This document sets out the basis upon which the Platform (as defined hereunder) is provided for you to use and set out the terms of use. Through using the Platform you are confirming your acceptance to these terms.
We set out how we intend to conduct Platform and the basis of any information in relation to Job’s and Bids. Each Job, and their terms that is offered for sale, may be subject to change from any standard terms and it is your responsibility to make sure you are aware of all matters that apply to Job.
THE PARTIES ATTENTION IS PARTICULARLY DRAWN TO CLAUSE 14 (THE COMPANY’s (as defined at 1(d) below) – LIMITATION OF LIABILTY)
- GENERAL INFORMATION AND DEFINITIONS
- “Transport Supplier” means a Transport Supplier pre-registered on the Portal in accordance with the requirements of these terms and condition and any other reasonable condition the Company required compliance with.
- “Bid” means a bid for any Job by a Transport Supplier.
- “Company” means Trader Transport Limited, registered in England & Wales with Company Number 13719811, and whose registered office is Druslyn House, De La Beche st, Swansea, SA1 3HJ
- “Delivery Date” means the prosed delivery date of any Job.
- “Payment Bank Account” means the bank account of a User correctly registered in accordance with these terms and conditions.
- “Plate Job” means the delivery if a single vehicle using trade plates.
- “Platform” means the on line portal, owned and hosted by the Company, for placing Jobs and Transport Supplier Bids.
- “Job” refers to an online job offer for the delivery of vehicles, as set out by the Company in accordance with the terms of this Portal.
- “Roadworthy” means the Vehicle complies with all applicable laws and regulations introduced to ensure that vehicles do not cause a danger, include any parts thereof.
- “Sales Contract” means a contract for the supply of the Transport Supplier Services between the Transport Supplier and User”.
- “Third Party” means any party who is not a Transport Supplier or User registered in accordance with these terms and conditions.
- “Transport Supplier” means any party, properly pre-registered on the Platform, bidding on a Job on the Platform.
- “Transport Supplier Service” means the delivery of a Job in accordance with these terms and conditions.
- “Transaction” means a Bid being accepted by a Bid by a Transport Supplier on the Platform.
- “Transaction Payment” means a payment by a User for a completed transaction on the Portal.
- “User” means any party, properly pre-registered on the Platform, placing a car for delivery on the Platform.
- “Vehicle” means the vehicle, or vehicles, to be transported as part of a Job.
- “Working Days” means any day the London clearing banks are open for business.
- “We”, “Us” or “Our” below and on the website refers to Trade Transport Limited.
- “You” refers to any potential Transport Supplier, or, a Transport Supplier.
- Jobs may be added to, sold prior to and withdrawn at any time. We will not be held responsible or liable for any loss, cost, claim, demand or damage that you may incur as a result of this.
- We reserve the right to vary the order in which Jobs are offered at our discretion for the purpose of the efficient operation of the Platform.
- The fees and costs for use of the Platform are available on the web site, and VAT if any is due, and may be varied at any time.
- The clauses in these Terms and Conditions shall apply to both Transport Suppliers and Users , unless specifically stated as referring to either Transport Supplier or User.
- Business hours means the hours of 09.00AM to 17.00PM on a business day.
- Business Day means a day other than a Saturday or Sunday on which banks are generally open in England/ Wales for the transaction of normal business (excluding public holidays).
- REGISTERING TO BID AS A TRANSPORT SUPPLIER (Transport Supplier only)
- You may access and view parts of the Platform without registering your details. However, some areas of the Platform can only be accessed by you if you are a registered to Bid as a Transport Supplier.
- If you decide that you want to Bid on any Job, you need to first register to Bid as a Transport Supplier.
- You confirm that all information and documents provided to us as part of the registration process, when registering to Bid as a Transport Supplier, or at any time via the Platform, or otherwise in relation to a Job are up-to-date, complete, truthful, accurate and not misleading and that you will disclose any material changes to them.
- As part of the registration process of registration to Bid as a Transport Supplier, we will ask you to provide to us, or any other party providing card payment merchant services in relation to the Platform, certain information and documentation which may include information allowing us to comply with The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 and Proceeds of Crime Act. This comprises of identity and residency verification.
- You agree that the identification documents submitted, where necessary, may be verified via an external service provider verification Platform without additional notification to you and if required you shall provide any additional documentation reasonably required.
- If you are acting on behalf of another party who is intended to be the Transport Supplier, you agree to provide us with all information reasonably required by us to assess whether it’s appropriate to authorise you to bid on the Transport Suppliers behalf. This will include the appropriate proof of identification for that party and we will need to see proper written authority issued by the intended Transport Supplier that you may act on their behalf.
