Volvo Lorry

Terms and Conditions

  1. Interpretation
    1. In these terms of business (‘the Terms’) the following expressions shall be given the following meanings:
      1. ‘Assignment’ means the period during which a Temporary performs services or carries out work for or on behalf of the Client or agreed between the Client and the Company, commencing at the time the Temporary first reports to the Client to take up duties (or, if earlier, the commencement by the Temporary of such work or services) and ending upon the cessation by the Temporary of all such work and services.
      2. ‘The Client’ means any person, firm or corporation who approaches the Company with a view to placing an order with the Company for the introduction or supply of a Temporary.
      3. The Company’ means Driverforce UK Limited or any of its subsidiary, associated or holding companies.
      4. ‘Month’ means a calendar month.
      5. Temporary’ means any person who is introduced or supplied by the Company to the Client with a view to carrying out work for the Client.
      6. ‘Week’ means 7 consecutive days.
    2. In these Terms words importing the singular shall include the plural and vice versa and words importing the masculine gender shall include the feminine gender and vice versa.
    3. All and any business undertaken by the Company is transacted subject to these Terms, all of which shall be incorporated in any agreement between the Company and the Client. In the event of any conflict between these Terms and any other terms and conditions, these Terms shall prevail unless expressly otherwise agreed in writing by a Director or other authorised officer of the Company. No variation in these Terms shall be valid if made without the written consent of a Director or other authorised officer of the Company.
    4. The interviewing by or on behalf of the Client or the acceptance by or on behalf of the Client or the commencement of work (whichever first occurs) of any Temporary shall be deemed acceptance of and agreement to these Terms.
    5. The complete or partial invalidity or unenforceability of any provision herein for any purpose shall in no way affect the validity or enforceability of such a provision for any other purpose or the remaining provisions. Any such provisions shall be deemed to be severed for that purpose subject to such consequential modification as may be necessary for the purpose of such severance.
    6. The Company may supply a Temporary to the Client acting as employment business and the Temporary will be self-employed.
    7. These Terms supersede all previous terms of business.
  2. Obligations of the Company
    1. The Company will use reasonable endeavours to introduce to the Client a suitable Temporary to carry out work for the Client of such nature as the Client shall notify to the Company when placing its order for a Temporary. Drivers are supplied by the Contractor to the Hirer on terms agreed between the Contractor and the driver.
    2. The Company shall ensure the suitability of any Temporary to drive on behalf of the Client by checking the Temporary's relevant qualifications, licenses and taking up references.
    3. The Company will ensure that all Temporaries it may introduce to the Client in pursuance of the contract are duly qualified and licensed in accordance with the provisions of the Road Traffic Act 1972 and any other enactment relating thereto and such rules and regulations made thereunder or under any other statute relating to the same which may from time to time be enforced to drive vehicles falling within such groups or classes of vehicles as the Client may specify to the Company prior to the time that any such Temporary first reports for work.
    4. The Company will pay each Temporary the fees or hourly charge and other payment and reimbursement of disbursements to which he is entitled by reason of carrying out work for the Client.
    5. In appropriate cases where the Company will:
      1. make deductions and account to the Inland Revenue for PAYE income tax in respect of the remuneration of each Temporary; and
      2. make deductions and account for all necessary National Insurance contributions relevant to the remuneration of each Temporary;
  3. Obligations of the Client
    1. The Client shall specify its exact requirements by providing full details of the work for which the Temporary is required and, in particular, by notifying the Company of any special skills required for such work when placing its order.
    2. The Client shall not allow any Temporary to undertake any work other than that which has been notified by the Client in accordance with clause 3.1 to the Company in placing its order for such Temporary.
    3. The Client shall provide the Company with the following information prior to the supply of any Temporary in respect of each Assignment:
      1. The date upon which the Temporary is to start work
      2. The duration or likely duration of the Assignment
      3. The position and type of work , location and hours the Temporary will be expected to work
      4. Identify any risks to health and safety known to the Client and confirm that a risk assessment has been carried out in relation to vehicle, any equipment to be used by the Temporary and the working conditions
    4. The Client shall be responsible for obtaining any work and other permits and for ensuring that the Temporary satisfies any medical requirements or other qualifications that may be appropriate or required by law.
    5. The Client hereby undertakes to comply with all obligations, duties and regulations (whether statutory or otherwise and without prejudice to the generality of the foregoing those relating to the place, nature or system of work) in any way arising from or directly or indirectly connected with the services rendered by a Temporary.
