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AVL (ANCHOR VEHICLE LOGISTICS LTD)
Terms and Conditions of Business

1. Meaning of Expressions

In this Agreement the following words and phrases shall have the following meanings:

‘AVL’, ‘We’, ‘Our’ and ‘Us’ means Anchor Vehicle Logistics Ltd., whose registered office is Suite 6, South Ribble Enterprise Park, Grove Road, Walton-le-dale, Preston, Lancashire PR5 4AQ. Anchor Vehicle Logistics Ltd. is registered in England and Wales, number 6185439.

‘Customer’, You’ and ‘Your’ means the person or business who is the registered owner of the Vehicle and named at Booking, or the person or business acting on behalf of the registered owner and named at Booking.

‘Parties’ means AVL and the Customer, and ‘Party’ means either one of them.

‘Agent’ means the person or business releasing the Vehicle to AVL or receiving the Vehicle from AVL, and ‘Agents’ shall mean both of them.

‘Vehicle’ means a car, motorcycle, van, trailer, caravan or any other material object named at Booking.

‘Booking’ means a request by the Customer to transport a Vehicle from a Collection Address to a Delivery Address, subject to acceptance by AVL and the provisions of this Agreement.

‘Booking Form’ means the document that is available on AVL’s website of which the Customer may complete to submit a Booking.

‘Service’ means the transportation of the Vehicle by AVL subject to the provisions of this Agreement.

‘Preferential Collection Date’ means the date most suitable to the Customer for collection of the Vehicle. The Preferential Delivery Date is subject to the provisions of this Agreement.

‘Preferential Delivery Date’ means the date most suitable to the Customer for delivery of the Vehicle. The Preferential Delivery Date is subject to the provisions of this Agreement.

‘Collection Address’ means the address most suitable to the Customer for collection of the Vehicle. The Collection Address is subject to the provisions of this Agreement.

‘Delivery Address’ means the address most suitable to the Customer for delivery of the Vehicle. The Delivery Address is subject to the provisions of this Agreement.

‘Collection Point’ means at the time and at the location of collection of the Vehicle.

‘Delivery Point’ means at the time and at the location of delivery of the Vehicle.

‘Credit Account’ means a funding facility has been agreed in writing by a senior executive of AVL to the Customer.

‘Fee’ means the price for the Service, as provided by AVL within the Quotation.

‘Supplementary Service Fee’ means an additional cost that may be payable by the Customer to AVL for an additional service.

‘Vehicle Release Fee’ means a sum that the Customer may be obliged to pay to the Agent for discharge of the Vehicle.

‘Modified Vehicle’ means a Vehicle that is higher, lower, longer or wider than the Vehicle manufacturers standard specification. This includes any articles attached to the Vehicle, including but not limited to, a roof rack/box, bike rack or bikes.

‘Vehicle Condition Report’ means AVL’s document on which AVL record the state of the Vehicle.

‘Transporter’ means one of AVLs’ vehicles that is used by AVL to carry other vehicles and to provide the Service.

‘Open Transportation’ means the Vehicle is exposed while upon the Transporter.

‘Covered Transportation’ means the Vehicle is enclosed while upon the Transporter.

‘Claims’ means all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise).

‘Losses’ means all losses including without limitation financial losses, damages, legal costs and other expenses of any nature whatsoever).

2. Quotation

2.1 Following Your request, We shall provide to You a written Quotation of the Fee for the Service (the ‘Quotation’).

2.2 The Quotation of the Fee is in Great British Pounds (GBP) and does not include U.K. value added tax that would also be payable by You to Us.

2.3 You may request a Quotation using Our website www.anchorvehiclelogistics.com and using the ‘Quote Now’ service. You shall provide to Us all of the information that We require correctly and in full.

2.4 The Quotation of the Fee is for the Service of Open Transportation unless otherwise agreed in writing by a customer service manager of AVL.

2.5 The Quotation of the Fee shall remain valid for a period of 14 days.

3. The Service

3.1 Where You submit or send the Booking You confirm that You understand the following:

3.1.1 To enable Us to provide the Service to You for the Fee that We Quote We combine customers’ vehicles that are of similar route and date requirement on a Transporter, therefore the date that We collect the vehicle may not always be the Preferential Collection Date, and the date that We deliver the Vehicle may not always be the Preferential Delivery Date. We shall use the Preferential Collection Date and Preferential Delivery Date as a guideline only to assist Us to coordinate a suitable combination of customers’ vehicles.

