Collection & Delivery Only – September 2020
Definitions
“The Company”
Shall mean Gemini Drivers, hereinafter referred to as Gemini, company registration number 11084569
“The Customer”
Shall mean any organisation or person who requests services and/or engages in business with the company.
“Booking”
Shall mean a request by the customer to the company to collect a vehicle from the agreed collection point and to deliver to an agreed delivery point by an agreed date.
“Fees”
Shall be the amount the company charges to provide the collection and delivery service to the customer as specified in (schedule 1) and notified to the customer at the time of booking.
“Commencement date”
Shall mean the date on which the vehicle collection has been agreed.
Services
Gemini will provide a collection and delivery services only and is not providing an inspection service. The full inspection to verify damage and missing items will already have been carried out by the customer or a representative of the customer.
Gemini will collect the vehicle either directly following the inspection or within the agreed SLA timeframe. The Gemini driver will take camera images of front, rear and both side elevations of the vehicle and any obvious damage to wheels, panels and lights/lenses when arriving at the collection point and again at delivery point handover so that responsibility for any damage cannot be attributed to Gemini whilst in our care.
Once a representative of the customer has taken handover of the vehicle by signing a receipt which may be in electronic form and which shall constitute proof of delivery, Gemini will have no further liability for any future claims to the vehicle’s mechanical or cosmetic condition.
Bookings
When making a booking for the collection and delivery of a vehicle, the customer shall advise the company of the following minimum details in order that the company can either accept or decline the job and if accept, provide the customer a cost to complete the movement.
Minimum details:
- Vehicle registration, make and model
- Full Collection address & post code
- Full End destination address & post code
- Customers full name and contact number(s)
- Latest acceptable collection date
- Confirm if vehicle is roadworthy
- Vehicle taxed – yes or no
- Vehicle has valid MOT – yes or no.
Insurance
Every car that we move or is in our care is fully insured. Our Public Liability insurance cover is £5,000,000 and our fully comprehensive cover is for a vehicle value up to £100,000.
Warranties, Liabilities and Indemnities
The Customer represents, warrants and undertakes that:
It is either the owner or the authorised agent of the owner of the vehicle which it requests the Company to collect and deliver and,
It is authorised to accept and accepts these conditions not only for itself but also for all other persons who are or may subsequently become interested in the vehicle.
The Company warrants that it will use reasonable care and skill in performing the collection and delivery service.
The Company shall not be liable for:
Any loss, damage, mis delivery or delay in delivery occasioned solely or principally by any circumstances beyond its reasonable control, including but not limited to:
- Act of God,
- Criminal, malicious or negligent acts or omissions of third parties,
- Any industrial action,
- Any suspension or cancellation of transport services by reason of the presence, threat or fear of bad weather, fire, flood,
- Traffic congestion, mechanical breakdown, or the obstruction of any public or private highway.
- Pandemic
In which circumstances the Company shall take such steps as are reasonably practicable to begin or continue the collection or delivery. The Company’s liability shall be as follows:
The Company shall be liable for:
- Any loss of or damage to the vehicle; or
- Any delay in delivery, mis delivery or non-delivery; or
- Non-compliance with the Customers instructions,
- Only if it is proved that the loss, damage, delay, mis delivery, non-delivery or non-compliance was due to the Company’s negligence or default.
The Company shall not be liable to the Customer 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 the Customer of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill.
The Customer shall indemnify and hold harmless the Company from and against all claims and losses arising from loss, damage, liability, injury to the Company, its employees and third parties by reason of or arising out of any breach of the Customer’s obligations under this agreement. Claims shall mean all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort, or otherwise) and losses shall mean all losses including without limitation financial losses, damages, legal costs and other expenses of any nature whatsoever.
Vehicle Movements
Gemini will make every endeavour to complete our part of any agreement in a timely manner. We will not, however, be held responsible for failure or delay in carrying out all of our obligations under any SLA or contract arising out of any cause outside our reasonable control.
