Maxi Cars Private Hire Terms
& Conditions
ONLINE BOOKING CONDITIONS
1. ALL ONLINE
BOOKINGS MADE THROUGH MCL WEB SITE ARE SUBJECT TO AVAILABILITY
AND A CONFIRMATION BACK FROM MCL
2. CLIENT MUST PROVIDE A TELEPHONE NUMBER
AND AN EMAIL ADDRESS ON THE BOOKING FORM TO ENSURE A CONFIRMATION
BACK FROM MCL.
3. ONLINE BOOKINGS WITH INVALID EMAIL ADDRESS
WILL BE CANCELLED.
4. ALL USER INFORMATION (INCLUDING YOUR IP
ADDRESS) COLLECTED ON THIS WEB SITE, WILL NOT BE DISCLOSED
TO ANY OTHER THIRD PARTY OTHER THAN MEMBERS OF MCL
GROUP OF COMPANIES.
STANDARD CONDITIONS OF
CARRIAGE
Connect Cars Kingston Ltd t/a MAXI CARS. ACCEPTS GOODS
FOR CARRIAGE SUBJECT TO THE CONDITIONS SET OUT BELOW. NO VARIATION
UNDER THE CONDITION SHALL BE EFFECTIVE UNLESS AGREED IN WRITING
UNDER THE HAND OF A DIRECTOR OF MCL.
1. DEFINITIONS
IN THESE CONDITIONS MCL SHALL REFER TO Connect Cars Kingston Ltd t/a MAXI CARS. ‘CLIENT’
SHALL MEAN THE CUSTOMER WHO CONTRACTS FOR ANY SERVICE OF MCL.
‘CONSIGNMENT’ SHALL MEAN COMMUNICATIONS,PARCELS,
PACKAGES OR OTHER GOODS CONTAINED IN ONE PARCEL OR PACKAGE
SENT AT ONE TIME AND IN ONE LOAD BY OR FOR THE CLIENT FROM
ONE ADDRESS TO ONE ADDRESS.
‘DANGEROUS GOODS’ SHALL MEAN
GOODS WHICH ARE SPECIFIED IN THE SPECIAL CLASSIFICATION OF
DANGEROUS GOODS (A) BY THE BRITISH RAILWAYS BOARD OR WHICH
ALTHOUGH NOT SPECIFIED THEREIN ARE NOT ACCEPTABLE TO THE BRITISH
RAILWAY BOARD FOR CONVEYANCE ON THE GROUNDS OF THEIR DANGEROUS
OR HAZARDOUS NATURE; OR (B) WHICH THOUGH NOT INCLUDED IN (A)
ABOVE ARE OF A KINDRED NATURE.
‘EXCLUDED GOODS’ SHALL MEAN BULLION,
CASH, BANK NOTES, BONDS, SECURITIES, DEEDS, BILLS OF EXCHANGE,
PROMISORY NOTES, STAMPS DOCUMENTS OF TITLE TO PROPERTY, GOLD,
SILVER, PLATINUM, JEWELLERY, ANTIQUES, WORKS OF ART, PRECIOUS
STONES, WATCHES, FURS, EXPLOSIVES, LIVESTOCK AND BRITTLE,
FRAGILE OR BREAKABLE ARTICLES.
‘CONTRACT’ SHALL MEAN THE CONTRACT
OF CARRIAGE BETWEEN THE CLIENT AND MCL. ‘SUB-CONTRACTING
PARTIES’ INCLUDES ALL PERSONS (OTHER THAN MCL AND THEIR
CLIENT) REFERRED TO IN CLAUSE 3(3).
‘MCL/THE CONTRACTOR’ MEANS MCL
AND ANY OTHER CARRIER WITHIN CLAUSE 3 (2)
2. MCL IS NOT A COMMON CARRIER AND RESERVES
THE RIGHT TO REFUSE TO PERFORM ANY SERVICES REQUESTED OF IT,
WITHOUT GIVING ANY REASON FOR ITS REFUSAL.
