Standard terms and conditions of business

Acceptance means the date on which the Job becomes an Accepted Job.

Accepted Job means a Job that is deemed to have been satisfactorily completed and accepted by a User in accordance with clause 12.

App means the mobile software application operated by Movex and available via Google Android and Apple iOS platforms.

Breakdown means an event (excluding an accident and where caused by wilful, reckless or negligent act of the Transport Supplier): (i) which causes the Transport Supplier to be unable to satisfactory complete the collection or delivery of a Vehicle because of a fault with the Vehicle or a failure which means it will no longer drive; or (ii) where the collection or delivery of the Vehicle cannot be continued safely without further concern for the relevant Vehicle; or (iii) where the Vehicle is no longer Roadworthy.

Business Day means a day other than a Saturday or Sunday on which banks are generally open in England for the transaction of normal business (excluding public holidays).

Business Hours means the hours of 9.00am to 5.00pm on a Business Day.

Cancellation Fees means the fees payable to Movex by a party to a Contract of Supply that cancels a Job, which is provided in the Schedule and subject to amendment from time to time.

Change Request means a request to change the Job Request as further described in the Service Requirements Schedule.

Collection Date means the later of: (i) the original date of collection of a Vehicle as agreed between the User and Transport Supplier in the Request; or (ii) the revised date of collection which is agreed pursuant to a Change Request that has been accepted by the User and Transport Supplier.

Collection Report means a digital report in respect of each Vehicle which must be accurately completed, dated, signed and submitted by the Transport Supplier onto the Platform, on collection of a Vehicle, as further described in clause 1 and in the Service Requirements.

Contract of Supply means a contract between User and Transport Supplier for the provision of the Job which comprises these Conditions and is formed in accordance with clause 3.

Credit Limit means the maximum amount of unpaid fees that a User may incur, as determined by Movex from time to time in its sole discretion.

Credit User means a User with a Credit Limit.

Delivery Date means the date on which a Vehicle is delivered by the Transport Supplier to the destination of the Job.

Disputes Policy means the policy by which the User may raise a dispute against the Transport Supplier, which is displayed on the Website (https://movex.co.uk/dispute-policy/) and subject to amendment from time to time.

Fixed Price Request means a request for a Job, which includes a fixed price that a User is willing to pay for that Job and is published by that User on the Platform, with Platform Fees added by Movex.

Fuel Costs means the total cost of fuel incurred by a Transport Supplier for a Plate Job.

Job means the transportation of a Vehicle, provided by a Transport Supplier to a User, which can either be a Plate Job or a Transporter Job.

Job Price means the amount to be paid by a User for a Job as agreed between the parties to the Contract of Supply, which may be the fixed price of a Fixed Price Request as offered by the User or the amount of a Quote offered by the Transport Supplier.

Key Account: any User which has been designated as a key account by Movex, as further described in the Service Requirements for Key Accounts (Schedule 2) .

Movex means Movex Logistics Limited (a company registered in England under registration number 8113821) whose registered office is at Central House, Leeds Road, Rothwell, Leeds, LS26 0JE.

Platform means the online platform operated by Movex via the Website and App which enables Transport Suppliers and Users to enter into Contracts of Supply.

Plate Job means a Job where the Vehicle is transported by Movex or the Transport Supplier by driving the Vehicle from the collection address to its destination using its own fuel and consumable parts.

Platform Fees means the amount payable to Movex for facilitating a Contract of Supply, including a percentage of the Job Price, as specified on the Website and subject to amendment from time to time.

POD Report means a digital report in respect of each Vehicle which must be accurately completed, dated, signed and submitted by the Transport Supplier onto the Platform, on delivery of a Vehicle, as further described in clause 1 and in the Service Requirements.

Quote means the price a Transport Supplier is willing to complete a Job for (including any toll road charges) in response to a Quote Request, as communicated to a User via the Platform, with Platform Fees added by Movex.

Quote Request means a request for a Job, which invites Quotes and is published by a User on the Platform.