- You also agree, if reasonable and appropriate, to provide us with all information reasonably required to identify the source of any funds used.
- We will review your application to register to sell including the legal identity of the Transport Supplier who will be a party to any Transaction. Once your registration information has been verified as follows;
- Transport Suppliers details;
- AML identity documents provided and verified (where necessary via an external service provider Platform);
- Payment Bank Account details for any payment.
- REGISTERING TO BE A USER (User only)
- You may access and view parts of the Platform without registering your details including. However, some areas of the Platform can only be accessed by you if you are registered as a User.
- If you decide that you want to place a Job you then need to register to become a User.
- You confirm that all information and documents provided to us during the User registration process, or at any time via the Platform, or otherwise in relation to a Job are up-to-date, complete, truthful, accurate and not misleading.
- As part of the User registration process we will ask you to provide to us, or any other party providing card payment merchant services in relation to the Platform, certain information and documentation which may include information allowing us to comply with The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 and Proceeds of Crime Act. This comprises of identity and residency verification.
- You agree to the identification documents submitted, where necessary, to be verified via a external service provider verification Platform without additional notification to you and if required provide any additional documentation.
- If you are acting on behalf of another party who is intended to be the User, you agree to provide us with all information reasonably required by us to assess whether it’s appropriate to authorise you to place a Job on their behalf. This will include the appropriate proof of identification, and, we will need to see written authority issued by the intended User that you may act on their behalf
- We will review your application to place a Job including the legal identity of the User which will be a party to any Transaction. Once your registration information has been verified as follows:
- Users details; and
- AML identity documents provided and verified (where necessary via an external provider service Platform).
- THE PLATFORM
- The Platform is provided free of charge and is accessible at tradertransport.co.uk. Access to the Platform is permitted in accordance with these terms and conditions.
- We may use a third-party Provider of services such as web-hosting, transaction facilitation and support and maintenance to host and support the operation of the Platform.
- We do not guarantee that the Platform, or any content will be free from errors or omissions and we are under no obligation to update it. Please note that we may update, the Platform at any time and this could include updating any content.
- We do not guarantee that the Platform, or any content on it, will always be available or be uninterrupted. We at our discretion may suspend, withdraw, discontinue or change all or any part of the Platform at any time.
- We will not be liable if the Platform is unavailable for any reason at any time or for any period.
- You are responsible for making sure that you have working hardware and sufficient internet connection to access the Platform.
- You must ensure that all persons who access the Platform through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
- For the avoidance of doubt should you place a job for a User you must not divulge your login details to anyone else and you are deemed to have made any Bid made by any Third Party if they have logged on to your account.
- LIABILITY OF TRANSPORT SUPPLIER
- As a Transport Supplier, subject to payment in accordance with these terms and conditions, you will be liable to provide the Transport Supplier Service in respect of any completed Transaction and this applies if you bid as agent or other representative for another party. You also agree you will be jointly and severally liable under the Transaction with the named Transport Supplier on whose behalf you have bid as an agent or other representative.
- You will be strictly and solely liable for delivering the Transport Supplier Service and shall have no claim against the Company for any loss suffered from any failure on the part of a User or Transport Supplier, and shall keep the Company fully and effectively indemnified for all loss suffered from any claim arising from a Transaction, the provision of the Transport Supplier Service or any other matter.
- LIABILITY OF USER
- As a User, on any completed Transaction on the Portal you, will be liable to make the Transaction Payment within 4 Days of delivery and this applies if you sell as agent or other representative for another party. Of a Job is placed by a third party you also agree you will be jointly and severally liable under the Transaction with the named User on whose behalf you have bid as an agent or other representative.
- You will be strictly and solely liable for any Transaction Payment and shall have no claim against the Company for any loss suffered from any failure on the part of a User or Transport Supplier, and shall keep the Company fully and effectively indemnified for all loss suffered from any claim arising from a Transaction, or any other matter.
