Terms and Conditions

Legal Information

Company name: Autoprocurement Limited
First registered: England
Registered Number: 5078899
Registered Address: Autoprocurement Limited, Hillview Business Centre, 2 Leybourne Avenue,

Bournemouth, Dorset BH10 6HF

VAT Registration Number: 841 651827
FCA Firm Number: 673044

Autoprocurement Limited is authorised and regulated by the Financial Conduct Authority. Not all types of business undertaken are authorised and regulated by the Financial Conduct Authority. Autoprocurement Limited is a credit broker and not a lender.

Financial Conduct Authority http://www.fca.org.uk/

A member of the BVRLA http://www.bvrla.co.uk/

Treating Customers Fairly Policy

At Autoprocurement Limited we pride ourselves on being an independent fleet broker whilst offering the best combination of advice, products, competitive pricing and outstanding service.

Our aim is best set out in our mission statement:

• To be the natural choice for VAT registered Limited Companies operating vehicle fleets of between 8 and 250.
• To save clients time and money by offering a unique total fleet solution.
• To support our clients with a friendly and professional service.
• To provide our clients with a wide range of relevant, cost effective products.
• To organically grow by helping our clients to achieve their aims.

Autoprocurement Limited abides by the six customer outcomes set out by the FCA in relation to Treating Customers Fairly:

• Outcome 1: Customers can be confident that they are dealing with a company where the fair treatment of customers is central to the corporate culture.
• Outcome 2: Products and services marketed and sold are designed to meet the needs of the business customers and are targeted accordingly.
• Outcome 3: Customers are provided with clear information and are kept appropriately informed before, during and after the point of sale.
• Outcome 4: Where customers receive advice, the advice is suitable and takes account of their circumstances.
• Outcome 5: Customers are provided with products that perform as firms have led them to expect, and the associated service is of an acceptable standard and as they have been led to expect.
• Outcome 6: Customers do not face unreasonable post-sale barriers imposed by firms to change product, switch provider, submit a claim or make a complaint.

BVRLA

Autoprocurement Ltd is a member of the BVRLA, the UK trade body for companies engaged in the leasing, rental and fleet management of cars and commercial vehicles. The BVRLA Code of Conduct sets out the standards expected by members in all aspects of the brokering of leased vehicles. You can request a copy of the BVRLA Code of Conduct by e–mailing info@autoprocurement.co.uk or by  speaking with us directly. BVRLA membership ensures the customer that they should expect the highest level of professionalism and integrity when using a BVRLA member.

Complaints procedure
Our business is covered by the Financial Ombudsman and the BVRLA Conciliation Service. Any financial services complaints we cannot settle may be referred to the Financial Ombudsman Service and or the BVRLA Conciliation Service. A copy of our complaints handling procedures can be supplied upon request.

If you have a complaint or would like a copy of these procedures please contact us:

Autoprocurement Ltd 39 Ashurst Road, West Moors, Dorset BH22 0LR
Email: info@autoprocurement.co.uk

Terms of use
Autoprocurement Limited and its affiliates provide this site to you subject to the following terms and conditions. Please read the terms and conditions carefully – if you visit our site you are deemed to have accepted them. Please leave the site if you do not.

Copyright Statement
The contents of this website (including all website design, text, graphics, their selection and arrangement and all software compilations, underlying source code, software and all other material) are copyright of Autoprocurement Limited or its content and technology providers except in so far as individually stated on particular material or items. Without affecting our own or third party rights under copyright, you are not permitted to copy, alter or reproduce content for commercial purposes and must credit us at all times.

Privacy
Your privacy is important to us. Please review our Privacy Policy below, which also governs your visit to our site, in order to understand our practices.

Disclaimer
Whilst this site has been compiled in good faith, Autoprocurement Limited makes no warranty or representation that the use of this website will be uninterrupted or error free or that this site or the server that makes it available are free of viruses or bugs. To avoid any doubt, articles and other information are for general guidance only and should not be specifically relied on without taking advice.

