Contract Hire Terms and Conditions
1.1 We are letting and You are taking on hire the Vehicle described in the Schedule upon the terms and conditions set up in this Agreement including the Schedule for the Period of Hire and at the Rentals stated.
1.2 You acknowledge that You are taking the Vehicle on hire for the purposes of a business carried out by You.
2.1 Pay to Us the advanced rental as specified in the agreement 72 hours (unless otherwise agreed in writing) prior to the anticipated delivery date. Failure to make this payment within this time frame may result in an aborted delivery fee of £250 + VAT. Should there be further costs incurred surrounding this, We will provide evidence and these will be passed onto to You.
2.2 Pay to Us the monthly rental as per the payment terms details on the invoice. Payments must include the appropriate amount of Value added Tax.
Payment is required by way of an electronic funds transfer directly into Our account. Should You be enrolled in Our Direct Debit offering, We will automatically take payment for the monthly rental without notification.
2.3 Authorise your bankers in the form of a direct debit or standing order instruction provided by Us to pay upon presentation all requests for payment of a direct debit or standing order initiated by Us in respect of any sum due to Us under the Agreement and as specified in the Schedule.
2.4 Pay Additional Rentals to Us equivalent to interest on sums payable under this Agreement which are 14 days or more overdue (including sums due under clause 14.1) at the Bank of England Base Rate as from time to time published plus 5% per annum on a day basis from the due date until the date of payment after as well as before judgement such Additional Rentals to be payable on demand, but without prejudice to any other right or remedy which We may have under this Agreement. In addition, if You fail to pay any Rentals or other sums payable under this Agreement within 28 days of the due date, You shall be deemed to have repudiated this Agreement.
2.5 We shall at Our own expense provide the Vehicle with an appropriate licence. In the event of any increase in the rate of duty over that prevailing at the date of this Agreement in respect of such licence during the Period of Hire You shall pay to Us on demand the amount of such increase.
3.1 Not allow the Vehicle to continue in use when unroadworthy or defective or while failing to comply with any statutory provision.
For the avoidance of doubt, if the Vehicle displays a warning light, You should cease to drive the Vehicle as soon as safety permits and contact the applicable breakdown provider and Leasing Plus during working hours.
3.2 Use the Vehicle only for the purposes of the business carried out by You. Except that You may permit the Vehicle to be used by your employees or any other person authorised by Us for social, domestic and pleasure purposes. Subject to clauses 3.3, 3.4 and 3.5 below and ensure that the Vehicle is used properly and safely, without risk to health.
3.3 Not use or suffer the Vehicle to be used for hire, driving tuition, racing, drifting, speed trials or any other sporting competitions.
3.4 Only permit the Vehicle to be driven by a person qualified to do so and whilst holding all necessary current licences and permits in respect of the Vehicle.
3.5 Not without Our prior written consent take the Vehicle outside Great Britain. In the event of the Vehicle being taken outside Great Britain, You must take out AA/RAC 5 Star Cover (or its equivalent) including cover that to have the Vehicle brought back to Great Britain at the expense of the insurers. Any liability We may have under this Agreement in respect of the Vehicle shall be limited to comparable costs in Great Britain.
3.6 Not transfer or part with possession of the Vehicle without Our prior written consent such consent may be subject to certain conditions.
4.1 Immediately notify Us:
(1) of any defect in the mechanical or bodily condition of the Vehicle rendering it unroadworthy or as a result of which the Vehicle does not comply with any statutory provisions;
(2) of any accident in which the Vehicle sustains material damage;
(3) of any prosecution of You or the driver of the Vehicle in which the condition of the Vehicle or failure to comply with statutory provisions affecting the Vehicle is in question or relating to any accident in which the Vehicle has been involved;
(4) of any prohibition of the use for driving of the Vehicle under any relevant enactment or regulation;
(5) of any matter of which We must be aware in order to perform Our obligations under this Agreement
(6) of any refusal of a test certificate issued after the date of this Agreement;
And where such notification is given verbally or by telephone give written confirmation to Us within 48 hours after the occurrence of the notifiable event.
4.2 Should the Vehicle need paintwork or body repairs. These must be completed by the applicable manufacturer approved repairer. Should You wish to use an alternative repairer, You must request written consent from Us prior to repairs being carried out.
4.3 If the Vehicle shall become liable under statutory enactment to be altered or modified, immediately make the required alterations or modifications at your own expense.
4.4 Not (except as provided in clause 4.3) carry out any alteration or modification to the Vehicle nor alter, except by way of suitable replacement, any part or parts, mechanical or otherwise or any accessories without Our prior written consent.
4.5 Not change the registration mark by which the Vehicle is described in this Agreement without Our prior written consent.
4.6 Permit Us, Our servants or agents to inspect the Vehicle and the mileage recorder at reasonable times and upon reasonable notice and for such purpose to have access to any premises where the Vehicle may be.
