MTD Terms and Conditions
About These Terms
- Our role is only to make the platform available for your use and we are not party to any contract between Customers and Suppliers. We are not responsible for the performance of any of the vehicle movements or other services arrangements entered into between the parties using our platform.
Information About Us
- www.motortradedelivery.com, is a website owned by Auto Trader Limited t/a Motor Trade Delivery (“We”, “our”, “MTD”). Auto Trader Limited is registered in England and Wales under company number 03909628 and has its registered office at 5th Floor, 1 Tony Wilson Place, Manchester, Lancashire, M15 4FN. Motor Trade Delivery’s trading address is 1 Tony Wilson Place, Manchester, Lancashire, M15 4FN. Our VAT number is GB 614 8918 20.
Changes To These Terms
- Access to our Website and any services we provide via our Website is permitted on a temporary basis requiring you to hold a current account subscription. We reserve the right to suspend, withdraw or amend the services we provide on our Website without notice.
- From time to time, we may restrict access to some parts of our Website, or our entire Website, to users who have an account registered with us. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
- You are responsible for making all arrangements necessary for you to have access to our Website. The Website is intended for use only by those who can access it from within the UK. If you choose to access the Website from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
- We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted.
- You are solely responsible for evaluating the suitability of any downloads, text or programmes available through this Website.
Intellectual Property Rights
- We are the owner or the licensee of all intellectual property rights in our Website, and in the material we publish on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Redistribution or republication of any part of this Website is prohibited, without our written consent.
- Nothing in these terms grants you any legal rights in the Website other than as necessary to enable you to access the Website. You agree not to adjust, to try to circumvent or delete any notices contained on the Website (including any intellectual property notices.
Content On Our Website
Whenever you make use of a feature that allows you to upload content to our Website, or to contact other users of our Website, you must use our site only for lawful purposes. You may not use our Website:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree not to access without authority, interfere with, damage or disrupt:
- any part of our Website;
- any equipment or network on which our Website is stored;
- any software used in the provision of our Website; or
- any equipment or network or software owned or used by any third party.
- Any content you upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
- We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
- We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Website. Furthermore, we cannot promise that the Website will be fit or suitable for any purpose. Any reliance that you may place on the information on the Website is at your own risk.
- Whenever you make use of a feature that allows you to upload content to our Website, or to contact other users of our Website, you must use our site only for lawful purposes. You may not use our Website:
Disclaimer, Exclusions and Limitations
- We shall not be responsible to you for any communication sent by email which is either received late or not received at all. This includes but is not limited to job acceptance emails, job cancellation emails, job change emails, general business emails.
- To the extent permitted by law we hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise by implied by statute.
- Any liability for any indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, use of or reliance on any content displayed on the Website or results of the use of our Website, any Websites linked to it and any materials posted on it, including without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- business interruption;
- loss of goodwill;
- wasted management or office time; and
- any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
- Our liability to you shall be limited as follows:
- If you are a Customer, our liability in respect of any job listing shall be limited to the listing fee paid or payable in respect of that listing; and
- If you are a Supplier, our liability shall be limited to the aggregate of the subscription fee and winner’s fees paid or payable in the calendar month during which the liability arises.
- The exclusions and limitations under clauses 9.2, 9.3 and 9.4 do not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
- You agree to indemnify us against all losses, expenses, costs or other damage sustained by us as a consequence of your breach of these terms.
Links to and from Third Party Sites
- We do not monitor or review the content of other party’s websites which are linked to or from this Website. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material.
- Please be aware that we are not responsible for the privacy practices, or content, of these websites. We encourage our users to be aware when they leave our website and to read the privacy statements of these websites.
- Only those in a position to form legally binding contracts under English law may register for an account. Registration is not open to individuals. If you are an individual registering an account on behalf of a business, you represent that you have the authority to bind the business to these terms.