- TRANSPORT SUPPLIER DUTIES
The Transport Supplier warrants and undertakes to the Company and the User that:
- The Transport Supplier warrants and undertakes to both The Company and the User that:
- it enters into these terms and conditions in the course of its business, not as a private individual, with full capacity to meet and carry out its obligations under these terms and conditions;
- all information and documents provided as part of its registration as a Transport Supplier with The Company are complete and accurate and it will inform The Company of any changes to such information in writing immediately;
- all information it provides in connection with the Job, including within any Quote, is complete and accurate;
- it shall perform the Job in accordance with the Request, the Service Levels and any additional reasonable requirements communicated to it in writing by the User and/or The Company;
- it shall not subcontract the Job in whole or part;
- it shall carry out the Job in accordance with all applicable laws and regulations, including health and safety legislation and compliance with HSE (Health and Safety Executive) and DVSA (Driver & Vehicle Standards Agency) guidance;
- it shall employ personnel who are suitably qualified and experienced to perform the tasks assigned to them and in sufficient number to ensure that its obligations under these Conditions are fulfilled;
- it shall use the Portal to record the condition of the Vehicle upon collection and delivery and to submit signatures on behalf of Transport Supplier and User as confirmation of delivery;
- for a Plate Job, it shall use the Portal to record the odometer reading of the Vehicle upon collection and delivery and submit evidence of Fuel Costs;
- it has in place all necessary licenses for the operation of its business and provision of the Job and shall provide evidence of such licenses to the User and/or The Company immediately upon request;
- it has in place and shall maintain such insurances with reputable insurers against those risks and to the extent that is usual for a transport supplier of its size and sufficient to cover the liabilities accepted under these Conditions. The Transport Supplier shall provide evidence of such insurances to The Company prior to accessing the Platform and ensure that these are updated upon each renewal and change to the insurance policies so that at all times The Company holds an up to date copy of such insurances;
- it shall perform the Job with reasonable skill and care in accordance with the commercial practices and to the standard expected of a competent and experienced provider of such services;
- where applicable, it shall comply with the terms of the Disputes Policy, Acceptable Use Policy and Platform Terms of Use; and
- it shall use its best endeavors to support and assist The Company in any claim it brings against the User in connection with the Job, including providing all requested information and documents and making available its personnel.
- it shall allow grace of 30 minutes for collection at the collection address. Should time exceed 30 minutes it should contact trader transport and record time waiting.
- it should report immediately to trader transport the abort of the job recording time, situation and reason.
- 5% of the total bid won will be charged as administration costs payable to trader transport.
- Payment to the transport supplier from trader transport will take place 10 working days after delivery subject to completed pod and poc paper work completed and uploaded to the trader transport portal.
- it shall not discuss the job price or any other costs associated with the transportation of a vehicle directly with a user.
- USERS DUTIES
The User warrants and undertakes to both The Company and the Transport Supplier that:
- it enters into these Conditions in the course of its business, not as a private individual, with full capacity to meet and carry out its obligations under these Conditions;
- all information and documents provided as part of its registration as a User with The Company are complete and accurate and it will inform The Company of any changes to such information in writing immediately;
- all information it provides in connection with the Job, including within any Request, is complete and accurate;
- it is not aware of any issues which may affect the ability of a Transport Supplier to transport the Vehicle in the manner requested;
- where it Requests a plate job, the Vehicle is Roadworthy;
- it shall sign a proof of delivery form provided by the Transport Supplier upon delivery of the Vehicle;
- within 3 (three) Business Days of the Delivery Date.
- where applicable, it shall comply with the terms of the Disputes Policy, Acceptable Use Policy and Platform Terms of Use; and
- it shall use its best endeavors to support and assist The Company in any claim it brings against the Transport Supplier in connection with the Job, including providing all requested information and documents and making available its personnel.
- it shall report the cancellation of any job before 12.00 noon on the working day before the planned date. failure to do so will result in a fee to the user of 100% (one hundred percent) of the original job cost.
- £5 administration fee will be charged on each completed job payable 4 (four) days after delivery.
- Should any delay at collection or delivery exceed 30mins the user will be charged a fee of £25 per hour plus vat.
- CONDUCT OF THE PLATFORM AND JOBS
- The use of the Platform and all Job’s will be conducted in accordance with these terms and conditions.
- Whilst we will use reasonable endeavors to conclude any Job we reserve the right to cancel or suspend the Job in the event of a hardware, software, server or internet connectivity failure, or otherwise for any other reason that in our reasonable opinion affects the Job.
- We shall use our reasonable endeavors to re-list or re-start any affected Job’s, subject to any specific instructions from the User.
- We may cancel or rearrange a Job at our discretion and the User may withdraw, or sell a Job elsewhere, prior at any point before a Bid is accepted and the Company shall not be liable to any person for any loss or damage suffered by reason of the fact that the Job is withdrawn or sold before a Bid is accepted.
- It is possible that at any time up to the bidding close time amendments and/or additions may be made to the Conditions of Sale (see clause 9) for the Job, or any other matters relating to it. Such amendments are published by means of written addendum. You will be deemed to have knowledge of such matters (including for the avoidance of doubt any late addendums that are added) and if a Bid is successful you will buy subject to them.
