1. “#1 The customer” person who calls the control room naming themselves as the legal owner and authoriser of “#2 our services” providing full details only can the vehicle owner authorise recovery breakdown assistance. Unless full authorisation for other person/s is authorised where a note will be applied to the recovery invoice to confirm authorisation from “the customer” A valid photo identification must be provided to evidence you are the legal owner of the said vehicle being recovered. Failure to do so may invalidate the recovery of your vehicle & any deposit paid non-refundable.
  1. “#2 our services” “the customer” is to request/authorise Brand-K to assist in the, recovery/repair/transportation/extraction of “the customer” vehicle from its standing point described in “#3 recovery details”
  1. “#3 Recovery details” What if I “the customer” need to make a call out? If you “The customer” require breakdown assistance in the UK please call 01249 704293 you will need to provide your full name, address, registration number, number of passengers, vehicle transmission, your location, details of your circumstance. Failure to provide full and accurate information may invalidate your recovery & any deposit paid non-refundable or call out fee’s to be paid before a patrol will depart, if the recovery can be carried out additional cost/s will be passed on to you the customer.
  1. transport of any animal is discretionary, and horses and livestock will not be recovered
  1. Routine maintenance, running repairs, the cost of spare parts, fuel, oil, keys, specialist lifting equipment, garage or other labour required to repair your vehicle are excluded, as is the provision of service on private property without the relevant permission.
  1. Service will be refused and may be cancelled if anyone behaves in an abusive or threatening manner, no refund will be provided if paid prior to patrol’s attendance.
  1. What if I need to make a complaint?

We aim to provide you with a high level of service at all times. However, there may be a time when you feel that our service as fallen below the standards you expect. If this is the case and you want to complain, we will do our best to try and resolve the situation.

Phone 01249 704293

Email:- Brand-k_transporting@mail.com

Post:
Customer services
Brand-k transporting ltd
1 Cricklade court
Swindon
SN1 3EY

  1. Definition of words and phrases used in this Policy

Breakdown :- Means and event

  1. Which causes the driver of the relevant vehicle to be unable to start a journey in the vehicle involuntarily bring the vehicle to a halt on a journey because of some malfunction of the vehicle of it to function and.
  2. After which the journey cannot reasonably be commenced or continued in the relevant vehicle provided always that and part or other failure shall be considered to be a breakdown unless it results in the vehicle not working as a whole.

Extraction:- Means an event

  1. Which causes the vehicle to be stuck off road requiring specialist equipment. Specialist equipment is deemed equipment to do such a task to extract a vehicle otherwise that would not be extracted.
  2. A vehicle that is not between the curbs & or requires specialist equipment or additional safety provisions in excess of that of a “#4Straight forward tow”
  3. “#4Sraight forward tow” a vehicle that requires only basic recovery equipment to load & unload without specialist equipment between the curbs & or on road.
  1. Vehicle specifications

Breakdown assistance is only available for cars, vans, motorcycles which meet the specifications set out below.

Please note that “car,van,motorcycles” does not include amongst other things, electric pavement vehicles, electric wheelchairs, bicycles, (including electric bicycles) any vehicle which cannot lawfully be used on a public highway/and non motorised vehicle.

Maximum vehicle weight.:-

3.5 tones (3.500kgs) gross vehicle weight

Maximum vehicle width:-

6ft.

  1. Service description – what is included and what is not:-

Please note that any contact for repair, other than repairs carried out by brand-k or its agent at the roadside under our assistance is between the person requesting the repair and the repairer – it is not brand-k’s responsibility to instruct the repairer to undertake any work required or to pay for it.

Brand-k does not guarantee that any recovery to a relevant local repairer will be within the opening hours of the repairer, or that the repairer will be immediately available to undertake any required repair/s whilst brand-k will endeavour to check that the chosen repairer carries out the type of repair work required, this cannot be guaranteed and brand-k does not provide any assurance or warranty with respect to any work carried out at your request by any third party repairer.

  1. What is not covered:-

The cost of spare parts, oil keys, other materials required to repair your vehicle or any supplier delivery service. Or call out charge related to these items.

The cost of any labour in addition to the loading and unloading of your vehicle.