- Responsibility for the security of any passwords issued rests with you and you are responsible for all actions taken with your user name and password. You must not disclose your username or password to any third party.
- MTD do not guarantee access to set volumes of job listings per month, nor access for Suppliers to all Customer networks but will endeavour to facilitate access where reasonably possible. Each Supplier acknowledges however that access to a Customer network is subject to the Supplier accepting and adhering to the Customer’s service levels.
- Users of the platform involved or interested in the same transaction may not contact each other prior to a bid ending. All contact information will be emailed once a bid is successful. Once the vehicle has arrived at the arranged destination the Supplier shall indicate that the job is complete on its account to inform the Customer of the delivery.
- The purpose of our Website is to facilitate the movement of vehicles between locations to meet the needs of individuals and organisations within the motor trade and logistics industries, by providing a platform in the market place where they can be introduced and communicate. Customers can contract with Suppliers to conclude transactions which have been facilitated via the Website. Unless otherwise agreed by us in writing, for example, as part of a managed service offered by us to a Customer, we are in no way involved in such transactions.
- We hold no control over the quality, safety, or legal aspects of the transactions that are made through the Website nor do we hold any liability on the transport of any vehicle. It is the responsibility of both the Customers and Suppliers to negotiate the terms of the transaction.
- We are not obliged to assist in any disputes between any Suppliers and Customers. We may, however, at our sole discretion take action (including for breach of contract) against any Customer or Supplier that fails to comply with these terms.
Suppliers - Your Role & Responsibilities
- A Supplier registering for a logistics account agrees and undertakes that:
- it enters into these terms in the course of its business, ensuring its full capacity to meet and carry out its obligations under these terms;
- it understands and agrees to its responsibilities under the applicable laws concerning the protection of personal information, including the Data Protection Act 2018, the Privacy and electronic Communications (EC Directive) Regulations 2003 and 2011 and the General Data Protection Regulations (GDPR), this includes any amendments or updates to existing or future regulations;
- all information and documents provided as part of its registration as a Supplier with MTD are complete and accurate and it will inform MTD of any changes to such information in writing immediately;
- all information it provides in connection with listings on the Website, including any quote, is complete and fully accurate;
- it shall perform any jobs secured via the Website in accordance with the request and any additional reasonable requirements communicated to it in writing or phone by the Customer and/or MTD;
- it shall not rely on any automated emails sent, including but not limited to, job acceptance, job completion, job cancellation emails, but shall use them in conjunction with information in its account;
- it shall read thoroughly and strictly follow any requests or procedural actions noted in the delivery notes section for each job. Failure to do so may result in the delay or non-payment of invoices;
- it shall read, sign and store copies of all relevant Customer service levels and comply with those service levels;
- it shall not subcontract any job in whole or part, or re-list any job on any third party websites or logistics system;
- it shall carry out each 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 comply with all rules, regulations and statutes in relation to goods vehicle operators licensing and tachographs where applicable;
- it shall display trade plates on all vehicles;
- it shall not, nor shall any personnel, smoke in or near to any Customer vehicles;
- 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 terms are fulfilled;
- 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 Customer and/or MTD 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 terms. The Supplier shall provide evidence of such insurances to MTD on request and ensure that these are updated upon each renewal and change to the insurance policies so that at all times MTD holds an up to date copy of such insurances;
- it shall perform each 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;
- it shall, as often as is possible, pick up and deliver vehicles on the dates specified on the job listing;
- it shall not less than 24 hours before each scheduled vehicle pick up speak with a representative of the Customer with sufficient authority to organise the collection of the vehicle, and obtain confirmation that the vehicle will be ready for collection at the scheduled pick up time;
- it shall ensure that it has adequate processes in place for vehicle storage, trade plate storage, and secure vehicle storage to prevent theft or damage when the vehicle is left unattended at any point;
- it shall, for every job, ensure a proof of collection and proof of delivery is issued, signed by relevant personnel and uploaded to each job, using paper, or electronic methods, depending on the Customer’s specific requirements;
