These conditions set down the basis by which Xpres Logistics Limited will perform services for the Client as defined below. The terms 'Company', 'Carrier' as stated in this document refers to Xpres Logistics Limited. Wherever the term 'Client or Customer' is used it is deemed to include the Shipper, Sender, Owner, Owners Agent, Receiver or Consignee.
1. The Company undertakes to transport and/or compound certain vehicles for the Client in accordance with the instructions of the Client ('the service').
2. The Client warrants ownership of the vehicle(s) or is authorised by such Owner to accept these Terms and Conditions on such Owner's behalf.
3. The Client shall issue the Company with sufficient information to identify the vehicle or vehicles that the Customer requires to be collected and /or delivered and where appropriate, written authority to collect or remove the vehicle in question.
4. The Client undertakes to indemnity the Company in respect of all costs, liabilities or fines howsoever arising in respect of any claim that the Client was not appropriately authorised.
5. The Customer must advise the Carrier of any situation that might arise with regards the safe and legal aspects of loading and unloading.
6. The Client shall make available to the Company upon request details of any risk assessments, which may have been carried out at the collection and/or delivery addresses. The responsibility for carrying out such risk assessments shall be that of the Client and not of the Company.
7. The Client will indemnify the Company and the Company's employees and subcontract labour against any claim or liability if the Client instructs the Company to park or drive any vehicle on the public highway and that vehicle is not in a fit state to be used on the public highway.
8. The Client will indemnify the Company against any liability that the Company may have to its employees and subcontract labour arising out of any breach by any third party of the Health and Safety legislation including but not limited to the Client and any occupier of property to which the vehicle or vehicles are to be delivered.
9. Any quotation shall, if not previously accepted, expire 30 days after issue after which time the Company may vary any or all elements of the quotation. A deposit of 50% may be required to confirm your booking.
10. It is at the discretion of the Carrier to offer credit facilities. Where a client does not have an authorised credit account with the Carrier, any bookings for collections and/or deliveries must be paid for in full three days prior to any vehicle movement.
11. All invoices are due for payment 30 days after the date of the invoice where account facilities have been approved and agreed in writing. Any invoice(s) outstanding beyond this period will be referred to Debt Collection Agents and will be subject to a surcharge of 15% plus vat to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the customer and will be legally enforceable.
12. Unless stated otherwise, all charges quoted are exclusive of Value Added Tax.
13. The Company has the right to charge for any additional expenses incurred including but not limited to Parking Charges, Congestion Charges and Motorway Tolls, etc.
14. In the event that the Customer shall cancel or amend collection and/or delivery instructions to the Carrier within three working days of a vehicle movement, a cancellation charge or amendment fee equal to the Company's charges shall be payable to the Company. This will normally be the original quotation unless agreed previously in writing.
15. The Company reserves the right to charge for any undue waiting time experienced when collecting and/or delivering any vehicle. If problems are encountered due to incorrect collection or delivery address details or incorrect contact details being supplied to the Company a waiting time charge £35.00 per hour will apply.
16. The Client warrants that all vehicles are in a condition which will not constitute a danger to the Company and its authorised person or persons and that vehicles are in a condition which will not constitute a danger from components detached or fluids leaking if the vehicles are transported in the normal manner. The Company reserves the right to charge for any undue cleaning caused by leaking fluids.
17. The Client will make sure that the vehicle is maintained with sufficient fluids for example engine oil, permanent anti-freeze protection including fuel for the purpose of loading and unloading. Failure to do so will absolve the Company from any liability in connection with damage to any part of the vehicle and will be the responsibility of the Client.
18. If the Client authorises the loading/unloading of vehicles using its own staff then the Company will not be liable for damage or loss or personal injury during the loading/unloading process.
19. The Company shall not be liable in respect of any loss, damage, failed or missed delivery arising from an Act of God (such as storm damage, bird strike, bird droppings, etc.), stone chips, unpreventable acts of vandalism , adverse weather conditions, road works, traffic accidents, vehicle breakdowns, riots, civil commotion, strikes and lockouts, any consequences of hostilities, actions of persons not employed by the company, industrial fallout contamination, airborne corrosives, cleanliness of trucks or any other circumstances that could not reasonably been prevented or avoided by the Company.
