1. Definitions of terms and expressions used in the contract.
1.1 The terms ‘K Car Movers’, ‘we’, ’our’ and ‘us’ refer to Ian David Kenwright trading as K Car Movers.
1.2 The terms ‘customer’, ‘you’, ‘your’ and ’yours’ refer to the customer as identified and specified in this contract.
1.3 The terms ‘vehicle’ and ‘the vehicle’ refer to the vehicle specified in this contract.
2. Duration of Contract
The duration of the contract shall be from the time at which the contract is signed by you or your authorised agent until either the specified vehicle has been delivered and accepted by an authorised person or until full payment against the contract has been received by K Car Movers whichever occurs later or until (in exceptional circumstances) the contract is cancelled by agreement between you and us and the cancellation is confirmed by us in writing.
3. Our Liabilities to You.
3.1 While the vehicle is in our possession under this contract it will be comprehensively insured against fire, theft and accidental damage to a maximum value of Thirty Thousand Pounds (£30,000), plus third party claims and associated legal costs. A copy of our insurance policy is available to you upon request. In the case of a claim made against us for damage to or theft of the vehicle, settlement of the claim will be restricted to the settlement figure agreed under the insurance policy and no further claim for consequential loss will be accepted by us.
3.2 While the vehicle is in our possession, it will be covered by a recognised breakdown recovery contract and in the event of a mechanical breakdown you will be given the option of having the vehicle transported to the collection or delivery point specified in the contract or repaired locally. The cost of vehicle recovery and/or repairs will be charged to you unless it can be proved that the mechanical breakdown was due to our negligence.
3.3 While the vehicle is in our possession, any puncture or failure of a tyre in any way will be dealt with if possible by using the spare wheel at no additional cost to you. If this is not possible, any costs incurred by us in making the vehicle fit to complete the journey will be charged to you unless it can be proved that the failure of the tyre was due to our negligence. In any event the damaged tyre shall be retained with the vehicle.
3.4 With respect to the operation of clauses 3.2, 3.3 and 4.2 we will make every reasonable attempt to contact you to ascertain your agreement to the course of action we are taking before incurring any costs on your behalf. We expect your full co-operation in our attempts to resolve the issues referred to in clauses 3.2, 3.3 and 4.2 but if none is received then we reserve the right to use our discretion so that we may fully perform our obligations under this contract.
3.5 While the vehicle is in our possession under this contract, every reasonable care will be taken to ensure the safety and security of the vehicle commensurate with fulfilling the contract in a timely manner.
3.6 We will make all reasonable endeavours to collect and deliver the vehicle according to the schedule we have agreed with you at the time of booking and any amendments to the schedule subsequently agreed with you but will not be liable for any consequential loss to you, nor shall we hold you responsible for additional costs to us, resulting from delays caused by adverse road or weather conditions, mechanical breakdown, road traffic accident (whether or not involving the vehicle itself), actions by the Police, Emergency Services or oyher Government Agencies authorised to delay or divert traffic in the pursuance of their work or duties or any other cause which could not reasonably have been foreseen. Should such delays occur, we will advise you of the problem as soon as possible.
3.7 Prior to accepting the vehicle, we will prepare a Vehicle Inspection Sheet which will specify the condition of the vehicle noting all visible faults and damage and mention all special features, accessories and contents attached to and contained within the vehicle at the point and time of collection by us. We will require that this document is signed by the person authorised to give possession of the vehicle to K Car Movers for the purpose of fulfilling the contract to signify his/her agreement to the correctness of all the details noted on the Inspection Sheet. A copy of the Inspection Sheet will be given to the signatory.
3.8 We will invite the person authorised to accept the vehicle at the specified point of delivery to examine the vehicle in order to satisfy themselves that the vehicle, accessories and contents are as shown on the Inspection Sheet. We will require that this document is signed by the person authorised to take possession of the vehicle from K Car Movers for the purpose of fulfilling the contract to signify his/her agreement to the correctness of the details noted on the Inspection Sheet. If the condition of the vehicle, accessories or contents has changed materially during the execution of the contract this will be noted on the remaining copies of the Inspection Sheet prior to signature by the authorised person and the details of the changes will be communicated to you. A copy of the Inspection Sheet will be given to the signatory. We reserve the right to photograph the vehicle and produce and attach any images taken as evidence of the vehicle’s condition during the time of this contract. All copyright attaching to any images taken shall remain with us indefinitely
3.9 A separate copy of the Delivery Inspection Sheet will be provided for your records.
4. Your Liabilities to Us
4.1 You warrant that at the time of commencement of the contract the vehicle is roadworthy as defined by the Road Traffic Acts in force in the United Kingdom at that time and that if appropriate the vehicle has a valid MOT Certificate.
4.2 We will, on your specific instructions, accept a vehicle for delivery under the contract which has a minor chip (or chips) in the windscreen but should this fault cause the windscreen to fail during the time the vehicle is in our possession, you will be held responsible for the full cost of the replacement windscreen.
4.3 You warrant that during the currency of the contract the vehicle is legally under your control and that you are either the owner or are properly authorised to be in possession of the vehicle. You shall indemnify us against all and any claims made against us arising out of improper custody or possession of the vehicle during the period of the contract whether or not you were aware of the circumstances at the commencement of the contract.
4.4 The type of fuel to be used in the vehicle shall be made known to us. The fuel required by the vehicle during the execution of the contract shall be funded by you. This can be achieved by:
A) An estimated fuel surcharge being included in the agreed price shown on the contract.
B) You supplying the vehicle with more than sufficient fuel to complete the specified journey.
C) K Car Movers supplying the fuel and passing on the cost to you with a copy receipt.
4.5 You shall punctually pay, without further demand, to K Car Movers by the date specified on the contract all valid charges as shown on the contract plus any additional valid charges which have been incurred in the execution of the contract.
All prices quoted are subject to the addition of Value Added Tax at the current rate.
6. Resolution of Dispute.
This contract shall be deemed to have been made in England and any dispute arising from the contract will be resolved under English Law.
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