Terms & Conditions

GSW t/a GWC TERMS AND CONDITIONS 1. It is a condition of this agreement that the contract Holder ensures that the operator; a) At all times operates the Vehicle in a lawful manner and in accordance with manufacturers recommendations in service schedules and manuals, and the conditions of his operators licence. b) Carries out all specified daily and routine checks and any additional repairs or works necessary on the Vehicle which are not covered by this Agreement and notifies GWC immediately of any deterioration in performance of, or instrument warnings on, the Vehicle. c) At all times fits and uses a tachograph and where appropriate, an hour meter or hubometer. Where distance/time records are unavailable due to equipment failures, the operator will immediately notify GWC ,GWC shall be entitled to estimate these on the of average usage and specific information in respect of the unrecorded period. d) Notifies GWC immediately of any change in the nature of operation, expected/actual mileage, plated weight or body/equipment on the Vehicle, and the countries of operation. e) Ensures that the Vehicle is driven by qualified and competent drivers for carriage of goods in the ordinary course of business and no work subject to GWC undertakings in this agreement is carried out on the Vehicle other than by GWC without GWC consent. f) Shall not purport to assign or transfer the benefit of this agreement, which is personal to the named contract holder. GWC shall consider applications from subsequent Vehicle purchasers for R&M cover. g)Will make the Vehicle available when required for R&M work to be carried , during GWC normal daytime business hours(except where out of hours cover is available and has been purchased),and in a reasonable clean condition. This will normally be at a mutually agreed date and time, but must in all cases be adhered to by the operator in order that GWC may carry out its obligations clause 2 below. 2. GWC will repair and maintain the Vehicle as below; a) At GWC all normal servicing will be carried out in accordance with GWC service schedules as amended from time to time for the model of Vehicle in question and as required by legislation as at the start date of this agreement subject to excluded items. All such parts and labour will be supplied. b) GWC decision will be final on the nature and extent of repairs or replacement necessary of components failed during normal use in order to maintain the Vehicle in a serviceable condition. Any displaced parts become the property of GWC. C) The Vehicle will be prepared and will be submitted for its annual MOT test and the test fee paid. Appointments will be booked by the operator or by GWC by mutual agreement. 3. Roadside assistance and recovery: The operator will call GWC on the call out numbers provided. 4. Excluded items: The following work is not covered by R&M fees and will be charged separately to the contract holder or operator by GWC carrying out the work . Where appropriate options have been purchased as indicated overleaf the relevant sections below are superseded, and are subject to any addendum to this agreement relating to that equipment: a)the repair, maintenance and replacement and replacement of tyres. b)the recovery and repair of damage caused by accident. c)The maintenance or repair of the body, any ancillary equipment, accessories and pumping equipment, or any equipment added to the Vehicle unless stated in the contract. d) The repair of damage resulting from negligence or incorrect use of chassis. e) The repair of damage to the chassis resulting from faults in or incorrect fitment of body. f) The painting of the cab, chassis or body. g) The replacement of all glassware, lenses or substitutes, including bulbs, mirrors, headlights, reflectors and side markers. h) The addition of lubricants or fluids between scheduled services. i) Reflection of damage caused by use of parts other than GWC parts, or use of oils or other lubricants not approved by GWC. j) Any associated cost directly resulting from diesel waxing, frozen brakes, or any failure caused as a direct result of ambient temperatures below freezing point. k) Washing or steam cleaning the Vehicle, except for an annual MOT test preparation. l) Normal operator daily and weekly checks. m) Collection and delivery to the normal servicing point and call out cost to the operators premises. n) The repair and maintenance of any non-factory filled in-cab entertainment equipment. o) The cost of additional work imposed by legislation after the start date of the agreement. p) Standard or Premium overseas cover. 5. Payment. a) The R&M free calculated at the start date of this agreement is based on the annual distance, duration of agreement, service interval, Home Servicing Dealer and ‘O’ Licence requirements before the given operation as stated overleaf. Any changes may result in amended R&M fees. b) Unless Inflation Protection has been purchased the charges may be increased in line with the index basis and stated overleaf. This is calculated as the overall increase in costs based upon increases in labour costs and increases in parts costs, and the initial Index at the start of the contract is stated overleaf. Under normal circumstances price increases will be applied once a year and will not be retrospective. The Contract Holder will be notified in writing of any such changes. c) The Contract Holder will make payment of R&M fees plus VAT at this current rate by Direct Debit monthly in advance on the 1st of the month or as specified overleaf and GWC will supply an appropriate invoice. Where Direct Debit is refused/cancelled or any other form of payment is used, GWC will charge an administration surcharge on the R&M fees. d) Where Inflation and Protection has been purchased GWC will absorb the first 7.5% increase in the index in any other one Contract year. Any excess increase in the Index in any one contract year shall from the date of application of the Index be incorporated into and form part of the R&M fees to be paid by the Contract Holder under the terms of this agreement. e) Actual Distance Reconciliation: The R&M fees are based upon the stated annual distance. Where it becomes clear that there is significant variation, or upon termination of this Agreement and in any event annually, a verification will be made upon full records supplied by Operator or GWC from GWC records, as to the distance covered in the period in question. In respect of excess distance the Contract Holder will pay forthwith the applicable excess