In the following document, “company” refers to the respective towing service And “customer” refers to the person described on the towing slip.
The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for, or accepts Services provided by the Company.
These terms and conditions may only be amended with the consent of both parties in writing, and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and the Company.
The Company shall only be responsible for their performance to the party that contracts them to undertake the Services and shall not be responsible to any third party irrespective of their relationship to the Customer.
Where the Customer requesting or organizing the Company to provide Services is acting with or on behalf of any third party and that third party is intended to be responsible for the payment (or any part thereof) of the Price then in the event that the third party does not pay for the Services when due, the Customer acknowledges that they shall be liable for the payment of the Price as if they had contracted the Services on their own behalf.
Where the Company gives advice, recommendations, information, assistance or service to the Customer or the Customers agent, regarding the Services then it is given in good faith and the Company shall not be liable in any way whatsoever for any damages, losses or costs however arising resulting from the Customer relying on the same.
Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied.
Route and Deviation
The Customer authorizes and will not object to any deviation from the Carrier’s usual route or manner of carriage which may in the Carrier’s discretion be necessary to undertake the Carriage, including deviations which as a result mean the Carriage and delivery of the Goods takes longer than anticipated by the Carrier.
The Carrier shall deliver the Goods to the Place of Delivery in accordance with the Order and the Customer shall be deemed to have accepted delivery of the Goods at that time.
Where the Customer expressly requests the Carrier to deliver the Goods to a Place of Delivery which is unattended, such Goods will be left at the nominated location at the Customer’s sole risk. The Carrier may without further notice unload the Goods and/or store same in an open or undercover location at the Place of Delivery if unattended and the Carrier will not be liable for any liability, loss or damage caused to the Goods or suffered by the Customer as a result of leaving the Goods at the Place of Delivery.
Default and Termination
If the Customer fails to pay amounts due to the Company in accordance with this Agreement then the Company shall be entitled to:
Charge interest on the amount outstanding at a prescribed rate or suspend the contract to services until such time as all amounts owing have been paid in full; or vary the price for the Carriage to include additional charges incurred by the Company as a result of the failure to make payment when due; or do all or any of the above.
Right to termination
The Company may terminate this Agreement:
By written notice to the Customer if the Customer commits any breach of any provision of this Agreement and fails to remedy that breach within the time stipulated (being not less than 5 business days) in a written notice from the Company requiring it to do so; or immediately if an Insolvency Event occurs in respect of the Customer.
Upon termination of this Agreement:
Each party (First Party) must immediately return or (if requested to do so by other party) destroy all materials belonging to the other party in the First Party’s possession or control; and
Each party must return to the other party or (if requested by the other party) destroy, all confidential information belonging to the other party.
Any obligations which are intended to continue to bind a party after termination or expiration of this Agreement in respect of it continue to bind that party notwithstanding termination.
The customer warrants that the customer is the owner of the vehicle or that the customer has the necessary authority, as the agent of the owner, to enter into this agreement and hereby indemnifies the company against any claim of nay nature made by any party arising out of or related to the conclusion of this agreement and the vehicle towed.
Company’s Liability for Damage or Loss
The vehicle will be towed at the sole risk of the customer (or owner).
The customer hereby exempts the company from and indemnifies the company against all liability of whatsoever nature, arising directly or indirectly from the towing and/or storage of the vehicle.
This exemption and indemnity includes, but is not restricted to, any liability for direct and/or consequential loss or damages for personal injury, or damages arising from the loss of the vehicle (or any items contained in the vehicle), the failure to deliver the vehicle adequately or at all, or from or to the correct address, or from any other cause arising, whether any such liability, loss or damage is caused by or arises from breach of contract, negligence or gross negligence, on the part of the company, its servants, agents or employees, or otherwise.