Road Freight Terms and Conditions

1. Meaning of Expressions

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

1.1 ‘CARS’, ‘We’, ‘Our’ and ‘Us’ means CARS Motorsport Ltd., whose registered office is: The Old Airfield Site, Bury Road, Chedburgh, Suffolk, United Kingdom IP29 4UQ. CARS Motorsport Ltd. is registered in England and Wales, number 05491206.

1.2 ‘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.

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

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

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

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

1.7 ‘Transport Booking Form’ means the Transport Booking Form that will be made available to prospective clients or their representatives during the Booking stage of a job, and must be completed prior to acceptance of a Booking.

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

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

1.10 ‘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.

1.11 ‘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.

1.12 ‘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.

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

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

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

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

1.17 ‘Supplementary Service Fee’ means an additional cost that may be payable by the Customer to CARS for an additional Service. Rates are variable and open to change at any time. The current rate for ‘an additional charge’ will be made available to You upon request.

1.18 ‘Modified Vehicle’ means a Vehicle that is higher, lower, longer or wider than the Vehicle manufacturer’s standard specification. This includes any articles attached to the Vehicle, including but not limited to, a roof rack/box, bike rack or bikes, or any other modification that means the Vehicle is not completely as per the Original Vehicle Manufacturer’s specifications.

1.19 ‘Vehicle Condition Report’ means any form of documentation be it paper based, electronic based, photographic, videographic or other, that documents all or part of the condition of a Vehicle at a specific point in the transportation process, inclusive of pre and post contact, movement.

1.20 ‘Transporter’ means one of CARS’ vehicles that is used by CARS to carry other vehicles and to provide the Service, or any Vehicle subcontracted by CARS to carry other vehicles and to provide the Service.

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

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

1.23 ‘Losses’ means all losses including without limitation financial losses, damages, legal costs and other expenses of any nature whatsoever. 1.24‘Unforeseen’ means any situation not anticipated, predicted or beyond Our control that results in Us not delivering Our Service as agreed.

2. Quotation

2.1 Following Your request, We shall provide to You a written and/or electronic mail 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.carseurope.net and using the ‘Get A Free Quotation’ Service. You shall provide to Us all of the information that We require correctly and in full.

2.4 The Quotation of the Fee has a maximum validity of 90 days unless otherwise stated. In the case of no validity period for a given quotation being specified, 90 days will be assumed.

3. The Service

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

3.1.1 We offer two types of transportation Service. Dedicated and Shared Load.

3.1.2 Dedicated Service will allow for a preferential date and time to be specified for collection and or delivery of Vehicle/s, parts, equipment and or any other type of load. This will stand only with the agreement (written or electronic mail) of a CARS representative prior to collection.

3.1.3 Shared Load Service will consist of one or more vehicles of independent ownership travelling on a transporter with one or more vehicles of independent ownership of, or by different people, companies or organisations.

3.2 An agreed shared load is subject to the following:

3.2.1 Collection and/or delivery being within a 48 hour window either side of the agreed preferential collection and/or delivery date.

3.2.2 Clause 3.2.1 is applicable provided that the Booking has been made and confirmed more than 21 days prior and exclusive of the Preferential Collection Date and subject to the provisions of this agreement.

3.2.3 In the instance of clause 3.2.1 not being achievable due to Unforeseen circumstances, CARS Motorsport Ltd and its employees will not be held liable for any costs, charges, fines, or emotional impact caused whatsoever and in any way. CARS Motorsport Ltd will deliver Your Vehicle/s, parts, consignment, load as soon as practicably possible.

3.3 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.

3.4 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.

3.5 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.

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

3.7 From time to time we may consider it necessary to use subcontractor-partners to carry vehicles on our behalf. These will always be from reputable companies known to CARS who have entered into agreement with us to provide vehicle transportation services to the standard expected of CARS and are licensed, insured and otherwise qualified to do so.

3.8 The carriage of ancillary goods (including but not limited to spare parts, tool kits, luggage and personal possessions) must be agreed in advance of Booking and may be agreed at our discretion and convenience. Moreover CARS accept no liability for loss or damage of such goods during transportation, collection or delivery.

3.9 We shall provide the Service to You subject to You completing the Transport Booking Form 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 complete and submit the Transport Booking Form online at www.carseurope.net/Booking/. You shall provide to Us all of the information that We require accurately and in full.

