INTRODUCTION TO TERMS and CONDITIONS OF ENGAGEMENT – 2018
The Standard for all your External Transport Management and Operator License requirements
Thank you for considering Trans Consult for assistance with an Application for an Operators Licence, Major Change, Restricted Audit and or External Transport Manager (ETM) Introduction and Engagement for Goods and Passenger Vehicles if so required.
As soon as you are ready to make the application and you require the engagement of an External Transport Manager, we will firstly introduce you to a Transport Consultant who we consider most appropriate for the position in regard to location, commitment, availability and most importantly, a Consultant who would generally fit the criteria for the approval of the Traffic Commissioner. If following your initial conversation, for any reason you are not satisfied with the introduction, we will introduce further Consultants until you select the one you wish to engage. We will also introduce other ETM’s in the future if for any reason you are not satisfied with your engaged one.
You will then arrange a convenient time and place to meet, preferably at the Operating Centre if you have one, for the initial tasks of confirming the Contract Price and signing the Contract of Engagement and completion of the TM1 form. Once all has been signed your Consultant will submit the application by recorded delivery to the Traffic Area Office and track its progress through to grant.
If you require an Application Service only and you are or have a CPC holder, the fee will be one payment only of £300.
All information is held in the “Strictest of Confidentiality” and will not be disclosed to non-involved entities or Authorities. Trans Consult Co.Uk Ltd hold Notification and Registration under the Data Protection and Freedom of Information Act to ensure client confidentiality is handled within the requirements of the Act.
TRANS CONSULT CO UK LIMITED TERMS & CONDITIONS OF ENGAGEMENT
Trans Consult Co Uk Ltd (referred to as “Trans Consult”) are a Nationally established Association of Licensed Transport Consultant /Managers. Our central administration provides Client Operators with the advice, documentation and assistance required for the application of an Operators License or Major Change. In addition we are able to introduce the Client Operator
to External Transport Managers who will satisfy the professional competence requirements contained in section 8. 2 (a) & (b) of Schedule 3 of the goods Vehicles (Licensing of Operators) Act 1995 and the Public Passenger Vehicle Act 1981 for a Standard National and International Operation.
Trans Consult will administer the Introduction and Engagement of your elected External Transport Manager under a Contract of Engagement. He / She will usually live within an hours travelling distance from your operation. ETM’s are self-employed Independent Transport Consultants in their own Business with time availability that satisfies Section 13 (3) (a) & (c) of the GVLO Act 1995 and Regulation (EC) No 1071 / 2009 Article 4 (c).
Trans Consult will be under no obligation to provide such services unless the Client Operator has signed and returned the “TERMS & CONDITIONS OF ENGAGEMENT” by e-mail as an e-signature or by post together with the appropriate introduction fee.
TRANS CONSULT CO UK LIMITED AND THE CLIENT OPERATOR AGREE TO THE FOLLOWING TERMS AND CONDITIONS:-
The initial introduction and or Licence Application fee is £300.00. This is to be returned with the Terms & Conditions Declaration and Confidentially Undertaking on page 3. The Client operator will not be invoiced further until the Client has met and agreed to engage the Consultant.
Upon the granting of the Operators Licence or acceptance of the ETM by the Traffic Area office, your Consultant will produce his first invoice dated to the first day of that month together with his Bank Account details for the following and consecutive month’s fees, so payment can be deposited into the Consultants chosen Account on or before the “Payment Date”.
Licence Application to grant. £300.00. Restricted Audit £250.00 1st Vehicle plus £75.00 per extra vehicle
Minimum Contract Price per month following verbal Engagement of the Client’s chosen Consultant.
