Terms & Conditions of the Operator
Agreement for Service
THIS AGREEMENT FOR SERVICE (this “Agreement”) dated 2nd May 2024 BETWEEN:
(1) A & R Shah Limited trading as ‘Limotek.co.uk’ (hereinafter referred to as ‘Limotek’) of 4 Timothy Place, Pool Close, West Molesey, Surrey KT8 2HR
OF THE FIRST PART
– AND –(2) T/A of , , ,
OF THE SECOND PART
BACKGROUND:
A. Limotek is of the opinion that the Operator has the necessary qualifications, experience and abilities to provide services to Limotek.
B. The Operator is agreeable to providing such services to Limotek, on the terms and conditions as set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Agreement agree as follows:
Services Provided
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1. Limotek hereby agrees to market and promote the services of the Operator, who shall provide Limotek with services consisting of vehicle hire, and such other services as Limotek and the Operator may agree upon from time to time (the “Services”), and the Operator hereby agrees to provide such Services.
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Term of Agreement
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2. The term of this Agreement will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement, with the said term being capable of extension by mutual written agreement of the parties.
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3. Limotek hereby agree to promote and invite for tender, the business of the operator. Limotek upon receipt of a booking enquiry will invite the operator to tender for a contract of hire. If the Operator, based upon the information provided by Limotek submits a bid, Limotek are not obliged to promote nor accept the tender. If Limotek confirm and authorise the booking, Limotek will forward to the Operator an appropriate confirmation of booking by email or in the event of computer malfunction, facsimile. Such a booking will relate to the hire of the Operator�s limousine or private hire vehicle (hereinafter referred to as ‘the relevant vehicle’).
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4. The Operator shall confirm, in writing and with the production of any and all relevant evidence upon the reasonable request of Limotek, that in relation to any limousine or vehicle relevant to hire under the terms of this agreement, and carries nine (9) or more passengers, that the limousine or vehicle is compliant with any and all legal requirements and in particular be subject to a certificate of initial fitness (COIF) and/or Vehicle Operator Service Agency (VOSA) requirements.
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5. The Operator hereby indemnifies Limotek from any claim, howsoever and wheresoever caused or occasioned, by failing to comply with paragraph 4.
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6. Upon the enquiry of a client for a vehicle of nine (9) or more seats, Limotek shall contact the Operator and shall proceed to book for and on behalf of the client, the hire of the limousine and/or vehicle only. The Operator hereby agrees to notify the client, that the driver of the vehicle shall be separately engaged and that the costs of the driver are to be deducted from the overall cost of hire. The Operator agrees to provide and within seven days and upon reasonable written request of Limotek, to provide documentary evidence confirming this notification to the client.
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7. Limotek reserve the right to terminate any agreement with the Operator where by the Operator fails to provide confirmation of COIF and/or VOSA regulation and/or fails to provide relevant and sufficient notification to the client of the driver�s position of hire
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8. The Operator agrees to provide to Limotek a valid and operative email address and fax number.
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9. The Operator agrees that upon receipt of confirmation of a booking, that as soon as reasonably practicable and in any event within twenty four (24) hours of receipt of the booking confirmation, that the Operator will complete the booking confirmation document and return, duly signed, by email or facsimile to Limotek. The Operator agrees to honour the price as indicated and identified in the quotation cited at paragraph 3
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10. In the event that the Operator fails to provide confirmation within twenty-four (24) hours, Limotek reserve the right to withdraw the booking from the Operator and to offer to provide the same booking to another party. You agree that in the event that if you fail to comply with this requirement, that you will not pursue any claim against Limotek for damages or loss of opportunity.
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11. The Operator agrees that upon receipt of a booking enquiry from Limotek that the Operator will not knowingly or deliberately, quote, tender or apply for the same booking enquiry at a price that is lower than the price advertised and promoted by Limotek.
