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AUTOVAULT
(hereinafter called “the Company”)
THE ATTENTION OF THE OWNER OF THE VEHICLE (“THE OWNER”) IS DRAWN SPECIFICALLY TO CONDITION 6 which has been included herein solely to relieve the Owner of the vehicle of the additional costs that the Company would need to include to recover insurance charges were its liability not limited as provided for in this Condition.
1. The Owner shall on or before presentation of the vehicle for storage inform the Company in writing of any special care required due to the particular nature of the vehicle giving precise details specifying all precautions necessary.
2. When presented for storage no explosive or dangerous articles may be deposited in the vehicle and the vehicle shall be in such condition so as not to cause damage or injury or the likelihood of damage or injury to the property of the Company or to any other vehicles and the Owner will indemnify the Company against any loss or damage it may suffer as a result of breach of this Condition and will pay all costs and expenses incurred in, and the Company’s reasonable charges for, dealing with the breach and its consequences.
3. Except as provided in Condition 4, the Company does not insure the vehicles and responsibility for maintaining insurance in respect of any vehicle deposited shall remain with the Owner who should maintain a storage insurance policy for fire, theft, accidental damage in store and any other risks as the Owner may require to be insured against.
4. The Company undertakes no liability for any destruction, damage or loss to the vehicle or any items contained within the vehicle howsoever caused, nor any delay, non-delivery, misdelivery, unauthorised delivery or non-compliance with instructions (“Loss”) provided that if and to the extent the Loss is directly caused by the neglect or wilful act or default of the Company, its employees or sub-contractors (acting in furtherance of their duties as employees or sub-contractors) the Company will accept liability for Loss up to the limit fixed by Condition 6.
5. In no case whatsoever shall the Company be liable for any loss of profit or income or indirect or consequential Loss of any kind.
6. The Company accepts a maximum liability of the value of the vehicle as notified to the Company on presentation of the vehicle for storage and the Owner agrees that the figure given is a true and accurate valuation of the vehicle at that time. The Owner shall notify the Company promptly in writing of any change in the value of the vehicle during the period of storage.
7. Any claim by the Owner against the Company shall be notified in writing to the Company within 21 days of the claim coming to the Owner’s knowledge or of the vehicle being delivered whichever shall be the sooner and any claims not so notified shall be deemed waived.
8. The Company will not be responsible for the loss, damage or destruction of any vehicle whilst in the control of a sub-contractor or similar third party if the Owner has requested or implicitly agreed such a procedure.
9. The minimum period of storage of the vehicle is three (3) months. Any extensions of the agreed period of storage will be on the same conditions subject to any adjustment of charges. Any Invoices levied must be settled in full either in advance, or no more than 28days in arrears
10. The Owner will be liable for payment for all materials used on his vehicle during storage in respect of any services agreed to be supplied by the Company.
11. Storage charges do not include the cost of any carriage of a vehicle to or from storage.
12. The Company will levy a 10% cancellation charge in respect of any storage pre-booked or pre-paid and subsequently cancelled.
13. The Company’s charges which may be increased from time to time by at least 21 days prior notice to the Owner, shall be payable free of any deductions at such period intervals as may have been agreed between the parties.
14. Interest on amounts due and unpaid shall be payable from the date when payment fell due and shall be calculated at the rate of 2% for each calendar month during all or part of which a payment is due. Further the Company shall have on the Goods a particular lien as well as a general lien enabling it to retain the vehicle as security for payment of all sums claimed by the Company from the Owner on any account. Storage charges shall continue to accrue on any vehicle detained under the lien. It remains the responsibility of the customer to cancel any regular standing order payments. Any refund is limited to a maximum of £500.oo
15. In the event of failure by the Owner by the due time to remove the vehicle from the custody or control of the Company (notice in accordance with Condition 16 having been given) or to pay any amount claimed by the Company, the Company may, without prejudice to its other rights and remedies against the Owner, give notice in writing to the Owner of the Company’s intention to sell or otherwise dispose of the vehicle at the Owner’s entire risk and expense. If such amount is not paid and/or such vehicles are not removed within 28 days from such notice the Company shall be entitled to sell or otherwise dispose of the vehicle and the proceeds of any such sale or disposal shall be remitted to the Owner after deduction therefrom of all expenses and all amounts claimed by the Company from the Owner. The Company will use a reasonably appropriate method of sale but will not be liable for any inadequacy in price achieved.
16. The Owner shall give the Company at least 7 days notice of his intention to remove any vehicle. The Company may at any time require the Owner to remove any vehicle upon 14 days notice in writing to the Owner.
17. Whilst every effort will be made to give the Owner’s vehicle the prescribed maintenance on the due day the Company reserves the right to be flexible in regard to the operation of the maintenance schedule.
18. The Company shall be relieved of its contractual obligations to the extent that their performance is prevented by or the non-performance results wholly or partly, directly or indirectly from the act, neglect or default of the Owner including any breach by the Owner of these Conditions, or by storm, flood, fire, explosion, breakdown or unavailability of plant and/or machinery, riot, civil disturbance, industrial dispute, labour disturbance or cause beyond the reasonable control of the Company.
19. Each exclusion or limitation in these Conditions exists separate and cumulatively.
20. The Owner shall give the Company notification of any changes of the Owner’s address. Any notice or communication required to be given or sent by the Company to the Owner in connection with this agreement shall be deemed to be properly given or sent by post addressed to the Owner at the last address of which he shall have given notice to the Company.
21. In the instance of dispute the Company undertakes to appoint a professional and independent arbitrator for the settling of that dispute. The decision of the arbitrator will be final. All fees will be paid by whoever requests the arbitration.
22. The Owner agrees that any video record of the vehicle made upon delivery for storage is a true and accurate record of the condition of the vehicle at that time.
23. All contracts between the Company and the Owner shall be governed in all respects by the laws of England and the Owner hereby submits to the exclusive jurisdiction of the English courts.