Recovery Fees means the price payable by the User in accordance with the Schedule for the recovery of a Vehicle during a Plate Job as a result of a Breakdown.

Request means a request for a Job by a User, being either a Fixed Price Request or a Quote Request.

Risk Period means the period of time starting on the earlier of: (i) the point at which the Vehicle is collected by the Transport Supplier; or (ii) signature by the Transport Supplier of a Collection Report relating to the Vehicle, and ending on the earlier of: (i) the point at which the Vehicle is delivered to the User or its customer, details of which have been set out in the Request; or (ii) signature by the User or its customer of a POD Report.

Roadworthy means the Vehicle complies with all applicable laws and regulations introduced to ensure that vehicles do not cause a danger, including regulation as to a vehicle’s consumable parts.

Schedule means the schedules which are displayed on the Website and subject to amendment from time to time.

Services means the services offered by Movex, namely a digital platform which connects Users to Transport Suppliers to facilitate the movement of a Vehicle.

Service Requirements means the minimum performance standards applicable to a Job, as specified in Schedule 1.

Subscription Fees means the monthly subscription fees payable by Transport Suppliers and Users for the Services, as specified on the Website and subject to amendment from time to time.

Transport Supplier means a person in the business of transporting vehicles and registered as a transport supplier with Movex.

Transporter Job means a Job where the Vehicle is transported to its destination on another vehicle, as opposed to a Plate Job.

User means a business registered as a user with Movex in order to use the Services.

Vehicle means the vehicle(s) that is to be transported as part of a Job.

Vehicle Value means the market value of the Vehicle as determined by reference to the “CAP Average” price.

Waiting Fees means the amount payable by the User for the Waiting Time in accordance with the Schedule.

Waiting Time means the time spent by the Transport Supplier at: (a) the collection site; (b) delivery site; (c) awaiting recovery; (d) awaiting roadside repairs; (e) whilst charging any electric vehicle; (f) or for the Vehicle including any documents and accessories of the Vehicle as provided in the Schedule.

Website means the website located at https://movex.co.uk/

Words in the singular shall include the plural and vice versa.

Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

A person shall include individuals and body corporates, unincorporated associations and any other bodies or organisations having legal capacity.

1. The Transport Supplier warrants and undertakes to both Movex and the User that:

a. 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;

b. all information and documents provided as part of its registration as a Transport Supplier with Movex are complete and accurate and it will inform Movex of any changes to such information in writing immediately;

c. all information it provides in connection with the Job, including within any Quote, is complete and accurate;

d. 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 Movex;

e. it shall not subcontract the Job in whole or part;

f. it shall not discuss the Job Price or any other costs associated with the transportation of a Vehicle directly with the User;

g. 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;

h. for a Plate Job, it shall not drive any Vehicle which is not Roadworthy;

i. 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;

j. for a Plate Job, it shall use the App to record the odometer reading of the Vehicle upon collection and delivery and submit evidence of Fuel Costs;

k. it shall complete a Collection Report in respect of each Vehicle;

l. the Collection Report shall be supplied to the User upon the delivery of each Vehicle to the User, and shall ensure that the Collection Report is completed accurately before movement of the Vehicle begins;

m. It shall ensure that the POD Report is completed upon completion of the movement of any Vehicle detailing fully all external (and internal where applicable) damage occurring during the Risk Period.  The Transport Supplier shall be liable for any damage noticed on delivery of a Vehicle that has not been recorded in the Collection Report and is deemed to have occurred during the Risk Period;  

n. it has in place all necessary licences for the operation of its business and provision of the Job and shall provide evidence of such licences to the User and/or Movex immediately upon request;

o. 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 be responsible for the Vehicle at all times during the Risk Period, and shall provide evidence of such insurances to Movex 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 Movex holds an up-to-date copy of such insurances;

p. 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;

q. it shall only deliver the Vehicle(s) to: (1) the delivery address recorded in the Request; and (2) the User or (if applicable) the User’s customer specified in the request.

r. it shall not request lifts from Users or the User’s customers after completion of a Plate Job and shall ensure that all drivers have arranged for the necessary transport (at the Transport Supplier’s own cost) to leave the User’s premises or the delivery address recorded in the Request;

s. where applicable, it shall comply with the terms of the Disputes Policy, Acceptable Use Policy and Platform Terms of Use; and

t. it shall use its best endeavours to support and assist Movex 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.

