Terms and Conditions

Basis of the Agreement

We agree to hire the Vehicle to you for the duration specified in the Agreement Schedule.

Making payment 

You must pay any cash deposit to the dealer who supplies the Vehicle to you in advance of this Agreement being made.

It is an important term of this Agreement that you pay us the amounts shown in the Agreement Schedule, in full and on time.

Payments must be made by direct debit (unless we agree to accept payment by another method). If your payment due date falls on a non-UK banking day, the direct debit will be collected on the following UK banking day.

Where a direct debit is returned unpaid, we may re-apply for that payment by direct debit to collect the payment due.

Option to Purchase

Once you have paid all payments due to be paid under this Agreement and have complied with all the terms and conditions of it, then you may purchase the Vehicle on payment of the Option to Purchase Fee, if you wish to do so. The Vehicle will remain our property until you have made all payments due and have paid the Option to Purchase Fee. If you purchase the Vehicle, you must allow us (or anyone acting on our behalf) to remove the immobiliser from the Vehicle.

If you do not wish to take title to the Vehicle, you must return the Vehicle to us at the end of the duration of hire.

Your Obligations in respect of the Vehicle and your use of it 

You must:

Be the registered keeper of the Vehicle and keep the Vehicle in your possession and control at all times.

Subject to the specific requirement at (i) below, keep the Vehicle in good order and repair in accordance with the relevant manufacturer’s recommendations – any loss or damage apart from fair wear and tear is your responsibility.

Comply with all legal requirements from time to time in force in respect of the Vehicle or its use and not use the Vehicle or permit it to be used for any unauthorised or unlawful purpose.

Ensure that the Vehicle always has a valid vehicle excise duty (Road Fund Licence/vehicle tax) or is correctly declared as being off the road (Statutory Off-Road Notice) and that the vehicle is fully insured under a fully comprehensive UK insurance plan. Documents may be requested.

Pay punctually all outgoings payable in respect of the Vehicle and premises where the Vehicle may from time to time be and keep the Vehicle free from any legal process.

Upon request notify us of where the Vehicle is located and permit us or our duly authorised agents at all reasonable times to inspect the Vehicle (and for such purpose enter upon the premises where the Vehicle is located);

Pay all fines and charges incurred by you relating to the Vehicle or its use and compensate us for any cost we incur if we are required to make any of these payments.

Be responsible for and compensate us against the loss of and all damage to the Vehicle howsoever caused and compensate us against any loss, cost, damage, or expense which we incur as a result of your use or possession of the Vehicle.

Ensure the Vehicle is serviced annually and always has a valid MOT certificate.

Provide copies promptly (via upload to our system details of which will be provided to you) of any and all documents we reasonably require throughout this Agreement in relation to the Vehicle, including confirmation of vehicle tax, insurance MOT and vehicle service records.

Let us know, in writing, within seven days of any change of your address or name.

You must not:

Sell or dispose of the Vehicle, use it as security for a debt or let it become subject to any lien.

Use the Vehicle for driving instruction, as a courier vehicle or for rallying, racing or competitive events.

Take the Vehicle out of the UK without our prior written consent; or

Alter or modify the Vehicle without our prior written consent – any alterations or modifications will become our property.

Any deliberate intention to deprive us of the Vehicle or failure to allow full access to the detection of the whereabouts of the Vehicle, is a criminal offence and will be reported to the necessary authorities and could lead to prosecution.

Insurance Total Loss 

You must:

Ensure the Vehicle and keep it continuously insured, from the date on which you take delivery of it, against all risks under a fully comprehensive policy of insurance to its full replacement value and against all risks (including third party risks).

Inform the insurer that we own the Vehicle and if we so require, instruct the insurance company to pay the proceeds of any claim direct to us.

Pay all sums required to keep the insurance in force on time every time (and will produce to us on demand evidence of this).

Promptly inform us if the Vehicle is lost, stolen, damaged to any material degree, destroyed or declared a total loss.
Appoint us as your agent for the purposes of receiving all moneys payable under the insurance policy or negotiating or agreeing the amount payable and settling any claim. If we choose to negotiate any insurance claim, we will accept the best insurance payment that we (acting reasonably) are able to negotiate.

Appoint us as your agent for the purposes of receiving all moneys payable under the insurance policy or negotiating or agreeing the amount payable and settling any claim. If we choose to negotiate any insurance claim, we will accept the best insurance payment that we (acting reasonably) are able to negotiate.

If the Vehicle is lost, stolen or considered a total loss by the insurer then a termination sum, being an amount equal to the unpaid balance of Total Amount Payable, reduced by any rebate to which you may be entitled and less the amount of the Option to Purchase Fee, together with any other sums that have fallen due for payment but remain unpaid (the “Total Loss Sum”), will be payable by you.

We will apply any insurance proceeds received against the Total Loss Sum and you will be responsible for any shortfall if the proceeds are insufficient to pay the Total Loss Sum in full.