Limitation of Liability
To the full extent permissible by law, Autoprocurement Limited assume no responsibility or liability for any information published on this website and further disclaim all liability in respect of such information. In particular, Autoprocurement Limited hereby excludes all liability for any claims, losses, demands or damages of any kind whatsoever in relation to any information, content or advertisements.

Complaints

If you wish to register a complaint, please contact us in writing: Iain Ross, Complaints Manager, 39 Ashurst Road, West Moors, Dorset BH22 0LR

Via Email: iross@autoprocurement.co.uk

Our business is covered by the BVRLA Conciliation Service and the Financial Ombudsman Service. Any financial services complaints we cannot settle may be referred to either the BVRLA or the Financial Ombudsman Service. A copy of our Autoprocurement complaints handling procedures can be supplied upon request. If you would like a copy of these procedures please contact us:

Address: 39 Ashurst Road, West Moors, Dorset BH22 0LR

Email: iross@autoprocurement.co.uk

Privacy Policy

Your privacy is important to us.  We respect your privacy and are committed to protecting your personal data. Personal data refers to any information or expression of opinion that may allow an individual to be identified, for example, their name, address, gender etc. The term data refers to any digital, automated data or manual information gathered by a company.

We have put together the following guidelines to let you know how we hold and use the personal information you may provide to us directly or through our website.

Autoprocurement Ltd are the data controller. We take our obligation to comply with General Data Protection Regulation (GDPR) and any other Data Protection Legislation very seriously. Should you have any questions regarding how we use your personal data, please contact Autoprocurement iross@autoprocurement.co.uk

What Data We Collect and What We Use It For

We will only ever ask you for personal data when it is needed for any services you have enquired about or asked us to provide, or for participation in other activities in which you are taking part on the website or to respond to your requests for information such as:

1. Posting comments on a news articles or blog posts
2. Subscribing to our newsletter or marketing
3. Contacting us by phone, email or social media to avail of our services, request more information or make a complaint

Personal data will generally only be collected directly from you. However, sometimes we may collect your personal data from another person, for instance, a fleet manager, where the nature of your business with us necessitates this or if you are using our fleet management software. We do not collect any sensitive data, except where a physical or mental health vulnerability is disclosed directly to us during the process of an order.

If you contact us through this website we will retain the content of your e-mail and your e-mail address to respond to your message and handle any follow up. If you contact us via phone, your phone call may be recorded.

How Will Autoprocurement Use My Personal Data?

Your data will be used to;

• process orders and fulfil any contractual obligations with you that arise from those orders
• send you ongoing contract communications, critical in-life contract services, notifications, and any other important information about products and services you may request from us
• communicate fleet management services
• send marketing communications which you may unsubscribe from at any time by clicking the unsubscribe link at the bottom of any of our emails.
• Provide customer service and assistance where necessary
• Notify you about changes to our service

We process your data on the basis of legitimate interest as it is necessary for us to be able to communicate with you and fulfil our contractual obligations with you in the offering of our services.

How Is Personal Data Stored At Autoprocurement?

Autoprocurement have existing physical, technical and organisational systems in place to ensure the safeguarding of personal client data. Personal data in physical and digital formats is stored in data centre locations within the UK and the Republic of Ireland. Personal data stored in marketing software platforms or email archives may be stored in EU or US locations, however these are compliant with GDPR and privacy shield frameworks. Autoprocurement have adopted strict confidentiality and data protection policies in relation to your data which we shall review and confirm annually.

Your data will be stored in line with our data retention policy or until you request the deletion of your data. In some cases we will be bound by legal and tax regulations and will be unable to delete this personal data until the required period of time has passed.

Personal data you provide is generally stored either for the duration of your contract with us or for 7 years in order to comply with HMRC requirements or in the event of an Ombudsman complaint. Information such as bank statements or bank details are removed as soon as we no longer have a need for these. Your personal data will be removed from our marketing database within one week if you decide to unsubscribe from this service.

Who will you share my data with?