3. PARTIES AND SUB-CONTRACTORS
(1) WHERE THE CLIENT IS NOT THE OWNER OF SOME OR ALL OF THE
GOODS IN ANY CONSIGNMENT HE SHALL BE DEEMED FOR ALL PURPOSES
TO BE THE AGENT OF THE OWNER OR OWNERS.
(2) MCL MAY EMPLOY THE SERVICES OF ANY OTHER CARRIER FOR THE
PURPOSE OF FULFILLING THE CONTRACT. ANY SUCH OTHER CARRIER
SHALL HAVE THE LIKE POWER TO SUB-CONTRACT ON LIKE TERMS
(3) MCL ENTERS INTO THE CONTRACT FOR AND ON BEHALF OF ITSELF
AND ITS SERVANTS, AGENTS AND SUB-CONTRACTORS ALL OF WHOM SHALL
BE ENTITLED TO THE BENEFIT OF THE CONTRACT AND SHALL BE UNDER
NO LIABILITY WHATSOEVER TO THE CLIENT OR ANYONE CLAIMING THROUGH
HIM IN RESPECT OF THE GOODS IN ADDITION TO OR SEPARATELY FROM
MCL UNDER THE CONTRACT.
4. DANGEROUS GOODS
MCL DOES NOT ACCEPT DANGEROUS GOODS OR EXCLUDED GOODS FOR
CARRIAGE. SHOULD THE CLIENT HAND OVER DANGEROUS GOODS OR EXCLUDED
GOODS TO MCL WITHOUT KNOWLEDGE THE CLIENT SHALL INDEMNIFY
MCL AGAINST ALL LOSS, DAMAGE OR INJURY HOWEVER CAUSED ARISING
OUT OF THE CARRIAGE OF ANY DANGEROUS GOODS OR EXCLUDED GOODS.
5. LOADING OR UNLOADING
(1) WHEN COLLECTION OR DELIVERY TAKES PLACE AT THE CLIENT’S
PREMISES MCL/THE CONTRACTOR SHALL NOT BE UNDER ANY OBLIGATION
TO PROVIDE ANY PLANT, POWER OR LABOUR WHICH IN ADDITION TO
MCL/THE CONTRACTOR REQUIRES FOR LOADING OR UNLOADING AT SUCH
PREMISES.
(2) ANY ASSISTANCE GIVEN BY MCL/THE CONTRACTIR BEYOND THE
USUAL PLACE OF COLLECTION OR DELIVERY SHALL BE AT THE SOLE
RISK OF THE CLIENT WHO WILL KEEP MCL INDEMNIFIED AGAINST ANY
CLAIM OR DEMAND WHICH COULD NOT HAVE BEEN MADE IF SUCH ASSISTANCE
HAD NOT BEEN GIVEN.
(3) GOODS REQUIRING SPECIAL APPLIANCES FOR UNLOADING FROM
THE VEHICLE ARE ACCEPTED FOR CARRIAGE ONLY ON CONDITION THAT
THE SENDER HAS DULY ASCERTAINED FROM THE CONSIGNEE THAT SUCH
APPLIANCES ARE AVAILABLE AT THE DESTINATION. WHERE MCL /THE
CONTRACTOR ARE WITHOUT PRIOR ARRANGEMENT IN WRITING WITH THE
CLIENTS ARE CALLED UPON TO UNLOAD OR LOAD SUCH GOODS MCL SHALL
BE UNDER NO LIABILITY WHATSOEVER TO THE CLIENT FOR ANY DAMAGE
CAUSED, WHETHER OR NOT BY THE NEGLIGENCE OF MCL/THE CONTRACTOR
AND THE CLIENT SHALL SAVE HARMLESS AND KEEP INDEMNIFIED AGAINST
ANY CLAIM OR DEMAND WHICH COULD NOT HAVE BEEN MADE IF SUCH
ASSISTANCE HAD NOT BEEN GIVEN.
6. CONSIGNMENT NOTES
MCL/THE CONTRACTOR SHALL IF SO REQUIRED SIGN A DOCUMENT PREPARED
BY THE SENDER ACKNOWLEDGING RECEIPT OF THE CONSIGNMENT AT
THE TIME IT IS RECEIVED BY MCL/THE CONTRACTOR.
