Terms and Conditions
1. Definitions
1.1 ‘The Company’
means Wescars Ltd trading as Wessex Cars acting as agents whose
principle place of business is at Unit 3 Scylla Trading Estate Winnal
Valley Road Winchester SO23 0LD.
1.2 ‘The Client’ means the person firm or organisation to whom this contract is addressed.
1.3 ‘The Services’
means the booking services provided by The
Company to The Client pursuant to this contract.
1.4 ‘Taxi Services’
means the driver and vehicle service provided by Independent Owners
properly licensed by the Local Authority and under contract to
The Company to provide the Taxi Services to The Client.
2. Formation of Contract
2.1 These
conditions shall form the basis of the contract between The Company and The Client. These conditions shall apply except so far as expressly
agreed in writing by a person authorised to sign on behalf of The
Company. No servant or agent of The Company has the power to vary these
conditions orally.
2.2 The acceptance by The Client of The Services and Taxi Services shall constitute acceptance of these conditions.
2.3 The
construction, performance and validity of these conditions and contract
shall be governed by English Law.
2.4 All notices to
be served under this contract shall be served by first class prepaid
post,facsimile message or email at the registered office or principle
trading address of the intended recipient. Notices shall be deemed
served when they would ordinarily have been received in normal business
hours according to the means of transmission of such notices.
3.Payment of Invoices
3.1 The Client
must raise any queries on any invoice within 7 days after the date of
the relevant invoice and full payment of the invoice is due within 30
days from invoice date. The Company reserves the right to charge
interest at 4% per annum above the base rate from time to time in force
of Lloyds TSB Bank plc on all overdue accounts.
3.2 If The Client
shall fail to make punctual payments of any sum due under any contract
between The Company and The Client, The Company may, at its option,
either withhold delivery of the services until the total
indebtedness of The Client to The Company has been discharged following
which The Company shall have no ongoing liability to provide The Services or Taxi Services, though all invoiced but unpaid sums shall remain due and
payable.
3.3 All legal
costs and expenses reasonably incurred by The Company in seeking to
collect overdue invoices from The Client or otherwise to enforce its
rights under this contract will be recoverable from The Client on an
indemnity basis.
4. Administration Charges
4.1 The Company
will charge an administration charge on all account invoices and this
charge will be subject to VAT at the current rate at date of invoice.
4.2 The Company will apply a card handling fee to all credit card transactions.
5. Delivery of The Services
5.1 The Company
will use all reasonable endeavours to provide The Services and the Taxi Services in a prompt and efficient manner, but due to the diverse
nature of The Services and Taxi Services and the fact that The Company
is dependant on Third parties to carry out the Taxi Services the timing
of the provision of the Taxi Services is not Guaranteed. No liability
will be accepted for any loss suffered or caused through late delivery
of The Services or the Taxi Services and time of delivery shall not be
of the essence.
5.2 The Company
provides its Taxi Services as an agent of the Independent owners and
any recourse for the provision of the Taxi Services that The Client will have will be solely against the
Independent owner.
5.3 The Services
effectively constitute a booking service. Whilst The Company uses its
best endeavours to ensure the quality and integrity of of the
independent owners The Company cannot accept liability for losses
resulting directly or indirectly from work or Taxi Services provided (or not
provided) by the independent owner.
5.4 The Company
shall not be liable for any failure to provide The Services or the Taxi Services resulting
directly or indirectly from failure by The Client to provide The Company
with correct or complete instructions. All telephone bookings are automatically recorded to safeguard The Client and our staff.
5.5 Subject to the
limitations of liability set out above The Company’s liability to The
Client for any loss or damage (other than damages for personal injury
or death resulting from the Company’s negligence) which The Client may
suffer is limited to a total amount equivalent to the amount payable to
The Company under this contract net of the sums required to be paid by
The Company to third parties.
5.6 The Company
shall not be liable for any consequential or indirect loss by The
Client or any third party in relation to this contract.
5.7 The foregoing sub clauses of clause 5 constitute the entire liability of The Company under this contract.
6. Force Majeure
6.1 In certain
circumstances the provision of the services may be delayed or cancelled
for reasons beyond the The Company’s control, including but not limited
to strikes fire or accidents. in such circumstances The Company
will use it’s reasonable endeavours to make alternative
arrangements on behalf of The Client, but it shall not be liable to The
Client in any way as a result of any losses suffered by The Client in
this regard.
Modified