    6. The Client undertakes to exercise all supervision, direction and control over the manner, time and place in which each Temporary carries out their work for the Client throughout the duration of the Assignment.
    7. Without prejudice to the generality of clause 3.4 the Client acknowledges that each Temporary introduced or supplied to the Client for purposes which include the driving of vehicles is introduced or supplied to the Client on the Client’s express warranty:
      1. that it is the holder of a valid operator’s licence under the Transport Act 1968 where this is required;
      2. that it will take all necessary steps to ensure that any Temporary complies with the provisions of the Transport Act 1968 and all other road transport legislation;
      3. that it will take all steps that may be required by law in relation to the insurance, maintenance and safety of vehicles, and will in particular satisfy itself that such vehicles are road worthy and properly maintained and shall under no circumstances require the Temporary to check such matters; and duties of each Temporary, their journeys and hours of work and comply with all statutory duties in regard thereto including the Working Time Regulations 1998 and in respect of driving licences, tachographs and logbooks.
    8. In the event of a Client giving notice (known as a transfer notice) to the Company that the Client wishes the Temporary who has been introduced or supplied to the Client by the Company as a Temporary to take up employment with the Client or with any associated user including another agency other than via the Company within 14 weeks from the start of the first assignment or within 8 weeks of the end of the last assignment whichever is the later then the Client may elect by giving notice to the Company either: -
      1. to pay the Company a transfer fee equal to 15% of the remuneration applicable during the first 12 months of the engagement or, if the actual amount of the remuneration is not known, a fee equal to 250 times the current hourly rate chargeable for that Temporary or
      2. to have the Company supply the Temporary to him for a minimum period of 13 weeks on the same terms which applied immediately before the Company received the transfer notice after which the Temporary may take up employment with the Client or any associated user including another agency other than via the Company without further payment from the Client to the Contractor.
    9. The Client shall be liable to pay the transfer fee as set out in 3.7 i) in any event if either: -
      1. the Client does not give transfer notice to the Company or
      2. the Client has given transfer notice to the Company but when doing so neither gave notice that the Client elected to have the Company supply the Temporary to it for a period of 13 weeks nor elected to pay the transfer fee AND
      3. the Temporary has commenced employment with the Client or any associated user including another agency other than via the Company during the period of 8 weeks commencing on the day on which the Temporary last worked for the Client as a Temporary supplied to the Client by the Company or within 14 weeks of the first day of the first Assignment that the Temporary was supplied to the Client by the Company whichever is the later
    10. Any supply by the Company to the Client of a Temporary following the receipt by the Company of the Client’s transfer notice is subject to the Temporary’s continued willingness to be so supplied.
  4. Time sheets
    1. The Temporary shall be paid under the terms of clause 5 as appropriate by the Company immediately upon receipt of a time sheet signed by the Client which shall be deemed conclusive evidence:
      1. that the Client is satisfied with the work carried out by the Temporary;
      2. that the Client agrees to and accepts these Terms; and
      3. that the Client will pay the charges in accordance with clause 5 hereunder in full and without dispute or deduction.
    2. The failure by the Client to sign any time sheet shall not however preclude the Company charging the Client in full for all time actually worked by any Temporary in accordance with these Terms.
    3. The failure to sign the timesheet shall not entitle the Company to withhold payment from the Temporary but it shall mean the \company is entitled to contact the Client and require confirmation in some other way the duration of any work carried out by any Temporary
  5. Fees
    1. The Client shall pay to the Company for the supply of a Temporary the hourly charge in respect of each Temporary as set out in the schedule attached to this Agreement. VAT shall be paid in addition at the prevailing rate where and to the extent applicable.
    2. The Client shall be liable to pay to the Company subject to clause 6 a minimum charge in any event equivalent to 8 hours hire charge notwithstanding that a Temporary may be supplied for a lesser period.
    3. All moneys due hereunder shall be paid by the Client within 14 days of the date of invoice by the Company to Royal Bank of Scotland Commercial Services Ltd ("RBS") of Smith House, PO Box 50, Elmwood Avenue, Feltham, Middlesex. TW13 7QD. Any breach of this clause 5.2 shall entitle the Company to terminate without prior notice each and every Assignment concluded under these Terms between the Company and the Client.
    4. The Company reserves the right to charge the Client interest in respect of any amount outstanding after the period for payment set out in clause 5.2 (both before and after any judgment) from the date of invoice up to and including the day of payment at the rate of 3% per annum above the base rate from time to time of RBS.