There are times when we require to share the personal information we learn from you with other parties. However, the information we hold on our clients is an important part of our business and it is not our business to sell or rent this information to others. We may however share personally identifiable information about our clients in the following situations:

1. To communicate to selected third parties or suppliers in order to process your order or fulfil our contractual obligations with you, for example, to our select panel of finance providers or approved dealerships. Autoprocurement aim to ensure that these third parties have sufficient data security measures in place when handling your data, and our monitoring of these measures will be enhanced according to our GDPR plan
2. When you sign up to our newsletter, your information will be stored on the servers of our marketing platform supplier.

We use other companies and individuals to perform functions in certain situations on our behalf such as:

1. Posting comments on a news article or blog post
2. Signing up to our newsletter
3. Exchanging emails with you using a Microsoft platform

These agents only have access to information required for that purpose and may not use it for any other purpose.

Autoprocurement may also share your information where we believe we have a legal obligation to do so. This may include sharing information about fines or penalties.

Subject Access Request

The Data Protection Act and Sixth Data Protection Principle gives individuals the right to access any personal information that a company may hold about them. Personal information refers to any data held by a company relating to a living individual, which would allow that individual to be identified from the data. If you would like to make a subject access request for any personal information we may hold about you, you can do so by writing to the following address: Data Protection Officer, 39 Ashurst Road, West Moors, Dorset BH22 0LR

Website Security

Autoprocurement will take all reasonable steps to protect your data. All information received by us through our website is retrieved and stored using secure technology. Our website host maintains a safe and secure environment for your personal information and uses up-to-date technology with a view to protecting that information against loss, misuse or unauthorised alteration. We only allow authorised personnel access to personal information you provide.

We also receive and record information by tracking user traffic patterns throughout our pages to maintain a record of the movements of visitors to our site such as the page visited and the information, activity or service requested.

Cookies, Google Analytics and IP Address

When you visit our website, we may automatically collect some information about your device through the use of cookies. A cookie is a small data file that the website creates as you perform actions on certain pages of this website. The only personal information a cookie can contain is information you supply. A cookie can’t read data from your hard disk or read cookie files created by other sites. We use cookies to enhance our website’s performance by personalising your experience on our site or making use of our website more convenient.

These cookies are not used to record personal information or to associate personal information your supply with any other parties. You can refuse cookies by turning them off on your web browser however in certain circumstances this may affect the performance of this website. For more information about how to disable cookies, visit http://www.allaboutcookies.org.

We also use Google Analytics to help us understand how our customers use our website. Find out more about how Google uses your personal information here:  https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here:  https://tools.google.com/dlpage/gaoptout.

Autoprocurement may collect your IP address for the purposes of systems administration and to audit the use of our site. We do not link IP addresses to individual user information and gather IP addresses anonymously, however, users may be identified by their IP address where it is necessary to enforce compliance with the websites terms of use.

The Information Commissioner’s Office (ICO)

The ICO is the governing body responsible for enforcing UK Data Protection legislation. Should you wish to receive more information from them or submit a complaint, you can do so by visiting https://ico.org.uk/.

Business Transfers

We are continually trying to expand and improve our business and we may sell or buy businesses or assets in these transactions. Client information is generally one of the transferred business assets in these situations and in the event that Autoprocurement Limited or substantially all of its assets are acquired, client information may be one of the transferred assets. Where we deal with other companies etc. as above, we require those companies to comply with our privacy policy. We may also require to release information where required to do so by law. Other than in the above situations we will give notice on this site when your personal information might be shared with third parties and you will have the opportunity to decide not to share that information.

Copyright Statement

The contents of this website (including all website design, text, graphics, their selection and arrangement and all associated material) are copyright of Autoprocurement Limited or its content and technology providers except in so far as individually stated on particular material or items. Without affecting our own or third party rights under copyright, you are not permitted to copy, alter or reproduce content for commercial purposes and must credit Autoprocurement Limited at all times.

Changes to this Privacy Policy

We may edit this policy from time to time. If we make any substantial changes we will notify you by posting a prominent announcement on the site.

