RJF Autostore – Terms and Conditions

These Terms and Conditions will apply to the provision of all Services by us, RJF Autostore, a company registered in England and Wales under number XXXXX, whose registered office address is XXXXX (referred to as “the Company/we/us/our/”).

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Acceptance” means the acceptance of our Quotation (electronically or otherwise), and includes the acceptance of these Terms and Conditions;

“Client” means the individual, firm or corporate body purchasing the Services.  Where an individual is entering into this Contract on behalf of a business, the individual confirms they have the authority to enter into this Contract on behalf of that business and the business will be the Client in the context of this Contract;

“Consumer” is as defined in the Consumer Rights Act 2015;

“Contract” means the contract formed upon acceptance of the Quotation by the Client, which will incorporate and be subject to these Terms and Conditions, which sets out the entire scope of Services to be provided;

 “Quotation” means our Quotation to carry out the Services, which unless otherwise stated, remains open for acceptance for a period of 30 days;

“Services” means the vehicle storage services to be carried out by us as detailed in our Quotation;

“Term” means the term of this Contract as defined in clauses 2 and 13; and

“Vehicle(s)” means the Vehicle(s) as to be stored by us.

1.2. Unless the context otherwise requires, each reference in these Terms and Conditions to:

1.2.1. “we”, “us” and “our” is a reference to the Company;

1.2.2. “writing” and “written” includes emails and similar communications;

1.2.3. a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

1.2.4. “these Terms and Conditions” is a reference to these Terms and Conditions as may be amended or supplemented at the relevant time;

1.2.5. a clause is a reference to a clause of these Terms and Conditions;

1.2.6. a "Party" or the "Parties" refer to the parties to these Terms and Conditions.

1.3. The headings used in these Terms and Conditions are for convenience only and will have no effect upon their interpretation.

1.4. Words imparting the singular number shall include the plural and vice versa.  References to any gender shall include the other gender.  References to persons shall include corporations.

2. The Contract

2.1. We will provide you with a written Quotation, detailing the Services to be provided.  Your acceptance of our Quotation, electronically or otherwise, or the placement of an order, creates a legally binding Contract between you and us, and includes the acceptance of these Terms and Conditions, which will apply between you and us.

2.2. You are responsible for the accuracy of any information submitted to us, and for ensuring that our Quotation reflects your requirements.  Our Quotation is based on the information provided to us at the time we prepare it.  Should any errors or discrepancies become evident, we reserve the right to adjust it.

2.3. No terms or conditions stipulated or referred to by you in any form whatsoever will in any respect vary or add to these Terms and Conditions unless we agree otherwise in writing.

2.4. We shall use reasonable endeavours to meet any performance dates, collection and delivery times, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.

3. The Services

3.1. The Services shall be on an ongoing basis and will commence on the commencement date outlined in the Quotation.  The Contract will continue for any minimum term specified in the Quotation and thereafter will continue on an annual rolling basis unless a written notice to terminate is given by either party 30 days in advance. 

3.2. We will list the Vehicle(s) to be stored by us within the Quotation. 

3.3. We will accept delivery of the Vehicle(s) on the dates agreed by us, or may, at our sole discretion, collect the Vehicle(s).

3.4. We will ensure all Vehicle(s) stored by us are protected and shall suffer no damage whilst they are in our possession. However, at all times both title and risk in the Vehicle(s) shall remain with you and you are responsible at all times for insuring them against their full replacement value. 

3.5. Where any Vehicle(s) are temporarily retrieved by you, the storage space for such Vehicle(s) shall be reserved pending their return and accordingly you  shall remain liable during this period for the relevant Storage Charge applicable as if the Vehicle(s) had remained stored with us.

4. Your Responsibilities

4.1. You agree to:

4.1.1. provide us with any information, advice and assistance relating to the Services as we may reasonably require within sufficient time to enable us to perform the Services, including but not limited to any details concerning the Vehicle(s) such as its value and condition;

4.1.2. ensure that the Vehicle(s) are suitable for delivery or collection and are the agreed size.  Any changes to this must be approved by us in writing before being acted upon by you.