distance pence per kilometre (ppk) plus any additional costs incurred due to consequent deterioration of the Vehicle or additional servicing requirements, and the subsequent monthly payment be varied accordingly. In the event that the distance covered is less than the started distance, the Contract Holder will be refunded up to 1 month’s R&M fees. f) Interest is payable on a day to day basis upon late payment from the due date for payment at the rate of 5% above Finance House Base Rate current at the time. 7. Liability. a) GWC will ensure that work under this Agreement is carried out in a competent and workmanlike manner. Consequential losses including lost loads, delays or loss of use are specifically excluded from GWC’s liability, and the Contract Holder recognises that the pricing of the contract is on this basis. The Contract Holder will take out such insurances and make such provisions as he feels necessary to cover such risks. b) GWC does not seek to exclude liability in negligence or such statute for any personal injury which may be its responsibility. 8. Employee Acquired Rights. a) The parties expressly agree that the fees agreed by GWC represent the charges for carrying out the repair and maintenance obligations, and are on the basis that no employees of the Contract Holder or his existing contractors (if any) shall be transferred or be entitled to be transferred or acquire any employment rights against GWC or its sub-contractors or agents. b) In the event that any such claims are made, the Contract Holder fully indemnifies GWC its sub-contractors or agents, against all costs, claims and demands of this nature, including without limitation, the legal and administrative costs involved, and the value of any awards made to such claimants either by tribunals or courts, or in the way of reasonable settlement. c) The Contract Holder agrees that in any event where it anticipates that such claims may arise, it shall take all reasonable steps to resolve and settle such claims prior to the signing of this agreement or the assumption of repair and maintenance obligations by GWC. d) Where GWC its sub-contractors or agents employ, on a continuous basis, staff previously employed by the Contract Holder, the indemnity given by the Contract Holder shall be limited to those costs, claims and demands attributable to the accrued service with the Contract Holder prior to employment by GWC. 9. Termination. This Agreement shall terminate automatically at the expiry of the specified contract period, or in the following circumstances: a) Either party may serve notice on the other terminating forthwith in the case of material breach of any of the conditions in this Agreement. In the case of termination by GWC the Contract Holder shall pay all the R&M fees due to the date of termination plus 3 months R&M fees or, if greater, the amount by which GWC’s expenditure on the Vehicle exceeds the R&M fees paid. b) In the case of late payment of R&M fees, as a concession purely at GWC’s discretion the following procedure may be instituted: i) All R&M work will be suspended during a period of non-payment. ii) GWC may offer the Contract Holder the opportunity to bring all arrears and interest up to date. iii) Upon such payment GWC may arrange for the Vehicle to be inspected at GWC’s expense and, if the condition of the Vehicle is satisfactory, may bring up to date the servicing of the Vehicle. Any additional work outside the anticipated servicing and repairs during the period of suspension will be paid by the Contract Holder. iv) Subsequent payment and R&M work may then resume. v) If these concessions are not met then GWC will not resume services and will pursue all arrears, interest and payment in lieu of notice. c) The Agreement terminates automatically if the Contract Holder or Operator compounds with its creditors, has a Receiver appointed or goes into liquidation, or commits any act of bankruptcy in the case of an individual. d) Either party may terminate by giving one month’s notice in writing in the absence of any breach. If the Contract Holder serves notice he shall pay all R&M fees to the date of termination plus an additional 3 months. If GWC serves notice it will make a refund to the Contract Holder at the date of termination of 3 months R&M fees on condition that the Contract Holder is not in breach of the Agreement at the date of termination. 10. Owners no ‘Operating’ Vehicles. Where the Contract Holder specified in this Agreement is not the Operator of the Vehicle, such as a Finance company, the Contract Holder will ensure that the Operator is aware of and subject to equivalent obligations in respect of the use of the Vehicle. Any breach of this Agreement by the Contract Holder or Operator in such circumstances will give rise to all liabilities under this Agreement, and the fact of use by a third party shall be no defence to such action. 11. Use of your information. GWC will use the Vehicle’s Registration Number and other relevant data shown overleaf to obtain MOT information from VOSA. By signing this Agreement, the Contract Holder is agreeing to this use and disclosure of information. If the Contract Holder does not wish GWC to do this, the Contract Holder should write to GWC as confirmation. 12. Force Majeure. Neither party shall be in breach of this Agreement where any failure of non-performance is due to circumstances beyond their control. Including, but not limited to, Acts of God, failure of transport or other essential services, inclement weather fire, flood, industrial action, war, riot or civil commotion. The party suffering such events shall advise the other as soon as practicable. If such event persists for more that 30 days, the other party may terminate without further payment due, beyond any accrued prior to such event. 13. Validity and Jurisdiction. Any finding of invalidity against individual clauses in this agreement shall not affect any other clause. This Agreement shall be subject to the laws of England, and, if the parties agree, disputes may be referred to an Arbitrator appointed by the President of the Society of Motor Manufacturers and Traders Ltd. 14. Parking. Parking charges will be agreed with the operator per parking space. Parking costs are chargeable in advance. If at any time these charges fall into arrears then GSW Transport reserve the right to apply a storage charge of £25 per day. 15.Any agency supplying staff to GWC will only be paid after the 3 months probationary period has been completed & GWC will pay a maximum on £1500 to the agency.