimates made by RVDN Transport Virgil as to the date or dates upon which the services will be undertaken will be confirmed by RVDN Transport Virgil 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 RVDN Transport Virgil refuses 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 RVDN Transport Virgil apprised of its prospective requirements at least 14 days ahead of such service being required.
7. The Client shall issue RVDN Transport Virgil with sufficient information to identify 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 the appropriate written authority to collect or remove the vehicle or vehicles in question. If the specification, description, make, model, and dimensions of the vehicle(s) change between order and collection time then RVDN Transport Virgil reserves the right to change the previously quoted price and/or the terms of carriage including restricting insurance liability.
8. In the event that RVDN Transport Virgil is unable to effect delivery of any vehicle RVDN Transport Virgil 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 or for RVDN Transport Virgil 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 RVDN Transport Virgil in respect of distribution services less than five (5) working days 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 undertakes the modifications to the vehicles and the Client claim that the Client was not appropriately authorized.
11. The Client warrants that the vehicles are in a condition which will not constitute a danger to any person if driven in a responsible 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 authorizes the loading/unloading of vehicles using its own staff then RVDN Transport Virgil will not be liable for damage or loss or personal injury during the loading/unloading process.
12. The Client will indemnify RVDN Transport Virgil and The Company's employees and subcontract labour against any claim or liability if the Client instructs RVDN Transport Virgil 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 RVDN Transport Virgil who 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 is to be delivered.
14. RVDN Transport Virgil undertakes to indemnify the client in respect of any liability that may arise as a result of RVDN Transport Virgil 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 RVDN Transport Virgil fully
appraised of any industrial dispute that the client might have whether or not
such dispute is with a recognized trades union in order that RVDN Transport
Virgil 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. RVDN Transport Virgil shall be free, in the case of transportation, to determine the method, route, and order of delivery of the vehicles unless RVDN Transport Virgil shall have agreed on the same with the Client.
17. In the event that the Client shall fail to settle invoices as they fall due RVDN Transport Virgil reserves the right to exercise a lien over such vehicles of RVDN Transport Virgil shall have custody of irrespective of whether or not RVDN Transport Virgil shall have undertaken any of the services on the vehicles on the vehicles that are subject to the lien.
18. RVDN Transport Virgil reserves the right to factor, sell, discount, or pledge any unpaid bill whether or not it is outstanding.
19. The Client shall not be entitled to exercise set-off in respect of any unpaid amount due from RVDN Transport Virgil and RVDN Transport Virgil shall be entitled to apply cash received in any order or sequence as RVDN Transport Virgil 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 RVDN Transport Virgil 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 RVDN Transport Virgil of which they are company officers. If the client is a limited liability partnership (LLP), then each member agrees to be individually liable for all outstanding monies owed to RVDN Transport Virgil.
21.b. RVDN Transport Virgil shall have the right to utilize subcontract labour, facilities, and subcontract vehicles in the discharge of its obligations to perform the service.
22. RVDN Transport Virgil is not liable for any costs incurred by the customer for late or non-delivery of any vehicle whereupon it is no direct fault of RVDN Transport Virgil for such accruing. i.e. adverse weather conditions, vehicle breakdowns, delays due to circumstances out of the company's control, etc.
23. RVDN Transport Virgil shall be responsible for the vehicles from the point at which the Client or the Client's agent shall give possession of them to RVDN Transport Virgil and shall have certified the condition and completeness of the vehicles as the case may be and RVDN Transport Virgil shall cease to be responsible for the vehicles on handing 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 RVDN Transport Virgil without obtaining written permission first. Any person who boards a vehicle does so at their own risk, RVDN Transport Virgil will accept no liability whatsoever for personal injury.
24. RVDN Transport Virgil 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 the property, employment of staff, and the conduct of business. RVDN Transport Virgil 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 RVDN Transport Virgil 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. RVDN Transport Virgil 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 reasonably have been prevented or avoided by the Company.
The Transporter will not accept responsibility for:
26. RVDN Transport Virgil 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 RVDN Transport Virgil 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 RVDN Transport Virgil and any failure to follow such procedure may void the Company's liability to the Client. RVDN Transport Virgil 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, or termination of this agreement shall survive such event.
30. English law shall govern all arrangements between RVDN Transport Virgil and The Client.
31. All vehicles must be paid for on delivery or collection unless previously agreed in writing. Payments must be made by BACS or cash in GBP. Personal cheques are not accepted and clearance must be obtained on company cheques prior to the release of cars. For all credit card payments, there will be an additional 2% charge.
32. Subcontractors: All subcontractors of RVDN Transport Virgil must supply a valid POD accompanying their invoice to enable their payment to be processed.
33. New rules came into force for vehicles crossing borders to and from the UK, from the 1st of January (This should not affect Driven Services)
34. Our services include all the handling of any administration needed for customs/freight but will not include any customs VAT, Import duties, or papers/forms charges for the crossing of borders to and from the UK to the EU