Limitation of Liability
To the full extent permissible by law, Autoprocurement Limited assume no responsibility or liability for any information published on this website and further disclaim all liability in respect of such information. In particular, Autoprocurement Limited hereby excludes all liability for any claims, losses, demands or damages of any kind whatsoever in relation to any information, content or advertisements.

Treating Customers Fairly Policy

At Autoprocurement we pride ourselves on being a leading UK fleet management provider for vehicle fleets of sub 250 whilst offering the best combination of advice, products, competitive pricing and outstanding service.

Our aim is best set out in our mission statement:

At Autoprocurement Limited we pride ourselves on being an independent fleet broker offering the best combination of advice, products, competitive pricing and outstanding service.

• To be the natural choice for VAT registered Limited Companies operating vehicle fleets of between 3 and 250.
• To save clients time and money by offering a unique total fleet solution.
• To support our clients with a friendly and professional service.
• To provide our clients with a wide range of relevant, cost effective products from a single point of contact.
• To organically grow by helping our clients to achieve their aims.

These words reflect the culture and philosophy that is central to our activity. We recognise, however, that to fulfil this objective we must:

• Encourage our core values of Engagement, Trust, Fairness and Respect through charitable work, community involvement and environmental practices.
• Invest in the training and development of our staff to ensure they are competent and focused on the importance of treating every customer fairly
• Monitor correspondence and activities to ensure that every customer enquiry is treated consistently and that any advice given is in the customers’ best interests
• Continually assess and improve the services we provide to ensure we can meet changing requirements
• Provide documentation to clearly and unambiguously explain how our fleet management solutions and products work
• Empower our staff to ensure any concerns raised by a customer are immediately addressed

We constantly monitor our ability to achieve these standards through:

• Internal and external audits

Autoprocurement abides by the six customer outcomes set out by the FCA in relation to Treating Customers Fairly:

Outcome 1: Consumers can be confident that they are dealing with firms where the fair treatment of customers is central to the corporate culture.

Outcome 2: Products and services marketed and sold in the retail market are designed to meet the needs of identified consumer groups and are targeted accordingly.

Outcome 3: Consumers are provided with clear information and are kept appropriately informed before, during and after the point of sale.

Outcome 4: Where consumers receive advice, the advice is suitable and takes account of their circumstances.

Outcome 5: Consumers are provided with products that perform as firms have led them to expect, and the associated service is of an acceptable standard and as they have been led to expect.

Outcome 6: Consumers do not face unreasonable post-sale barriers imposed by firms to change a product, switch provider, submit a claim or make a complaint.

Questions or Suggestions
If you have any questions or suggestions regarding these policies or believe we are not properly adhering to them please send an email to info@autoprocurement.co.uk

Terms & Conditions of Business

Purchasing

Consumer Transactions

Should a consumer have any rights under The Sale of Goods Act 1979 or the Unfair Contract Terms Act 1977 or the Unfair Terms in Consumer Contracts Regulations 1994 or any later amendments of these or any other relevant legislation and these rights conflict with these terms and conditions, then these rights shall prevail.

1. The motor vehicle is sold as roadworthy, or subject to any defects notified by us to you and accepted by you, at the date of delivery and if any fault occurs you have the right to rely on your statutory rights. If you have any doubts about your statutory rights under the Sale of Goods Act 1979 or otherwise, please contact your local Trading standards Department or Citizens Advice Bureau.

2. We will try to ensure delivery or the goods (“goods” in these Terms and Conditions is defined as our sales to you) by the estimated delivery date (if any) but cannot guarantee the delivery date. Except where delay is caused by circumstances beyond our control you will be entitled to cancel the contract and receive repayment of your deposit if delivery has not taken place within 28 days of the estimated delivery date unless you have agreed otherwise, orally or in writing to accept late delivery. Where delay is caused by circumstances beyond our control we will not be liable for any damages related to the delay and in these circumstances we will contact you and agree an alternative date for delivery or you may cancel the contract, in which case any deposit paid by you shall be returned in full.

