1. Definitions and Interpretation
1.1 In these Terms and Conditions, the following definitions apply:

• "Company" means Millers Recovery, a business based in Preston, Lancashire, providing breakdown, recovery, and maintenance services.

• "Client" means the individual, business, or entity engaging the Company’s Services.

• "Services" means breakdown assistance, vehicle recovery, maintenance, MOT testing, call management, and any other services provided by the Company or its subcontractors.

• "Order" means the Client’s request for Services, accepted by the Company in writing or by commencement of the Services.

• "Charges" means the fees payable for the Services as agreed in the Order or quoted by the Company.
  1.2 These Terms and Conditions apply to all contracts between the Company and the Client to the exclusion of any other terms the Client may seek to impose, unless agreed in writing by an authorised representative of the Company.

2. Basis of Contract
2.1 An Order constitutes an offer by the Client to purchase Services subject to these Terms and Conditions.
2.2 A contract is formed when the Company accepts the Order, either by written confirmation (e.g., email or invoice) or by commencing the Services.
2.3 The Company reserves the right to refuse any Order at its discretion.

3. Provision of Services
3.1 The Company shall provide the Services with reasonable care and skill, in accordance with good industry practice, using its employees or vetted subcontractors as necessary.
3.2 Services include, but are not limited to:

• Emergency breakdown recovery and roadside repairs (with a target of 93% on-the-spot fixes where feasible).

• Maintenance and servicing of commercial vehicles, including specialised equipment (e.g., tail lifts, double-deck trailers).

• MOT testing at Company facilities.

• 24/7 call management and coordination via the Company’s control centre.
  3.3 The Company operates a 24/7 control centre and may use a network of over 1,000 subcontractors to deliver Services nationwide. Response times may vary depending on location and subcontractor availability, with priority given to Lancashire and surrounding areas within a 60-minute reach from Preston.
  3.4 The Company will aim to keep the Client informed of progress, including technician arrival times and repair statuses, where applicable.

4. Client Obligations
4.1 The Client shall provide accurate information regarding the vehicle, location, and nature of the issue when requesting Services.
4.2 The Client shall ensure safe access to the vehicle and any necessary permissions for the Company or its subcontractors to perform the Services.
4.3 The Client agrees to pay the Charges in accordance with Clause 5.

5. Charges and Payment
5.1 Charges for Services will be as quoted in the Order or, if not specified, based on the Company’s standard rates, available upon request.
5.2 Additional costs (e.g., specialist equipment, out-of-hours surcharges) will be communicated to the Client where possible before being incurred.
5.3 Payment is due within 30 days of the invoice date unless otherwise agreed in writing. The Company reserves the right to charge interest on overdue amounts at 8% per annum above the Bank of England base rate, calculated daily.
5.4 All Charges are exclusive of VAT, which will be added where applicable at the prevailing rate.

6. Liability
6.1 The Company does not exclude or limit liability for death or personal injury caused by its negligence, fraud, or any matter it cannot legally limit under UK law.
6.2 Subject to Clause 6.1, the Company’s total liability for any claim arising from the Services (whether in contract, tort, or otherwise) shall be limited to the Charges paid by the Client for the affected Services.
6.3 The Company shall not be liable for:

• Loss of profits, business, revenue, or goodwill.

• Delays caused by events beyond its reasonable control (see Clause 8).

• Issues arising from inaccurate information provided by the Client.
  6.4 Vehicles and goods remain the Client’s responsibility during recovery unless damage is directly caused by the Company’s negligence.

7. Subcontracting
7.1 The Company may subcontract any part of the Services to its network of vetted subcontractors without prior Client consent.
7.2 The Company remains responsible for the performance of subcontracted Services under these Terms and Conditions.

8. Force Majeure
8.1 The Company shall not be liable for delays or failure to perform the Services due to events beyond its reasonable control, including but not limited to severe weather, road closures, or subcontractor unavailability.
8.2 In such cases, the Company will notify the Client and take reasonable steps to mitigate the impact.

9. Termination
9.1 Either party may terminate the contract by written notice if the other:

• Breaches a material term and fails to remedy it within 14 days of notice.

• Becomes insolvent or ceases to trade.
  9.2 The Company may terminate immediately if the Client fails to pay Charges when due.
  9.3 Upon termination, the Client shall pay all outstanding Charges for Services provided up to that point.

10. Confidentiality
10.1 Both parties agree to keep confidential any information disclosed during the provision of Services, except where required by law or with prior written consent.

11. Data Protection
11.1 The Company will process personal data in accordance with the UK GDPR and its Privacy Policy, available upon request. Data may be shared with subcontractors solely to perform the Services.

12. General
12.1 Entire Agreement: These Terms and Conditions, together with the Order, constitute the entire agreement between the parties.
12.2 Variation: No variation to these Terms and Conditions is valid unless agreed in writing by an authorised representative of the Company.
12.3 Severance: If any provision is found invalid, the remaining provisions remain enforceable.
12.4 Third Party Rights: No third party has rights under this contract under the Contracts (Rights of Third Parties) Act 1999.
12.5 Governing Law: This contract is governed by the laws of England and Wales, and disputes shall be subject to the exclusive jurisdiction of the English courts.