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12. The Operator agrees that in the event any relevant vehicle is damaged or becomes unroadworthy or unable to comply or perform the relevant hire, then the Operator will notify Limotek as soon as practicable and in any event within 24 hours of the Operator becoming aware. The Operator shall in any event and where possible, provide an alternative and similar vehicle for performance of the period of hire. In the event that no alternative can be provided, Limotek reserve the right to withdraw the agreement of hire at no charge to Limotek or to any other party.
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13. The Operator agrees to maintain all relevant vehicles to a high, functional and presentable standard, to include any and all special and promoted colour, style, design and/or fixture that are advertised and/or unique to the relevant vehicle.
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14. The Operator confirms that at all material times, the Operator has a valid policy of motor vehicle and public liability insurance for any vehicle that is used in performance of this agreement.
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15. The operator confirms that all vehicles are subject to a valid certificate of MOT and comply with all Health & Safety directives. The Operator will provide by post, email or facsimile, for the attention and retention of Limotek, a copy of the Operator�s policy of insurance to cover any and all relevant vehicles upon request and in any event, within one week of renewal of the relevant policy of insurance.
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16. The Operator confirms that any and all relevant vehicles comply with any all and UK legislation regarding the safety and VOSA licensing regulation of any and all relevant vehicles.
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17. The Operator confirms that any driver utilised to drive and/or control any and all relevant vehicles, is a British PSV licence holder and is not disqualified from driving and that the Operator knows of no other reason why the driver should not be entitled to and/or actually drive in performance of this agreement. The Operator will ensure that the driver of the relevant vehicle at the time of hire is smartly dressed and that the driver maintains a polite and professional manner at all times of the relevant hire.
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18. The Operator agrees that they will not tender, canvass, advertise or apply themselves for hire directly with any client/customer deriving from a Limotek booking. In the event that either party wishes to terminate this Agreement, that party will be required to provide a notice period of 60 days.
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19. The obligations of the Operator under this Agreement will terminate upon the earlier of the Operator ceasing to be engaged by Limotek or the termination of this Agreement by Limotek or the Operator.
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20. The Operator hereby indemnifies Limotek and guarantees, without limitation, to be liable for any claim brought against Limotek for any acts of negligence or omission by the Operator, howsoever caused.
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Performance
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21. The parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
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Payment & fees
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22. Upon receipt of the quotation, Limotek shall be entitled to add to the booking their management and administration fee and shall then serve a copy of the quotation upon any potential client. If the client confirms the booking, then Limotek shall initially be entitled to recover from the client, the booking fee as a non-refundable deposit for the provision of the Operators services.
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23. The Operator shall be entitled to recover the balance of the payment at any time prior to or on the date of agreed hire and the client shall consent to their contact details being provided for this specific purpose. It is a matter for the Operator whether they seek to recover payment in advance of hire or on the date itself.
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Cancellation
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24. For the services rendered by the Operator, as required by this Agreement, the Operator shall be entitled to recover their quoted price directly from the customer on or at the point of hire or, in the event of cancellation, a fee of �150 or the full booking price direct from the client dependant upon the time of cancellation.
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25. In the event of cancellation, Limotek shall provide any and all relevant information to the Operator to facilitate the recovery of the cancellation charge in the sum of �150, or the whole booking cost and any associated administrative costs due directly from the client, dependent upon the date of cancellation.
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26. Limotek shall incorporate, within the client hire agreement, provision for the payment of the cancellation charge(s) and consent from the client for information to be utilised by the Operator in the recovery of monies due � see schedule 1.
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27. Limotek shall not be entitled to recover any further sum from the Operator in relation to any hire agreement. Additional Reward
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28. The Operator shall be entitled to vary the terms and costs of the booking on the date and at the time of hire, if the client seeks to vary or vacate from the terms and conditions of the original booking.
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29. The Operator shall be entitled to recover the cost of any damage incurred by the client or their respective party in accordance with the terms and conditions of hire with the customer and as attached in schedule 1 herewith.
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Complaint Handling
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30. In the unlikely event of a complaint being filed by a client, the Operator agrees to promptly investigate the complaint and to respond, in writing, within 21 days to the client and to provide a copy of the complaint to Limotek for our consideration and records.
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31. The Operator shall be solely liable for any refund or compensation award considered, deemed or awarded as appropriate. Confidentiality.