7. TRANSIT
(1) TRANSIT SHALL COMMENE WHEN THE CONSIGNMENT IS HANDED TO
MCL/THE CONTRACTOR WHETHER AT THE POINT OF COLLECTION OR AT
MCL/THE CONTRACTOR’S PREMISES
(2) TRANSIT SHALL (UNLESS OTHERWISE PREVIOUSLY DETERMINED)
END WHEN THE CONSIGNMENT IS TENDERED AT THE USUAL PLACE OF
DELIVERY AT THE CONSIGNEE’S ADDRESS WITHIN THE CUSTOMARY
CARRIAGE HOURS OF THE DISTRICT PROVIDED:
(A) THAT IF NO SAFE RO ADEQUATE ACCESS OR NO ADEQUATE UNLOADING
FACILITIES THERE EXISTS THEN TRANSIT SHALL BE DEEMED TO END
AT THE EXPIRY OF ONE CLEAR DAY AFTER NOTICE BY TELEPHONE OF
THE ARRIVAL OF THE CONSIGNMENT MCL/THE CONTRACTOR’S
PREMISES HAD BEEN GIVEN TO THE CONSIGNEE; AND
(B) THAT WHEN FOR ANY OTHER REASON WHATSOEVER A CONSIGNMENT
CANNOT BE DELIVERED OR WHEN A CONSIGNMENT IS HELD BY MCL/THE
CONTRACTOR TO AWAIT ORDER OR TO BE KEPT TILL CALLED FOR OR
UPON ANY LIKE INSTRUCTIONS AND SUCH INSTRUCTIONS ARE NOT GIVEN,
OR THE CONSIGNMENT IS NOT CALLED FOR AND REMOVED, WITHIN A
REASONABLE TIME, THEN TRANSIT SHALL BE DEEMED TO END.
8. UNDELIVERED OR UNCLAIMED GOODS
WHERE MCL/THE CONTRACTOR IS UNABLE FOR WHATEVER REASON TO
DELIVER A CONSIGNMENT TO A CONSIGNEE, OR AS HE MAY ORDER OR
WHERE BY VIRTUE OF THE PROVISO TO CLAUSE 7(2) HEREOF, TRANSIT
IS DEEMED TO BE AT AN END MCL/THE CONTRACTOR MAY SELL THE
GOODS AND PAYMENT OR TENDER OF THE PROCEEDS AFTER DEDUCTION
OF ALLTHE PROPER CHARGES AND EXPENSES INR ELATION THERETO
AND ALL OUTSTANDING CHARGES IN RELATION TO THE CARRIAGE AND
STORAGE OF THE GOODS SHALL (WITHOUT PREJUDICE TO ANY CLAIM
OR RIGHT WHICH THE CLIENT MAY HAVE AGAINST MCL OTHERWISE ARISING
UNDER THESE STANDARD CONDITIONS OF CARRIAGE) DISCHARGE MCL
FROM ALL LIABILITY IN RESPECT OF SUCH GOODS, THEIR CARRIAGE
AND STORAGE.
PROVIDED THAT:
(A) MCL SHALL DO WHAT IS REASONABLE TO OBTAIN THE VALUE OF
THE CONSIGNMENT; AND (B) THE POWER OF SALE SHALL NOT BE EXERCISED
WHERE THE ADDRESS OF THE SENDER OR CONSIGNEE IS KNOWN UNLESS
MCL/ THE CONTRACTOR SHALL HAVE DONE WHAT IS REASONABLE IN
THE CIRCUMSTANCES TO GIVE NOTICE TO THE SENDER OR IF THE NAME
AND ADDRESS OF THE SENDER IS NOT KNOWN TO THE CONSIGNEE THAT
THE GOODS WILL BE SOLD UNLESS WITHIN THE TIME SPECIFIED IN
SUCH NOTICE, BEING A REASONABLE TIME IN THE CIRCUMSTANCES
FROMTHE GIVING OF SUCH NOTICE,THE GOODS ARE TAKEN AWAY OR
INSTRUCTIONS FOR THEIR DISPOSAL ARE GIVEN.
