and Conditions Hire Agreement REF – 0211
We agree to let and you agree to take on hire the Vehicle described
in the Schedule, on the terms and conditions set out in this
Agreement, for the Term and any Extended Term until terminated as
provided for below.
You acknowledge that the Vehicle is being taken on hire for business
purposes carried on by you and you acknowledge that you have selected
the Vehicle in reliance on your own skill and judgment.
The Term shall commence on the date that the Vehicle is delivered to
you or, if earlier, the date you are notified that the Vehicle is
available for delivery but have not arranged to accept delivery
whether or not prior to the date of this Agreement.
During the Term and any Extended Term, we shall accept the cost of,
and arrange for payment of the Road Fund License.
Subject to none of the following events having occurred between the
date we sign this Agreement and the date we receive it back,
correctly signed by you, then we will agree to be bound by it:
The Vehicle ceasing to be available; or
The price at which we can buy the Vehicle has increased by 3% or
Bank of England base rate has increased by 2% or more.
of Rentals and Charges
You shall pay to us:
the Rentals and any Advance Rental at the times specified in the
Schedule by direct debit together with any other sums due under this
interest on any unpaid sum at the rate of 5 per cent per annum above
Finance House Base Rate as published from time to time from the due
date until such time as we have received full payment
reasonable administration costs and expenses (including legal
expenses) that we incur as a result of your failure to comply with
any term of this Agreement
VAT on all Rentals and any other sums due under this Agreement upon
which VAT is chargeable at the applicable rate
the amount of any increase in Road Fund License arising during the
Term or any Extended Term.
You must pay all fixed penalty charges, fines, congestion charges or
any other penalties in connection with the Vehicle or its use. If we
pay or transfer liability to you for any of these sums on your behalf
you will repay us upon demand any sums so paid and an administration
You must obtain our permission before replacing the registration
number of the Vehicle with a cherished/personalised plate and pay any
associated DVLA fee and our administration fee.
If our collection agent attends to collect the Vehicle and for any
reason the Vehicle is not available for collection at the time and
place agreed or is unroadworthy, we may charge you an abortive
In the event that the Vehicle exceeds the Annual Mileage Allowance
stated in the Schedule you shall pay to us the Excess Mileage Charge
in the amount stated in respect of each mile travelled in excess of
the Annual Mileage Allowance during each year and so in proportion
for any less period than a year. Such Excess Mileage Charge shall be
payable at the end of the Term or, if earlier, upon termination of
this Agreement or the hiring.
Prompt payment is of the essence of this Agreement and you will bear
the risk of payments sent by post. All payments shall be made to
nobody but us or our appointed representatives.
We may terminate the Extended Term or any of the Optional Services
immediately for mechanical failure, uneconomic repair or service of
the Vehicle or due to the level of Optional Services spend at our
sole discretion. On or after the expiry of the Term, the hiring may
be terminated by either party giving to the other not less than seven
days notice in writing.
Upon termination of the Extended Term you will no longer have
possession of the Vehicle with our permission and you must
immediately arrange for the Vehicle to be available for our
collection in accordance with paragraph 10.
of Rentals and other payments
We may vary the Rentals by giving you 14 days notice in the event of
a change in rates of VAT occurring during the Term, in which event we
shall increase the amount of Rentals payable but not then due by such
an amount as is in our opinion necessary to recompense us for the
extra expense occasioned by that increase in letting the Vehicle to
If at any time during the Term or any Extended Term, there is an
increase in the cost of the Road Fund License or any additional cost
of providing the Vehicle arising from legislative changes then we
reserve the right to require you to pay us immediately an amount
equal to such increase or additional cost.
of Liability and Indemnity
We accept liability for death or personal injury resulting from our
direct 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. Nothing in this condition excludes or limits our liability
for fraud or fraudulent misrepresentation.
You shall be entitled (so far as we are able to transfer the same) to
the benefit of all conditions, warranties, or other terms, express or
implied, relating to the Vehicle given by the supplier or
manufacturer of the Vehicle to us but the Vehicle is not let 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).
You shall indemnify us against 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.