4.2.2 Following Your submission of the Transport Booking Form We shall send a 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:

4.2.3 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

4.2.4 do not receive the automated electronic mail message You shall inform Us by electronic mail message within 24 hours of Your submission of the Transport Booking Form.

4.2.5 The Booking is incomplete until We receive all the information that We require accurately and in full on the Transport Booking Form and full payment of the Fee and value added tax (if applicable) 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 complete and submit the Transport Booking Form online at www.carseurope.net/Booking/. You shall provide to Us all of the information that We require accurately and in full.

4.3.2 Following Your submission of the Transport Booking Form We shall send a reply to You by automated electronic mail message confirming Our receipt of the information and the information itself that You provided to Us. Please check the automated electronic mail message very carefully. You agree that where You:

4.3.3 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

4.3.4 do not receive the automated electronic mail message You shall inform Us by electronic mail message within 24 hours of Your submission of the Transport Booking Form.

4.3.5 The Booking is incomplete until We receive the information that We require on the Transport Booking Form accurately and in full.

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

4.5 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 an alternative make or model of Vehicle; or

4.6.1 a Modified Vehicle, where You failed to inform Us or describe the same Modification at Booking; or

4.6.2 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

4.6.3 an alternative Collection Address or Delivery Address; or

4.6.4 an alternative Preferential Collection Date. Where You require a major change it is necessary that You cancel the Booking and submit another Transport Booking Form. 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 (if applicable) from You. We require full payment from You for verification of the Booking.

5.1.2 You shall quote the invoice number, name, telephone number, Vehicle make and model that was entered on the ‘Transport Booking Form’ 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 by and inclusive of the ‘Payment Date’ date on the 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 up to a maximum of 5% above the Bank of England base rate, 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 the currency shown on the invoice, otherwise you will be liable for any currency conversion charges.

5.5 Where You pay Us through an international payments service, You shall be responsible for your own bank charges.

5.6 No payment shall be deemed to have been received until We have received cleared funds.

5.7 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 In the event of You cancelling a booking, under the terms in clauses 6.2.1, 6.2.2 and 6.2.3 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 We shall provide a credit or refund to You on condition that:

6.2.1 You booked transportation with Us in ‘full’ accordance with Our terms and conditions; and

6.2.2 You had completed the Booking more than 7 days prior and exclusive of the Booked Collection Date and You provide notice of cancellation to Us of no less than 7 days prior and exclusive of the Booked Collection Date; or

6.2.3 We can replace the Booking with a Booking from another Customer (at Our discretion).

6.3 We reserve the right unquestionably and completely to refuse the request for a refund howsoever made upon clauses 6.2.1, 6.2.2 and 6.2.3 not being satisfied.

6.4 We reserve the right to deduct up to 20% of the ‘approved’ refundable amount in respect of the coordinating of the Service by Us prior to cancellation.

6.5 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.

6.6 In the event that We are unable to carry out your requested transport for reasons beyond our control (including but not limited to weather conditions, road and traffic conditions, driver illness or injury) we will reimburse the cost of the transport and/or reschedule the transportation. We will not be liable for any additional expenses incurred by You (including but not limited to vehicle hire costs, parking or storage fees, other transport cancellation charges).

7. Collection of Vehicle

7.1 We shall contact You (or the Agent) at least 6 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 the Agent), the Vehicle and all the necessary keys shall be available within a reasonable period of time (within 1hour of our notified collection/delivery 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

7.3 Where We discover that:

7.3.1 You failed to inform Us of the correct make or model of the Vehicle at Booking; or

7.3.2 the Vehicle is a Modified Vehicle and You failed to inform Us or describe the same Modification at Booking; or

7.3.3 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.

7.4 We recommend that:

7.4.1 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

7.4.2 You remove articles that may simply detach or be stolen from the Vehicle during the Service including but not limited to, tool kits, 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.

7.4.3 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.

7.5 No Credit Account:

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

7.6 Credit Account:

7.6.1 Where We agree to pay a Vehicle Release Fee on Your behalf:

7.6.2 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

7.6.3 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

7.6.4 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 We shall assess the condition of the Vehicle in a practical way. We shall complete a report on the Vehicle Condition. Where You (or the Agent):

7.7.2 Agree to the 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

7.7.3 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@carseurope.net within a reasonable period of time (1 hour). 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.

