1. Charges
The customer agrees to pay the company
For all journeys undertaken by a driver of a taxi or a private hire vehicle provided by the company the journey cost applicable at the time of each relevant journey or the rate as may otherwise be agreed with the company in writing plus all other agreed charges including administration charges.
3. The Rights and Powers of the Company
3.1 The Company reserves the right to:-
a. Alter any account number or the Invoice limit at any time and notify the Customer of such changes.
b. Change the rules or instructions concerning the use of any part of the Service from time to time and
To notify the Customer accordingly.
c. Temporarily suspend the Service to the Customer wholly or in part in the interest of the security or
Quality of Service or in the interest of other Customers or if the Invoice limit is exceeded.
d. Suspend or temporarily suspend the Service in the event of communication failure.
e. Decline the Service unless the Company is at its own discretion satisfied that the proper security
Procedures have been followed and shall not be liable in any way for refusing the Service under these
Circumstances.
4. Payment of Invoices
Subject to any other written agreement between the parties hereto:
4.1 Invoices will be delivered monthly.
4.2 The Customer agrees to pay in full within 21 days of the date the total of such invoices.
4.3 The Company shall be entitled to charge interest on the balance of any account remaining unpaid
for a period of more than 21 days at the rate of 15% per annum.
4.4 The company shall be entitled to charge the customer for any collection costs including legal fees
incurred in collection of an overdue payment.
5. Invoice Limit
At the time of opening an account the Company will set a limit on the total amount outstanding. The
Company will refuse to accept any further business in the event of this limit being exceeded. It will be
the duty of the Customer to ensure that the use of the Service is operated within the Invoice limit.
However the Company is not under a duty to the Customer to limit the Service to the Invoice limit and if
in their absolute discretion the Company should continue to provide Service over and above the Invoice
limit the full amount due to the Company shall be payable by the Customer notwithstanding that the
Invoice limit may have been exceeded.
6. Termination
The Service provided by the Company may be terminated as follows:
6.1 By either party giving the other 21 days written notice.
6.2 Immediately if the Customer (without prejudice to any other rights or remedy of the Company):
a. Fails to pay when due any sums payable.
b. Commits any act of bankruptcy or compounds with his creditors or a Petition or
Receiving Order in Bankruptcy is presented or made against the Customer or a
Petition for an Administration Order is presented in relation to the Customer or
Resolution or Petition to wind up the Customer is passed or presented (otherwise than for
reconstruction or amalgamation) or a Receiver or Administrative Receiver is appointed.
c. Fails to observe or perform or breaches any of the Terms and Conditions set out herein.
6.3 Any waiver by the Company of any breach by the Customer of these Terms and Conditions is limited
to that particular breach. No delay by the Company to act upon a breach shall be deemed a waiver.
7. Disputes
7.1 In the event of any dispute concerning the calculation by the Company of its charges such dispute
by the Customer within 21 days of the Invoice (time being of the
g received by the Company the Customer shall accept
the amount as being properly due and calculated and shall not be entitled to dispute the sum in any
way whatsoever.
7.2 Any dispute arising under the Terms and Conditions which does not involve a complicated issue of law shall be referred in the first instance to arbitration.
8. Limitation of Liability
8.1 The Company has no obligation, duty or liability in contract tort for breaches of statutory duty or
otherwise beyond that of a duty to exercise reasonable skill and care.
8.2 Whereas the Company shall take every reasonable care to ensure that it will only supply Licensed
Taxis driven by Licensed Cab Drivers subject thereto:
a. The Company takes no liability whatever whether in contract tort (including negligence or breach of
statutory duty) or otherwise for the acts or omissions on the part of the Taxi driver assigned to the
Company.
b. In any event in no circumstances shall the Company be liable in contract tort (including negligence or
breach of statutory duty) or otherwise for loss (whe
anticipated savings or for any indirect or consequential loss whatever.
8.3 In any event in no circumstances shall the Company be liable in contract tort (including negligence
or breach of statutory duty) or otherwise for the acts or omissions of other parties in particular the
providers of services by other Companies within the Authorised Cabcharge Network.
8.4 Each provision of this paragraph is to be construed as a separate limitation applying and surviving
even if for any reason one or other of the said provisions is held as incapable or unreasonable in any
circumstances and shall remain in force notwithstanding termination of the Service.
9. Variation
The Company may from time to time amend these Terms and Conditions and shall as soon as possible
forward a copy of the same to the Customer. The Customer shall then have 21 days from the date of
being sent such variations to decline the same and to terminate the Service but in the absence thereof
they will be bound by such variations and shall not thereafter be entitled to dispute the same whether
or not they apply to the rate of charging or otherwise.
10. Service of Notices
Any notice to be served on either party by the other shall be in writing delivered by hand or sent by
prepaid post to the last known address of the addressee. It is the duty of each party to notify the other of
the appropriate address and reference. The date of delivery of such notice shall be deemed to be the
next working day after evidence of posting.
11. Severance
Any Terms and Conditions contained herein which in any way contravene the law of any state or region
including the law of the European Economic Community in which the service operates shall in such
state or region to the extent of such contravention of law be deemed severable and shall not invalidate
any other Terms or Conditions hereof.