Queensmead Auto Services Ltd

STANDARD TERMS AND CONDITIONS OF BUSINESS:

Any service provided by Queensmead Auto Services Ltd (Queensmead) shall be subject to these Conditions which shall be deemed to be included in any agreement, whether written or implied, entered into by Queensmead with the party for whom Queensmead’s services are to be provided. Queensmead reserves the right to refuse a Booking.

DEFINITIONS

• ‘Agreement’ means the agreement containing these Terms and Conditions.
• ‘Booking’ means a request for services made by the Client to Queensmead, subject to acceptance by Queensmead and the provisions of this Agreement.
• 'Claims' means all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise).
• ‘Client’ means the person, firm or associated firms, or incorporated body requesting Queensmead’s services.
• ‘Queensmead’ means Queensmead Auto Services Ltd, a company incorporated under company number 2934535 whose registered office is 121 Walton Way, Aylesbury, Buckinghamshire, HP21 7JP.
• ‘Driver’ means the employee / worker / subcontractor / representative of Queensmead.
• 'Losses' means all losses including without limitation financial losses, damages, legal costs and other expenses of any nature whatsoever.
• ‘Parties’ means Queensmead and the Client, and ‘Party’ shall mean either one of them.
• ‘Rate’ means the payment rate applicable to the relevant Booking.
• ‘Services’ means any of the services agreed to be provided by Queensmead under this Agreement as agreed by the Parties on each booking or from time to time.

MOVEMENT OF VEHICLE BOOKING

To provide the services, Queensmead must be provided with the fee (minimum 48 hours prior to the movement for ad-hoc jobs), the details of the vehicle, collection and destination points including postcodes and contact details, any timing requests and special instructions. Should the vehicle require handover to a specific recipient, Queensmead shall not be liable if any person misrepresents their ability and authority to receive the vehicle. Queensmead will require a signature (on paperwork or electronic device) at the point of collection and delivery and these signatures represent proof of collection and delivery together with associated condition. Queensmead has the discretion to choose the route taken for the movement which will not necessarily be the shortest route, unless express instructions are made and agreed prior.

Movement of Vehicle Charges

Rates for Bookings relating to the Movement of Vehicles are obtainable from Queensmead on application.

Movements aborted / amended after 9 am on the working day prior to delivery / collection will be charged on at full cost. Movements aborted, rejected or which fail on day of delivery / collection will be charged on at full cost and any resultant costs such as fares, additional time, etc., incurred as a result of the aborted move will be charged on at cost. Vehicles in such cases will be stored (with cost) and returned as soon as possible. If the movement is a key for key and the cancellation of the delivery car results in the cancellation of the collection car, the collection car will be charged also.

Where a driver is required to spend time on behalf of the Client not allowed for in the quotation, e.g., vehicle not ready, etc., Queensmead shall charge the Client for all such time and any resultant expenses. The job may have to be aborted and charged if it is not possible for the driver to spend extra time.

Where quoted prices specifically include the cost of fuel / electric recharging based on fuel / electric consumption figures supplied by the Client, Queensmead reserves the right to adjust its charges to take account of actual consumption figures obtained in practice. It should be noted that Queensmead’s quoted rates for driven vehicle movements will typically exclude the provision of fuel / electric recharging unless advised otherwise.

Queensmead will fuel / charge vehicles where this is required specifically by the Client or where this is deemed necessary by Queensmead or its Drivers to complete a vehicle delivery without the vehicle running out of fuel / charge.

Service Standards

Queensmead will use its best endeavours using reasonable care and attention to collect and deliver vehicles at the times required by the Client but will accept no responsibility for, and will not be liable for, any claim, costs or action that may result in connection with late, delayed, failed collection / delivery of vehicles or a failure to fulfil any special instructions or any other circumstances beyond its control such as (but not limited to) acts of God, suspension or cancellation of services, lockdown, industrial action, criminal, malicious or negligent acts or omissions, or other circumstances which make it problematic to make / continue the vehicle movement.

The vehicle must be available for collection from 7.30 am on the day of the movement unless specific arrangements have been made. Trade plates are not normally carried by the Driver, so a move requiring trade plates needs to be specified at the time of booking.

Any paperwork due for return will ideally be posted same day by 1st class post but, as a minimum standard, posted by 2nd class Royal Mail within 48 hours of the movement.