2. The User warrants and undertakes to both Movex and the Transport Supplier that:

a. 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;

b. all information and documents provided as part of its registration as a User with Movex are complete and accurate and it will inform Movex of any changes to such information in writing immediately;

c. all information it provides in connection with the Job, including within any Request, is complete and accurate;

d. it is not aware of any issues which may affect the ability of a Transport Supplier to transport the Vehicle in the manner requested;

e. it shall not discuss the Job Price or any other costs associated with the transportation of a Vehicle directly with the Transport Supplier;

f. where it Requests a Plate Job, the Vehicle is Roadworthy;

g. it shall sign or if applicable, procure that the User’s customer signs, the POD Report provided by the Transport Supplier upon delivery of the Vehicle;

h. within 3 (three) Business Days of Delivery, it shall report any issues with the Job in accordance with clause 11;

i. where applicable, it shall comply with the terms of the Disputes Policy, Acceptable Use Policy and Platform Terms of Use; and

j. it shall use its best endeavours to support and assist Movex 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.

3. A Contract of Supply is a legally binding agreement formed between Transport Supplier and User when:

a. Fixed Price Request is accepted by a Transport Supplier; and/or

b. Quote is accepted by a User.

4. Movex is not a party to the Contract of Supply and has no liability or responsibility in respect of the Contract of Supply.

5. The Contract of Supply contains the warranties and representations made by the Transport Supplier at clause 1. The Transport Supplier makes no other warranties or representations.

6. Other than as set out in these Conditions, the Transport Supplier expressly excludes all other representations and warranties including any which may otherwise be implied into the Contract of Supply by legislation or by common law (whether this be terms implied by custom and practice or otherwise).

7. The Transport Supplier shall have no liability to the User for any loss of profit, loss of goodwill, loss of business, increased management costs, loss of anticipated savings, lost opportunity or any special, consequential, or indirect losses suffered by the User in relation to the Contract of Supply.

8. At all times the Transport Supplier’s liability to the User shall not exceed the Vehicle Value.

9. Nothing in the Contract of Supply shall exclude or limit the Transport Supplier’s liability for death or personal injury caused by the Transport Supplier’s negligence, fraud or fraudulent misrepresentation or any other matter for which it would be unlawful for it to exclude liability.

10. If either the User or the Transport Supplier cancels the Job following formation of the Contract of Supply, that party shall pay the Cancellation Fees to Movex, which, depending on the notice period provided, may be 100% (one hundred per cent) of the Job Price.

11. Any additional notes included by the User in the Request must be reviewed and agreed by the Transport Supplier before quoting or accepting a Request, which shall form part of the Contract of Supply between the User and Transport Supplier.

12. If the User does not dispute completion of the Job in accordance with clause 13 the User shall be deemed to have accepted that the Job has been satisfactorily completed 3 (three) Business Days after Delivery (Accepted Job) and must pay the Job Price.

13. Within 3 (three) Business Days of the Delivery Date, the User shall raise any dispute in regard to the Job by providing full details for consideration by Movex in accordance with the Disputes Policy.

14. If Movex 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.

15. The User and the Transport Supplier acknowledge and agree that provision of the dispute resolution procedure is an essential element of the Service and Movex’s determination of the dispute is final and binding, other than in the event of fraud or manifest error.

16. The Transport Supplier shall submit evidence to Movex of the Fuel Costs for a Plate Job via the App in accordance with these Conditions, particularly photographs of the odometer and fuel gauge upon collection and delivery and a copy of any fuel receipt, within 1 (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 Movex will make no payment in respect of the Fuel Costs.