Vehicle weight Prime (First) vehicle Additional vehicle Margin vehicles
Ridged over 3,490 Kg GVW £250.00 £ 75.00 Nil
Ridged over 7,490 Kg £300.00 £100.00 Nil
Articulated & Draw Bar £350.00 £125.00 Nil
Passenger below 17 seats £200.00 £ 75.00 Nil
Passenger above 16 seats £300.00 £100.00 Nil
In the event that a Client adds additional vehicles or replaces them with vehicles which are heavier than the first vehicle in the table, then the largest vehicle weight will take precedence and the lower vehicle weight will become the second or additional vehicle, or vice versa. In other words if you start with a 7,500 Kg vehicle and progress to an Articulated, the Articulated price (£350) becomes the first vehicle and the small rigid (£75) is relegated to the additional vehicle price. The addition of other operating centres will carry minimum Contract Price as above.
The Terms & Conditions are primarily in connection with the Consultants ability to offer his qualification, experience and knowledge to Transport Operators holding or seeking to hold an Operators License.
C: within the Terms & Conditions, Trans Consult will implement the systems and assist the Client Operator and his Consultant in the following manner:
- Give introduction to suitably placed Consultants. Administer the introduction and Engagement of the Consultant by the Client and put in place the Contract of Engagement (CoE) between both parties.
- Supply and administer standard formatted systems to the Consultant on behalf of the Client to maintain compliance with the Act or any other substantive legislation which may replace and or repeal the current Act.
- Introduce the Client to other Consultants if conflict has occurred between the original Consultant and the Client, affecting good working practises or personal distaste.
- Where conflict has occurred between Trans Consult and the Consultant, Trans Consult reserves the right to introduce a replacement Consultant to fulfil the position at its absolute discretion following consultation with the Client. Your attention is drawn to clause E5 below.
- Trans Consult will not be held liable whatsoever for failing to introduce a Transport Manager in any geographical area.
- Trans Consult will hold insurances including, Public Liability and Professional Indemnity.
D: Within the Terms & Conditions, the Engaged Consultant will assist the Client Operator in the following manner:
- Have effective and continuous control of the administration and implementation of all relevant maintenance, servicing, drivers’ hours and records and defect reporting, in compliance with the legislation as set out in the Act and verbally agreed between both the Client and Consultant from time to time.
- Within the Contracts of Engagement the Consultant and Client will verbally agree the appropriate fee which is acceptable to both parties. The Client Operator may require further services over and above the agreed Contract price for which the Client and Consultant will verbally agree from time to time.
E: Within the Terms & Conditions the Client Operator agrees to the following;
- Immediately notify the Consultant of any prohibitions, chart/ documentation confiscation/ Digi card infringements, Overloading, Speeding or any convictions which would be notified to the Traffic Area by VOSA or the Police if or when they occur.
- Make available Tachograph charts and or digitach data and agree with the Consultant a mutually independent firm to analyse the information and supply infringement and or other reports for the Consultants viewing. The cost of the analysis will be bore wholly by the Client Operator as will the purchase of the card reader.
- Indemnify the Consultant by maintaining the Contract of Engagement between the Consultant and the Client is implemented and remains in place for the duration of the Engagement.
- The Client will submit his fees in full on or before the Payment Date. Failure may result in correspondence being forwarded to the Licensing Authority of the Consultants termination of contract and removal of qualification from the Client’s Operators License.
- The Client irrevocably acknowledges that he will not at any time and for a further two calendar years following termination of contract or failure to settle accounts, approach any previously introduced Consultant with an offer to Engage or view to continue to be directly Engaged for services outside of the Terms & Conditions, without the express written permission of Trans Consult. It is acknowledged that litigation will follow if at any time this clause is breached. The Client irrevocably acknowledges that all costs of such litigation will be bore wholly by the Client. An independent Consultant will arbitrate in the first instance.
- The Client acknowledges that it is his responsibility to maintain that he is satisfied his Consultant has effective and continuous control of the operation. The Client Operator is aware that the verbally agreed terms of engagement, contract price and service levels he requires are acknowledged. Additional services above the contract price may be discussed as or when required from time to time.
- The Client acknowledges that Trans Consult are a transport related introducer and advisor who has no employment relationship with the Client Operator or Consultant.