The cost of any transport or other costs that you might incur or and incidental expences that may arise during a recovery. Brand-k cannot accept any costs for passangers who do not accompany your vehicle at the scene of the breakdown or accident.

Routine maintenance and running repairs e.g radios, interior light bulbs, heated rear windows but not limited to.

Any recovery or towing following an accident (additional costs to you the owner) “extraction”

Assistance following a breakdown or accident attended by the police, highways agency or other emergency service until the service/s have authorised the vehicles removal. If the police or highways agency services insist on recovery by a third party, the cost of this must be met by you.

“You” is the term used to describe the driver & owner of the vehicle being recovered.

General Terms & Conditions General exclusions

1. Brand-k does not provide for:

a.

Any Vehicle servicing or re-assembly

For example, where this is required as a result of neglect or unsuccessful work on the vehicle (including, but not limited to, DIY vehicle maintenance), other than that on the part of the Brand-k or its agents;

b.

Garage labour costs

The cost of garage or other labour required to repair Your Vehicle, other than that provided by brand-k or its agents at the scene of the breakdown or accident;

c.

Fuel draining

Any costs of draining or removing fuel, lubricants or other fluids as a result of the introduction of an inappropriate substance. In the event of the introduction of an inappropriate substance which results in the need to drain or remove fuel, lubricants or other fluids, the only recovery brand-k will make available to you will be to arrange for your vehicle, the driver and up to 3 passengers to be taken to brand-k choice of relevant local repairer or another location of your choice, provided it is no further, but you will have to pay for any work required;

d.

Failure to carry a serviceable spare

Any additional charges resulting from Your failure to carry a legal and serviceable spare wheel or tyre, except where this is not provided as manufacturers’ standard equipment. Brand-k will endeavour to arrange on your behalf, but will not pay for, assistance from a third party;

e.

Having Your Vehicle stored or guarded in Your absence unless authorised by you @ £20 per day;

f.

Vehicles on private property

The provision of service when Your Vehicle is on private property e.g. garage premises, unless You can establish that You have the permission of the owner or occupier;

g.

Excess passengers

The provision of service to or for any persons in excess of the number of seats fitted in the vehicle at the time of breakdown, or to anyone who was not travelling in the relevant vehicle at the time of the breakdown. If there are more people than the maximum allowed, brand-k will seek to arrange, but will not pay for, their onward transportation;

h.

Ferry, toll charges etc

Any ferry, toll or congestion charges incurred in connection with Your Vehicle as a result of it being recovered;

i.

Recovering vehicles from trade or auction

The recovery of any vehicles bearing trade plates or which Brand-k has reason to believe have just been imported or purchased at auction;

j.

Transporting from trade premises

The transportation of immobilised vehicles where brand-k considers this to be part of a commercial activity, for example, to, from or for motor dealers or delivery companies;

k.

Locksmiths, tyre, glass or bodywork specialists costs

The cost (including any call out charge) of any locksmith, glass, or tyre specialist, should the Brand-k this to be required. Brand-k will endeavour to arrange this help on Your behalf, however it will not pay for these specialist services and any contract for services provided will be between You and the relevant specialist. If, in brand-k professional opinion, Your Vehicle requires recovery to such a specialist to be mobilised and, to effect that recovery, specialist lifting equipment not normally carried by brand-k patrols is required, brand-k will arrange the recovery but at Your cost. If use of a locksmith or other specialist would, in brand-k opinion, mobilise the vehicle, no further service will be available for the breakdown in question;

l.

Specialist lifting equipment

The cost of any specialist lifting equipment (not normally carried by brand-k patrols), if this is, in the view of brand-k, required to provide assistance e.g. when a vehicle has left the highway,is standing on soft ground or is stuck in snow or floodwater but not limited to. In these instances, brand-k will arrange recovery but at Your cost. Once the vehicle has been recovered to a suitable location, normal brand-k service will be provided;

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m.

Transporting animals

The transportation or arrangement of the transportation of any animal (guide dogs or hearing dogs will be transported together with their owner, unless this is not possible for health and/or safety reasons). Brand-k will not recover horses or livestock. If brand-k does at its absolute discretion, agree to transport an animal, then this will be at Your own risk. It is Your responsibility to secure any animal being transported or to make alternative arrangements for its transportation;

n.