Your Right to End This Agreement

You may end this Agreement in accordance with the statutory notice “Termination: Your Rights” set out in the Agreement Schedule. Upon termination of this Agreement by you, 

You must:

Return the Vehicle to us at your own expense to the address specified in the Agreement Schedule (or to such other place as we shall direct, acting reasonably), together with all keys and documents supplied with the vehicle (including the servicing book and the registration book); and pay to us any amount payable in accordance with the Notice.

We will apply any insurance proceeds received against the Total Loss Sum and you will be responsible for any shortfall if the proceeds are insufficient to pay the Total Loss Sum in full.

Early Repayment in full

You can settle this Agreement in full at any time. When we receive your request for a settlement figure, we will provide you with a statement in the required statutory form. When you pay the settlement figure, you will become the owner of the Vehicle.

Early Repayment in part

You can also settle this Agreement in part at any time – some further details about this are provided on the Agreement Schedule. We will then contact you and you may choose to either (i) reduce the amount of the outstanding monthly payments (maintaining the same agreement term) or (ii) reduce the term of the Agreement (maintaining the same amount of the outstanding monthly payments). We will provide you with written notice of the revised monthly payments.

Immobiliser (if applicable)

If you have been informed that your Vehicle will be fitted with an immobiliser, it is a condition of this Agreement that the Vehicle is so fitted, and this section “Immobiliser” will apply to this Agreement. Full details of how the immobiliser functions will have been given to you before you signed this Agreement. Where the immobilisation terms apply, they form part of this Agreement.

If you breach this Agreement and fail to remedy the breach when required (or the breach is not capable of remedy) then, following the issuing of any notice required by law, and your failure to comply with that notice, the Vehicle will be disabled and will not start. Use of the immobiliser to disable the Vehicle is not repossession, under the Consumer Credit Act 1974 (or any legislation which replaces or supersedes it), and we may allow continued use of the Vehicle.

The immobiliser remains our property at all times and, if you decide to exercise the option to purchase under this Agreement, you will not acquire any title or right to the immobiliser fitted to the Vehicle, which we will remove from the Vehicle.

The immobiliser contains a tracking device which allows us to determine the location of the Vehicle. We process this data on the basis that we have a legitimate interest in preventing fraud and to secure the Vehicle – we may also pass this data to those who are acting on our behalf (such as any recovery agent) or to an authority which requests this data.

Our Right to End This Agreement - Effects of Termination

If any of the following events occur:

You default in making any payment due to us in full on its due date.

You are in breach of any of the terms of this Agreement (other than as to the payment of sums due);

We consider (acting reasonably) that the Vehicle may be in jeopardy or that our rights in relation to it are prejudiced.

In our reasonable opinion there has been an attempt to tamper with, disconnect or remove the immobiliser fitted to the Vehicle.

You make any arrangements with any of your creditors, make an application for a voluntary arrangement or you become bankrupt (or are the subject of any similar proceedings in any jurisdiction outside England and Wales).

Where the Vehicle is to be fitted with an immobiliser, you do not make the Vehicle available for installation of the immobiliser within 14 days of the date of this Agreement.

Any other agreement between us and you are terminated as a result of your default; or

You die.

Then, without affecting any of our other rights and remedies, we may, (subject to the service of any notice required by law), terminate this Agreement. If this Agreement is terminated, you shall cease to be in possession of the Vehicle with our consent.

If we terminate this Agreement for one of the reasons set out above, you will (as directed by us) either redeliver the Vehicle to us or make the Vehicle available for collection by us together with all keys and documents supplied with the Vehicle (including the servicing book and the registration book) and you grant us (and our appointed agents) licence to enter upon your premises for the purpose of collecting the Vehicle. You will also on demand make immediate payment to us of:

All payments due under this Agreement, but unpaid at the date of termination; any other sums due under this Agreement at the date of termination; and

an amount equal to the total of all payments due under this Agreement that have not yet fallen due for payment, for the entire remaining Agreement duration, reduced by any rebate to which you may be entitled and less the amount of the Option to Purchase Fee.

If we recover possession of the Vehicle, we will give you credit for the net proceeds of sale of the Vehicle after deduction of all our costs of repossession, storage, repair, insurance and sale. We will endeavour to sell the Vehicle within a reasonable time, for a fair market price.

Liability 

You have selected the Vehicle yourself. For this reason, we do not give you any conditions, representations, or warranties in respect of it, except for those which we cannot exclude by law.

General 

If you, the Customer(s) specified overleaf, are more than one person, then you will be liable for all obligations under this Agreement both individually and together and reference overleaf to “Customer” includes either or both of you.
English law will apply to this Agreement unless you enter into this Agreement in Scotland, in which case Scottish law will apply.

If any provision, or part provision, of this Agreement in unenforceable, void or invalid, that shall not affect the enforceability or validity of any other provision or part of a provision.
We may assign any of our rights under this Agreement without your consent. No such assignment on your part is permitted.