9. CHARGES
(1) MCL CHARGES FOR CARRIAGE WILL BE PAYABLE BY THE CLIENT
WITHOUT PREJUDICE TO MCL RIGHTS AGAINST THE CONSIGNEE OR ANY
OTHER PERSON
(2) A CLAIM OR COUNTER CLAIM SHALL NOT BE MADE THE REASON
FOR DEFERRING OR WITHHOLDING PAYMENT OF MONIES PAYABLE, OR
LIABILITIES INCURRED BY MCL.
10. THE LIMIT FOR CLAIMS
MCL SHALL NEVER BE LIABLE UNDER ANYCIRCUMSTANCES WHATSOEVER
FOR LOSS OF A PARTICULAR MARKET (WHETHER HELD DAILY OR AT
INTERVALS) OR FOR ANY DAMAGES OR PENALTIES ON MISSING AN ADVERTISING
INSERTION.
SHALL NOT BE LIABLE
(1)(A) FOR LOSS FROM AN UNPACKED CONSIGNMENT;(B) FOR DAMAGE,
DEVIATION, MISDELIVERY, DELAY OR DETENTION UNLESS IT IS ADVISED
THEREOF IN WRITING (OTHERWISE THAN UPON A CONSIGNMENT NOTE
OR DELIVERY DOCUMENT) WITHIN THREE DAYS AND THE CLAIM BE MADE
WITHIN SEVEN DAYS OF TERMINATION OF TRANSIT.
(2) FOR LOSS OR NON DELIVERY OF THE WHOLE OF THE CONSIGNMENT
OR ANY PART THEREOF UNLESS IT IS ADVISED OF THE LOSS OR NON
DELIVERY IN WRITING (OTHER THAN UPON A CONSIGNMENT NOTE OR
DELIVERY DOCUMENT) WITHIN TWENTY EIGHT DAYS AND THE CLAIM
BE MADE IN WRITING WITHIN FORTY TWO DAYS OF COMMENCEMENT OF
TRANSIT.
11. LIABILITY FOR LOSS OR DAMAGE
MCL SHALL NOT BE LIABLE FOR ANY LOSS, MISDELIVERY OR NON DELIVERY
OF, OR DAMAGE TO ANY CONSIGNMENT OR PART THEREOF, OCCASIONED
DURING TRANSIT WHERE SUCH LOSS, MISDELIVERY, NON DELIVERY
OR DAMAGE HAS ARISEN FROM:
(A) ACT OF GOD
(B) ANY CONSEQUENCE OF WAR, INVASION, ACT OF FOREIGN ENEMY,
HOSTILITIES (WHETHER WAR BE DECLARED OR NOT), CIVIL WAS, REBELLION,
INSURRECTION, MILITARY OR USURPED POWER OR CONFISCATION, REQUISITION,
DESTRUCTION OF, OR DAMAGE TO PROPERTY BY OR UNDER THE ORDER
OF ANY GOVERNMENT OR PUBLIC OR LOCAL AUTHORITY
(C) ACT OF OMISSION OF THE CLIENT OR THE OWNER OF THE GOODS
OR THE SERVANTS OR AGENTS OF EITHER
(D) INHERENT LIABILITY TO WASTAGE IN BULK OR WEIGHT, LATENT
DEFECT OR INHERENT DEFECT, VICE OR NATURAL DETERIORATION OF
THE GOODS
(E) INSUFFICIENT OR IMPROPER PACKAGING
(F) INSUFFICIENT OR IMPROPER LABELLING OR ADDRESSING
(H) RIOTS, CIVIL COMMOTION, LOCKOUTS, GENERAL OR PARTIAL STOPPAGE
OR RESTRAINT OF LABOUR FROM WHATSOEVER CAUSE
(I) CONSIGNEE NOT TAKING OR ACCEPTING DELIVERY WITHIN A REASONABLE
TIME
(J) DELAY IN DELIVERY FOR ANY REASON WHATSOEVER BEYOND THE
CONTROL OF MCL PROVIDED THE MCL SHALL NOT INCUR LIABILITY
OF ANY KIND IN RESPECT OF A CONSIGNMENT WHERE THERE HAS BEEN
FRAUD ON THE PART OF THE CLIENT OR THE OWNER OF THE GOODS
OR THE SERVANTS OR AGENTS OF EITHER IN RESPECT OF THAT CONSIGNMENT.
