Terms of trade and conditions

All and any business undertaken including any advice, information or service provided whether gratuitously or not by Spotty Cars Ltd., and its subsidiary companies (hereafter called “the Company”) is transacted subject to these terms and conditions and each condition is deemed to be incorporated into and be a term of any agreement between the Company and its customers.

1. The Company is not a common carrier and only deals with goods or carries passengers subject to these conditions. No alteration or variation of these conditions shall be binding on the Company unless it shall be in writing signed by a director of the Company.

2. If any legislation is compulsorily applicable to any business undertaken, these terms and conditions shall as regards such business, be read as subject to such legislation and nothing in these conditions shall be construed as a surrender by the Company of any of its rights or immunities or as an increase in any of its responsibilities under such legislation and if any part of these conditions is repugnant to such legislation to any extent such part shall as regards such business be void to that extent but no further.

3. Quotations are made on the basis of a vehicle meeting the customer’s requirements being available at the time of acceptance. Quotations are based on costs prevailing at the time and in accordance with the details provided by the customer. Unless otherwise stated, any extra charges such as, but not limited to, admission fees, car parking, waiting time, administration charge and accommodation are not included in the price and will be charged as an extra. All quotations are subject to V.A.T. at the prevailing rate.

4. Any invoice query must be raised within 30 days of the invoice date. Any query raised after this period may not be credited.

5. Customer requiring copies of invoices that are older than 3 months and that have been requested for credit control reasons will be subject to a copy charge of £5.00 per invoice.

6. In the eventuality of the Company taking any action to recover outstanding or overdue monies a copy charge of £5.00 per invoice will apply to all outstanding invoices that are needed to substantiate the Company’s claim.

Carriage of Goods

7. Customers entering into any transaction with the Company expressly warrant that they are the legal owners or authorised agents of the owners of any goods to which the transaction relates and further warrant that they are authorised to accept and are accepting these conditions not only for themselves but also as agents for and on behalf of all persons who are or may thereafter become interested in the goods.

8. The Company may in its absolute discretion engage agents or subcontractors to perform all or any part of the services agreed to be provided and the Company enters into the contract for itself and on behalf of such agents/or subcontractors as their agent/and or trustees all of whom shall have the benefit of these terms and conditions and shall be under no liability to the customer or anyone claiming through them greater than or in addition to the liability of the Company under this contract. The customer agrees with the Company that no claim shall be made against such agents and/or subcontractors in addition to or in excess of the limitation and/or exclusions of liabilities as set out herein.

9. Without prejudice to point 3 the Company shall have the right to enforce any liability of the customer to the Company or to recover any sums due from the customer to the Company under these conditions or under any agreement relating to the carriage of goods by the Company not only against or from the customer but also against or from the sender and/or the consignee and/or the owner of the goods.

10. Unless otherwise instructed in writing by the customer, the Company may in its absolute discretion determine the means, route and procedure to be followed in the handling, storage and transportation of goods and passengers. Further if in the opinion of the Company it is at any stage necessary or desirable in the customer’s interests to depart from the customers instructions, the Company shall be at liberty to do so.

11. The Company shall not be required to supply its services beyond the normal place of collection or delivery unless the Company has agreed in writing to the contrary with the customer but if any such service is given by the Company it shall be at the sole risk of the customer and the customer shall be liable for the cost thereof which shall be charged at the Company’s prevailing rates at the time.

12. The Company shall be deemed to have delivered the goods in the same condition in which they were received unless notice is received from the customer either verbally or otherwise within sixty minutes after the delivery.

13. Delivery shall commence when the goods are handed to or collected by the Company for carriage.

14. The Company shall be entitled to charge at its current charge out rates in respect of any wasted or needless journeys made in attempting to effect delivery of the goods.

15. If the Company is required for whatever reason to store or arrange storage of the goods in connection with a carriage, the Company shall not be liable for any loss or damage to the goods caused by theft, vandalism, fire, flood or any other natural cause howsoever arising.

16. Except where the Company is instructed in writing to pack the goods, the customer warrants that all goods have been properly and securely packed and/or prepared for delivery.

17. Every consignment or part thereof shall be addressed and labeled in accordance with the Company’s requirements. Unless otherwise agreed, every consignment shall be accompanied by a consignment note containing details of the addresser and addressee, a description of the goods and instructions as to the handling thereof.

18. The Company shall, if so required, acknowledge receipt of the consignment in writing but no such acknowledgement shall be evidence of the condition, nature, quantity or weight of the consignment at the time it is received by the Company.

19. Except under special arrangements previously made in writing, the Company will not accept or deal with any noxious, dangerous, hazardous, inflammable or explosive goods or any goods which are likely to cause damage. Should any customer nevertheless deliver any such goods to the Company or cause the Company to deal with any such goods otherwise than under special arrangements previously made with the Company disclosing all relevant information, the customer shall be liable for all loss or damage whatsoever caused by, to or in connection with the goods however arising and shall indemnify the Company against all claims, damages, losses, penalties and expenses whatsoever arising in connection therewith. In addition, the goods may be destroyed or otherwise dealt with on account of risk to other goods, property, health or life. The expression “goods likely to cause damage” includes goods likely to harbour or encourage disease, vermin or other pests.