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32. The Operator agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any confidential information with respect to the business of the Customer, which the Operator has obtained, except as may be necessary or desirable to further the business interests of Limotek. This obligation will survive indefinitely upon termination of this Agreement.
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Ownership of Materials
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33. All materials developed, produced, or in the process of being so under this agreement, will be the property of Limotek. The use of the mentioned materials by Limotek will not be restricted in any manner.
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34. The Operator may retain the said materials for the sole purposes of recovering monies due following cancellation or damage but the Operator will be solely responsible for damages resulting from their use in services contracted outside and undertaken in the course of this agreement.
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Return of Property
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35. Upon the expiry or termination of this Agreement and/or upon the recovery of cancellation charges or damages from the client, the Operator will return to Limotek any property, documentation, records, or confidential information which is the property of Limotek.
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Assignment & sub-contracting
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36. The Operator will not voluntarily or by operation of law assign or otherwise transfer its obligations under this Agreement without the prior written consent of Limotek and the Operator agrees not to sub-contract the service to a third party without written authority of Limotek.
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Capacity/Independent Contractor
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37. It is expressly agreed that the Operator is acting as an independent contractor and not as an employee in providing the Services under this Agreement. The Operator and Limotek acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service. Modification of Agreement
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37. Any amendment or modification of this Agreement or additional obligation assumed by either party in connection with this Agreement will only be binding if evidenced in writing signed by each party or an authorized representative of each party.
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Notice
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39. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the parties of this Agreement as follows: –
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- a. Limotek.co.uk – 4 Timothy Place, Pool Close, West Molesey, Surrey KT8 2HR And,
- b. Tony Bishop T/A Hot Stuff Limos, 15 Walhouse Drive, Penkridge, Staffordshire, ST19 5SP or to such other address as to which any Party may from time to time notify the other.
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Costs and Legal Expenses
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40. In the event that legal action is brought to enforce or interpret any term of this Agreement, the prevailing party will be entitled to recover, in addition to any other damages or award, all reasonable legal costs and fees associated with the action.
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Time of the Essence
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41. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
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Entire Agreement
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42. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
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Implied Obligations
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43. It is the intention of both parties that any implied obligations referenced or defined in The Supply of Goods and Services Act 1982 or The Sale of Goods Act 1979 as amended, are expressly excluded for the purposes of this Agreement.
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Indemnification
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44. The Operator will indemnify and hold Limotek harmless from any claims against the Limotek by any other party, arising directly or indirectly out of the provision of the Services by the Operator.
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Enurement
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45. This Agreement will enure to the benefit of and be binding on the parties and their respective heirs, executors, administrators, successors and permitted assigns.
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Currency
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46. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in Sterling pounds.
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Third Party Rights
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47. Third parties cannot benefit from this Agreement under The Contracts (Rights of Third Parties) Act 1999.
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Titles/Headings
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48. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement.
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Governing Law
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49. This Agreement will be construed in accordance with and governed by the laws of England and the parties submit to the exclusive jurisdiction of the English Courts
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Dispute Resolution
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50. In the event a dispute arises out of or in connection with this Agreement the parties will attempt to resolve the dispute through friendly consultation.
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51. If the dispute is not resolved within a reasonable period then any or all, outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the United Kingdom of Great Britain and Northern Ireland. The arbitrator’s award will be final, and judgment may be entered upon it by any court having jurisdiction within the United Kingdom of Great Britain and Northern Ireland.
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Severability
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52. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
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Waiver
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53. The waiver by either party of a breach, default, delay or omission of any of the provisions of this Agreement by the other party will not be construed as a waiver of any subsequent breach of the same or other provisions.
A & R Shah Limited T/A ‘Limotek.co.uk’ of
Office 11, Albion House, 113 Station Road, Hampton, Middlesex, TW12 2AL
enquiries@limotek.co.uk
Telephone Number 0871 789 9911.
Calls to this number will cost 10p per minute from a BT landline, charges may vary with other network providers
Company Reg. No. 06125188.