12. LIMITATIONS OF LIABILITY
SUBJECT TO THESE CONDITIONS OF CARRIAGE THE LIABILITY OF MCL
FOR LOSS OF OR DAMAGE TO ANY CONSIGNMENT SHALL BE LIMITED
TO A MAXIMUM OF £1000 MOTORCYCLES, £3000 MOTOR
CARS, £5000 VANS, WHETHER THE FAULT OR DAMAGE WAS DUE
TO THE FAULT OR NEGLIGENCE OF MCL OR THEIR SERVANTS, AGENTS,
SUBCONTRACTORS, EMPLOYEES OR OTHERWISE PROVIDED:
(A) MCL SHALL NOT IN ANY CASE BE LIABLE FOR ANY LOSS OR DAMAGE
IN RESPECT OF EXCLUDED GOODS OR DANGEROUS GOODS HOWEVER ARISING.
(B) MCL SHALL NOT IN ANY CASE BE LIABLE FOR INDIRECT OR CONSEQUENTIAL
DAMAGE OR FOR LOSS OF A PARTICULAR MARKET WHETHER HELD DAILY
OR AT INTERVALS.
(C) MCL SHALL BE ENTITLED TO PROOF OF THE VALUE OF THE LOSS
13. GENERAL LIEN
MCL SHALL HAVE A SPECIAL LIEN ON ALL GOODS FOR CHARGES AGAINST
SUCH GOODS AND A GENERAL LIEN AGAINST THE OWNER OF ANY GOODS
FOR ANY MONIES WHATSOEVER DUE FROM SUCH OWNER TO MCL IF ANY
LIEN IS NOT SATISFIED WITHIN A REASONABLE TIME MCL MAY AT
ITS ABSOLUTE DISCRETION SELL THE GOODS AS AGENT FOR THE OWNER
AND APPLY THE PROCEEDS TOWARDS THE MONIES DUE ANY THE EXPENSES
OF THE SALE, AND SHALL UPON ACCOUNTING TO THE CLIENT FOR THE
BALANCE REMAINING IF ANY BE DISCHARGED FROM ALL LIABILITY
WHATSOEVER IN RESPECT OF THE GOODS.
14. WAITING TIME
THE CLIENT SHALL BE LIABLE FOR THE COST FO DETAINING VEHICLES
AND CONTAINERS BEFORE DURING AND AFTER TRANSIT WHERE SUCH
WAITING TIME EXCEEDS GIVE MINUTES BUT RIGHTS AGAINST ANY OTHER
PERSON SHALL REMAIN UNAFFECTED.
15. INDEMNITY
THE CLIENT SHALL SAVE HARMLESS AND KEEP MCL INDEMNIFIED FROM
AND AGAINST ALL CLAIMS, COSTS AND DEMANDS BY WHOMSOEVER MADE
OR PREFERRED IN EXCESS OF THE LEGAL LIABILITY OF MCL UNDER
THE TERMS OF THESE STANDARD CONDITIONS OF CARRIAGE IN RESPECT
OF ANY LOSS, DAMAGE OR INJURY HOWEVER CAUSED AND WHETHER OR
NOT BY THE NEGLIGENCE OF MCL ITS SERVANTS, AGENTS OR SUBCONTRACTORS.
16. COMPUTATION OF TIME
IN THE COMPUTATION OF TIME WHERE THE PERIOD PROVIDED BY THESE
STANDARD CONDITIONS OF CARRIAGE IS SEVEN DAYS OR LESS, THE
FOLLOWING DAYS SHALL NOT BE INCLUDED: SUNDAY, GOOD FRIDAY,
CHRISTMAS DAY OR BANK HOLIDAY.