Participation in sporting events

Assistance for vehicles broken down as a result of taking part in any “Motor Sport Event” including, without limitation, racing, rallying, trials or time-trials or auto test. However, for the avoidance of doubt, brand-k does not consider “Concours d’elegance” events, track test days for road-legal vehicles or rallies held exclusively on open public highways where participants are required to comply with the normal rules of the road, to be Motor Sports Events.

Unsafe, unroadworthy, unlawful,vehicles

i.e. where in brand-k’s opinion, Your Vehicle was, immediately before the relevant breakdown or accident, dangerous, overladen, unroadworthy or otherwise unlawful to use on a public road. This includes where breakdown has been caused by the illegal use of or introduction of unsafe substances, such as agricultural (Red) Diesel.

Without restricting the generality of brand-k’s rights under this provision, please note that for a UK registered vehicle to be used on, or to be recovered with its wheels in contact with the public highway, it must have/display a valid current excise licence (‘tax disc’). Where no current excise licence (tax disc) is displayed, and unless we are reasonably satisfied that the vehicle concerned is exempt from such display, we reserve the right to refuse service where no deposit paid will be refunded to you the customer, or a call out fee will still apply.

Assisting where unsafe or unlawful activities

i.e. where, and other than solely as a result of a failure on the part of brand-k, the giving of service would involve a breach of the law (including, without in any way restricting the type of breach being referred to under this sub-clause, a breach of brand-k health and safety duties)

Unreasonable behaviour

i.e. where brand-k considers that You:

(i)

or anyone accompanying You, or who is receiving or is entitled to receive assistance in connection to you is behaving or has behaved in a threatening or abusive manner to brand-k employees, Patrols or agents, or to any third party contractor; or

(ii)

have falsely represented that You are entitled to services that You are not entitled to; or

(iii)

have assisted another person in accessing brand-k services to which they are not entitled; or

(iv)

owe brand-k money with respect to any services, spare parts or other matters provided by brand-k or by a third party on brand-k instruction,

Additional services

Any additional services made available by brand-k which are not described in these Terms & Conditions are provided on a purely discretionary basis and may be withdrawn at any time.

Emergency nature of breakdown service

Brand-k Patrols are trained and equipped to carry out emergency roadside repairs and are not in a position to comment on the general safety or roadworthiness of a vehicle after a breakdown or an emergency repair. In addition, completion of an emergency repair cannot be taken to signify or in any way guarantee the general roadworthiness of the vehicle concerned

Exclusion of liability for loss of profit etc

Brand-k shall not, in any event, and to the extent permitted by law, have any responsibility for

(a) any increased costs or expenses; or

(b) any loss of:

(i) profit; or

(ii) business; or

(iii) contracts; or

(iv) revenue; or

(v) anticipated savings; or

(c) for any special or indirect losses incurred as a result of or in connection with any service, whether resulting from tort (including negligence or breach of statutory duty), from breach of contract or otherwise. For the avoidance of doubt, nothing in this clause or these Terms & Conditions shall exclude or restrict brand-k liability for negligence resulting in death or personal injury

Enforcement of Terms & Conditions

Failure to enforce or non-reliance on any of these Terms & Conditions by brand-k will not prevent Brand-k from subsequently relying on or enforcing them. None of the Terms & Conditions, or benefits, brand-k Breakdown Cover are enforceable by anyone else other than the Member. For the avoidance of doubt, and without limiting the above, any rights under The Contract (Rights of Third Parties) Act 1999, or any replacement or amendment of such act, are excluded.

Use of headings

The headings used in this Policy are for convenience only and shall not affect the interpretation of its contents.

Interpretation: use of English law & language

Brand-k you and these Terms & Conditions are governed and should be interpreted by the laws of England and Wales. The EEA State, for the purpose of Membership, is the United Kingdom. The Terms & Conditions are written in English and all correspondence entered into shall be in English.

Child seats, minors, seatbelts.

It is the responsibility of the parent or guardian of minors to ensure they have satisfactorily secured a child seat provided by themselves as brand-k do not provide such an item. Brand-k will not be liable for instructing minors safety this is that of the minors parents or guardian. Seatbelts & high viz top should be worn by all customers at all time as a matter of safety.