17. Movex shall invoice the User once per month for:

a. Fuel Costs for each Accepted Job where Acceptance was in the previous month;

b. Recovery Fees for each Accepted Job where Acceptance was in the previous month;

c. Waiting Fees for each Accepted Job where Acceptance was in the previous month;

d. Cancellation Fees for Jobs cancelled by the User in the previous month; and

e. Subscription Fees.

18. Except as set out in clause 19, Users shall pay the Job Price before they enter into the Contract of Supply.

19. Movex shall invoice Credit Users for the Job Price for each Accepted Job where Acceptance was in the previous month.

20. If the Job Price exceeds the Credit Limit of the Credit User, the Credit User must pay the amount of the Job Price that exceeds the Credit Limit before it enters into the Contract of Supply.

21. The Users shall pay the full amount of each invoice within 30 (thirty) calendar days of the date of the invoice.

22. In normal circumstances Movex shall use reasonable endeavours to pay the Job Price, minus Platform Fees, to the bank account nominated by the Transport Supplier within 4 (four) Business Days of Acceptance. Time for payment shall not be of the essence in respect of this clause 22.

23. In the event that Movex (at its sole discretion) determines the Job Price is not payable following a dispute being raised by the User in accordance with clause 13, the Transport Supplier shall refund any Job Price that has already been paid to it by Movex within 5 (five) Business Days of a written request by Movex.

24. Movex shall invoice the Transport Supplier once per month for:

a. Cancellation Fees for the Jobs cancelled by the Transport Supplier in the previous month;

b. Subscription Fees; and

c. any additional fees including any administration fee provided in the Schedule or the annexes.

25. The Transport Supplier shall pay each invoice within 30 (thirty) calendar days of the date of the invoice.

26. VAT (at the rate prevailing by law from time to time) shall be payable on all amounts due under these Conditions. Movex will issue the Transport Supplier with a self-billed invoice and the Transport Supplier hereby agrees to receive self-billed invoices. The Transport Supplier must account for any output tax shown on the invoice to HMRC and agrees not to issue a VAT invoice in respect of any self-billed invoice issued by Movex. A Transport Supplier must provide Movex with details of the VAT number issued by HMRC and notify Movex immediately if the VAT number is changed or cancelled.

27. If the Transport Supplier or the User fails to pay any amount payable by it under these Conditions, interest (compounded monthly) shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at the rate of 4% (four per cent) per annum above the base rate of National Westminster Bank (or any other bank base rate chosen by Movex) from time to time.

28. Where the Vehicle incurs damage during the Risk Period, the Transport Supplier shall not receive payment for the Job Price until the resolution of any claim arising from the damage.

29. Movex has the right to refuse any person or business access to the Platform or any part thereof or other facilities and/or to suspend any such rights at its sole discretion.

30. Without affecting any other right or remedy available to it, Movex may terminate these Conditions with immediate effect by giving written notice to the Transport Supplier and/or the User (as applicable) if it:

a. fails to pay any amount due under these Conditions on the due date for payment and remains in default 7 (seven) days after being notified in writing to make such payment;

b. commits a material breach of any term of these Conditions which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 7 (seven) days after being notified in writing to do so;

c. repeatedly breaches any of the terms of these Conditions in such a manner as to reasonably justify the opinion that its conduct is consistent with it having the intention or ability to give effect to these Conditions;

d. has become insolvent or has had a receiver, administrator or administrative receiver appointed or applied for or has called a meeting of creditors or resolved to go into liquidation (except for bona fide amalgamation or reconstruction while solvent) or an application is made to appoint a provisional liquidator of the Transport Supplier and/or the User (as applicable) or for an administration order or notice of intention to appoint an administrator is given or a proposal is made for a voluntary arrangement or any other composition, scheme or arrangement with or assignment for the benefit of any of its creditors, or any event analogous to any of the foregoing occurs in any jurisdiction other than England and Wales in respect of the Transport Supplier and/or the User (as applicable); or

e. ceases or threatens to cease to carry on business.