4.2. If you fail to meet any of the provisions of clause 4.1 above, then without limiting our other rights or remedies, we will:

4.2.1. either return the Vehicle(s) or demand that you collect them at your expense, and otherwise suspend the Services until you rectify the issue;

4.2.2. not be held liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay in performing any of our obligations as a result; and

4.2.3. be entitled to claim for any costs or losses incurred by us arising directly or indirectly from your default.

5. Fees and Payment

5.1. You agree to pay the fees as detailed in the Quotation and in accordance with these terms of payment.

5.2. You will pay for any additional services provided by us that are not specified in the Contract.  These additional services will be charged in accordance with our current, applicable rate in effect at the time of performance, or such other rate as may be agreed.  Any charge for additional services will be supplemental to the amounts that may be due for expenses.

5.3. We reserve the right to request a deposit up front before the Services commence.  If so, this will be detailed in our Quotation and must be paid before any works will be carried out. 

5.4. All invoices are payable in pounds sterling by cheque or bank transfer, without set-off, withholding or deduction, strictly within 14 days from the date of invoice, unless otherwise agreed. 

5.5. All prices quoted are exclusive of VAT, where applicable.

5.6. We reserve the right to adjust our fees periodically but we will give you no less than 3 months’ notice of this. 

5.7. The time of payment shall be the essence of the contract.  If the Client fails to make any payment on the due date then we shall, without prejudice to any right which we may have pursuant to any statutory provision in force from time to time, have the right to suspend the Services, suspend any permissions granted under clauses 5.2 or 6.2 where applicable, and charge the Client interest at a rate of 8% per annum above the Bank of England base rate from time to time in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.  Such interest shall be calculated cumulatively on a daily basis and shall run from day to day and accrue after as well as before any judgment.

5.8. If you do not pay all amounts due to us, including any interest, we have the right (known legally as a lien) to retain your vehicle(s) pending full payment of all such amounts, and storage charges (and interest) will continue to be charged during such period until all amounts due to us are paid in full. In the event of non-payment by you of charges due to us for 6 months after they become due, we shall be entitled, upon giving you at least 21 days advance notice in writing, to sell your vehicle(s) on your behalf, to apply the proceeds in the discharge of all sums due to us (including further storage costs and interest, and the costs of any such sale) and then to account to you for any remaining balance, at which stage we will be discharged from any further liability or responsibility in respect of your vehicle(s).

6. Cancellation and Termination

6.1. If you are a Consumer, you have a statutory right to a “cooling off” period. This period begins once the Contract is formed as set out in clause 2 and ends at the end of 14 calendar days after that date.

6.2. If you wish to cancel the Contract within the cooling off period, you should inform us immediately by post or email to the contact details provided with our Quotation. You will meet the cancellation deadline as long as you have sent your cancellation notice before the 14 days have expired.

6.3. If you cancel within the cooling off period, you will receive a full refund of any amount paid to us under the Contract, including any deposit if applicable.  Any refunds will be made within 14 days after the day on which we are informed of the cancellation, using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

6.4. If the commencement date for the Services falls within the cooling off period, you must make an express request for the Services to begin within the 14-day cooling off period. By making such a request, you acknowledge and agree that if you cancel the Contract after the Services have begun, you will be required to pay for the Services and any Materials supplied up until the point at which you inform us of your wish to cancel.

6.5. After the expiry of the cooling off period above, if you wish to cancel the Contract, you will need to give us 2 weeks’ notice in writing.  Any monies already paid will be non-refundable and you will remain liable to pay for any Materials we have ordered and Services we have provided up until the date of cancellation.

6.6. If you are not a Consumer or wish to cancel the Contract after the 14-day cooling off period has expired, we will need a minimum of 14 days’ notice.  You will remain liable to pay for the minimum term in full. 