3. If the manufacturer of the goods described in the contract stops making goods of that type, we may (whether the estimated delivery date has arrived or not) give you written notice to cancel the contract. Any deposit you have paid to us will be returned to you.

4. If you fail to take and pay for the goods within 21 days of notification that the goods are available for delivery, we may treat the contract as cancelled and keep any deposit paid by you.

5. The goods shall remain our property until the price has been paid in full. Where payment is made by cheque the goods will remain our property until the cheque has cleared. Where payments over £500.00 are made by credit card, a charge of 2% is payable. The proceeds of any goods re-sold by you prior to the cheque having cleared are to be held by you in trust for us. The risk in the goods passes to you when you take delivery.

6. If the goods by us are new, the following provisions shall have effect:

a) We undertake to ensure that the pre-delivery work (factory fitted) specified by the Manufacturer or Importer is carried out and that we will use our reasonable endeavours to obtain for you from the Manufacturer or Importer the benefit of any warranty or guarantee given by them to us. These warranties or guarantees are in addition to and not in replacement of any warranties or guarantees given to you by us.
b) No allowance can be made for any part of the standard equipment supplied with the motor vehicle, which you do not wish to take.
c) If, after the date of this order and before delivery of the goods to you, the Manufacturer’s or Importer’s recommended price for any of the goods is changed, we shall give notice of any change to you and:
( i )If the Manufacturer’s or Importer’s recommended price for the goods is increased you will be notified of the amount of the increase we intend to pass on to you. You have the right to cancel the contract within 14 days of receipt of this notification. If you do not cancel the contract the increase in price shall be added to and become part of the contract price.
( ii ) If the recommended price is reduced you will be notified of the amount of the reduction we intend to pass on to you. If the amount passed on to you is not the same as the reduction of the recommended price you have the right to cancel the contract within 14 days of receipt of this notification. if you do not cancel the contract the reduced price will be the contract price.
d) If you cancel the contract because of a price change notified by us to you, any deposit which you have paid to us will be returned to you.

7. Any correspondence to you will be sent by normal post rather than registered delivery, to the address you have given on the Vehicle Order Form.

8. If you arrange a finance company to purchase the goods from us, we shall tell the finance company how much money has been agreed by us to be deducted from the purchased goods by form of deposit paid to us.

9. Should either you or we not strictly enforce any obligation under this agreement at any time, this will not prevent that obligation being enforceable at a later date.

Finance / Contract hire / leasing

Interpretation

1.1 Definitions. In these conditions, the following definitions apply:

Contract : the contract between Autoprocurement Ltd and the Customer for the supply of Services in accordance with these conditions.

Customer : the person or firm who purchases Services from Autoprocurement Ltd

Order : the Customer’s order for Services as set out in the Customer’s purchase order form.

Services : a brokering service pursuant to which Autoprocurement Ltd will arrange for the purchase of the vehicle set out in the Order and if required broker a motor finance contract (Finance) to be entered into between the Customer and a leasing or financing company.

Specification : the description of the required Services given to Autoprocurement by the Customer.

Autoprocurement Limited registered in England and Wales with company number 5078899

Vehicle: the motor vehicle to which the provision of Services relates.

2. Basis of contract

2.1 Any quotation given by Autoprocurement Limited shall not constitute an offer, and is only valid for a period of 14 days from its date of issue and is subject to changes including but not limited to the manufacturer’s vehicle price, VAT, residual values and interest rate changes.

2.2 The Order together with a signed proposal for Finance (Proposal) if required constitutes an offer by the Customer to purchase Services from Autoprocurement Limited in accordance with these Conditions.

2.3 Autoprocurement Limited retains the right to change the price set out in the Order either before or after the signed Order has been received by Autoprocurement Limited. Autoprocurement Limited will notify the Customer of any such change to the price and if the change is not agreed the Customer may cancel the Order.

2.4 Credit may be available to persons of 18 years and over and is subject to status and credit approval. Guarantees and indemnities may be required. By signing the Proposal and Order the Customer agrees that the leasing or financing company will make a credit agency search against the Customer. Autoprocurement Limited shall not be liable to the Customer for any refusal by the leasing company to accept the Order.

