Terms and Conditions 2021
Posted on 1st December 2021 at 14:54
Terms and Conditions: Ecomotive Logistics
Wherever the term “the company” is referred to in these terms and conditions this refers to Mallock Ltd T/A Ecomotive Logistics
Wherever the term “the customer” or “you” is referred to in these terms and conditions this means any organisation or person who requests services and/or engages in business with “the company”
These terms and conditions supersede all others issued.
1: All prices quoted are exclusive of but not limited to including tolls, dock fees, congestion charges, fuel and other ad hoc expenses & VAT and other taxes prevailing at the time of invoice.
2: The company will make all reasonable effort to complete all deliveries in a timely manner as agreed at the time of the booking. The company cannot be held responsible for failure or delay in conducting all our obligations under the contract arising out of any cause outside our reasonable control. In such circumstances we shall be entitled by notice to terminate the contract in whole or in part without incurring any liability whatsoever to the customer.
3: The company reserves the right, at its discretion, to charge waiting time at the current rate as agreed between the company and the customer for any delay in collecting or delivering the vehicle that is outside the control of the company.
4: It is the duty of the customer to ensure that all vehicles to be moved by the company by road are roadworthy and have a current and valid MOT.
5: In the event of a breakdown and where the vehicle is not covered by the manufacturer’s breakdown recovery, the company can provide this service at a charge of £98.75 + VAT for a call-out only. Recovery for up to 20miles is included. Additional mileage is charged at £1.99 + VAT per mile (Recovery charges are correct as of September 2021 and subject to change by the AA - we will pass on the total AA charge) charged form the recovery company home base to the breakdown then to the delivery destination then back to the recovery company home base.
During office hours (Monday to Friday 8:30 am to 17:30 pm) we will inform you of a breakdown as soon as we are made aware, providing the vehicle is in a safe place and the driver is not at risk we will allow 30 minutes leeway for you to advise on how you wish to proceed, any longer than 30 minutes we reserve the right to arrange our own recovery, and this will be chargeable to you as above.
We will always make reasonable attempts to get permission from you prior to incurring any costs. However, if the breakdown occurs out of office hours (Monday to Friday 17:30 pm to 8:30 am and at weekends and Bank Holidays) and the vehicle cannot be left in a safe place, or where this is not possible because we are unable to obtain consent due to a responsible person not being available within 30 minutes of you being informed of said breakdown and/or the vehicle is in a dangerous location we reserve the right to instruct a breakdown/recovery agent to attend to ensure that the vehicle is repaired at a minimum to allow safe passage to a place of safety or where no repair is possible the vehicle is conveyed to a suitable safe and secure location awaiting your further instructions and invoice you for these costs.
If the vehicle can be left safely and securely, we will inform you during office hours the following working day.
6: The company will not be held responsible for any unavoidable and non-fault damage caused by road debris i.e.. stone chips to the bodywork or glass except where the company Stone Chip Protection Insurance has been purchased. (a copy of what this covers, and cost is available upon request)
7: No responsibility will be accepted for any tyre or roadwheel damage caused by circumstances outside the control of the company or its representative(s) however caused. This includes but is not limited to punctures or any failure of the roadwheel or tyre.
8: The company will not accept any administration charge levied by the customer relating to any vehicle that is in the company’s control or custody whether relating to motoring offences, PCN’s or any other matter.
9: The company requires all personal items to be removed from any vehicle prior to the company taking custody or control unless agreed by prior arrangement in writing. The company will not be held responsible for any items left in any vehicle and are left in the vehicle entirely at the customer’s risk.
10: Full payment is to be made within 30 days of the date of the invoice. Queries raised after this period will not affect the invoice which must be paid within the stated 30 days.
11: Any queries must be raised within 14 days of the invoice being raised by the company. Queries raised after the 14-day period has expired will not affect point 4.
12: Once a vehicle has been signed for by the customer then it is no longer the responsibility of the company and any claims for damage will not be considered.
13: All prices quoted are exclusive of VAT and other taxes prevailing at the time of invoice, including tolls, dock fees, congestion charges, fuel and other ad hoc expenses.
14: We reserve the right to charge legal or collection charges where it is necessary to obtain payment from a customer. We also understand and may exercise our statutory right of interest and compensation under the late payment of Commercial Debts (Interest) Act 1998 if we are not paid within our credit terms. Interest is currently charged at 5% above Barclays Bank’s base rate. A charge of at least £25 + VAT will be made on individual seriously overdue invoices (over 90 days from the date of the invoice). In the event of a cessation of business from the customer we, or our agents reserve the right to enter the customer premises and remove goods or chattels owned by the customer in payment for the debt.
15: These terms and conditions shall be governed by the laws of England and shall be subject to the exclusive jurisdiction of the courts of England or Wales.
16: Electric vehicles should be fully charged at the point of collection. If a vehicle needs to be charged en-route waiting time will be charged at £24 + VAT per hour and the costs levied by the charger used. The correct charging cable must also be provided with the car.
These terms and conditions are applicable with immediate effect, superseded all previous terms and conditions, and it is the customer’s duty to ensure that they are aware of any changes relating to these terms and conditions at the time of placing an order. Printed copies are available upon request.
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