20. Except under special arrangements previously made in writing, the Company will not accept or deal with bullion, coins, cash, travellers cheques, bills of exchange or other negotiable instruments for value, precious stones, jewellery, valuable antiques, pictures, livestock or plants. Should the customer nevertheless deliver any such goods to the Company or cause the Company to handle or deal with any such goods, otherwise than under special arrangements previously made in writing, the Company shall not be liable for any loss or damage.

21. Perishable goods that are not collected immediately upon arrival or which are insufficiently addressed or marked or otherwise not readily identifiable may be sold or otherwise disposed of without any notice to the customer and payment or tender of the net proceeds of sale after deduction of all the Company’s charges and expenses shall be equivalent to delivery. All charges and expenses arising in connection with the sale or disposal of the goods shall be paid by the customer.

22. Goods shall be delivered at the sole risk of the customer. The Company may in its sole discretion maintain for its own benefit insurance cover in respect of its obligations hereunder. However no insurance will be affected for the benefit for the customer in respect of goods or passengers delivered by the Company except upon express instructions given in writing by the customer and subject to availability and the parties agreeing the terms on which the insurance will be affected.

23. In the event that the Company is required to insure goods, the customer shall provide full details of the nature of the goods, its value and any other information required by the insurers and the performance of the contract shall be delayed until such insurance is affected or until the customer waives the requirement for insurance. The costs incurred by the Company shall be borne by the customer and shall be payable in accordance with the payment provisions of this contract.

24. In the event that goods or passengers are dealt with or carried on behalf of a third party following instructions received from the customer to collect such goods or persons, the customer shall remain responsible for all costs, expenses and duties if they are not paid by such consignee or any other person immediately when due.

25. The Company reserves the right to vary charges from time to time without prior notice in writing.

26. The Company cannot be held responsible for bookings made directly to the driver.

27. National Holidays can be subject to price increases.

28. The Company shall be under no liability for loss or damage, non-delivery, mis-delivery or delay in delivery arising from:

29. In addition to and without prejudice to the forgoing conditions the customer undertakes that he shall in any event indemnify the Company against all liabilities (including but not limited to claims demands, proceedings, damages, losses, costs and expenses) whatsoever suffered or incurred by the Company arising directly or indirectly from:

Carriage of Passengers

The terms and conditions set out below shall apply to the carriage of passengers in addition to the general terms and conditions of the Company.

30. Child seats will incur a carriage charge if remaining in the Company’s possession. Any luggage put inside the vehicle may incur an extra charge

31. All vehicles carry Hire & Reward insurance to their maximum passenger carrying capacity and will not exceed this (A child exceeds this).

32. In respect of long journeys, the hours agreed with the Company for the carriage of persons must be strictly adhered to in order to meet regulations relating to drivers hours and rest periods.

33. The customer must not load any vehicle above the number of passengers that it is legally permitted to carry.

34. In the event of cancellation by the customer, the Company reserves the right to charge a fee not more than the cost of the full fare of the journey which has been cancelled.

35. The Company will not be liable for any loss or injury sustained by any passenger who fails to join a vehicle at the appointed time.

36. The Company shall not be liable for any injury sustained by any passenger who fails to wear a seatbelt.

37. The Company will not accept liability for any damage to or loss of any property left in a vehicle by a passenger. All articles of lost property will be held at the head office (at which the vehicle is based) for a period of no less than thirty days.

38. The Company shall be under no liability for loss or damage caused by late pick up, nondelivery, mis-delivery or delayed pickup or journey time in any given time period but will endeavour to ensure the passengers safe, speedy arrival.

39. The customer shall be liable for valeting costs due to illness and/or food and liquid spilled and also loss of earnings incurred by the driver whilst off the road.

40. The Company shall not be liable for any loss or damage to goods or any non-delivery or misdelivery (whether before or after termination) howsoever caused unless the same shall be due to the willful neglect or misconduct of the Company.

41. The Company shall not be liable for delay in carrying goods or passengers unless the same shall be due to the willful neglect of the Company.

42. The liability of the Company in any event in respect of delay in carriage of any consignment or passengers shall not exceed a sum equal to the charges receivable by the Company in respect of that consignment or carriage of the passengers.

43. Passengers who require the driver to use a longer route or the M25 motorway will be charged extra per mile. If the driver chooses a longer route then no extra charge will be incurred.

44. The driver is fully responsible for the safety of the vehicle. Any passenger whose conduct is detrimental to the safety of the vehicle or any of its passengers may be asked to disembark.

The driver reserves the right not to allow passengers in the vehicle. The customer is responsible for the conduct of any other passengers in the car and any damage that may be caused during the period of hire.

All agreements between the Company and its customers shall be governed by English law and be within the exclusive jurisdiction of the English courts.