We shall not be liable for any loss arising from a failure by you to
have a valid used vehicle warranty.
for the Vehicle and Insurance: Your Obligations
You must insure and keep insured the Vehicle under a fully
comprehensive insurance policy against loss or damage to the full
retail replacement value of the Vehicle free from limitation or
excess (unless such excess is approved by us).
You must insure the Vehicle from the Commencement Date until such
time as it is collected on our behalf following termination of the
Term or any Extended Term. Risk in the Vehicle will pass to you upon
delivery and remain with you until the Vehicle is returned to us
following such termination. You are not permitted to drive the
vehicle without valid insurance.
You must notify your insurer that we own the Vehicle and ensure that
your insurer makes a note of our interest on the policy and provide
evidence to us of the insurance policy. You must notify us
immediately in writing if the Vehicle is damaged and the total cost
of repairs exceeds £500 (excluding VAT) or the Vehicle is a total
You shall not do or allow to be done anything which may make void or
voidable any policy of insurance for the Vehicle.
We shall be entitled to collect any insurance monies from your
insurers in the event of our electing to carry out the repair to or
replacement of the Vehicle and where necessary we may negotiate and
effect a settlement with the insurers which will be binding on you.
In the event of the Vehicle being stolen or declared a total loss you
shall continue to pay Rentals until the full retail replacement value
of the vehicle is received and upon receipt this Agreement will
terminate and any further sums due under paragraph 13 shall also be
Maintenance and Repair: Your Obligations
You shall until the Vehicle is returned to us under paragraph 10,
subject to any of our obligations where you have selected the
Optional Service under paragraph 9:
take reasonable care of the Vehicle and keep the Vehicle in good and
substantial repair and condition at all times and provide all
necessary fluids and lubricants.
keep the Vehicle properly serviced in accordance with the
manufacturers recommended service schedule by an agent approved by us
making good all damage to the Vehicle whether or not such damage is
Without affecting your general obligations under paragraph 7.1, you
shall ensure that:
all tyres and glass are checked regularly and that they are kept in
good condition and meet legal requirements;
the Vehicle is submitted for an MOT when required by law and forward
the MOT certificate or advise of any failure immediately to the
Fleet Administration Department, First European Finance (Scotland )
Limited, RFL House, Anderson Street, Dunblane, FK15 9AJ
accurate service records are maintained at all times and that the
approved servicing and repair agent completes and stamps the
Vehicle’s service record after each service;
the Vehicle complies with any recall notice issued by the
manufacturer and at your own expense, immediately arrange for such
alterations or modifications to the Vehicle as may be required by any
law or regulation which comes into effect at any time after the
delivery of the Vehicle.
of the Vehicle: Your Obligations
The Vehicle may only be used in connection with your business or the
social, domestic and pleasure purposes of any employee or agent duly
authorised by you to drive the Vehicle and may only be driven by a
You must not use the Vehicle for:
any purpose which is illegal, when unsafe or unfit to drive;
racing, rallying, pace-making, off-road activity, pursuit or similar
driving tuition, as a taxi or for chauffeur services, hiring or for
hire and reward or as a courtesy car;
public service, armed forces or police or as airport plant or for a
purpose for which the Vehicle is not designed.
You must allow us and/or our agents to inspect the Vehicle on
Prior to returning the Vehicle you must replace the registration
number complying with all necessary procedures and regulations
relating to the proper removal and replacement of any
cherished/personalized registration number. If a Vehicle is returned
with a cherished/personalized registration number we will be entitled
to sell the Vehicle and we will not be liable to reimburse you for
any additional sale proceeds received by us as a result.
You must not sell, assign, sub-hire, charge, or otherwise dispose of
or part with possession of the Vehicle.
You may take the Vehicle outside the United Kingdom with our prior
consent and must continue to comply with your insurance obligations
in paragraph 6 and ensure that full mechanical breakdown and accident
cover is in place. You will be responsible for the cost of returning
the Vehicle to the United Kingdom.
