1 Letting
We are letting the vehicle to you, and you are taking on hire of the Vehicle as described in the Schedule [overleaf] upon the terms and conditions set out in this agreement, including the Schedule, for the Period of Hire and at the Rentals stated in the Schedule.
2 Your obligations as detailed:
2.1 Rentals and Charges
Shall pay to us the Rentals and Excess Mileage Charge (if any) specified in the Schedule punctually at the times shown there or at such other times as we may mutually agree in writing. All payments must include the appropriate amount of any VAT and the Rentals shall be paid without previous demand. No payments shall be made to anyone but us without our prior written consent. You shall make the rental and all other amounts due to us under this agreement by direct debit or by credit card. Keys lost damaged or locked in the hire vehicle and lost or damaged handbooks will be charged at not less than £100 or actual replacement cost plus VAT. whichever is the greater). All payments relating to traffic offences will be charged to the credit/debit card details supplied by you, without previous demand. Proof of such charges, and a payment receipt will be sent to you by post.
2.2 Interest on overdue payments
Shall pay interest on all sums payable under this agreement which are 10 days or more overdue at Finance House Base Rate as from time to time published by the Finance and Leasing Association, plus 5% per year. Interest will be calculated daily and will be compounded monthly from the due date until the date of payment after as well as before judgment, such interest to be payable on demand, but without
prejudice to any other right or remedy which we may have under this agreement.
2.3 User
Use the Vehicle only for your own use subject to clauses 2.4, 2.5 and 2.6 below, and ensure that the Vehicle is used properly and safely and without risk to health.
Restrictions on user
2.4 Not use or suffer the Vehicle to be used for hire (unless otherwise approved in writing by an authorised officer of the Company), driving tuition, racing, pace making, speed trials or any other sporting competitions.
2.5 Driver’s qualifications
Permit the Vehicle to be driven only by a person qualified to do so and holding all necessary current licences and permits in respect of the Vehicle and him/herself, such licence in respect of the driver to be a full and not a provisional driving licence.
2.6 Use within Great Britain
Not without our prior written consent take the Vehicle or suffer it to be taken outside mainland UK.
2.7 No overloading
Not overload the Vehicle or permit the Vehicle to be overloaded.
2.8 Not to deface paintwork
Not deface or suffer to be defaced the paintwork, body and coachwork of the Vehicle, without our prior written consent.
2.9 Not to alter Vehicle
Not (except in the case of alterations which you are liable to carry out under clause 2.22 below carry out any alteration or modification to the
Vehicle nor alter, except by way of suitable replacement, any part or parts of it, mechanical or otherwise, or any of its accessories, without our prior written consent.
2.10 Insurance
Insure and keep insured the Vehicle under a fully comprehensive policy against loss or damage (including frost damage and shattered windscreens) to its full replacement value, free from limitation or excess, with insurers approved by us (such approval not to be unreasonably withheld), such policy to bear an endorsement recording our interest in the Vehicle. You shall notify us forthwith of any loss of or damage to the Vehicle and hold any insurance money in trust for us. You irrevocably authorise us to collect the insurance monies from the insurers. If a claim is made against the insurers we may, in our discretion, conduct negotiations and effect a settlement with the insurers and you agree to be bound by such settlement. Any insurance money shall be applied as follows at our option:
2.10.1     
In making good the damage; or
2.10.2     
In replacing the Vehicle by another similar vehicle to which the terms of the agreement shall apply; or

2.10.3     
In compensating us for all loss suffered by us, any surplus being paid to, and any deficiency made up by, you, provided that loss or damage to the Vehicle shall not affect continuance of this agreement or your liability for payment of Rentals. In the event that we agree any modification or restriction in the insurance cover stipulated in this agreement, 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 indemnify us against all losses, costs, claims, damages and expenses sustained by us in that regard.