- it shall not, use any vehicles for personal use or for driving to other vehicle collections. Mileage will be checked against the job listing mileage, and any excessive additional mileage may result in invoices not being paid;
- it shall notify the Customer and MTD of any accident, damage or breach of provision relating to any job being carried out, immediately upon becoming aware of it. Such notification shall include all the relevant information to enable MTD and the Customer to investigate the matter fully;
- it shall inform MTD if, when undertaking a job, it receives any penalty charge notice, including but not limited to parking fines, congestion charges, tolls or bus lane infringements;
- it shall, where applicable, pay any fine within the statutory time period to avoid penalty escalation or legal action;
- it shall use its best endeavours to support and assist MTD in any claim it brings against the Customer in connection with a job, including providing all requested information and documents;
- it shall send invoices to the correct Customer or MTD dependant on the job type, and within a timely manner, including MTD job listing IDs and vehicle registrations;
- in respect of any “MTD managed moves”, it will claim any refunds in writing by writing to [email protected] within 28 calendar days of the job listing date. These will be shown as a credit on the Supplier’s next monthly invoice and shall not be refunded on an individual direct basis;
- it will make MTD aware of any additional charges that are incurred on an “MTD managed move” outside of the costs agreed on the accepted listing. Any costs not advised prior to delivery will NOT be authorised. For non “MTD managed moves”, it will invoice the Customer directly for any additional charges;
- it shall make MTD aware of any change in its VAT status, i.e. becoming VAT registered, immediately as this is required for self-billing and invoicing purposes;
- it shall not withhold vehicle deliveries for ANY reason. Failure to deliver vehicles or to 'maintain guardianship' of them due to disputes either with MTD or Customers may result in a Supplier’s MTD account being suspended or terminated;
- it shall not allow anyone other than its employees or personnel to access or transport any Customer vehicle in its possession or under its control; and
- it shall not permit any employees or related personnel to be abusive either verbally or physically to any MTD employee or those of any Customers. Any instances of doing so may result in your MTD account being suspended or terminated.
- A Supplier registering for a logistics account agrees and undertakes that:
Customers - Your Role
- A Customer registering for a dealership account agrees and undertakes to both MTD and any Supplier that:
- all information and documents provided as part of its registration as a Customer with MTD is complete and accurate and it will inform MTD of any changes to such information in writing immediately;
- it has full capacity to meet and carry out its obligations under these terms;
- all information it provides when listing and in connection with the job, including within any change or amend requests, is complete and accurate;
- it shall not duplicate jobs or list jobs for quote purposes only and then cancel;
- it will endeavour to make MTD aware immediately of any cancellation/change requests for a job, bearing in mind the MTD office hours are Monday – Friday 9am – 5pm (excluding Bank Holidays);
- it shall pay the Supplier (and MTD, for “MTD managed moves”) the price of the job in full if a job is cancelled less than 24 hours prior to the earliest collection date and time specified on the job listing, or otherwise if a job is not ready by the earliest collection date and time specified on the job listing;
- it shall ensure that each vehicle is ready to collect on the date and at the time specified on the job listing;
- it is not aware of any issues which may affect the ability of a Supplier transporting any vehicle in the manner requested;
- where it requests that a vehicle is to be driven to a specified delivery location (“driven plate move”), each vehicle is fully roadworthy;
- it shall sign a proof of collection/delivery form provided by the Supplier upon collection/delivery of each vehicle;
- within 1 (one) business day of delivery, it shall report any issues with the job;
- where applicable, it shall comply with the terms of access and cancellation as set out in these terms;
- it will regularly check its account activity by logging into its MTD account;
- it shall pay Suppliers (and MTD, for “MTD managed moves”) for jobs properly performed and completed (or aborted);
- it shall deal directly with the Supplier in relation to any damage, accidents or invoicing queries ensuring MTD are kept aware and up-to-date with any relevant information for insurance purposes;
- it shall use its best endeavours to support and assist MTD in any claim it brings against the Supplier in connection with a job, including providing all requested information and documents;
- it shall make its service levels available to Suppliers reasonably in advance of a job listing;
- it understands and accepts that MTD is not liable for any damage to vehicles or cost of repair for any damage caused during collection, transit or delivery (see ‘Our Role’ section); and
- it shall not permit any employees or related personnel to be abusive either verbally or physically to any MTD employee or those of any Suppliers. Any instances of doing so may result in your MTD account being suspended or terminated.