3.2 Where You Provide the Preferential Collection Date to Us at Booking:

3.2.1 We shall use Our best endeavours to collect the Vehicle within the time period commencing 4 days prior to and inclusive of the Preferential Collection Date and ending 4 days following and inclusive of the Preferential Collection Date, on condition that You completed the Booking more than 28 days prior and exclusive of the Preferential Collection Date and subject to the provisions of this Agreement.

3.3 Where You Do Not Provide the Preferential Collection Date to Us at Booking:

3.3.1 We shall use Our best endeavours to collect the Vehicle within the time period of 12 days following and exclusive of the date that the Booking is complete subject to the provisions of this Agreement.

3.4 The Vehicle shall remain on the same Transporter from Collection Point to Delivery Point except where We believe that We can provide to You an improved time efficient Service by transferring the Vehicle to an alternative Transporter.

3.5 We shall deliver the Vehicle at a time and date suitable to Our schedule and the delivery of other customers’ vehicles that are on the same Transporter.

3.6 We travel long distances and cross border controls and occasionally circumstances occur that are beyond Our reasonable control, including but not limited to, suspension or cancellation of other required transport services, the obstruction of any public or private highway, traffic congestion, mechanical breakdown or customs or governmental authority inspections, and these circumstances may then progress to affect the hours that We are legally able to work and drive. Where You submit or send the Booking You confirm that You understand that due to the nature of Our business, times and dates of collection and delivery as advised by Us, by any means of communication, are always to the best of Our knowledge and are not assured.

3.7 We shall determine the time, date, method, route and order of collection and delivery of vehicles.

3.8 We shall provide the Service to You subject to You completing the Booking and the provisions of this Agreement.

4. Making a Booking

4.1 A Booking or an acceptance of the Quotation for the Service shall be deemed to be an offer by You to purchase the Service subject to the provisions of this Agreement. We reserve the right to refuse the Booking for any reason.

4.2 No Credit Account:

4.2.1 You may submit the Booking Form online at www.anchorvehiclelogistics.com using the ‘Book Now’ service. You shall provide to Us all of the information that We require accurately and in full. You may require details of the Quotation.

4.2.2 Following Your submission of the Booking Form We shall send an immediate reply to You by automated electronic mail message confirming Our receipt and the information that You provided to Us. Please check the automated electronic mail message very carefully. You agree that where You:
4.2.2.1 have made an error or excluded information You shall inform Us by electronic mail message within 24 hours of receipt of the automated electronic mail message; or
4.2.2.2 do not receive the automated electronic mail message You shall inform Us by electronic mail message within 24 hours of Your submission of the Booking Form.

4.2.3 The Booking is incomplete until We receive the information that We require on the Booking Form accurately and in full and full payment of the Fee and value added tax from You. We require full payment from You for verification of the Booking. No payment shall be deemed to have been received until we have received cleared funds.

4.3 Credit Account:

4.3.1 You may:
4.3.1.1 submit the Booking Form online at www.anchorvehiclelogistics.com using the ‘Book Now’ service. You shall provide to Us all of the information that We require accurately and in full. You may require details of the Quotation; or
4.3.1.2 send an electronic mail or facsimile message to Us.

4.3.2 Where You send an electronic mail message to Us, You shall provide all of the following information:
4.3.2.1 the Quotation of the Fee; and
4.3.2.2 the full name of the registered owner of the Vehicle; and
4.3.2.3 the Vehicle make and model and registration number; and
4.3.2.4 whether the Vehicle is or isn’t a Modified Vehicle, and where the Vehicle is Modified, a description of the Modifications; and
4.3.2.5 whether the Vehicle has or hasn’t got a mechanical fault or accident damage, and where the Vehicle has got a mechanical fault or accident damage, a description of the mechanical fault or accident damage; and
4.3.2.6 the Preferential Collection Date (unless You require Us to collect the Vehicle within 12 days following and exclusive of the date that the Booking is complete); and
4.3.2.7 the Collection and Delivery Addresses and Postcodes; and
4.3.2.8 the Agents’ full names and contact numbers (and if available their electronic mail addresses); and
4.3.2.9 whether You do or do not require Us to pay a Vehicle Release Fee on Your behalf, and where You do, the sum that You require Us to pay.

4.3.3 Where You submit the Booking Form We shall send an immediate reply to You by automated electronic mail message confirming Our receipt and the information that You provided to Us. Please check the automated electronic mail message very carefully. You agree that where You:
4.3.3.1 have made an error or excluded information You shall inform Us by electronic mail message within 24 hours of receipt of the automated electronic mail message; or
4.3.3.2 do not receive the automated electronic mail message You shall inform Us by electronic mail message within 24 hours of Your submission of the Booking Form.