You must not alter or modify the Vehicle in any way without our
previous written consent, unless such alteration or modification is
required by law. You may, however, without the necessity of obtaining
such consent fix easily removable stickers to the windows and/or
bodywork, fit an easily removable roof rack, fit towing equipment
provided it is in accordance with any recommendations and
specifications of the manufacturer of the Vehicle and (if different)
the manufacturer of the towing equipment and fit a car telephone and
“hands free” equipment provided such equipment is legal and
the fitting does not damage any part of the Vehicle.
You must remove any and all such items referred to in paragraph 8.7
above prior to the return of the Vehicle to us and you will be
responsible for the cost of making good any damage caused as a result
of such removal. You will have no claim against us in respect of any
such items not so removed. You must reactivate any safety related
equipment that may have been deactivated during the Term or any
Extended Term (with or without our prior written consent).
We may request you to supply details of the recorded mileage from
time to time. You must inform us in writing of the recorded mileage
and the date when such recorded mileage was read from the odometer
within 5 days of our request.
If, for any reason, the odometer fails to work properly at any time
during the Term or any Extended Term, you must advise us immediately
of such failure and the recorded mileage at that date, arrange for
the immediate repair or replacement of the odometer and advise us
immediately when the odometer has been repaired or replaced. In the
event of an odometer failure, the unrecorded mileage will be
calculated on a pro-rata basis.
The following Optional Services will be stated in the Schedule and if
you have selected the Optional Service then the following Optional
Service will be provided when the Vehicle is in the United Kingdom.
If any servicing, maintenance or repair is necessary when the Vehicle
is outside the United Kingdom, we will consider reimbursing all or
part of the cost of such necessary work which has been carried out
outside the United Kingdom upon receipt of a satisfactory repairer’s
original invoice, paid by you which must include a full description
of the work. Upon agreement of the value of the work you shall submit
your headed invoice for the equivalent sterling amount showing full
UK VAT at the prevailing rate. Costs will be reimbursed according to
our existing supplier rates and discounts.
Optional Repair and Maintenance Service
Where the Schedule indicates that Optional Repair and Maintenance
Service has been selected we can provide for the cost of servicing in
line with manufacturer’s guidelines and the cost of maintenance and
repair arising from fair wear and tear. We must give our specific
authority before any service, maintenance or repair work is carried
out. All servicing must be undertaken by an agent authorised by us.
We will not accept the cost of repair and maintenance that results,
whether directly or indirectly from:
any non-standard accessories or other equipment fitted to the Vehicle
at any time, any accident or impact whether caused by another vehicle
or otherwise, negligence, misuse, vandalism or theft of the Vehicle;
frost damage, fuel contamination, damage to the windscreen or other
window glass, light lenses or light bulbs; and/or
failure to comply with any of your obligations under this Agreement,
for example, if the Vehicle is not regularly presented for servicing
and/or maintenance in accordance with the manufacturer’s
adding or removing artwork or lettering, washing, valeting or waxing,
oils or fluids outside of normal servicing
We will accept the cost of repair or replacement of any tyre on the
Vehicle which becomes unusable by reason of fair wear and tear and
accidental damage. We reserve the right to replace with any tyre made
by a different manufacturer but with an equivalent speed rating and
specification. Where the reason for such replacement or repair of any
tyre arises other than by reason of fair wear and tear and accidental
damage i.e. theft, vandalism or misuse you will reimburse us for a
sum proportional to the remaining unused tread depth of the tyre.
We must give our specific authority before any replacement tyre is
supplied and fitted or a puncture is repaired. Replacement tyres must
be obtained from, and punctures must be repaired by, an agent
authorised by us. We reserve the right not to pay for tyres sourced
outside our recommended authorised agents.
We will accept the cost of any MOT or similar test to the Vehicle
which is required by law where Optional Repair and Maintenance
Service has been selected as an Optional Service.