31. Without prejudice to any other right or remedy, Movex shall be entitled but not obliged at any time to set off any liability of the Transport Supplier or the User owed to Movex against any liability of Movex to the Transport Supplier or the User (as applicable), howsoever arising and whether any such liability is present or future, liquidated or unliquidated.

32. Nothing in these Conditions shall limit Movex’s liability for death or personal injury arising from its negligence, fraud or fraudulent misrepresentation or any other matter for which it would be unlawful for it exclude liability.

33. Movex shall have no liability to either the Transport Supplier or the User for any loss of profit, loss of goodwill, loss of business, increased management costs, loss of anticipated savings, lost opportunity or any special or consequential losses suffered by the Transport Supplier or the User in relation to these Conditions.

34. Movex shall have no responsibility to check the accuracy of any information provided or made available on the Platform, including information provided as part of Requests and Offers. The Transport Supplier and the User rely on all such information at their own risk.

35. At no time shall Movex’s liability exceed the Vehicle Value of the Job that the claim or loss relates to.

36. Movex shall have no liability to the Transport Supplier or the User for any delay in performance if and to the extent that the delay is due to circumstances beyond its reasonable control.

37. Each of the Transport Supplier and the User agree to fully and effectively indemnify Movex and hold Movex harmless on demand against any losses, costs, damages, expenses or liabilities (including legal fees on a full indemnity basis) suffered by Movex in connection with it being in breach of these Conditions including under the Contract of Sale.

38. In order to provide the Services, Movex shall require certain information from the Transport Supplier and the User, which may include personal data (as defined in accordance with the Data Protection Act 2018). Any and all personal data collected by Movex for such purposes shall be processed by Movex in accordance with Movex’s Privacy Policy.

39. Use of the Platform shall be subject to Movex’s Platform Terms of Use and Acceptable Use Policy.

40. Movex makes no guarantees as to the availability of the Platform and does not warrant that the Transport Supplier and the User shall have uninterrupted, secure or error free access to such systems and communication facilities.

41. The Transport Supplier and the User agree and understand that when using the Website and App, being electronic means of communication, to submit Requests and Quotes, such submissions may not be received or The Transport Supplier and the User use the Website and the App at their own risk that communications will be transmitted efficiently.

42. During the period that a Job is live on the Platform, the User shall not procure completion of the Job outside of the Platform.

43. The Transport Supplier and the User shall not arrange to complete a Job without Acceptance via the Platform.

44. These Conditions set out the entire agreement between (1) Movex and the Transport Supplier; (2) Movex and the User; and (3) the Transport Supplier and the User.

45. No other person except for the parties to these Conditions shall have any right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Conditions. Nothing in these Conditions shall affect any right or remedy of a third party which exists or is available other than as a result of the aforementioned Act.

46. These Conditions contain all the terms which are agreed in relation to the Services and the Contract of Supply and supersede any prior written or oral agreements, representations or understandings between the parties relating to the Services and/or the Contract of Supply (as applicable).

47. If any clause, sub-clause, or any part of a clause or sub-clause, of these Conditions is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable than that provision will, to the extent required, be severed from these Conditions and will be ineffective. All other provisions of these Conditions will remain in full force and effect with such modifications as may be necessary to give effect to the remaining Conditions.

48. Any notices shall be made by either email, facsimile, telephone, regular mail or displayed on the Platform at Movex’s sole discretion.

49. Both the Transport Supplier and the User agree not to assign their rights and obligations under these Conditions.

50. No partnership, joint venture, contractor, employee-employer, franchisor-franchisee relationship arises between Movex and either Transport Supplier or User by reason of these Conditions.

51. In the event of a conflict between these Conditions and any additional notes in the Job Request, these Conditions shall take precedence.

52. These Conditions shall be governed by English Law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.