2.11 Not to avoid insurance
Not do, or suffer to be done, anything which may make void or void-able any insurance effected under clause 2.10 above and you shall punctually pay all premiums in respect of that insurance.
2.12 Indemnity
As an obligation surviving termination of this agreement, indemnify us against any claims in respect of loss, injury or damage sustained as a result of use of the Vehicle, or as a result of any defect in it, or otherwise howsoever caused except for injury or death caused by our negligence and subject always to the Unfair Contract Terms Act 1977.
2.13 Indemnity against statutory fines etc
As an obligation surviving termination of this agreement, indemnify us against all fines, fixed penalties, congestion charges and excess charges (“Fines”) payable by us by virtue of any statute applicable to the use of the Vehicle.
2.14 Administration charges
As an obligation surviving termination of this agreement, pay us administration fees plus VAT as follows:
2.14.1
£35 for each Fine referred to in clause 2.13 herein;
2.14.2
£100 for each repair in respect of any damage for which you are liable.
2.14.3
If by your refusal to pay us and we decide to instruct recovery agents (and/or solicitors) to recover any outstanding sums then, and in such event, we shall be entitled to make an additional charge of £250.
2.15 Pay taxes
Pay all taxes and impositions in respect of the Vehicle and its letting under this agreement excepting only:
2.15.1
Those for which we are liable under this agreement; and
2.15.2
Taxes on, or assessed by reference to, our profits; and
2.15.3
Any VAT which we are able to reclaim from HM Revenue and Customs.
2.16 Repair
Keep the Vehicle in good repair and condition, Fair Wear and Tear excepted, where the expression ‘Fair Wear and Tear’ has its ordinary and natural meaning and as defined by the BVLRA, but Fair Wear and Tear does not include:
2.16.1
Bodywork: dents or scratches, other than small scratches or chips; failure of colour matching where repairs have been made; rust aggravated by lack of attention;
2.16.2
Upholstery: stains, burns or tears in seats, headlining or carpets;
2.16.3
Mechanical: the engine, gearbox, clutch, axles, suspension, steering and brakes not being in good working order;
2.16.4
Electrical: lighting and all equipment not being in good working order;
Tyres: tyres having less than 2 mm of tread, uneven wear of tyres, slits in tyre walls.
2.17 Servicing and maintenance
Ensure all servicing, repairs and replacements to be carried out, as and when recommended by the manufacturer, either at service stations approved by us (where appropriate or reasonably practicable) or by the Supplying Dealer, and in either case at your expense, unless previously stated otherwise in your agreement.
2.18 Permit inspection
Permit us by our servants or agents (including the Supplying Dealer) to inspect the Vehicle and its mileage recorder at all reasonable times, and for such purpose to let us have access to any premises where the Vehicle may be.

2.19 Notify loss or damage
Immediately give notice to us of the discovery of any material loss or damage to the Vehicle.
2.20 Repair charge
As an obligation surviving termination of this agreement if the Vehicle is not re-hirable because of damage caused by you pay us the daily hire charge for the period the Vehicle is being repaired plus an administration charge of £100 for organising the repair.
2.21 Not mortgage etc
Not mortgage, charge, pledge, assign, underlet or lend the Vehicle nor mortgage, charge or assign your interest under this agreement.
2.22 Modification of Vehicle
If the Vehicle becomes liable under any statutory enactment to be altered or modified, immediately make the required alterations or modifications at your own expense.
2.23 Return Vehicle
Return 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 of the Supplying Dealer or as we shall reasonably require with full fuel.
2.24 Insolvency
Not suffer the levy against you of any distress or execution, nor present, or suffer to be presented, any application for an interim order or petition for a bankruptcy order within the meaning of the Insolvency Act 1986, nor enter into or attempt to enter into a composition with your creditors, nor call, or suffer to be called, a meeting whether formal or informal of your creditors or any of them nor in Scotland (in addition to such events so far as applicable) become apparently, practically or absolutely insolvent or suffer sequestration to be awarded of your estate or effects or a receiver or judicial factor or trustee to be appointed for any portion of your estate or effects or suffer any arrestment, charge, poinding or other diligence to be issued or levied upon you or your estate or effects or suffer any exercise or threatened exercise of any landlord’s hypothec.
3 Further stipulations
3.1 Provision of licenses
We shall at our own expense provide the Vehicle with licences under the Vehicles (Excise) Act 1971 or the equivalent licences applicable in Northern Ireland. 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.
3.2 We may pay insurance premiums
If you fail to pay any premiums required to be paid in respect of insurance under clause 2.10 above or to pay any sums required to be paid under clause 2.14 above, we may pay them and you will reimburse us on demand.
3.3 Conditions and warranties-benefits not guaranteed
You are entitled to the benefit of all conditions, warranties or other terms, express or implied, relating to the Vehicle given by the suppliers or manufacturers of the Vehicle to us (so far as we are entitled to transfer it) but the Vehicle is not let by us with or subject to any such conditions, warranties or other terms, express or implied, all of which are excluded as between us and you save those implied by the Supply of Goods and Services Act 1982 Section 7 (relating to our right to transfer possession of the Vehicle and your right to quiet possession of it).
3.4 Default
We may, upon any breach by you of any of the provisions of this agreement, after due notice, terminate this agreement and upon that happening, this agreement and the hiring constituted by it shall determine and you will no longer be in possession of the Vehicle with our consent and, subject to our right to take possession of the Vehicle and to recover from you our recoverable losses and to any of your pre-existing liabilities to us, neither party shall have any rights against the other.
3.5 Our expenses
Any expense incurred by us in repossessing the Vehicle under clause 3.4 Above, or in recovering possession of the Vehicle on default of delivery by you under clause 2.21 above, will be reimbursed by you to us on demand.
3.6 Delivery
Delivery of the Vehicle to you shall only be made at the address of your proven residence.