17. STORAGE
ANY GOODS STORED BY MCL/THE CONTRACTOR ARE HELD FULLY AT THE
CLIENTS OWN RISK.
18. CLIENT WARRANTIES:
THE CLIENT WARRANTS THAT:
(1) ALL CONSIGNEMNTSENTRUSTEDTOMCL/THECONTRACTOR FOR CARRIAGE
ARE FIT TO BE TRANSPORTED INTHE CONDITION IN WHICH THEY ARE
HANDED TO MCL/THE CONTRACTOR.
(2) ALL CONSIGNMENTS ENTRUSTED TO MCL/THE CONTRACTOR FOR CARRIAGE
ARE SECURELY AND ADEQUATELY PACKED AND LABELLED AND ARE CLEARLY
AND CORRECTLY ADDRESSED.
(3) ALL DESCRIPTION, VALUES AND OTHERPARTICULARS WHICH MAY
BE FURNISHED TO MCL BY THE CLIENT FOR CUSTOMS AND OTHER PURPOSES
ARE ACCURATE AND THE CLIENT UNDERTAKES TO INDEMNIFY MCL/THE
CONTRACTOR AGAINST LOSS, DAMAGE, EXPENSES AND FINES ARISING
FROM ANY INACCURACY OR OMISSION IN RELATION THERETO.
19. IT SHALL BE THE RESPONSIBILITY OF THE CLIENT TO SATISFY
ITSELF THAT ANY CONSIGNMENTS THE CLIENT WISHES TO HAVE CARRIED
BY MCL SHALL BE SUITABLE FOR CONVEYANCE IN OR ON THE VEHICLE
OR MACHINE ORDERED BY THE CLIENT AND MCL ACCEPTS NO LIABILITY
WHATSOEVER FOR ANY LOSS OR DAMAGE ARISING FROMT HE UNSTUIABILITY
OF THE MACHINE OR VEHICLE ORDERED.
20. SUBJECT TO CONDITION 20:
MCL/THE CONTRACTOR SHALL BE ENTITLED TO IMSPECT ANY CONSIGNMENT
ENTRUSTED TO IT TO ENSURE THE CONSIGNMENT IS CAPABLE OF TRANSPORTATION
AND WHERE A CONSIGNMENT IS FOR TRANSPORTATION ABROAD TO ENSURE
THE CONSIGNMENT IS CAPABLE OF TRANSPORTATION TO THE COUNTRY
OF DESTINATION WITHIN THE USUAL OPERATING PROCEDURES,, CUSTOMS
DECLARATION AND HANDLING METHODS AND REQUIREMENTS OF MCL DOES
NOT WARRANT THAT ANY PARTICULAR CONSIGNMENT IS CAPABLE OF
TRANSPORTATION WITHOUT INFRINGING THE LAW OF ANY STATE OR
COUNTRY THROUGH WHICH THE CONSIGNMENT MAY BE CARRIED.
(2) MCL RESERVE TO ITSELF ABSOLUTE DISCRETION AS TO THE ROUTE
AND PROCEDURES TO BE FOLLOWING IN THE HANDLING, STORAGE AND
TRANSPORTATION OF THE CLIENTS CHATTERLS AND DOCUMENTS. CLIENTS
REQUESTING A DEPARTURE FROM MCL NORMAL ROUTE RELEVANT TO THAT
JOURNEY WILL BE INVOICES ACCORDINGLY. THIS MAY BEAR NO RESEMBLANCE
TO ANY PRICE QUOTED. PRICE QUOTATION GIVEN BY MCL ARE BASED
ON THE JOURNEY AND DO NOT INCLUDE WAITING TIMES, ANY DECIATION,
ADMINISTRATION CHARGE, VAR OR DISCOUNTS.
22. THE CLIENT SHALL BE LIABLE FOR ANY DUTIES, TAXES, LEVIES
OR EXPENDITURE OF ANY KIND LEVIED BY AUTHORITIES AT ANY PART
OF PLACE IN CONNECTION WITH THE CONSIGNMENT AND FOR ANYT LOSS
OR DAMAGE WHATSOEVER INCURRED BY MCL IN CONNECTION THEREWITH.
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