2.5 The Order shall only be deemed to be accepted when Autoprocurement Limited has received the Order together with a vehicle holding deposit and a processing fee where required and confirmation from the leasing or finance company that Finance has been agreed and Autoprocurement Limited issues written acceptance of the Order at which point and on which date the Contract shall come into existence (Commencement Date ) and the Customer consents for Autoprocurement Limited to immediately make arrangements with the manufacturer for the purchase of the Vehicle on the Customer’s behalf and the terms of the Finance agreement will apply to the purchase.

2.6 In the event that the manufacturer or the leasing company no longer has the Vehicle available for the price on which the Contract is based, Autoprocurement Limited retains the right to change the price set out in the Contract. Autoprocurement Limited will notify the Customer of any such change to the price and if the change is not agreed the Customer may cancel the Contract by notifying Autoprocurement Limited in writing within 3 days of receiving notice of the price increase and, subject to clause 2.7 the Fee shall be retained by Autoprocurement Limited but the Deposit shall be refunded to the Customer within 7 days of receiving such notice of cancellation.

2.7 In the event that the Customer cancels the Contract in accordance with clause 2.6 but places a new Order with Autoprocurement Limited within 7 days of such cancellation the Fee and the Deposit shall be held by Autoprocurement Limited as the Fee and the Deposit in respect of the new Order.

2.8 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Autoprocurement Limited which is not set out in the Contract. The vehicle specifications displayed on Autoprocurement Limited website and advertising literature are taken from information supplied by the manufacturer and are for information purposes only and the Customer should verify such information with the manufacturer or franchised dealer. They shall not form part of the Contract or any other contract between Autoprocurement Limited and the Customer for the supply of the Services.

2.9 The Services are covered by the Consumer Protection (Distance Selling) Regulations 2000 (Regulations). By entering the Contract the Customer consents for Autoprocurement Limited to provide the Services immediately and waives its right to cancel the Services in accordance with the Regulations.

2.10 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

3. Supply of Services

3.1 Autoprocurement Limited shall supply the Services to the Customer.

3.2 Upon receipt of the initial payment specified in the Order (or as otherwise amended in accordance with clauses 2.3 and 2.8 ) and any Finance documents requested by the leasing or finance company Autoprocurement Limited will arrange delivery of the Vehicle to your chosen destination (Free of Charge within mainland Scotland, Wales & England).

3.3 Autoprocurement Limited shall use all reasonable endeavours to ensure that any performance dates provided to the Customer are met but any such dates shall be estimates only and time shall not be of the essence for performance of the Services. The estimated delivery date specified in the Order represents the estimate provided by the manufacturer and Autoprocurement Limited shall endeavour to keep the Customer updated in respect of any changes to such estimates.

3.4 Driven delivery to mainland England and Wales is free. If the Customer does not consent to the Vehicle being driven to the delivery address the Customer shall notify Autoprocurement Limited at least 7 days in advance of the estimated delivery date and the Customer may incur additional delivery charges and/or increased delivery time. Transported delivery or driven delivery outside mainland England and Wales may be subject to additional charges as specified in the Order (or as otherwise amended).

3.5 Upon receipt of the Vehicle the Customer shall sign a delivery acceptance note (Note) and by signing the Note will be deemed to accept the Vehicle in good and undamaged condition. In the event that the Vehicle is damaged the Customer may refuse to accept delivery unless such damage was caused by the Customer.

3.6 In the event that the Vehicle is damaged (and such damage was not the fault of the Customer) and the Customer wishes to take delivery, any damage should be recorded on the Note before signing and Autoprocurement Limited shall use its reasonable endeavours to arrange for the manufacturer to make good any damage in due course.

3.7 Autoprocurement Limited shall refund the Deposit to the Customer within 2 working days of the Note being signed by the Customer.

3.8 Autoprocurement Limited shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and Autoprocurement Limited shall notify the Customer in any such event.