In respect of used Vehicles the Optional Service under paragraph 9.3
shall be restricted to routine servicing in accordance with
manufacturers recommendations for the first eight weeks of each
Where the Schedule indicates that a relief vehicle is included as
part of the Optional Services, we shall arrange at our own cost for
the supply of a relief vehicle in accordance with the entitlement
indicated in the Schedule. Any vehicle provided under this Optional
Service may be of similar size to the original Vehicle. The relief
vehicle size is capped at a 2.5 litre auto car or long wheel base
panel van for commercial vehicles dependant on the original Vehicle
A relief vehicle must be returned or (at our option) made available
for collection upon the earliest to occur of the following:
the expiry of 28 days from the date when the relief vehicle was first
made available; or
the date when you are notified that the Vehicle is available for your
collection either following its repair or following its recovery
where previously stolen; or
the date when your insurer declares that the Vehicle is a write-off;
the date when we notify you that we consider the Vehicle is not
capable of economical repair; or
the expiration or prior termination of the Term or any Extended Term.
the event that a relief vehicle is not returned or (at our option)
made available for collection in accordance with this paragraph, you
will be responsible for payment of all hire charges incurred after
the due date for return or collection, which will be payable
immediately upon demand.
Where a relief vehicle has been supplied following accident damage
you shall seek to recover from your insurer or (where applicable) the
party or parties responsible for the accident damage, the costs we
incur in providing a relief vehicle and remit the recovered costs to
us. At our option, you will subrogate to us all your rights in
relation to the recovery of the costs of supply of the relief vehicle
from your insurer or any such third party.
Each relief vehicle will be supplied by a third party car hire
company. You must comply in all respects with such car hire company’s
requirements relating to the relief vehicle, including its insurance,
maintenance, use, care and safekeeping. The car hire company will be
responsible for all necessary maintenance required in relation to the
relief vehicle (in accordance with the terms upon which the relief
vehicle is supplied).
You must not take a relief vehicle outside the United Kingdom without
the previous written consent of the car hire company. If you do not
use the hire company’s insurance scheme then you are responsible
for arranging comprehensive insurance of the relief vehicle. You are
responsible for off hiring the relief vehicle. You may be liable for
additional charges such as excess mileage, refueling charges,
delivery and collection charges and airport surcharges.
Excess Mileage Maintenance Charge Where Optional Repair and
Maintenance Service has been selected if the Annual Mileage Allowance
is exceeded you will pay to us the Excess Mileage Maintenance Charge
in the amount stated in the Schedule in respect of each mile
travelled in excess of the Annual Mileage Allowance during each year
and so in proportion for any less period than a year. Such Excess
Mileage Maintenance Charge is payable at the end of the Term or, if
earlier, upon termination of this Agreement or the hiring howsoever
arising together with any VAT at the then current rate.
Inspection and Condition of a Vehicle
Upon the expiration or on the termination of the Term or any Extended
Term of the Schedule you must notify us when and where the Vehicle
will be available for collection. Our collection agent will use its
best endeavors to collect the Vehicle no later than the 3rd working
day following the date on which we receive your notification that the
Vehicle is available for collection.
If our collection agent attends to collect the Vehicle and for any
reason the Vehicle is not available for collection at the time and
place agreed Rentals will continue to be payable until the day prior
to the date of agreed collection of the Vehicle by our collection
agent and the Vehicle will remain at your risk until collection.
If, when our collection agent attends to collect the Vehicle, it is
in their opinion and for any reason unroadworthy, we may charge you
an abortive collection fee. We may also charge you any costs that we
incur in collecting the Vehicle. You must advise us in writing of any
failure by our collection agent to collect the Vehicle at the agreed
time. We reserve the right to continue to charge Rentals in the event
of any such failure.
The Vehicle must be returned with the Road Fund License and if it is
not then we reserve the right to recharge you for the value of the
refund that would have been obtained for the unexpired Road Fund
License. Any Road Fund License received by you after the Vehicle has
been returned must be sent to us forthwith.
When we collect or otherwise take possession of the Vehicle it must
be in a safe condition and in good and substantial repair (Fair Wear
and Tear excepted, having regard only to its age and mileage).The
Vehicle will be inspected by our collection agent at the time of
collection. A Vehicle Collection Inspection Report will be completed
by our collection agent on our behalf and you will be required to
agree and sign the Vehicle Collection Inspection Report. It is your
responsibility to ensure that no personal effects are left in the
Vehicle at the time of its collection.