6.7. We may cancel the contract at any time and if we do, we will confirm this in writing.  If we cancel the contract before providing the Services, we will refund any payments you have made in advance. 

6.8. Either we or you may cancel the contract immediately if the other:

6.8.1. has committed a material breach of this contract, unless the breach is capable of remedy, in which case this right to terminate will be exercisable if the other party has failed to remedy the breach within 14 days after a written notice to do so; or

6.8.2. goes into bankruptcy or liquidation either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.

6.9. Cancellation of the contract for any reason will not affect the rights and liabilities of the parties already accrued at that time and any clauses that are stated to continue in force after termination will not be affected.

6.10. Upon termination:

6.10.1. you will be required to collect or arrange for the return of the Vehicle(s) within the timeframe as specified by us. We reserve the right to charge all storage costs incurred where you have not done this within the agreed timeframe; and

6.10.2. any sum owing by either Party to the other under any of the provisions of this Contract shall become immediately due and payable.

7. Confidentiality:  

Both parties agree that they will not use the confidential information provided by the other, except to perform their obligations under the Contract.  Each party will maintain the confidential information’s confidentiality and will not disseminate it to any third party, unless so authorised by the other party in writing.

8. Liability

8.1. Nothing in these Terms and Conditions excludes or seeks to exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

8.2. Except as provided in clause 10.1 above, we will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under the express terms contained herein, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our employees, agents or otherwise) in connection with the performance of our obligations under the Contract.  All warranties or conditions whether express or implied by law are expressly excluded to the maximum extent permitted by law.

8.3. In the event of a breach by us of our express obligations under these Terms and Conditions, your remedies will be limited to damages, which in any event, will not exceed the fees paid to us in the preceding 12-month period.

9. Force Majeure: 

Neither Party will be liable for any failure or delay in performing their obligations under the Contract where such failure or delay results from any cause beyond the reasonable control of that Party.  Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism or war, governmental action or any other event beyond the control of the Party in question.

10. Data Protection

10.1. Both parties agree to comply with all applicable data protection legislation including, but not limited to, the Data Protection Act 2018, the UK General Data Protection Regulation, and any subsequent amendments to them.

10.2. It may prove necessary for us to take photographs during the Services of any notable findings.  Any such photographs will not include personal data.  We agree that we will only use such photographs in order to provide the Services and will not use them in any other way without consent.

10.3. For full details on how we process data, please refer to our privacy policy, which is available on request. 

11. Other Important Terms

11.1. We may transfer (assign) our obligations and rights under the Contract to a third party (if, for example, we sell our business) and we will inform you in writing. Your rights under the Contract will not be affected and our obligations under the Contract will be transferred to the third party who will remain bound by them.  You may not transfer (assign) your obligations and rights under the Contract without our express written permission, which will not be unreasonably withheld.

11.2. We will be free to sub-contract any of our obligations under the Contract.  We will be responsible for every act or omission of any sub-contractor as if it were an act or omission of our own.

11.3. Nothing in the Contract will render or be deemed to render us an employee or agent of yours or you an employee or agent of ours.

11.4. The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Contract.

11.5. Any part of these Terms and Conditions found to be unlawful, invalid or otherwise unenforceable would be severed from our Contract. This will not affect the validity and enforceability of the remaining parts of the Contract.

11.6. No failure or delay by either party in exercising any rights under the Contract means that we or you have waived that right, and no waiver by either party of a breach of any provision of the Contract means that we or you will waive any subsequent breach of the same or any other provision.

11.7. Notices will be deemed to have been duly received and properly served 24 hours after an email is sent or 3 working days after the posting of any letter.  In proving service, it will be sufficient to prove, in the case of a letter, that it was properly addressed, stamped and placed in the post and in the case of an email, that it was sent to the email address of the addressee.

12. Law and Jurisdiction

12.1. These Terms and Conditions and the Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) will be governed by, and construed in accordance with, the laws of England and Wales.

12.2. Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions or the Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) will fall within the jurisdiction of the courts of England and Wales.