Breakdowns, Damage In Transit
If the vehicle breaks down between collection and delivery the Gemini driver will remain with the vehicle until the customers recovery agent arrives. Waiting time of £15 per hour and part thereof will be charged. The customer will still be charged the full fee (from collection to delivery point).
Gemini cannot be held responsible for any unavoidable and non-fault incidents beyond our reasonable control during vehicle movement such as oil/water leaks, road debris causing chipped windscreens, tyre damage, stone chips etc.
Any other damage caused as a result of our driver’s actions will be covered on Gemini’s insurance policy.
Gemini cannot be held responsible for the mechanical condition of any vehicle we move on behalf of our customer. In the event of warning lights and/or the vehicle encountering a fault, our driver will pull over as soon as it is safe to do so and report the issue to the Gemini duty staff who will in turn contact the customer. On motorways, if the driver believes they can safely get to the next services without causing any further damage to the vehicle they will attempt to do so.
Fuel and Tolls
The vehicle should be fuelled for the journey. Any expenses incurred such as fuel, car washes, oil, toll charges, congestion charges, etc. will be added to the invoice plus VAT. A copy receipt(s) will accompany invoices where possible.
Electric Vehicles
Such vehicles may need charging during the journey which can take time waiting for a charging point to become available as well as the time needed to charge the vehicle. Our driver will time record with a photograph of the charging station upon arrival and again at end of charge. A one-off fee of £25 plus VAT will be charged to account for waiting time and a separate photograph for the actual charging cost with receipt as evidence.
Fees and Payments
All movements will be invoiced immediately following a proof of delivery signature. Invoices are sent weekly and payment is due 30 days from date of invoice which will include VAT at the prevailing rate.
All sums due to the company under this agreement shall be paid when due without any deductions and payment shall not be withheld or deferred on account of any claim, counterclaim or setoff.
If the customer does not settle invoices by the due date, then the company shall be entitled:
To charge interest on the outstanding amount at the rate of 4% a year above the base lending rate of Lloyds Bank, accruing daily.
Motoring Offences
Gemini drivers will be responsible for motoring offences whilst the vehicle is under our care, such as speeding fines and parking tickets. Such fines will normally be sent directly to the registered keeper and it is therefore essential that the registered keeper completes the enforcement notice stating they were not in control of the vehicle at the time of the offence and crucially, in a timely manner to avoid the fine escalating in cost. The Gemini driver will only be responsible for the original charge and cannot be held responsible for the higher charge where the registered keeper has either ignored the notice or has been slow in completing and returning the notice.
Customer Obligations
The vehicle must be ready for collection and/or delivery handover when the Gemini driver arrives. If the driver is still waiting after 60 minutes, then waiting time will begin to be charged at the rate of £20 per 60 minute wait or part 60 minute wait. No charge will be made for the first 1 hour. The driver has a schedule to keep to and lateness may incur costs for Gemini.
It is the customers responsibility to ensure the vehicle is roadworthy (tyres within the legal tread limit) and have a current and valid MOT (if applicable). If a driver arrives at a collection and the vehicle is not roadworthy and/or does not have a valid MOT (if applicable) the movement will be deemed as aborted and the full fee will be due.
When booking a vehicle movement, the customer must advise whether the vehicle is taxed or not so that Gemini can plan as a trade plate movement if required.
Cancellations of booked movements can be cancelled without charge up to 2pm the day before the vehicle movement is scheduled. Any cancellations after 2pm will be charged in full.
General
Gemini requires all personal items to be removed from any vehicle prior to the company taking control of the vehicle. The company cannot be held responsible for any items left in any vehicle and are left in the vehicle entirely at the customers risk.
Any alterations to the agreed vehicle movement must only be made to Gemini Operations team and NOT directly with the driver. Gemini cannot be held liable for any changes made directly with the driver.
Law and Jurisdiction
These terms and conditions shall be governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Schedule 1
Charges to ……………………….. for each vehicle movement
- £…… per movement upto 50 miles
- Thereafter ……p per mile to end destination
- The above charges are excluding VAT