4.3.4 Where You send an electronic mail message to Us, You must check that You provide all of the information that We require under clause 4.3.2 accurately and in full. You agree that where You have made an error or excluded information You shall inform Us within 24 hours of sending the electronic mail message.

4.3.5 The Booking is incomplete until We receive all of the information that We require under clause 4.3.2 accurately and in full from You, subject to clause 4.3.2.6 where You do not have a Preferential Collection Date.

4.4 Where You do not provide the Preferential Collection Date or You mark the Booking with ‘as soon as possible’ (or words to that effect) You agree that We may collect the Vehicle within 12 days following and exclusive of the date that the Booking is complete.

4.5 We shall accept a minor change to the Booking at any time where it does not affect the Fee.

4.6 We shall not accept a major change to the Booking at any time where it affects the Fee. A major change is including but not limited to the following:

4.6.1 an alternative make or model of Vehicle; or
4.6.2 a Modified Vehicle, where You failed to inform Us or describe the same Modification at Booking; or
4.6.3 a Vehicle that has accident damage or a mechanical fault where You failed to inform Us or describe the same accident damage or mechanical fault at Booking; or
4.6.4 an alternative Collection Address or Delivery Address; or
4.6.5 an alternative Preferential Collection Date.
Where You require a major change it is necessary that You to cancel the Booking and submit another Booking Form (or send another electronic mail message where You have a Credit Account). Our cancellation and refund policy shall apply.

5. Fees

5.1 No Credit Account:

5.1.1 The Booking is incomplete until We receive all of the information that We require accurately and in full and full payment of the Fee and value added tax from You. We require full payment from You for verification of the Booking.

5.1.2 You shall quote the relevant Booking number when making a payment.

5.1.3 Credit will not be provided in all circumstances and can be refused by Us for any reason.

5.2 Credit Account:

5.2.1 We shall provide an invoice to You for sums due to Us.

5.2.2 You shall pay sums due to Us within 14 days of the date of Our invoice.

5.2.3 You shall quote the relevant invoice number when making a payment.

5.2.4 You shall make all payments due under this Agreement in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by Us to You.

5.2.5 In the event that You default in Your payment obligations We reserve the right to:
5.2.5.1 charge interest on overdue payments at the annual rate of 5% above the base lending rate from time to time of National Westminster Bank Plc, accruing on a daily basis from the due date to the date of actual payment, whether before or after any judgement. For the purpose of this clause 5.2.5.1, the term ‘due date’ shall mean the date on which the amount becomes payable We reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998; and
5.2.5.2 suspend or terminate any agreement between both Parties.

5.3 You shall pay value added tax to Us in addition to the Fee and any Supplementary Service Fee.

5.4 You shall pay Us in Great British Pounds (GBP). We shall not accept any other currency.

5.5 We shall not accept payment by cheque.

5.6 Where You pay any fee to Us using a bank issued card, You shall pay to Us Our Supplementary Service Fee in respect of the processing of the payment transaction and We shall take the payment in respect of the Supplementary Service Fee from You in the same payment transaction.

5.7 Where You pay Us through an international payments service, You shall pay the charge for the currency conversion and both Parties charges associated with the international payment. You shall pay to Us the Fee and the value added Tax in full.

5.8 No payment shall be deemed to have been received until we have received cleared funds.

5.9 Taxes or charges imposed by governmental authorities that We are obliged to collect from You can change and be imposed after the Booking is complete and before Collection Point. If any such tax or charge is introduced or increased before Collection Point You shall pay such taxes or charges to Us. Where you do not have a Credit Account and refuse to pay such taxes or charges We may cancel the Service.

6. Cancellation and Refund Policy

6.1 For the purposes of this clause 6, We shall provide a ‘credit’ in those instances where a Credit Account is in place and a ‘refund’ in those instances where a Credit Account is not in place.