- Our decision on the conduct of the Platform shall be final.
- A User is not obliged to accept any Bid of a Transport Supplier.
- If two or more Transport Suppliers attempt to lodge identical Bids, the first Bid received and acknowledged by the Platform will take precedence.
- The Transport Supplier will be notified of the outcome of a successful Bid on a Job.
- We may refuse to accept a Bid in our sole and absolute discretion without notice or providing a reason.
- All Transport Suppliers must appreciate that their offer is binding on the completion of a Transaction.
- The Company shall have no liability where a Bid fails to be received or is delayed, or where the Bid is made in error, for whatever reason.
- PARTICULARS
- The information contained within the Particulars are given in good faith. All descriptions, statements, dimensions, references to condition and permissions for the use and occupation or other details are made without responsibility and should not be relied upon as representation of fact.
- Unless otherwise stated, all prices, rents and other charges are quoted exclusive of Value Added Tax.
- No representation, warranty or undertaking whatsoever is made or intended to be made in respect to a Buyer ability to deliver the Transport Supplier Service.
- It is a Transport Supplier’s responsibility to check the all information about a Job before bidding.
- A Bid is only permitted on the basis that you accept that, to the maximum extent permitted by law, the Company will not be held responsible or liable for any loss, cost, claim, demand or damage whatsoever that a Transport Supplier may incur as a result of a Job being incomplete, inaccurate, or misleading.
- The Company, nor any person in their employment (whether actual or implied) have any authority to make or give any representation or warranty whatsoever in relation to any Job.
- CONDITIONS OF SALE
- Each Job, unless stated otherwise, is offered subject to the sale conditions comprising these terms and conditions for Transport Supplier.
- You may only bid on a Job provided that you accept these terms and conditions.
- The successful Transport Supplier will be the party who has made a Bid acceptable to the User. They will be legally bound by all these terms and conditions and a contract for the supply of the Transport Supplier Services is formed at that point, and the successful Transport Supplier hereby irrevocably authorises us to sign the Sales Contract and all other applicable document necessary to give effect to the agreement for Sale on behalf of the successful Transport Supplier.
- ACCEPTANCE
- From the moment the Job is accepted the successful Transport Supplier will be legally bound by these terms and conditions and a contract between the User and Transport Supplier is formed at that point.
- You agree that the successful Transport Supplier on any Job will be the entity entered on to the Sales Contract. The entity must be a specifically named entity and not “nominees”, “associates”, “agent” or any other similar term. If you are not the named Transport Supplier you agree to provide written authority from the Transport Supplier, with any evidence the Company reasonably requires, that you are authorised on Transport Suppliers behalf prior to being allowed by us to bid on any Job.
- Any disputes in relation to a Job must be reported by either party, to the other party, no later than 2.00pm 3 days before the Delivery Date.
- FUEL COSTS
The Transport Supplier shall submit evidence to The Company of the Fuel Costs for a Plate Job via the Portal in accordance with, particularly photographs of the odometer and fuel gauge upon collection and delivery and a copy of any fuel receipt, within one Business Day of Delivery. If appropriate evidence of Fuel Costs is not correctly submitted, the Transport Supplier acknowledges that the User shall not be required to pay the Fuel Costs and The Company will make no payment in respect of the Fuel Costs
13.1 ELECTRIC VEHICLES
Should an electric vehicle need charging during delivery, a fee will be incurred for the time spent waiting for a charging point and the duration of the charge (£20 per hour), plus the cost of the electricity used. Multiple charges may be necessary for the vehicle to reach its destination. Additionally, if the vehicle is to be delivered charged, a top-up charge may be required for handover. To prevent delays, please ensure the vehicle is charged the day before collection whenever possible.
- DISPUTES
- If the User disputes the Job in accordance with these terms and conditions The Company shall review and determine the dispute in accordance with its Disputes Policy.
- If The Company determines that the Transport Supplier carried out the Job in accordance with these Conditions, the Job will be deemed to be an Accepted Job and the Job Price will be payable by the User.
- The User and the Transport Supplier acknowledge and agree that provision of the disputes resolution procedure is an essential element of the Service and The Company’s determination of the dispute is final and binding, other than in the event of fraud or manifest error.
- SECURITY
- You must treat any log in details as confidential and must not disclose it to any third party. You must notify us immediately if you know or suspect that anyone other than you knows’ your bid by a Transport Supplier name or password.