- English Law shall govern the validity and interpretation of this agreement. Each party hereby submits to the exclusive original jurisdiction of the English Courts, with respect to all disputes arising out of or in connection with this agreement. It is also agreed that the Client will not disclose any confidential information that in any way would prejudice Trans Consult or the
- Client’s Consultant. This agreement shall be binding on any successors or assignees of the Client Business.
- The Client agrees that the Consultant and Trans Consult shall be indemnified and held harmless from and against any losses, claims, damages or liabilities, joint or several if or when they occur. The Client Operator will indemnify the Consultant and Trans Consult against any financial penalties as a result of any improper operating practices, false declaration or inadequate record keeping, though this list is not exhaustive. The Consultant can rely on the terms of indemnity given by the Client Operator to the Consultant within the Contracts of Engagement and these Terms and Conditions.
Definitions: In this Agreement:-
- “Trans Consult” Means Trans Consult Co Uk Ltd.
- “Client Operator” means the Business or Entity who enters into these Terms and Conditions of Engagement.
- “External Transport Manager” means the qualified Consultant to be engaged by the Client Operator
- “Engagement” means the period of time the Client Operator continues to require the services of the introduced Consultant.
- “Intellectual Property” means any intellectual property belonging, or licensed to Trans Consult including by way of illustration only,
- copyright © in software, forms and marketing material, the Trademarks and unregistered trade and service marks made available by Trans Consult to the Client Operator for use in the operation of the Business;
- “Month” means a calendar month;
- “Payment Date” means the 27th day of the preceding month of each month that services are required;
- “Contract of Engagement” means the direct agreement of engagement of the Consultant by the Client Operator
- “Contract Price” means the verbally agreed monthly payment payable to the Consultant for the verbally agreed level of service required by the Client Operator.
- “Appendix A” means the table of standard minimum fees payable by the Client Operator on a monthly basis as agreed verbally or otherwise with the introduced Consultant. Appendix A may be amended or repealed from time to time following consultation with the Client Operator if so affected.
- “Appendix B” means the services to be rendered and legal requirements necessary between Trans Consult, the Client Operator and the Consultant to run concurrently within the Terms and Conditions of Engagement.
- “Terms and Conditions” means, prior to introduction from Trans Consult and for the duration of the Engagement of the Client Operator, Consultant, the Terms which the Client Operator agrees to, and the Conditions on which the Client Operator will Engage Trans Consult as an introducer for the duration of the Engagement.
- “His / Hers” Masculine refers to Feminine.
- “Confidentiality” means all information disclosed between all parties as confirmed on page 3 the agreement.
The definitions in this Agreement are for reference only and do not form any part of this Agreement or affect its construction.
We thank you for your interest and assure you of our best intention at all times. If we can be of any further assistance whatsoever please do not hesitate in contacting us, or if you have decided to instruct Trans Consult within the Terms & Conditions, please e-mail this document back to us as an e-signature to firstname.lastname@example.org and confirm the Introduction fee (£300) has been transferred to the following account. We will issue you with an invoice by return.
Name: Transconsult Co UK Ltd. Sort Code: 40-46-18. Account Number: 71789422
Terms & Conditions Declaration and Confidentially Undertaking
I /We the undersigned /e-signed acknowledges and declare that I / We have read and accept the Terms & Conditions as stated above.
I / We also agreed and acknowledged: Any information, written or oral, provided by Trans Consult Co Uk Ltd pursuant to the terms & conditions within this agreement will be solely for the information and assistance to the named Client Operator / signatory for exploratory reasons in connection with the project and is not to be used, circulated, quoted or otherwise referred to or publicly filed or disclosed for any other purpose, except in each case with Trans Consult Co Uk Ltd prior written approval.
IN WITNESS of this Agreement the CLIENT OPERATOR has e-signed this by e-mailing back to the Trans Consult at the time and on the date recorded.
E-SIGNED by TRANSCONSULT CO UK LTD
E-SIGNED by CLIENT OPERATOR
Or physically signed and posted to the Licensor
Please do not be concerned if you are not sure of what your requirements are. On receipt we will call you to ascertain exactly what your Business Model is and advise you further.