4.7 Submit the Vehicle for testing as required by prevailing Road Traffic legislation and ensure that at all times when it is required a test certificate is in force in relation to the Vehicle and otherwise comply with the regulations for plating and testing the Vehicle for the time being in force.
5. VEHICLE MAINTENANCE
5.1 Keep the Vehicle in good repair and condition, fair wear and tear excepted, except where and to the extent that We are liable for repairs or maintenance pursuant to arrangements agreed between us.
5.2 Cause all servicing, repairs and replacements as and when recommended by the manufacturer (including those for which We are responsible) to be carried out at manufacturer approved service stations (where appropriate or reasonably practical) approved by Us at your own expense except where We are liable for the cost of repairs or maintenance pursuant to arrangements agreed between us.
5.3 If You do not return the stamped service history book, We shall be entitled to charge You such reasonable amount (taking into account the make, model and age of the Vehicle) as represents the diminution in value of the Vehicle caused as a result of your failure to return the stamped service history book. If You do not return the security access device (if applicable) or master key, We shall be entitled to charge You the cost of replacement. The Vehicle shall remain on hire and at your risk until it is returned to Us or a replacement is sourced and delivered to Us.
6.1 Insure and keep insured the Vehicle under a fully comprehensive policy against loss or damage to its full replacement value free from limitation or large excess (any excess above the value of £1,000 must be approved by Us in writing) with insurers approved by the ABI (for a full list, please visit ). The policy should bear an endorsement recording Our interest in the Vehicle.
Any insurance money shall be applied as follows at Our option:
(1) in making good the damage; or
(2) in replacing the Vehicle by another similar Vehicle to which the terms of this Agreement shall apply; or
(3) in compensating Us for all loss suffered by Us any surplus being paid to and any deficiency made up by You. In the event of the Vehicle being stolen or declared a “total loss” You shall continue to pay the Rentals to Us until full settlement is received from the insurers, when this Agreement will terminate.
We shall be entitled to require any insurance monies to be payable to Us (and in the meantime shall be held on trust for Us). In the event of Us electing to carry out the repair, restoration or replacement You authorise Us as your agents to collect monies from the insurers. We may, if We wish, negotiate and effect a settlement with the insurers in which case You agree to be bound by such settlement. In the event that We agree any modification or restriction in the insurance cover or if the Vehicle is found not to be insured to its full replacement value or if the insurers for any reason repudiate any claim You shall on demand indemnify Us against all losses, costs, claims, damages and expenses sustained by Us as a result. You shall not do or suffer to be done anything which may make void or voidable any insurance effected under this clause and You shall punctually pay all premiums and in default We may do so and You shall reimburse Us on demand.
7.1 As an obligation surviving termination of the Agreement indemnify Us against:
(1) any claims (including claims by your employees) in respect of loss, injury or damage sustained as a result of use of the Vehicle or as a result of any defect in the Vehicle but subject always to the Unfair Contract Terms Act 1977 and
(2) all fines, congestion charges, emissions zone charges, tolls, fixed penalties and excess charges either payable by Us by virtue of any statute applicable to the use of the Vehicle or which We elect to pay together with any administration and other costs and expenses which We may incur in the event of your failure to discharge these matters. We will charge You an admin fee of £25 + VAT per incident.
8.1 Pay all taxes and impositions in respect of the Vehicle and its hiring excepting only:
(1) those for which We are liable under this Agreement and
(2) any taxes on or assessed by reference to Our profits and
(3) any Value Added Tax which We are able to reclaim from HM Customs and Excise.
In default, We may pay these taxes and impositions and You shall reimburse Us on demand.
8.2 Upon expiry of the Period of Hire We will sell the Vehicle in order to realise its residual value as determined by Us at the same date of the relevant Vehicle Schedule entered into pursuant to this Agreement. If there had been a change in the rate of VAT between Our acquisition and Our sale of the Vehicle then the difference between the amount of VAT calculated on the residual value using the VAT rate that was in existence at the date of the relevant Schedule and the amount of VAT calculated on the residual value using the VAT rate in existence at the date of sale of the Vehicle shall:
(1) where the said change is an increase in the rate of VAT, as an obligation surviving the termination of this Agreement, be paid by ways of an indemnity from You to Us within 14 days of Our notification of the amount of such difference, and
(2) where the said change is a decrease in the rate of VAT, as an obligation surviving the termination of the Agreement, be paid by Us to You within 14 days of Our notification of the amount of such difference.
In the case of either a payment due to Us from You or a payment due from Us to You under this clause Our notification of the amount of such payment shall be conclusive and binding on You.