7.7.4 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 6 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 time (within 1hour of our notified collection/delivery time). Where You (or the Agent) are unavailable at Delivery Point within a reasonable period of time time, You agree that We shall deliver the Vehicle to any one of Our premises, or approved working partner’s 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 Any one of Our premises or approved working partner’s premises You will pay the Supplementary Service Fee for storage at the current company rate.

8.2.2 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 prior to commencement of secondary delivery.

8.2.3 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.

8.2.4 You shall pay to Us Our Supplementary Service Fee in respect of the Service of the secondary delivery; and

8.2.5 Our Supplementary Service Fee in respect of the storage.

8.3 We shall not discharge the Vehicle to You (or the Agent) until We receive the payment of Our Supplementary Service Fees from You.

8.4 Receiving the Vehicle at Delivery Point

8.4.1 You (or the Agent) and We 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:

8.4.2 You (or the Agent) shall sign the Vehicle Condition Report on the appropriate section for acceptance of the delivery of the Vehicle; and

8.4.3 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.

8.5 You agree that where We deliver the Vehicle to an Agent:

8.5.1 They may receive the Vehicle on Your behalf; and

8.5.2 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 in a safe condition and that it poses no risk whatsoever to Our employees or any third Party that it may come into contact with whilst in Our care. Where at Collection Point We believe that the Vehicle is not 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 with our Transporter Driver, including but not limited to, a Vehicle repair or a taxi or chauffeur Service (whether paid to Our Transporter driver or unpaid). Our Transporter driver is trained by Us to provide the Service only.

9.5 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, 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

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

11.2.1.1 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:

11.2.1.2 Act of God, the effect of ionising radiation or uncontrolled nuclear reaction, act of war, hostilities, or riot or civil commotion; or

11.2.1.3 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

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

11.2.1.7 Our compliance with applicable law; or

11.2.1.8 Your failure to comply with applicable law; or

11.2.1.9 Any breach of Your obligations under this Agreement.

11.2.1.10 loss of or damage to any article which is not included in the Vehicle manufacturer’s specification (see clause 3.7).

11.3 Vehicle Damage Claims Procedure

11.3.1 You shall:

11.3.2 Send notice of the Claim in writing to Us within 24 hours of Delivery Point; and

11.3.3 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

11.3.4 Provide to Us a breakdown of costs for the repair from an approved repairer of the Vehicle manufacturer; and

11.3.5 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

11.3.6 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

11.3.7 Allow Us a reasonable period of time, following Our receipt of all of the information and documentation that We require under clauses 11.3.3, 11.3.4, 11.3.5 and 11.3.6, to investigate Your allegation and respond to You.

11.3.8 Further to notifying us of a claim within 24 hours of delivery, you agree to provide us with the documentation and information requested in clauses 11.3.3 to 11.3.6 within 28 days of delivery. Retrospective claims cannot be pursued.

11.4 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.

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

11.4.2 Where a senior executive of CARS 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.

11.4.3 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;

11.5.3 We may refuse to pay the whole or part of the Claim to the extent permitted by law; and/or

11.5.4 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 CARS, The Old Airfield Site, Bury Road, Chedburgh, Suffolk, United Kingdom, IP29 4UQ Please allow 20 working days for a full response.

13. Use of Personal 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:

14.3.2 You agree and accept the terms and conditions of this Agreement (and Our regulations and policies as indicated to You); and

14.3.3 You have drawn the terms and conditions of this Agreement (and Our regulations and policies as indicated to You) to the attention of any Agents acting on Your behalf; and

14.3.4 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:

14.4.2 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

14.4.3 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

14.4.4 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:

15.1.2 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

15.1.3 Criminal, malicious or negligent acts or omissions of third Parties; or

15.1.4 Industrial action; or

15.1.5 Suspension or cancellation of other required transport Services; or

15.1.6 Traffic congestion, mechanical breakdown, or the obstruction of any public or private highway; or

15.1.7 Transporter driver sickness or injury; or

15.1.8 The unavailability of You (or the Agent) at Collection or Delivery Point; or

15.1.9 Legal search or seizure, in which circumstances We shall take such steps as are reasonable practicable to begin or continue the Service.

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

15.1.1.2 Our compliance with applicable law; or

15.1.1.3 Your failure to comply with applicable law; or

15.1.1.4 Any breach of Your obligations under this Agreement; or

15.1.1.5 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:

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

16.1.3 Your failure to comply with applicable law; or

16.1.4 Any breach of Your obligations under this Agreement; or

16.1.5 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 a senior executive of CARS 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 1 March 2019.

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.