Immediately upon our demand, you will pay to us a sum which equals:
the costs of repair or replacement of any part or parts or
accessories where such repair or replacement is required as a result
of any loss or damage to the Vehicle which in our opinion is in
excess of Fair Wear and Tear, having regard only to the age and
mileage of the Vehicle. We will only make a demand for payment where
such costs exceed £150.00 (excluding VAT) or such other amount as we
may from time to time notify to you in writing. Where the costs do
exceed this amount, your obligations will be to pay the full costs
(and not just the excess). If we decide for any reason not to
undertake any such repair or replacement, we shall be entitled to
claim from you, as damages for failure to keep the Vehicle in good
repair and condition, a sum equivalent to the estimated cost of such
repair or replacement. Such claim shall be in addition to any other
right which we may have against you for any breach by you of any of
your obligations to us; and
where the Vehicle is not returned with a properly completed and
stamped service book, or serviced by a non-approved agent the amount
by which we reasonably consider the value of the Vehicle to have been
adversely affected as a result of the lack of evidence that the
Vehicle has been serviced in accordance with the manufacturer’s
recommendations or an agent approved by us.
where the vehicle has been modified, painted or sign-written without
our written permission at the start of the Agreement the full cost of
rectification will be payable by you.
Upon expiry of the Term we will sell the Vehicle in order to realise
its residual value as determined by us at the date of the relevant
Schedule entered into pursuant to this Agreement. If there had been a
change in the rate of VAT between our acquisition and 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:
where the said change is an increase in the rate of VAT, and as an
obligation surviving the termination of this Agreement, be paid by
way of an indemnity from you to us within 14 days of notification of
the amount of such difference; and
where the said change is a decrease in the rate of VAT, and as an
obligation surviving the termination of the Agreement, be paid by us
to you within 14 days of 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 notification of the
amount of such payment shall be conclusive and binding.
If any one or more of the following occurs:
you do not punctually pay any Rental or other sum owing to us under
this Agreement or any other agreement we may have with you; or
you are in breach of any of the other terms of this Agreement or any
other agreement we may have with you, and where such breach is
capable of being remedied, it has not been remedied to our
satisfaction within a period of 14 days from the date of our written
notice to you advising of such breach; or
where you are a company, any company within your group is in breach
of any agreement it may have with us or any company within our group;
you have given us any material information, in connection with this
Agreement or any other agreement we may have with you, which we have
reasonable grounds to believe is false or misleading; or
you are unable to pay your debts as defined in Section 123 of the
Insolvency Act 1986, or you propose any voluntary arrangement with or
call a meeting of your creditors or you make a deed of assignment or
arrangement in favour of, or you compound with or sign a trust deed
for or on behalf of your creditors or you apply for an interim order
or petition for a bankruptcy order or suffer the levy against you of
any distress or execution; or
where you are a company, a petition for the winding-up or the
winding-up of any company within your Group is presented or any
resolution is proposed for such winding-up, or a receiver or
administrative receiver is appointed over any of your assets or the
assets of any company within your Group; or
you fail to make payment under any loan or other credit facility that
you may have from time to time which failure enables any creditor or
other financier to make demand for immediate repayment of all sums
outstanding under such facility; or
where you are a company, there is any change or proposed change in
your control (“control” having the meaning given in Section
840 of the Income and Corporation Taxes Act 1988); or
you shall cease to trade or threaten to cease to trade; or
any guarantee which may be required by us from time to time in
connection with the provision of this Agreement is for any reason not
provided or withdrawn; or
we have reasonable grounds for believing that our interest in any
Vehicle is at risk; or
the Vehicle is declared a total loss. We shall be entitled to
terminate the Agreement. We may terminate by written notice to you or
by the act of retaking possession of a Vehicle. Any such termination
shall not affect any other rights which we may have.
If you have shown that you no longer consider that you are bound by
the terms of this Agreement either by your failure to make payment of
any Rental or other sum when it has fallen due, or by your breach of
any other term of this Agreement, we may accept that and such
acceptance will bring this Agreement to an end.