9. END OF CONTRACT
9.1 Deliver up to Us the Vehicle in a condition consistent with the performance of your obligations under this Agreement at the end or sooner determination of the Period of Hire at such premises as We shall reasonably require together with all keys and ancillaries provided when the Vehicle was originally supplied.
Failure to supply all these items will result in the Vehicle remaining on hire until such time as they are delivered to Us or a replacement is sourced and delivered to Us.
10.1 You are permitted to travel up to the Total Mileage Allowance provided the duration of the contract is served. Should the Vehicle be returned early or the contract terminated for any reason, the mileage allowed will be subject to a pro rata calculation.
10.2 The Total Excess Mileage charge increases by 75% after the first 5% of additional mileage travelled. e.g. If Total Mileage Allowance = 100,000, the first 5000 miles travelled over 100,000 are charged at the Total Excess Mileage charge but thereafter, the Total Excess Mileage charge increased by 75%.
10.3 The Excess mileage charge is payable at the end of the period of hire, or if earlier, upon termination of this agreement or the hiring.
10.4 We will, by way of discount on your next Vehicle contracted through Us offer a Mileage Rebate for every mile not travelled under the Total Mileage Allowance e.g. If Total Mileage Allowance = 100,000 and the Vehicle is returned at the end of the contract with 80,000, if Mileage Rebate = 2.0ppm We will apply a discount of £400.
11.1 Notify Us in writing within seven days of any change of address
11.2 Following a default, pay any expense We incur in locating You together with any charges and costs (including legal costs) incurred in ascertaining the location, taking or recovering possession or, preserving or storing the Vehicle and in collecting any overdue amounts.
11.3 Not mortgage, charge, encumber, pledge, assign, sell, underlet or lend the Vehicle, not allow any lien to arise, nor mortgage, charge, encumber or assign your interest under this Agreement.
12. EXCLUSION OF LIABILITY
12.1 We accept liability for death or personal injury resulting from Our own negligence. However, We shall not be liable to You for any loss or damage arising from or as a result of any defect in the Vehicle or any failure on Our part to carry out any services provided for in this Agreement with reasonable care and skill or any breach by Us of this Agreement. In no circumstances shall We be under any liability to You in respect of any loss of profits or anticipated savings or for any damages or compensation for the loss of use of the Vehicle
12.2 You shall be entitled (so far as We are able to transfer the same) to the benefit of all conditions, warranties, or other terms, expressed or implied, relating to the Vehicle given by the supplier or manufacturer of the Vehicle to Us but the Vehicle is not let by Us with or subject to any conditions, warranty or other terms, express or implied, all of which are excluded as between Us and You save those implied by Section 7 of the Supply of Goods and Services Act 1982 (relating to Our right to transfer possession of the Vehicle and your right to quiet possession of it). Nothing in this clause shall affect the statutory rights of a consumer.
13.1 If at any time one or more of the terms and conditions contained in this Agreement is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, then the same shall be deemed omitted and the validity and/or enforceability of the remaining terms and conditions shall not be affected or impaired in any way
14.1 If You fail to pay any Rental or any other sum within 14 days of the due date or the Vehicle is declared a total loss as described in clause 6.1, or if You fail to keep to any other provision of this Agreement or if a bankruptcy petition is presented against You or in the event of You entering into or attempting to enter into a composition with creditors or going into liquidation (except a voluntary liquidation for the purposes of amalgamation or reconstruction on terms approved in writing by Us), or a receiver (including an administrative receiver) or an administrator being appointed in respect of the whole or part of your assets or undertaking or a meeting whether formal or informal, being called of your creditors, or any of them or if You are unable to pay your debts or if an application for an interim order is made or if steps are taken to levy execution or distress on the Vehicle or your assets of if your income becomes subject to an attachment order or, in the case of a partnership, the partnership is dissolved then We may without notice being given or any other act being done and notwithstanding We may have waived Our rights on some previous occasion, terminate the hiring and/or this Agreement. If We end the hiring or terminate this Agreement or if You repudiate this Agreement and the repudiation is accepted by Us, You must deliver up possession of the Vehicle together with the registration documents and manuals, and in default We may, without notice enter any premises and retake the Vehicle. In addition, You will have to pay to Us the arrears of Rentals and any other sums which have fallen due from You to Us and have not been paid. In addition You will pay to Us a termination sum being the shortfall between the Rentals You have paid and the Rentals You would have paid (applying the same rate of return and other financial factors used by Us in setting up this Agreement) had this Agreement provided for the Period of Hire to expire on the date on which the hiring or this Agreement is terminated or the repudiation is accepted by Us. This termination sum shall be determined by Us and notified to You and in the event that this termination sum and other monies which are outstanding are not paid when required by Us, the termination sum and other sums payable will be recalculated by Us applying the same principles as above but on the assumption that such termination or acceptance of repudiation occurs on the date on which You discharge in full all monies due to Us. The