6.2 You Had Provided the Preferential Collection Date to Us at Booking:

6.2.1 Where You had provided the Preferential Collection Date to Us at Booking and You cancel the Booking We shall provide a credit or refund to You on condition that:
6.2.1.1 You had completed the Booking more than 28 days prior and exclusive of the Preferential Collection Date and You provide notice of cancellation to Us of no less than 28 days prior and exclusive of the Preferential Collection Date; or
6.2.1.2 We can replace the Booking with a Booking from another customer (at Our discretion);or
6.2.1.3 We have failed to collect the Vehicle within the time period commencing 4 days prior to and inclusive of the Preferential Collection Date and ending 4 days following and inclusive of the Preferential Collection Date. This clause 6.2.1.3 does not include and We shall not provide a credit or refund to You where:
6.2.1.3.1 You had failed to provide to Us all the information that We require on the Booking Form (or under Clause 4.3.2 where You have a Credit Account and You sent an electronic mail message) accurately and in full within 24 hours of submitting or sending the Booking and Your failure affected Our ability to accurately coordinate the collection of the Vehicle, or to collect the Vehicle within the time period commencing 4 days prior to and inclusive of the Preferential Collection Date and ending 4 days following and inclusive of the Preferential Collection Date; or
6.2.1.3.2 You had agreed that We may collect the Vehicle outside of the time period commencing 4 days prior to and inclusive of the Preferential Collection Date and ending 4 days following and inclusive of the Preferential Collection Date; or
6.2.1.3.3 We had proposed to You that We shall collect the Vehicle within the time period commencing 4 days prior to and inclusive of the Preferential Collection Date and ending 4 days following and inclusive of the Preferential Collection Date and You declined or failed to acknowledge Our proposal.
Where You cancel the Booking under any other circumstances or for any other reason We shall not provide a credit or refund to You.

6.2.2 Where we provide a ‘credit’ or ‘refund’ to You:
6.2.2.1 under clauses 6.2.1.1 or 6.2.1.2, we shall deduct:
6.2.2.1.1 Our Supplementary Service Fee of 20% of the Fee in respect of the coordinating of the Service by Us prior to cancellation; and
6.2.2.1.2 any Supplementary Service Fee that You may have paid to Us in respect of the payment transaction.
6.2.2.2 under clause 6.2.1.3, We shall include any Supplementary Service Fee that You may have paid to Us in respect of the payment transaction.

6.3 You Had Not Provided the Preferential Collection Date to Us at Booking:

6.3.1 Where You had not provided the Preferential Collection Date to Us at Booking and You cancel the Booking
We shall provide a credit or refund to You on condition that:
6.3.1.1 We can replace the Booking with a Booking from another customer (at Our discretion); or
6.3.1.2 We have failed to collect the Vehicle within the time period of 12 days following and exclusive of the date that You completed the Booking. This clause 6.3.1.2 does not include and We shall not provide a credit or refund to You where:
6.3.1.2.1 You had failed to provide to Us all the information that We require on the Booking Form (or under Clause 4.3.2 where You have a Credit Account and You sent an electronic mail message) accurately and in full within 24 hours of submitting or sending the booking and Your failure affected Our ability to accurately coordinate the collection of the Vehicle, or to collect the Vehicle within the time period of 12 days following and exclusive of the date that You completed the Booking; or
6.3.1.2.2 You had agreed that We may collect the Vehicle outside of the time period of 12 days following and exclusive of the date that You completed the Booking; or
6.3.1.2.3 We had proposed to You that We shall collect the Vehicle within the time period of 12 days following and exclusive of the date that You completed the Booking and You declined or failed to acknowledge Our proposal
Where You cancel the Booking under any other circumstances or for any other reason We shall not provide a credit or refund to You.

6.3.2 Where we provide to a ‘credit’ or ‘refund’ to You:
6.3.2.1 under clause 6.3.1.1, We shall deduct:
6.3.2.1.1 Our Supplementary Service Fee of 20% of the Fee in respect of the coordinating of the Service by Us prior to cancellation; and
6.3.2.1.2 any Supplementary Service Fee that You may have paid to Us in respect of the payment transaction.
6.3.2.2 under clause 6.3.1.2, We shall include any Supplementary Service Fee that You may have paid to Us in respect of the payment transaction.

6.4 Where You cancel the Booking, We may have:

6.4.1 refused other customer’s Bookings due to the Booking that You made; and
6.4.2 been coordinating the Service, prior to the cancellation. Where You submit or send the Booking You confirm that You understand Our cancellation and refund policy.

6.4 We shall not provide a credit or refund to You where We cancel the Booking by reason of any breach of Your obligations under this Agreement.

7. Collection of Vehicle

7.1 We shall contact You (or the Agent) at least 24 hours prior to collection to advise You (or the Agent) of the time of collection. Where You (or the Agent) fail to respond to Our contact We shall not be held responsible.

7.2 At Collection Point:

7.2.1 You or (or the Agent), the Vehicle and all the necessary keys shall be available within a reasonable period of time. Where You (or the Agent), the Vehicle or any necessary keys are unavailable within a reasonable period of time We may cancel the Service; and

7.2.2 the fuel in the Vehicle shall be no less than one eighth of the tanks capacity (sufficient to load and unload and to move the Vehicle to allow other customers’ vehicles on and off the Transporter). Where the fuel in the Vehicle is less than one eighth of the tanks capacity We may cancel the Service; and

7.2.3 where We discover that:
7.2.3.1 You failed to inform Us of the correct make or model of the Vehicle at Booking; or
7.2.3.2 the Vehicle is a modified Vehicle and You failed to inform Us or describe the same Modification at Booking; or
7.2.3.3 the Vehicle has accident damage or a mechanical fault and You failed to inform Us or describe the same accident damage or mechanical fault at Booking,
We may cancel the Service.