SUPPLY OF DRIVER BOOKING

Queensmead’s Obligations

Queensmead will use its reasonable endeavours to procure that the services of Queensmead’s Driver are supplied for the duration of a Booking, but this cannot be guaranteed, whether for all or any part of the period.

The Client accepts that no liability attaches to Queensmead for not supplying the services of Queensmead’s Driver for part of and / or the whole period of a Booking.

Driver provision is subject to Driver availability.

If, in the reasonable opinion of the Client, Queensmead’s Driver fails to perform the services satisfactorily, the Client shall notify Queensmead immediately (and in any event within 4 hours of the Client forming such an opinion) and shall do so in writing, giving reasons, and Queensmead shall use its reasonable endeavours to procure that a suitable replacement Queensmead’s Driver is available to perform the services as soon as possible.

If, after receipt by Queensmead of the Client’s notification of unsatisfactory performance, no such replacement is available within a reasonable period, the Client may terminate the Booking with immediate effect by written notice.

Queensmead shall be entitled from time to time, without prejudice to the other terms of these Terms, to offer the Client a replacement Queensmead’s Driver, provided that the Client shall be under no obligation to accept any such replacement if, in the Client’s reasonable opinion, such replacement is not suitable (whether by reason of experience, training, qualifications or any authorisation which the Client considers are necessary to perform the services, or which are required by law or by any professional body).

The Client's Obligations

The Client warrants and confirms that it has given to Queensmead sufficient information for Queensmead properly to consider Queensmead’s Driver’s suitability to perform the Booking.

The Client agrees that, if Queensmead’s Driver fails to have the experience, training, qualifications or any authorisation which the Client considers are necessary, or which are required by law or by any professional body, Queensmead shall have no liability to the Client in respect of this.

The Client shall:

make sure all sites are safe and secure.

make clear to Queensmead’s Driver what rules apply in respect of the Client's sites, including health and safety and site and security regulations.

if, the wearing of a brand-specific uniform is required, supply this uniform at no cost to Queensmead. Queensmead’s Driver will otherwise be appropriately attired for driving work.

check and sign timesheets (in a form approved by Queensmead), verifying the number of hours worked by Queensmead’s Driver and evidencing satisfactory performance of the Booking (or any part of the Booking) by Queensmead’s Driver.

accept, for invoicing purposes, Queensmead’s Driver’s own record of working times in the absence of having been available to check and sign the timesheet.

supervise and direct Queensmead’s Driver’s performance while Queensmead’s Driver is engaged in the performance of the Booking, and notify Queensmead immediately (and, in any event, within 4 hours) if it is dissatisfied with the performance by Queensmead’s Driver.

be responsible for ensuring that Queensmead’s Driver complies with all relevant provisions of the Transport Act 1968 and all other relevant legislation, and it is the Client’s responsibility to take proper steps in relation to the insurance, maintenance and safety of vehicles and legality of documents.

accept that it has sole responsibility and control over the actual journeys, timings of required breaks, hours of work and all statutory duties of Queensmead’s Driver (9 working hours, 2 x 15-minute breaks and a 30-minute lunch break are the standard terms for any Queensmead’s Driver).

notify Queensmead before the commencement of the week in question if the Client requires or may require the services of Queensmead’s Driver for more than 48 hours in any week.

if it requires Queensmead’s Driver to provide services of a different nature from those originally requested or work in excess of 10 hours in a day, contact Queensmead prior to the services commencing to discuss the requirements and agree the terms.

The Client shall not:

ask Queensmead’s Driver to complete work involving heavy lifting, dangerous loads or dirty environments.

without limitation to the above, commit any act or omission constituting unlawful discrimination or harassment of Queensmead’s Driver in connection with the performance of the Booking.

cause Queensmead to be in breach of its obligations under the Working Time (Road Transport) Regulations 2005.

Important Health and Safety Information

For all health and safety matters, the Client is required by law to treat Queensmead’s Driver as if they were a worker of the Client. For example, the Client must:

make Queensmead’s Driver aware of the Client's Health & Safety Policy.

assess and notify Queensmead’s Driver of health and safety risks and put in writing the result of its assessment if the Client engages five or more people.

tell Queensmead’s Driver the name of the Client's authorised Health and Safety representative and first aider.

ensure that Queensmead’s Driver wears the protective clothing and equipment suitable for the work they are going to do.

make Queensmead’s Driver aware of all the necessary health and safety requirements, risks and procedures at all sites.

record any accidents or injuries in the Client's accident record book and, if necessary, tell the Health & Safety Executive.