Any notice served under this agreement shall be sufficiently served if sent by prepaid letter post or telex to the last known place of residence of the addressee.
3.8 Headings
The headings in this agreement are for ease of reference only and do not affect the construction of this agreement.
3.9 Singular to include plural etc
In this agreement the singular includes the plural, the masculine includes the feminine and the neuter, and vice versa as the context may require.
3.10 Statutory provisions
Any reference in this agreement to a statutory provision shall be construed as a reference to that provision as from time to time amended or re-enacted.
3.11 Conflict with maintenance arrangements
If there is any conflict between the terms of this agreement and those of any arrangements which you enter into with the Supplying Dealer for the servicing and maintenance of the Vehicle, then as between us the terms of this agreement shall prevail. We give no undertaking with regard to servicing or maintaining the Vehicle.
3.12 Observance of maintenance arrangements
If you agree to enter into any such arrangements for the Vehicle during the Period of Hire, you must give the following undertaking to us, a breach of which will be a breach of this agreement: that you will enter into such arrangements when the Supplying Dealer shall so require and that you will perform, punctually and fully, all your obligations under those arrangements.
3.13 Disclosure
3.13.1
Before entering into this agreement we may search your records at credit reference agencies. They will add to their record about you details of our search which will be seen by other organisations making searches. Details about you and your payment record under this agreement will be used to help make credit, credit related and insurance related decisions about you and members of your household and occasionally for fraud prevention or to trace debtors. You can contact us for details of the credit reference agencies used by us. You have a legal right to these details and can receive a copy of the information held about you on payment of a fee.
Information held about you by credit reference agencies may be linked to records relating to any person with whom you are linked financially and other members of your household.
We may give information about you and your payment record under this agreement to credit reference agencies, debt collecting agents and any proposed assignee, transferee or chargee of this agreement or of our interest in this agreement, their insurers or advisers.
We may use a credit scoring or other automated decision-making system. We may monitor and record telephone calls for the purpose of security and training.
You agree that we may disclose details of, and relating to, the transaction evidenced by this agreement to HPI Limited.

 

Calls maybe recorded for training purposes.

3.14 Guarantee
Before we enter into this agreement with you we may require your obligations under it to be guaranteed by a third party acceptable to us, in which event we shall invite you to suggest someone suitable. We will not normally look to any security from you personally to cover this agreement.

 

4.0 Cancellation Policy

4.1 Your Right to Cancel

You have a right to cancel this agreement. You can do this by sending or taking a WRITTEN Notice of Cancellation to Flexxilease at One Stop Car Shop Limited, 35 Black Moor Road, Verwood, Dorset, BH31 6YS. You have 5 DAYS starting with the day after you receive a formal contract - This is known as a 'cooling off period'.

If you cancel the agreement, any monies you may have paid must be returned to you. You will not have to make any further payment - Except for Clause 4.12 - See Below.

If you have already received any goods under the agreement, you should not use them and should keep them safe. (Legal action may be taken against you if you do not take proper care of them). All goods which are part of an agreement, which have been cancelled within the cooling off period, will be collected from you. Clause 4.12: HOWEVER You will still be liable for any fines and/or damage that may have occured whilst the goods were in your keep.

4.2 Cancellation after the 5 Days 'Cooling off Period'

You have a right to cancel the agreement after the 5 days 'cooling off period'. You can do this by sending or taking a WRITTEN notice of cancellation to Flexxilease at One Stop Car Shop Limited, 35 Black Moor Road, Verwood, Dorset, BH31 6YS. HOWEVER You will be liable for all outstanding monies owned for the remainder of the agreement, and any further charges that may be applicable as part of the agreement such as excess mileage, fines, and/or damage occured whilst in your keep.

 

 

 

IMPORTANT-YOU SHOULD READ THIS CAREFULLY

YOUR RIGHTS

The Consumer Credit Act 1974 covers this agreement and lays down certain requirements for your protection which must be satisfied when the agreement is made. If they are not, we cannot enforce the agreement against you without a court order.

If you would like to know more about the protection and remedies provided under the Act, you should contact either your local Trading Standards Department or your nearest Citizens’ Advice Bureau.

 

Errors and Omissions Excused. All information is correct at time of on-line publishing, however mistakes do occur in either pricing, techincal specification or service information provided to customers. Apologies are given in these circumstances and whereever possible remedial measures facilitated.