    5. The Client shall make payment to the Company unless the Contractor's invoice directs that payment is to be made.
  6. Unsatisfactory Temporary procedure
    1. If the Client, acting reasonably, decides that a Temporary is unsatisfactory to do the work required by the Client (subject at all times to the Client complying with its obligations set out in clauses 3.1 to 3.6) (an ‘Unsuitable Temporary’), then the Client shall notify the Company in writing of that fact giving the full grounds for its dissatisfaction with the Unsuitable Temporary (a ‘Dissatisfaction Notice’)
    2. As soon as possible thereafter and no later than 5 working days of receipt by the Company of a Dissatisfaction Notice, the Company shall either:
      1. provide a suitable replacement for the Unsuitable Temporary, in which case clause 5 shall continue to apply without interruption;
      2. if no such suitable replacement is available, inform the Client in of that fact, in which case clause 5 shall cease to apply in respect of the Unsuitable Temporary with effect from the date on which the Company receives the Dissatisfaction Notice; or
      3. if the Company disagrees with the grounds as set out in the Dissatisfaction Notice, inform the Client, in which case the Assignment shall be terminated.
    3. Pursuant to clause 6.2 above the Company does not guarantee to find a replacement Temporary in that circumstance and shall not be liable for any loss or damage resulting from its failure so to do and pursuant to clause 6 above shall not be liable for any loss or damage arising from the Temporary's absence or cessation of services without the Company's consent.
    4. The Client shall give the Company such co-operation as the Company may reasonably request (including but not limited to the production of relevant documents and the attendance of witnesses) at the Client’s expense in any internal disciplinary proceedings, employment tribunal proceedings or other legal proceedings in relation to any Unsuitable Temporary’s performance or conduct.
  7. Liability and indemnity
    1. Neither the Company nor any of its staff shall be liable to the Client for any loss, injury, damage, expense or delay incurred or suffered by the Client arising directly or indirectly from or in any way connected with the introduction or supply of a Temporary to the Client or with any failure by the Company to introduce or supply a Temporary for all or part of the period booked (save that in the latter case the Client may be entitled to a reduction or cancellation of the charge payable under clause 5 in accordance with clause 6) and, in particular, but without limitation to the foregoing, any such loss, injury, damage, expense or delay arising from or in any way connected with:
      1. failure of the Temporary to meet the requirements of the Client for all or any of the purposes for which he is required by the Client (subject to clause 6);
      2. any act or omission of a Temporary, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise;
      3. any loss, injury, damage, expense or delay incurred or suffered by a Temporary;
      4. any claim by or on behalf of any Individual that there existed during the term of this Agreement a contract of employment between the Client and such Temporary; or
      5. any income tax, National Insurance contributions, interest and/or penalties thereon arising in respect of the Temporary for which the Client may be called upon to account to the Inland Revenue and the disallowance of any VAT charged in respect of the services as allowable input tax for the Client; PROVIDED THAT nothing in this clause 7 shall be construed as purporting to exclude or restrict any liability of the Company to the Client for personal injury or death resulting from negligence (as defined in the Unfair Contract Terms Act 1977) nor any statutory liability or any exclusion or limitation which is prohibited by law.
    2. In consideration of the Company entering into an agreement with the Client into which these Terms are incorporated, the Client hereby undertakes to indemnify the Company in respect of any and all liability of the Company for:
      1. any loss, injury, expense or delay suffered or incurred by a Temporary, howsoever caused;
      2. any loss, injury, damage, expense or delay suffered or incurred by anyone arising directly or indirectly from or in any way connected with the acts and omissions of a Temporary, whether wilful, reckless, fraudulent, negligent, dishonest or otherwise; and
      3. any loss, injury or delay suffered or incurred by the Company as a result of any act or omission of the Client; provided that this indemnity is given only in respect of any such loss, injury, damage, expense or delay caused during or arising directly out of or in any way connected with the relevant Assignment.
    3. The Client acknowledges that the limitations and exclusions of the obligations and liabilities of the Company set out herein are reasonable and reflected in the charges payable to the Company hereunder and shall accept risk and/or insure accordingly.
  8. Miscellaneous
    1. The Company reserves the right to review and to revise these Terms without prior notice. In the event that this Agreement is changed then as soon as practical thereafter the Company shall provide an amended agreement to the Client setting out details of the changes and stating the date when the changes will take effect.
    2. These Terms shall be governed by and construed in accordance with the laws of England and Wales.