7.3 We recommend that:

7.3.1 You remove all articles that are not included within the Vehicle manufacturer’s specification from the Vehicle before Collection Point. We shall not be liable for any Claims or Losses arising from or relating to such articles; and

7.3.2 You remove articles that may simply detach or be stolen from the Vehicle during the Service including but not limited to, spare wheels or covers, wheel trims, non lockable fuel caps or covers, or any broken or insecure parts, before Collection Point. We shall not be liable for any Claims or Losses arising from or relating to such articles.

7.3.3 the Vehicle is clean and dry at Collection Point. We shall not be liable for any Claims or Losses regarding paint or minor glass or bodywork damage that may be concealed due to the Vehicle being dirty or wet at Collection Point.

7.4 No Credit Account:

7.4.1 You shall pay to the Agent any Vehicle Release Fee owing before collection.

7.5 Credit Account:

7.5.1 Where We agree to pay a Vehicle Release Fee on Your behalf:
7.5.1.1 You shall reimburse to Us the sum as agreed between both Parties, in Great British Pounds (GBP) and at Our conversion rate (where We pay in another currency); and
7.5.1.2 You shall pay to Us Our Supplementary Service Fee in respect of the handling and the administration of the Vehicle Release Fee transaction by Us; and

7.6 You agree that the Agent shall discharge the Vehicle. Where the Agent refuses to discharge the Vehicle We may cancel the Service.

7.7 Releasing the Vehicle at Collection Point:

7.7.1 You (or the Agent) and Us shall assess the condition of the Vehicle in a practical way. We shall complete a report on the Vehicle Condition Report. Where You (or the Agent):
7.7.1.1 agree to report, You (or the Agent) shall sign the Vehicle Condition Report on the appropriate section. Where You (or the Agent) agree to the report and refuse to sign the Vehicle Condition Report We may cancel the Service; or
7.7.1.2 disagree to the report, You (or the Agent) shall send clear photographic evidence to justify the cause of Your (or the Agent’s) disagreement to Our electronic mail address info@anchorvehiclelogistics.com within a reasonable period of time. Where You (or the Agent) disagree to the report and fail to send clear photographic evidence within a reasonable period of time
We may cancel the Service.
7.7.2 You agree that where We collect the Vehicle from an Agent they may release the Vehicle on Your behalf.

8. Delivery of the Vehicle

8.1 We shall contact You (or the Agent) at least 24 hours prior to delivery to advise You (or the Agent) of the time of delivery. Where You (or the Agent) fail to respond to Our contact We shall not be held responsible.

8.2 You (or the Agent) shall be available at Delivery Point within a reasonable period of time. Where You (or the Agent) are unavailable at Delivery Point within a reasonable period of time, You agree that We shall deliver the Vehicle to a parking or storage business or to Our premises (wherever and whichever will cause the minimum disruption to Our schedule and at Our discretion) for Your (or the Agent’s) collection. You agree that where We deliver the Vehicle to:

8.2.1 a parking or storage business:
8.2.1.1 You shall pay to Us Our Supplementary Service Fee in respect of the service of the secondary delivery. Where You do not have a Credit Account You shall pay Our Supplementary Service Fee in respect of the service of the secondary delivery at subsequent contact between both Parties; and
8.2.1.2 the parking or storage business shall receive the Vehicle on Your behalf; and
8.2.1.3 You shall pay the parking or storage business’s Vehicle Release Fee; and
8.2.1.4 We shall not be liable for any Claims or Losses arising from or relating to loss of or damage caused to the Vehicle following Delivery Point.

8.2.2 Our premises You shall pay to Us:
8.2.2.1 Our Supplementary Service Fee in respect of the service of the secondary delivery; and
8.2.2.2 Our Supplementary Service Fee in respect of the storage.
We shall not discharge the Vehicle to You (or the Agent) until We receive the payment of Our Supplementary Service Fees from You.

8.3 Receiving the Vehicle at Delivery Point

8.3.1 You (or the Agent) and Us shall assess the condition of the Vehicle in a practical way. We shall provide to You (or the Agent) the Vehicle Condition Report that You (or the Agent) signed at Collection Point. You agree that:
8.3.1.1 You (or the Agent) shall sign the Vehicle Condition Report on the appropriate section for acceptance of the delivery of the Vehicle; and
8.3.1.2 where You (or the Agent) disagree to the report, You (or the Agent) shall explain the cause of Your (or the Agent’s) disagreement on the appropriate section of the Vehicle Condition Report.

