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 If any amendments or special provisions to this contract are agreed. they should be confirmed in writing by both parties so as to avoid misunderstandings as to the parties obligations. Consumers under The Misrepresentation Act are not restricted
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 It is requested that The Clientraises 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 the 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 amounts which are withheld without due cause.
3.2 If The Client fails to pay any invoice within the specified 30 days and without due cause, The Company reserves the right to cease to provide The Services to The Client. The unpaid sums will remain due.
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 of up to 20% on all account invoices to be agreed when setting up the account, this amount can be varied from time to time by agreement 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 of 5% to all credit card transactions subject to variation from time to time, such variation will be noted in revised terms and conditions..
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. 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 there on occasion can be a delay or cancellation of The Services. If such cancellation or delay will result in loss to The Client such as missing a reserved travel booking, they are asked to notify The Company at the time of booking. generally time is not considered to be of the essence, however if it is essential that you or your goods reach their destination by a specific time please make this clear at the time of booking. The Company makes no warranty that The Client or The Client's goods or property shall be delivered within The Client's stipulated time period (if any) and/or within any time period stated by The Company unless expressly agreed at the time of booking.
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 TaxiServices 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 TheClient to provide The Company
with correct or complete instructions. All telephone bookings are automatically recorded to safeguard The Client and our staff.
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.