3.9 Autoprocurement Limited warrants to the Customer that the Services will be provided using reasonable care and skill.

4. Customer’s obligations

4.1 The Customer shall:

(a) ensure that the terms of the Order and any information it provides in the Specification are complete and accurate;

(b) co-operate with Autoprocurement Limited in all matters relating to the Services;

(c) provide Autoprocurement Limited with such information and materials as Autoprocurement Limited may reasonably require in order to supply the Services, and ensure that such information is accurate in all material respects;

4.2 If Autoprocurement Limited performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default ):

(a) Autoprocurement Limited shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays Autoprocurement Limited performance of any of its obligations;

(b) Autoprocurement Limited shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from Autoprocurement Limited failure or delay to perform any of its obligations as set out in this clause 4.2 ; and

(c) the Customer shall reimburse Autoprocurement Limited on written demand for any costs or losses sustained or incurred by Autoprocurement Limited arising directly or indirectly from the Customer Default.

5. Limitation of liability

5.1 Nothing in these Conditions shall limit or exclude Autoprocurement Limited liability for:

(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

(b) fraud or fraudulent misrepresentation; or

(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

5.2 Subject to clause 5.1 :

(a) Autoprocurement Limited shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under or in connection with the Contract including any losses that may result from a deliberate breach of the Contract by Autoprocurement Limited; and

(b) Autoprocurement Limited total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, including losses caused by a deliberate breach of the Contract by Autoprocurement Limited shall not exceed £150.

5.3 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

5.4 This clause 5 shall survive termination of the Contract.

6. Termination of contract

6.1 If the Customer for any reason (except in accordance with clause 2.6 ) wishes to terminate the Contract he must inform Autoprocurement Limited in writing and will incur an administration charge of £250 which shall be satisfied by the forfeit of the Deposit. The Customer shall also be liable to Autoprocurement Limited for any additional cancellation fees or costs incurred by Autoprocurement Limited in respect of the cancellation and such sum shall be paid to Autoprocurement Limited within 14 days of Autoprocurement Limited receiving written notice and any sum outstanding thereafter shall attract interest at a rate of 5% per annum above HSBC Bank plc base rate.

6.2 Without limiting its other rights or remedies, Autoprocurement Limited may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under this Contract on the due date for payment or breaches its obligations under this Contract.

7. Dispute resolution

7.1 The Customer shall at first instance attempt to resolve any complaints arising from the Contract informally by informing a representative of Autoprocurement Limited of any complaints. In the event the dispute cannot be resolved informally then a formal complaint shall be made in writing to Autoprocurement Limited and shall be dealt with in accordance with Autoprocurement Limited complaints procedure.

7.2 In the event that the complaint is unresolved following the procedure set out in clause 7.1 the Customer shall have right to appeal to the managing director of Autoprocurement Limited in writing. Only when the procedures set out in this clause 7 are exhausted may the Customer commence proceedings against Autoprocurement Limited.

8. General

8.1 Force majeure:

(a) For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of Autoprocurement Limited including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of Autoprocurement Limited or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, default of suppliers or subcontractors or the unavailability of the Vehicle.

(b) Autoprocurement Limited shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.

(c) If the Force Majeure Event prevents AL from providing any of the Services for more than 4 weeks, AL shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Customer.

8.2 Assignment and subcontracting:

(a) Autoprocurement Limited may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.

(b) The Customer shall not, without the prior written consent of Autoprocurement Limited, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.

8.3 Waiver:

(a) A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

(b) Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.

8.4 Severance:

(a) If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.

(b) If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

8.5 Third parties: A person who is not a party to the Contract shall not have any rights under or in connection with it.

8.6 Variation: Any variation, including the introduction of any additional terms and conditions, to the Contract, shall only be binding when agreed in writing and signed by Autoprocurement Limited.

8.7 Governing law and jurisdiction: This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

General

Questions or Suggestions

If you have any questions or suggestions regarding these policies or believe we are not properly adhering to them please send an email to info@autoprocurement.co.uk