8.3.2 You agree that where We deliver the Vehicle to an Agent:
8.3.2.1 they may receive the Vehicle on Your behalf; and
8.3.2.2 We shall not be liable for any Claims or Losses arising from or relating to loss of or damage caused to the Vehicle following Delivery Point.

9. Safety

9.1 You agree that the Vehicle is serviced by a qualified engineer at intervals as advised by the Vehicle manufacturer and shall be legal and in a safe condition to be driven and transported. Unsafe conditions include but are not limited to, leaking fluids and broken, insecure, detached or excessively worn parts. Where at Collection Point We believe that the Vehicle is not legal or in a safe condition and You cannot provide substantial evidence to Us to verify otherwise We may cancel the Service.

9.2 You (or the Agent) shall not store the following with the Vehicle:

9.2.1 Explosive and inflammable articles, firearms including any parts of firearms; or
9.2.2 Dangerous goods (‘Dangerous Goods’ means goods included in the list of dangerous goods as defined in the Classification Packaging and Labelling of Dangerous Substances Regulations (known as the C.P.L. Regulations) and in the classification and labelling of explosives regulations (The Radioactive Substances (Carriage by Road) (Great Britain) Regulations 1974) and including any other relevant legislation or regulations together with any amendments to them, or means goods which present a comparable hazard).

9.3 Where at any time We cannot gain practical, safe and lawful access to the Collection or Delivery Address, You (or the Agent) shall deliver the Vehicle to a Collection Point, or collect the Vehicle from a Delivery Point that is a practical, safe and lawful area (the Collection Point shall be within a reasonable distance from the Collection Address, and the Delivery Point shall be within a reasonable distance from the Delivery Address and both the Collection Point and the Delivery Point shall be at Our discretion).

9.4 You (or the Agent) shall not arrange any other service, including but not limited to, a vehicle repair or a taxi or chauffeur service with Our Transporter driver (whether paid to Our Transporter driver or unpaid). Our Transporter driver is trained by Us to provide the Service only.

9.5 You (or the Agent) shall not enter, mount, board or otherwise engage with Our Transporter or a Vehicle in Our care. Any person who enters, mounts, boards or otherwise engages with a Transporter or a Vehicle in Our care does so at their own risk.

10. Customs and Governmental Authorities

10.1 You (or the Agent) shall not store any article or substance with the Vehicle:

10.1.1 the possession of which in, or the importation of which into any country from, through or to which the Service is to take place is illegal or prohibited; or

10.1.2 the importation of which into any country from, through or to which the Service is to take place is taxable. There are no tax allowances where You are not with the Vehicle.

10.2 You agree that the importation of the Vehicle into any country from, through or to which the Service is to take place is legal.

10.3 Customs and Governmental Authorities may search, move, damage, dismantle or confiscate the Vehicle or articles with the Vehicle and they are not obliged to declare their actions, although would have a justified reason. We shall not be liable for any Claims or Losses by reason of or arising out of search or seizure under legal process.

11. Insurance

11.1 We shall maintain insurance in respect of statutory responsibilities in Our occupation of property, employment of staff and the conduct of business.

11.2 Claims

We shall not be liable for any Claims or Losses arising from or relating to;

11.2.1 loss of or damage to the Vehicle, by reason of or arising out of any circumstances beyond Our reasonable control, including but not limited to:
11.2.1.1 Act of God, the effect of ionising radiation or uncontrolled nuclear reaction, act of war, hostilities, or riot or civil commotion; or
11.2.1.2 where We were unable to assess any parts of the Vehicle in a practical way and report on those parts on the Vehicle Condition Report, We shall not be liable for loss of or damage to those parts; or
11.2.1.3 (where You had accepted the Fee for Open Transportation) where damage is caused by a stone (or anything similar) during the Service, We shall not be liable for such damage (such damage is unavoidable and beyond our control); or
11.2.1.4 mechanical, or electrical breakdown, defect, derangement or inherent fault of the vehicle; or
11.2.1.5 search or seizure under legal process; or
11.2.1.6 while the Vehicle is in the care and control of a parking or storage business (where You (or the Agent) were unavailable at delivery Point) or an Agent; or
11.2.1.7 Your failure to act on the recommendations that We provide to You under this Agreement; or
11.2.1.8 Our compliance with applicable law; or
11.2.1.9 Your failure to comply with applicable law; or
11.2.1.10 any breach of Your obligations under this Agreement.

11.2.2 loss of or damage to any article which is not included in the Vehicle manufacturer’s specification.

