The following Conditions apply to all Agreements with Concours Vehicles Ltd whose registered address is at 202 Dudley Road, Halesowen, Birmingham, B63 3NR.
CONCOURS VEHICLES - TERMS OF BUSINESS
The following terms of business (the “Terms of Business”) apply to all Agreements between (A) Concours Vehicles Ltd, whose registered office is at 202 Dudley Road, Halesowen, Birmingham, B63 3NR (”CV”); and (B) each of CV’ Customers.
DEFINITIONS
Terms of Business details include:
“Agreement” which is any agreement entered into between the Customer and CV. Agreements consist of a Client and Vehicle Information Form, Condition Report Document and Photographs relating to the Vehicle(s). The agreement will include all pricing information relating to the terms of business made between the Customer and CV;
“CV Client” and “CV Customer Vehicle Information Form” is applicable to all customers. The forms ensure customer details and vehicle(s) details are available to protect against fraud and stolen vehicles.
“CV Condition Report” is details the condition of Vehicle(s) at point of delivery to CV and collection from CV for removal.
The “Customer” is any person(s) or other entity entering into an Agreement with CV.
“Vehicle Delivery Location” means the Vehicle delivery location located at CV Head Office for Customers day time drop offs.
“Vehicle Photographs” are photograph(s) taken of any Vehicle entering into agreement with CV and these photographs shall remain the property of CV at all times.
“Storage Prices” is the accurate price for storage and services provided by CV.
“Services” are services provided by CV, which includes storage of Vehicles but not limited to this.
“Vehicle” means any car, motorcycle belonging to the Customer and using CV services.
SERVICES
CV’s main business is providing high quality storage facilities for Vehicles to customers.
On arrival at CV the CV staff will inspect Vehicles and generate a condition report before accepting the vehicle into the storage facility. The condition report will include photographs as part of the condition report.
Payments for all services are payable by the Customer on a monthly basis and in advance. The initial / first payment is due before accepting a Customer’s Vehicle(s) into the CV storage facility.
On-going monthly payments are to be paid at the beginning of each monthly cycle by standing order if possible.
If required the Customer and CV can agree amendments to the Client or Vehicle Information Form as needed, this can include changes to the details of the Vehicle or inclusion of a substitution Vehicle. Any additional Vehicle(s) will require changes to be made to vehicle information this will change the Terms of Business which are to be agreed by CV and customer.
INSURANCE
The Customer agrees that they are responsible for insuring the Vehicle up to its full market value at all times. CV at all time has the appropriate policy of insurance on all Vehicles in its storage facilities. Claim made against CV is subject to the exemption clauses outlined in the terms of business.
It is the responsibility of the Customer to make sure that their own policy covers for all risks incurred whilst using a CV storage facility.
LIMITATION OF LIABILITY
CV reserves the right of being non liable for any loss, whether indirect or direct, whether caused by its own negligence, or that of its employees and whether the act was intentional, negligent, or reckless, save as detailed below.
CV will be liable to a maximum sum of £100,000 per Vehicle while such Vehicle is in storage. This limit is liable to change from time to time and CV is under no obligation to notify any Customer of such change.
CV is not be under any obligation to the Customer for any loss or damage suffered as a result of force majeure or as a result of matters outside the reasonable control of CV. In the event of damage or loss being alleged by the Customer, the onus of proof is on the Customer to show that such damage or loss has been directly caused by CV.
In any case of damage to the Vehicle the Customer shall notify CV within 7 days of its collection from a CV storage facility. 7 Days is set out as per the date of the business agreement collection date, otherwise no liability will attach to CV for such damage.
CV have no responsibility for damage or loss caused by any defects, mechanical, electrical or otherwise, relating to the Customer’s Vehicle.
CV shall be under no duty to the Customer either to act on or report on any defects that might be present, whether noticeable or not. The Customer agrees to hold CV indemnified against any loss or liability whatsoever or howsoever caused arising out of damage caused by such defects in a Customer’s Vehicle.
COLLECTION OR DELIVERY
The Customer may collect the Vehicle on giving CV a minimum of 24 hours’ notice of his intention to do so. The vehicle will be arranged for collection only if no sums are owed by the Customer to CV.
Additional charges may be made for collection as published on the website of CV. The additional charges from time to time may change and the hourly rate specified therein may change with no explanation required. Charges are in units of half an hour, or at such other rate as agreed between CV and the Customer from time to time.
Requests for delivery of a Vehicle away from the facility must be dealt with by special arrangement with AnyVan or Customer chosen transport company and any charge will be made to the independent company and CV will have no involvement in costs. No liability will attach to CV for any losses to the Customer as a result of late, non-delivery or issues on transit to a facility, where CV shows that it used its reasonable endeavours to comply with the Customer’s request
NON-PAYMENT FOR SERVICES
Any payment for Services that is overdue by more than 30 days will incur be subject to an interest charge of 8% per annum calculated from the date the payment was due until payment is made or Order of the Court.
In the event of non-payment, CV may exercise a lien over any Vehicle or property in its possession legally or beneficially owned by the Customer or any person that the Customer represents, and whether related to the amount outstanding or not. Such property shall be released only on payment of the amount due, together with the interest and any legal and administrative costs which may have been incurred in recovering the amount due.
In the event that payments remain outstanding for 3 months or more, CV may take proceedings pursuant to the Torts (Interference with Goods) Act 1977 and, after the provisions of the Act have been satisfied (i.e. notice has been given to the Customer that the Vehicle must be collected and payment made within a reasonable period), CV may sell the Vehicle and any other goods as set out above, and account to the Customer for any balance that may be due to him. If any balance is due to CV, this procedure shall not prejudice any right of recovery.
TERM AND AMENDMENTS
Any Agreement shall have a minimum term of 30 days and can be amended by CV at any time on 30 days prior written notice to the Customer.
All agreements are subject to such minimum term and CV or the Customer may terminate the Agreement on notice of 30 days in writing, and CV shall release the Vehicle to any person nominated by the Customer on proof of his identity, provided that all sums due to CV have been paid in full and all funds cleared.
Where notice has been given under this clause, the Vehicle may be removed by the Customer at any point during the notice period providing 24 hours prior notice has been given and providing that any sum due to CV, including payment for the notice period has been received fully and all funds have been cleared.
Where CV has terminated this Agreement the same applies, but if the Vehicle has not been removed by the end of the 30 day period, it must be removed within 48 hours, or CV shall be entitled to invoke the procedure set out above forthwith.
An Agreement, if not made with the Customer present on the premises of CV, may be subject to The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2014 and if so the Customer has the right to cancel the Agreement within 14 days of the date thereof, unless the Services have commenced within that period, and is entitled to the refund of any money paid.
DISAGREEMENTS
Although it is hoped that any disagreement between CV and the Customer shall be resolved amicably, if it cannot, the Agreement shall be interpreted in accordance with the laws of England and Wales whose courts shall have exclusive jurisdiction in determining any questions arising from it.
FORCE MAJEURE
CV shall in no event be responsible for any delay or failure in performance of any obligations under an Agreement resulting from circumstances beyond its reasonable control.