20. The Company will maintain insurance with a reputable underwriter in respect of loss or damage to vehicles whilst in the Company's possession and any statutory responsibilities in the Company's occupation of property, employment of staff and the general conduct of its business. The Company will only provide insurance, and accept liability for, vehicles carried by its' transporters. Any Client vehicle that is delivered, collected or moved via any other means is exempt from insurance and the Company will not accept any liability for any claim howsoever arising unless previously agreed in writing with the Client.
21. The Company shall be free to determine the method, route and order of any vehicle delivery unless the Company shall have agreed the same with the Client. The Company agrees to transport vehicles as promptly as possible in accordance with your instructions and within traffic laws, but due to circumstances beyond our control, cannot guarantee an exact delivery time.
22. The Company is not liable for any loss of or damage to any vehicle prior to the Company accepting vehicle collection and will cease from any liability of the vehicle on handover to the Client or a third party whether or not such party certifies the completeness and condition of the vehicles. Clients, their third parties or any other persons may not enter, mount, board or otherwise engage with vehicles belonging to the Company without obtaining written permission first. Any person who boards a vehicle does so at their own risk, the company will accept no liability whatsoever for personal injury.
23. In the event that there shall be a variation in the price of diesel fuel or the duty payable thereon or there shall be any levy or other cost, charge or similar government impost the Company shall be entitled to increase the charges for the services to recover in full any increase or charge.
24. The Company shall have the right to utilise subcontract labour, facilities and subcontract vehicles in the discharge of its obligations to perform the service.
25. In the event that the Client shall fail to settle invoices as they fall due The Company reserves the right to exercise a lien over such vehicles of the Client that the Company shall have custody of irrespective of whether or not the Company shall have undertaken any of the services on the vehicles that are subject to lien.
26. The Company reserves the right to factor, sell, discount or pledge any unpaid bill whether or not it is outstanding
27. All sums due to the Company shall be paid without deduction, set-off or abatement and the Customer shall not withhold or defer any payment on account of any claim or counterclaim and acknowledges that any such claim or counterclaim whatsoever by the Customer against the Company must be subject to separate proceedings.
28. The Client will submit all claims against the Company and the Company's insurers within 2 working days of the loss or damage occurring in accordance with the procedure from time to time determined by the Company and any failure to follow such procedure may void the Company's insurance and or limit the Company's liability to the Client. The Company reserves the right to retain ownership of all replaced parts and may withhold payment until these are forthcoming. If the Client claims or alleges damage in transit to any of its vehicles or possessions, then the Client must inform the Company in writing immediately. No repairs or replacement will be authorised, or claim accepted, unless the Company is allowed to inspect the claim/damage prior to repair and within 7 days of the occurrence. All claims must be authorised in WRITING only, by the directors of the Company, no other authority howsoever obtained will be accepted. The Company will not accept any ‘handling, administration’ or any other charges that do not relate directly to the repair/replacement of the damage. The Company will determine value of claims through the use of an approved inspection company only and this valuation will be accepted by all parties. Failure to adhere to the above condition will render all claims invalid.
29. The Company shall be relieved of its obligation to perform any vehicle movement to the extent that performance is prevented by the failure of the Client, fire, weather conditions, industrial dispute, labour disturbance or any cause beyond the reasonable control of the Company.
30. In the computation of time, where any period of days provided by these Terms and Conditions is 7 days or less, Saturdays, Sundays and all Bank/Public Holidays shall be excluded.
31. Any failure by either party to enforce their rights shall constitute a waiver of the rights of either party.
32. These Terms and Conditions and all Contracts shall be governed by and construed in accordance with the Laws in England and any proceedings in relation thereto shall be subject to the exclusive jurisdiction of the English Courts. In the event of a dispute the contracting parties may agree to seek arbitration.
Xpres Logistics provides a nationwide single car and van transportation service. Services include secure covered vehicle deliveries for corporate and prestige deliveries. A nationwide dealer collection service for car, light commercial vehicles including chassis cabs. For lease companies we are happy to collect end of lease vehicles and vehicles for banks & finance companies following repossession. Covered transport for classic, prestige, sports cars, exhibitions, film and TV. Call 0845 257 1636.