11.3 Vehicle Damage Claims Procedure

11.3.1 You shall:
11.3.1.1 send notice of the Claim in writing to Us within 24 hours of Delivery Point; and
11.3.1.2 substantiate Your allegation by providing to Us an explanation of the damage and Your reason to believe that We may be liable, clear photographic evidence of the damage and all the relevant information about the Vehicle; and
11.3.1.3 provide to Us a breakdown of costs for the repair from an approved repairer of the Vehicle manufacturer; and
11.3.1.4 where You would prefer the repair to be completed by a repairer of Your choice, provide to Us a breakdown of costs for the repair from that repairer (where We accept liability the choice of the repairer shall be at Our discretion); and
11.3.1.5 at Our request, provide to Us any additional information or documentation about the Vehicle or the damage where We require such information or documentation; and
11.3.1.6 allow Us a reasonable period of time, following Our receipt of all of the information and documentation that We require under clause 11.3.1, to investigate Your allegation and respond to You.

11.3.2 We shall not accept liability relating to damage or authorise repair or replacement unless You allow Us to inspect the damaged Vehicle prior to repair or replacement.

11.3.3 Where We accept liability relating to damage, a senior executive of AVL shall authorise the repair or the replacement in writing to You; no other authority howsoever obtained shall be accepted.

11.3.4 Where a senior executive of AVL authorises the repair or the replacement We reserve the right to retain ownership of all replaced parts and may withhold payment until these are forthcoming.

11.3.5 We shall not be liable for the payment of any costs regarding administration performed by any claims management company arising from or relating to damage.

11.5 General

11.5.1 We may make such investigations as We consider necessary to satisfy ourselves of the validity of any Claim.

11.5.2 Where it is evidential that a Claim is fraudulent, false or intentionally exaggerated (whether ultimately material or not) in any respect:
11.5.2.1 We may refuse to pay the whole or part of the Claim to the extent permitted by law; and/or
11.5.2.2 Our insurers may place a warning on the ‘Association of British Insurers’ database and this warning may affect the claimant’s future insurance requirements.

12. How to Contact Us

12.1 We try to resolve any issues brought to Our attention as soon as possible so it is important that You tell us where You are not happy so that You give Us the opportunity to resolve Your issue at the time. If for any reason this is not possible or We have been unable to resolve Your issue to Your satisfaction please write to us at Anchor Vehicle Logistics (AVL), Customer care team, Suites 5 & 6 South Ribble Enterprise Park, Grove Road, Walton Le Dale, Preston, PR5 4AQ, U.K. Please allow 20 working days for a full response.

13. Use of My Data

13.1 For full details of how We may use Your data please view Our Privacy Policy.

14. Warranty

14.1 We shall use Our best endeavours to provide the Service without unreasonable delay or interruption occasioned by any circumstances within Our reasonable control.

14.2 You shall use Your best endeavours to provide to Us the full and accurate information that We require to provide the Service.

14.3 You are the registered keeper of the Vehicle:

14.3.1 Where You submit or send a Booking You warrant that:
14.3.1.1 You agree and accept the terms and conditions of this Agreement (and Our regulations and policies as indicated to You); and
14.3.1.2 You have drawn the terms and conditions of this Agreement (and Our regulations and policies as indicated to You) to any Agents acting on Your behalf; and
14.3.1.3 any Agents acting on Your behalf have acknowledged their agreement and acceptance of the terms of this Agreement (and Our regulations and policies as indicated to You) to You.

14.4 You are not the registered keeper of the Vehicle:

14.4.1 Where You submit or send a Booking You warrant that:
14.4.1.1 You have the authority to agree and accept, and do agree and accept the terms and conditions of this Agreement (and Our regulations and policies as indicated to You) on behalf of the registered keeper of the Vehicle; and
14.4.1.2 You have drawn the terms and conditions of this Agreement (and Our regulations and policies as indicated to You) to the registered keeper of the Vehicle and any Agents acting on Your behalf; and
14.4.1.3 the registered keeper of the Vehicle and any Agents acting on Your behalf have acknowledged their agreement and acceptance of the terms and conditions of this Agreement (and Our regulations and policies as indicated to You) to You.