If any steps are taken either for the presentation of a petition for
an Administration Order or the appointment of an Administrator by a
floating charge holder this Agreement shall terminate automatically.
liability following termination/repudiation
You must immediately pay to us following the Agreement being
terminated or ended under paragraph 12:
all Rentals and other sums which have fallen due but are unpaid as at
the date of termination or ending of the Agreement under paragraph
damages for any loss we suffer as a result of any breach of your
by way of agreed liquidated damages and in addition to any arrears of
Rentals, a sum equal to the Rentals which but for the termination
would have become payable during the remainder of the Term discounted
at the rate of 5% per annum from the date the Agreement terminated or
ended to the dates on which the relevant Rentals would otherwise have
fallen due; and
any reasonable administration costs and expenses incurred by us as a
result of your breach in accordance with paragraph 2.1.3.
any indebtedness which is due from you to us under any other
Agreement made between you and us shall not be paid when due or if
you shall be or become in default under any such Agreement other than
by reason of a failure to pay any sums when due thereunder, then we
may after due notice terminate this Agreement and thereupon this
Agreement and the hiring thereby constituted shall determine and you
shall no longer be in possession of the Vehicle with our consent and
we may exercise our right to take possession of the Vehicle and to
recover from you all recoverable losses.
to any legal right you may have, we may appropriate any payment which
you make to us towards satisfaction of sums due under such accounts
you have with us and in such proportions as we think fit.
will provide any guarantee and indemnity that we may require.
of your Information
notice applies to all applicants and (if application is made by a
limited company or partnership/unincorporated association) directors
and partners. We’ll check your details with credit reference/fraud
prevention agencies (“the Agencies”) and they’ll record our
check. We will provide them with current and previous names,
addresses and dates of birth of all parties, so if you are providing
information about others, on a joint application, you must be sure
that you have their agreement. They will provide us with public
information about you and any third party financially linked to you
such as county court judgments (CCJ’s) and bankruptcies, electoral
register and fraud prevention information on you and your known
financial associates, current and previous names, addresses and dates
of birth. If false or inaccurate information is provided and fraud is
identified, details will be passed to fraud prevention agencies. Law
enforcement agencies may access and use this information. You hereby
confirm your authority to disclose information about you and any
third party so linked to you. Searches we make of the Agencies will
leave a search footprint both in our records and on your credit file
at the Agencies we search, whether or not this application proceeds.
If the search was for a credit application, the record of that search
(but not the name of the organisation that carried it out) may be
seen by other organisations when you apply for credit in the future.
If you made a joint application, they will link together the records
of joint applicants (financial associates). They will also link all
your previous and subsequent names and addresses. Links between
financial associates will remain on your and their files until such
time as you or your associate successfully files for a disassociation
with the credit reference agencies. Information provided may be
supplied to other organisations and used by them and us to assess you
and your household for: credit and credit related services; motor,
household, credit, life and other insurance proposals and claims;
debt tracing and recovery; checking details of job applicants and
employees, prevention of fraud and money laundering; managing your
accounts; statistical analysis about credit, insurance and fraud; and
market research and to verify your identity if you or your financial
associate apply(ies) for other facilities, including all types of
insurance applications and claims. We and other organizations may
access and use from other countries the information recorded by fraud
prevention agencies. Information about you may also be used for other
purposes for which you have given specific information, or, in very
circumstances, when required by law or where permitted under the
terms of the Data Protection Act 1998.
may disclose your information to other subsidiaries or associates of
First European Finance (Scotland) Limited. Credit scoring techniques
will be used to assess your application. Please write to us at RFL
House, Anderson Street, Dunblane, FK15 9AJ if you want a copy of the
information we hold about you or phone us on 0870 516 8283 for
details of the Agencies we use.
European Finance (Scotland) Limited trading as vanleasingquotes.com,
RFL House, Anderson Street, Dunblane, FK15 9AJ. Phone: 0870 516 8283
Fax: 0870 516 8284
We may at any time at our discretion, on a permanent basis, replace
or substitute the Vehicle for another motor vehicle whereupon the
provisions of this Agreement shall apply to such other motor vehicle
as though it were the Vehicle under this Agreement.
We shall not be liable for any delay in delivery of the Vehicle or
any accessories outside our control but we will take all reasonable
steps we can to arrange for delivery to take place on the estimated
delivery date or contact you to agree an alternative date.