Acknowledgements and Liability

Nothing contained in these Terms shall in any way constitute Queensmead’s Driver as the worker of the Client.

The Client acknowledges that:

it shall have in place all necessary insurance. This is to include, but is not limited to, liability insurance and fully comprehensive vehicle insurance with a reputable provider for each and every vehicle being used by Queensmead, together with a valid Road Fund licence and MOT, where applicable. The Client shall fully indemnify Queensmead and its personnel against any claims for damage to property or personal injury, however caused, or against any claim for insurance excess.

Queensmead’s Driver is not supervised on a day-to-day basis by Queensmead and Queensmead does not indicate acceptance of any liability for its Driver’s acts or omissions.

should it entrust Queensmead’s Driver’s with the handling of money, securities, valuables, negotiable documents or confidential information, it does so at its sole risk.

only the Client is in a position to assess and insure against risks in respect of, or during or arising out of, Queensmead’s Driver’s performance of the Booking.

Queensmead shall not be liable for any Losses arising out of:

any act or omission or misrepresentation (whether before or after the date of these Terms) of Queensmead’s Driver;

any special, indirect or consequential damages or loss; or

any loss of profit, business, revenue, goodwill, anticipated savings and / or any claims made under third party contracts, arising out of any failure by Queensmead to perform any obligations under these Terms, but so that nothing in this clause shall operate to exclude or limit liability for fraud.

Supply of Driver Charges

Rates for Bookings relating to the Supply of Drivers are obtainable from Queensmead on application.

For the avoidance of doubt, in the calculation of the sums due to Queensmead in relation to the services performed by Queensmead’s Driver, a timesheet shall be conclusive evidence that the services of Queensmead’s Driver have been performed to the satisfaction of the Client at the times and for the total period of time set out in such timesheet. This timesheet will be signed, where possible, by a representative of the Client, or not signed, where a representative of the Client is not available or it is not possible to get Queensmead’s Driver's timesheet (for example, Queensmead’s Driver does not return to base or the site at the end of the day or the week).

If the Client disputes the hours claimed, it shall inform Queensmead without delay and shall co-operate with Queensmead to establish the hours worked by Queensmead’s Driver.

Failure by the Client to sign any such timesheet does not absolve the Client from its obligation to pay Queensmead the fees for the services.

Queensmead is responsible for payment of Queensmead’s Driver.

The Client agrees to pay Queensmead the Rate (plus VAT) for the services of Queensmead’s Driver for all hours worked (9 hours each day minimum unless agreed otherwise) and statutory breaks plus travelling and other expenses as agreed with the Client which shall be shown separately on Queensmead’s invoice in addition to the hourly charges.

In the event that the requirement for a Driver on any given day is cancelled after 9 am on the working day prior then a cancellation fee of one full day rate will be charged.

The charges made by Queensmead to the Client for the services of Queensmead’s Driver are confidential and should not be disclosed to Queensmead’s Driver.

The Client shall not pay Queensmead’s Driver directly under any circumstances.

VEHICLE STANDARDS AND HEALTH AND SAFETY

The Client will, without exception, take full responsibility for ensuring that all vehicles that Queensmead shall be asked to move will be legal / roadworthy / fit for purpose and the Client shall ensure that all such vehicles comply in all respects with current legislation including all Acts, Regulations, Licences and amendments thereto. The Client will not permit, encourage or coerce Queensmead or Queensmead’s Driver to drive any vehicle which does not comply to these requirements.

All vehicles unless specifically advised will be taxed, MOT’d and, where applicable, custom cleared (with associated paperwork in place).

The Client shall ensure that its premises are safe for Queensmead’s Driver to carry out the work which is the subject of these Conditions and will make Queensmead’s Driver aware of all the necessary health and safety requirements, risks and procedures at its premises.

INSURANCE, VEHICLE INSPECTION AND BREAKDOWN

Queensmead will provide comprehensive road risk insurance cover for any damage to vehicles caused by Queensmead’s Driver being at fault for any Movement of Vehicle Booking. For Supply of Driver Bookings, the Client shall have in place all necessary insurance, to include, but not limited to, liability insurance and fully comprehensive vehicle insurance with a reputable provider for each and every vehicle being used by Queensmead, together with a valid Road Fund licence and MOT, where applicable. The Client shall fully indemnify Queensmead and its personnel against any claims for damage to property or personal injury, however caused, or against any claim for insurance excess.