15. Other Liability

15.1 We shall not be liable for any Claims or Losses arising from or relating to:

15.1.1 delay or misdelivery, by reason of or arising out of any circumstances beyond Our reasonable control, including but not limited to:
15.1.1.1 act of God, the effect of ionising radiation or uncontrolled nuclear reaction, act of war, hostilities, riot or civil commotion, or the threat or fear of such conditions prevailing; or
15.1.1.2 criminal, malicious or negligent acts or omissions of third parties; or
15.1.1.3 industrial action; or
15.1.1.4 suspension or cancellation of other required transport services;or
15.1.1.5 traffic congestion, mechanical breakdown, or the obstruction of any public or private highway; or
15.1.1.6 Transporter driver sickness or injury; or
15.1.2.7 the unavailability of You (or the Agent) at Collection or Delivery Point; or
15.1.1.8 legal search or seizure, in which circumstances We shall take such steps as are reasonable practicable to begin or continue the Service.

15.1.2 Your failure to act on the recommendations that We provide to You under this Agreement; or

15.1.3 Our compliance with applicable law; or

15.1.4 Your failure to comply with applicable law; or

15.1.5 any breach of Your obligations under this Agreement; or

15.1.6 other products or services that You book through Us, as an agent for the supplier thereof, unless caused solely by Our negligence.

15.2 Neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature, including but not limited to, any economic loss or other loss of turnover, profits, business or goodwill. The provisions of this clause 15.2 shall not apply to clause 15.3 or where You breach any of Your obligations under clauses 9 or 10.

15.3 Our liability for compensatory damages You are entitled to recover for proven Losses sustained to You in the event of death or personal injury caused by an accident is subject to rules and limitations set out by applicable law and this Agreement.

15.4 Nothing in this Agreement shall be construed so as to exclude or limit the liability of either Party:

15.4.1 for death or personal injury as a result of negligence of such Party or its agents, servants, employees or representatives (if any); or
15.4.2 in respect of any fraudulent statement or act by such Party.

15.5 This Agreement (and all applicable exclusions and limits of liability) applies for the benefit of Our agents, servants, employees and representatives to the same extent as they apply to Us. As a result, the total amount recoverable from Us or Our agents, servants, employees or representatives shall not be more than Our own liability, if any.

16. Indemnity

16.1 You shall indemnify and hold Us harmless from and against all Claims and Losses arising from or relating to, loss, damage, injury to Us, Our agents, servants, employees, representatives or third parties, by reason of or arising out of:

16.1.1 Your failure to act on the recommendations that We provide to You under this Agreement; or

16.1.2 Your failure to comply with applicable law; or

16.1.3 any breach of Your obligations under this Agreement; or

16.1.4 You not being appropriately authorised to submit or send a Booking or accept the terms and conditions of this Agreement (and Our regulations and policies as indicated to You).

17. Variations and Amendments

17.1 No alteration, variation or addition to this Agreement shall be valid unless made in writing and signed by senior executive of AVL and the Customer (or where the Customer is a business, a person holding the appropriate position of duty or authority).

17.2 This Agreement was last updated on 1st March 2011.

18. Notices

18.1 Notices given or made under this Agreement shall be in writing and shall be sent by prepaid first class recorded delivery post or electronic mail message. Notices shall be deemed to have been received by the addressee:

18.1.1 within 48 hours where posted (to the correct postal address) within the United Kingdom; or

18.1.2 after the normal posting delivery period where posted (to the correct postal address) outside the United Kingdom; or

18.1.3 on the date of sending where delivered by electronic mail message (to the correct electronic mail address).

19. Assignment

Neither Party may assign this Agreement without the prior written consent of the other Party, except that either Party may, without the consent of the other, assign the Agreement to a controlled subsidiary of that party or a purchaser of all or substantially all of that Party's assets used in connection with performing this Agreement, provided the assigning Party guarantees the performance of and causes the assignee to assume in writing all obligations of the assignor under this Agreement. The rights and obligations of this Agreement shall bind and benefit any successors or assigns of the Parties.

20. Waiver

The failure of either Party at any time or times to require performance of any provision hereof shall not affect that Party's right to enforce such provision at a later time. No waiver by either Party of any conditions or the breach of any term, covenant, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition, or breach or a waiver of any other condition, or be deemed to be or construed as a waiver of the breach of any other term, covenant, representation or warranty in this Agreement.

21. Severance

In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either of the Parties from any relevant competent authority, We shall amend that provision in such reasonable manner as achieves the intention of the Parties without illegality or, at Our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.

22. Entire Agreement

This Agreement sets out the entire agreement between the Parties in connection with its subject matter and neither Party has entered into this Agreement in reliance on any representation, warranty or other provision except as expressly provided in this Agreement. Any conditions, warranties or other terms implied by statute or common law are excluded from this Agreement to the fullest extent permitted by law. Nothing in this Agreement excludes liability for fraud.

23. Governing Law

These terms and conditions are governed by and will be interpreted in accordance with English law and the Parties submit to the exclusive jurisdiction of the English courts.

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