- We may in our absolute discretion disable any bid by a Transport Supplier name or password, or suspend or terminate your access on the Platform, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
- You warrant and represent that you have authority to use the Platform, register to participate and Bid on a Job, and enter into a binding contract to purchase a Job, whether on behalf of another person or Transport Supplier or otherwise.
- ANTI-MONEY LAUNDERING COMPLIANCE
- If we have any suspicions regarding the User, The Transport Supplier, Transport Supplier, and any relevant Beneficial owners we have various statutory obligation.
- If funds are sent to our bank in circumstances where we are not satisfied with the evidence in respect of identity or source of funds, we may not be able to utilise or return funds if we are suspicious of the circumstances in which they were sent.
- If we are unable to comply our obligations, or we have suspicions regarding any transaction then we reserve the right to decline any instructions from the User, Transport Supplier, Transport Supplier and/or other relevant person. In such circumstances, we may not be able to return funds to the person from whom they originated or otherwise.
- Any statutory obligations in relation anti-money Laundering and counter-financing of terrorism will override our business relationship with the User, Transport Supplier, Transport Supplier and/or any other relevant person and it may not be possible for us to discuss these issues with them or disclose the fact that we have taken appropriate action in instance where we are unable to comply our obligations, or we have suspicions.
- COMPLAINTS PROCEDURE
If you wish to complain about the level of our service to you, we have a standard complaints procedure, a copy of which is available on the portal.
- PRIVACY POLICY AND DATA PROTECTION
- Please view our privacy policy to ensure that you are aware of how we use your personal data.
- Details of our privacy policy can be found at www.tradetrasnsport.co.uk/privacy-policy.
- LIMITATION OF LIABILTIY OF THE COMPANY
- We do not guarantee that the Platform will be secure or free from bugs or viruses. You should use your own virus, malware and any other online threat protection software.
- You are responsible for making your own arrangements to access, send and receive communications or notifications from and in relation to the Platform.
- If a successful Transport Supplier and/or the Transport Supplier does not comply with the any of the provisions of these, or any of the Conditions of Sale, we and/or the User reserves the right to treat that failure as the successful Transport Supplier’s repudiation of the Contract of Sale on behalf of the Transport Supplier. In such circumstances, we and and/or the applicable User may have a claim against the winning Transport Supplier personally for breach of contract.
- We will be under no liability to the Transport Supplier or the Transport Supplier in respect of any loss or damage suffered by the Transport Supplier or the Transport Supplier as a result of our exercising our rights under these Terms.
- We cannot guarantee that notifications (including Bids) or e-mails sent to us or by us will not be viewed or intercepted whilst en route. The use of Internet e-mail carries certain risks. Confidentiality may be breached, messages may be lost or delayed, or may not be read, and viruses may be transferred through the use of e-mail. We cannot accept responsibility for loss which you suffer as a result of the use of Internet e-mail for communication between us, or between us and third parties.
- We suggest that, when sending a time critical e-mail to us, you telephone to ensure the intended recipient is aware that a message has been sent.
- You are solely responsible for securing and backing any of your content, or records of any communication or notification from or to us in relation to the Platform.
- These terms and your use of this website and the Platform is governed exclusively by English law and any disputes arising from or in connection with these terms and any other associated terms and conditions and your use of this website shall be subject to the exclusive jurisdiction of the courts of England and Wales.
- if any provision of these terms or any other of our associated terms and conditions or your use of this website and the Platform (or any document incorporating them) or part of any provision is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
- If any provision of these terms or any other of our associated terms and conditions or your use of this website (or any document incorporating them) or part of any provision is found wholly illegal, invalid or unenforceable and not possible of reasonable modification, that provision or part provision shall, to the extent required, be deemed not to form part of our agreement with you and the validity and enforceability of the other provisions shall not be affected.
- YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR THE USE TO WHICH YOU PUT THESE TERMS, THE PLATFORM AND OUR WEBSITE AND ALL THE RESULTS AND INFORMATION YOU OBTAIN FROM IT AND THAT ALL WARRANTIES, CONDITIONS, UNDERTAKINGS, REPRESENTATIONS AND TERMS WHETHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
- Save in respect of liability for death or personal injury arising out of negligence or for fraudulent misrepresentation, we and all contributors to this website hereby disclaim to the fullest extent permitted by law all liability for any loss or damage including any consequential or indirect loss or damage incurred by you, whether arising in tort, contract or otherwise, and arising out of or in relation to or in connection with your access to or use of or inability to use these terms, and any other of our associated terms and conditions and our website, or the Platform.
- Any employees of Company who carry out our obligations under these Terms do so as representatives of Company and without personal liability.