Queensmead will not be liable for any further, consequential or indirect loss sustained by the Client / the Client’s Client as a result of damage to a vehicle whilst in the custody of Queensmead. Queensmead will not be liable or held responsible for non-fault accidents / damage / issues. Queensmead will be paid for any movements which are required as a result of a fault / non fault incident / accident. Queensmead cannot provide insurance, nor be held responsible, for operational or mechanical faults and the Client will indemnify Queensmead against all accident damage or incidents arising from fault construction, fault manufacture or fault maintenance of any vehicle which Queensmead has moved on the Client’s behalf.

Queensmead cannot be held responsible for any damage / loss caused to the Client’s electronic / hand-held units.

Vehicles can only be successfully appraised and damage identified if they are clean at the time they are being appraised and weather / lighting conditions permit. Queensmead cannot accept responsibility for any damage / issues which are not detected / not possible to be detected visually by the Driver. Queensmead’s Drivers can only perform superficial checks to determine the immediate roadworthiness of the vehicle such as checks of lights and tyres.

In the event of a breakdown / fault of a Client’s vehicle in Queensmead’s charge, Queensmead will charge to the Client all expenses incurred including, where applicable, that of the Driver’s time involved, and will levy a service charge based on the cost incurred by Queensmead as a result. It is the responsibility of the Client to arrange the onward movement of the vehicle but, should Queensmead be requested to assist, Queensmead will use whatever method it deems fit to do so, to include consideration provided for the Driver.

Queensmead shall not be liable for any loss or damage suffered by the Client or any other party arising out of Queensmead’s failure to carry out work if prevented from doing so as result of any dispute / incident / natural event / act of God / force majeure / outbreak / circumstance beyond Queensmead’s control.

CHARGES AND INVOICING

The costing of all Quotations shall be based on the cost of public transport, labour, fuel, VAT, Employer’s National Insurance contribution and other outgoings and overheads at the date of the Quotation. In the event of increases after the date of the quotation in wages and the other costs referred to above by reason of Government legislation but before the Booking has been completed, Queensmead shall have the right to adjust its charges appropriately.

The rates quoted are based on the specification provided by the Client at inception and are based on normal Monday to Friday daily working routines and practices. Certain requirements will incur a supplementary charge and are available on request, for example, Driver’s night out allowance, Saturday / Sunday / Bank Holiday Bookings, waiting time, anti-social hours, any other non-standard act or service required by the Client. This list is not exhaustive but by way of example. Fuel so provided, tolls, parking, postage (including envelopes) and cleaning will be recharged to the Client at a sum equal to the cost to Queensmead plus, if necessary, an additional sum to cover the administrative expense.

Queensmead is providing a service on the basis that the Client will not be entitled to deduct or set off against any monies due to, or that become due from, the Client in respect of any one contract or service which Queensmead is or may become liable to pay the Client.

Queensmead will invoice the Client monthly and the invoices will be due for payment 30 days nett from the date of invoice. Queensmead reserves the right to charge the Client an interest charge of 1.5% per month on late invoices. VAT will be charged on at the prevailing rate.

COMPLAINT PROCEDURE

In the unlikely event of a complaint, Queensmead should be contacted by e-mail / in writing within 48 hours of the movement date. It shall be assumed that if no claim against Queensmead in respect of alleged negligence by Queensmead, its servants, agents or any alleged defect in Queensmead’s plant / machinery / vehicles or in respect of any other matter is received by Queensmead by e-mail / in writing within 48 hours, the services specified herein are giving satisfaction to the Client and are performed efficiently.

WARRANTY, INDEMNITY AND LIABILITY

The Client undertakes and guarantees that:

It is authorised to enter into this agreement with Queensmead and is the authorised agent / owner of any vehicle requiring movement.

Queensmead shall not be liable to the Client in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by the Client of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill.

The Client shall indemnify and hold harmless Queensmead from and against all Claims and Losses arising from loss, damage, liability, injury to Queensmead, its employees and third parties by reason of or arising out of any breach of the Client's obligations under this Agreement.

OTHER

The Client will not, either during their business arrangement with Queensmead, nor during the period of 12 months after the date of termination of their business relationship with Queensmead, directly or indirectly induce, seek to induce, or employ any Driver, employee or member of the administration or driving staff who was employed / contracted by Queensmead.

Any variations in these conditions can only be made by letter signed by a director of Queensmead.

This Agreement is governed by English law and if any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.