- A Customer registering for a dealership account agrees and undertakes to both MTD and any Supplier that:
- Each Supplier is charged a monthly subscription fee along with a variable winner’s fee for each completed or aborted job secured via the Website. Each Customer is charged a variable listing fee dependant on volumes and contracted rates. Information on the scale of these charges is made available by MTD at the time of each transaction shown on the job listing and may be amended at our absolute discretion. Invoices detailing these charges will be sent via email on a monthly basis and payment shall be made by direct debit by the due date specified on such invoices.
- No subscription fee shall be due from a Supplier during the first month of subscription however once the first month ends, payment of the subscription fee will become due.
- All fees are subject to VAT at the prevailing rate.
- Payment terms for jobs shall be agreed between the Customer and the Supplier. In respect of any listing that is an “MTD managed move”, we shall make payment to the Supplier for jobs that are properly performed and completed on the next payment run taking place after 30 days has passed following receipt of an invoice from the Supplier. Such payment runs take place on the 15th or 30th of the month. The Customer agrees to make payment to MTD in respect of any listing that is an “MTD managed move”, such payment to be made within 14 days of a corresponding invoice.
- We reserve the right to change the payment details at our absolute discretion.
- Accounts. A Supplier may terminate its account at any time by giving 30 days’ notice in writing to MTD. If at the time of giving notice to terminate the Supplier has any pending jobs on its account, notice to terminate shall take effect no earlier than the date that all the Supplier’s jobs have been completed. The Supplier shall not bid for or accept any jobs after giving notice to terminate its account.
- Transactions. After a quote for a job from a Supplier has been accepted by a Customer, an agreement has been made between those parties incorporating the obligations imposed on the Customer and the Supplier under these terms, unless otherwise agreed between the Customer and the Supplier. Neither of these parties may cancel, delay, withdraw nor abort this job unless agreed by both parties in writing. We do not take responsibility once the job is accepted via the Website.
- Where a job is terminated after acceptance of a quote, or is cancelled less than 24 hours prior to the earliest collection date and time specified on the job listing, or otherwise if a job is not ready by the earliest collection date and time specified on the job listing, the full price of the job shall still be charged to the Customer.
- During the course of your account subscription we may disclose to you, or you may otherwise learn of or discover information relating to our business, affairs, processes, customers, clients or suppliers. You hereby agree that any and all of this information is confidential and shall be our sole and exclusive property. Any disclosure of our information to a third party is strictly prohibited. You shall not use our confidential information for any purpose other than to exercise your rights and perform your obligations under or in connection with your account.
Termination or Suspension of Account
- We reserve the right to reject, terminate or suspend your account, or otherwise restrict your access to our Website at any time for any reason and without notice to you.
- If your account is rejected, terminated or suspended, or otherwise restricted you may appeal our decision by submitting a written statement stating the reasons why your account should be approved or reinstated. Your appeal may be reviewed at our discretion and any determination as to your reinstatement will be at our sole discretion. We are not obligated to give you any reasoning as to our decision, which shall be final.
Section 1: General Terms of Website Use
Section 2: Terms Applicable to Account Holders
The terms of this section form the basis of the agreement that you enter into with us, Suppliers (where you subscribe to a platform account as a Customer) and Customers (where you subscribe to a platform account as a Supplier) in order to open a Customer or Supplier account.