You have 7 days from delivery to examine the Vehicle and write to us
if you feel that the Vehicle is not of satisfactory condition. Unless
you do you will be deemed to have acknowledged that the Vehicle is
free from defects and damage which such an examination would reveal
and in accordance with your order.
Change of Address
must inform us immediately in writing if you move address or change
your name, giving us details of your new address and name.
Transfer of Rights
You may not transfer your rights under this Agreement to any other
We may transfer any of our rights and/or responsibilities under this
Agreement to any other person at any time. Any such transfer will not
affect your rights or responsibilities under the Agreement.
may decide, from time to time, not to enforce some or all of our
rights. If we do this, we will not be prevented from subsequently
enforcing those or other rights.
Application of Payments
may apply any payment you make to us under this Agreement or any
other agreement we may have with you to this Agreement and any
Schedule or to any other such agreement in whatever proportion we may
Rights of Third Parties
Agreement does not create any rights in favour of any person who is
not a party to this Agreement. The Contracts (Rights of Third
Parties) Act 1999 shall not apply.
parties agree that the terms of this Agreement and any other written
agreement signed by both parties and expressed to be supplemental to
this Agreement represent the whole of the agreement between the
parties in respect of the hire of the Vehicle. If for any reason you
have placed an order for a Vehicle on terms other than those set out
in this Agreement, then the acceptance of such an order by us shall
not constitute acceptance of an offer on your terms or a variation of
the terms of this Agreement. Any such order shall be accepted by us
only on the terms set out in this Agreement.
shall be entitled to suspend or cancel our obligations under this
Agreement if we shall be prevented and/or hindered from fulfilling
our obligations by strikes, lock-outs, fire or failure by any
manufacturer or supplier to supply a Vehicle or the theft of a
Vehicle, or any other event outside our control.
we have indicated otherwise in this Agreement, any notice or other
written communication to be given by either party to the other may be
delivered by hand, sent by first-class post or by facsimile
transmission to the address and/or telephone facsimile number as such
party may from time to time have notified to the other party. In
proving service, it shall be sufficient to show a receipt, that the
letter containing the notice was properly addressed, stamped and
posted by first-class mail, or, in the case of a facsimile
transmission, that the sender’s facsimile machine has produced a
report confirming that the notice has been successfully transmitted.
Choice of Law and Jurisdiction
Agreement shall be subject to English
law. Legal proceedings may be taken in the English Courts.
This will not prevent us from exercising such remedies as we may have
under Scottish law and in the Scottish Courts. If it becomes
necessary to issue legal proceedings, you agree that we may issue the
proceedings out of any County Court of our choice.
provide you with access to electronic tools such as reporting systems
and you acknowledge that such use is on a non exclusive non
transferable license only and that any copyright or other
intellectual property rights of whatsoever nature that subsist or may
subsist in such software or programmes are and shall remain our
Where passwords are provided by us to enable access these shall be
provided to employees or your authorised users and you shall not
permit any other person to use such passwords. Upon termination of
this Agreement all permissions to use such electronic tools will
In addition the parties hereby agree that any of the procedures
outlined in the terms and conditions of this Agreement can be
effected by the use of electronic media including but not limited to
electronic signatures and the use of such media will not invalidate
any of such terms and conditions.
Paragraph headings are for ease of reference only.
Words importing the plural shall include the singular and vice versa.
References to any statute or statutory provision include any statute
or statutory provision which amends, extends, consolidates or
replaces the same and any regulations or other subordinate
legislation under that statute.
References to this Agreement or any other document shall be
interpreted as references to this Agreement or that document as may
be amended, supplemented, novated or substituted from time to time.
Any amendment to this Agreement, or any purported variation to its
terms shall only be effective if in writing and signed by both
The hiring of any Vehicle shall be on the terms of this Agreement and
as may be varied in accordance with paragraph 20.5,
any terms and conditions which either party may at any time seek to
incorporate or impose. The terms of this Agreement shall prevail at
The invalidity, illegality or unenforceability of any provisions of
this agreement shall not affect the continuation in force of the
remainder of this agreement.