Arval Agreement

Hire Agreement regulated by the Consumer Credit Act 1974
Agreement No............................................
Owner: Arval UK Limited, Arval Centre, Windmill Hill, Swindon SN5 6PE
Hirer(s): <Removed>
Address: <Removed>
Postcode: <Removed>
KEY FINANCIAL INFORMATION
Description of the vehicle
Make NISSAN Date registered
Model QASHQAI DIESEL HATCHBACK (2014) Odometer reading (if used)
VIN/Chassis No. Colour
Registration/Serial No. Optional Extras Metallic paint
Charge (£) inclusive of VAT
Advance Payment 886.75
Advance Maintenance Charge 0.00
Following the Advance Payments above, the Hirer shall make 23 monthly Rentals (as defined in the Terms and Conditions) of £295.58 comprising of a Finance Charge (made up of depreciation,
interest and administration fee inclusive of VAT) of £295.58 [and an optional monthly Maintenance Charge of £.00 inclusive of VAT (if selected).] ARVAL shall invoice the Hirer for the Rental for the
initial month of the Contract Term and such invoice is to be paid within 15 days of its date.
The Contract Term is a period of 24 months. The Minimum Term is 12 months.
The Rentals may be varied under this Agreement in the following circumstances:
- The tax assumptions referred to in Clause 9.1 overleaf change or there is a change in the nature, method or application of relevant taxation in the United Kingdom in accordance with Clause 9.1
overleaf;
- There is a change to the Contract Term or Contract Mileage (as defined in the Terms and Conditions) in accordance with Clauses 2.1.4 to 2.1.6 overleaf;
- There is a change to the Vehicle licence excise cost in accordance with Clause 2.3 overleaf;
- The Hirer fails to keep ARVAL informed of any discounts or rebates agreed with the manufacturers of the Vehicle in accordance with Clause 3.6 overleaf.
On termination of this Agreement after the Minimum Term the Hirer may be liable for the difference between the net resale proceeds of the Vehicle (or the Vehicle's insurance proceeds) and the
ARVAL Written Down Value (as defined in the Terms and Conditions) at the date of termination, an administration fee of £25 plus VAT and any unpaid Rentals for the Minimum Term (see Clause
4.2 and 8.3 overleaf). An excess mileage charge of 5.040 pence for each mile travelled by the Vehicle in excess of the Contract Mileage of 20000 miles (or if applicable the Pro Rata Contract
Mileage (as defined in the Terms and Conditions)) during the Contract Term is also payable by the Hirer (see Clause 2.1.5).
KEY INFORMATION
If the Hirer does not pay any Rental or other sum due under this Agreement on the due date for payment or a direct debit payment received and/or claimed by ARVAL under this Agreement is
subsequently unpaid, returned or recalled, the Hirer will pay an administration fee of £25 plus VAT. The Hirer must pay interest on the unpaid amount, from the date the payment was due until the
day that ARVAL receives it, at the rate of 4% above NatWest Bank Base Rate from time to time after as well as before any judgment.
ARVAL has no responsibility for (and the Hirer accepts all responsibility for, (including taking all appropriate action) any fines or penalties for parking, driving or similar offences or contraventions in
connection with Vehicle (or any reasonable legal fees associated with the same) under Clause 10.1 overleaf. ARVAL shall also be entitled to charge the Hirer a reasonable administration fee for
any work carried out or documentation processed relating to such claims.
On termination of this Agreement under Clause 11 overleaf:
- ARVAL shall be entitled to recover all costs and expenses (including legal fees) incurred by ARVAL in enforcing its rights and remedies under this Agreement or otherwise (see Clause 12.1.2
overleaf);
- The Hirer may be liable to pay Rentals for the remainder of the unexpired Minimum Term (see Clause 4.3 overleaf) and interest on the difference between the net resale proceeds of the Vehicle
and the ARVAL Written Down Value at the date of termination (see Clause 12.1.3 overleaf).
The Hirer may also be liable to pay the following costs or charges under this Agreement:
- Repair costs invoiced by ARVAL to the Hirer on return of the Vehicle (see Clause 2.1.3 overleaf);
- An administration fee (currently £25 plus VAT) if the Hirer requests additional invoices or Vehicle Schedules (as defined in the Terms and Conditions) (see Clause 16.1 overleaf);
- An administration fee (currently £14.40 plus VAT) if the Hirer, with ARVAL's consent, uses the Vehicle outside of the UK (but within Europe) (see Clause 6.1.1 overleaf);
- Reimbursement to ARVAL for any services in relation to the Vehicle which have been purchased by the Hirer but fall outside of the services covered by the Maintenance Charges so are therefore
invoiced to ARVAL by the service supplier (see clause 2.2.3 overleaf).
This Agreement is not cancellable under the Consumer Credit Act 1974.
MISSING PAYMENTS
Missing payments could have severe consequences and may make obtaining credit more difficult.
IMPORTANT - READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS
The Consumer Credit Act 1974 covers this agreement and lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were
not, the owner cannot enforce this agreement against you without getting a court order.
If you would like to know more about your rights under the Act, contact either your local Trading Standards Department or your nearest Citizens' Advice Bureau.
Pre-contract Information
Page 1 of 16
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Hire Agreement regulated by the Consumer Credit Act 1974
Agreement No............................................
Owner: Arval UK Limited, Arval Centre, Windmill Hill, Swindon SN5 6PE
Hirer(s): <Removed>
Address: <Removed>
Postcode: <Removed>
KEY FINANCIAL INFORMATION
Description of the vehicle
Make NISSAN Date registered
Model QASHQAI DIESEL HATCHBACK (2014) Odometer reading (if used)
VIN/Chassis No. Colour
Registration/Serial No. Optional Extras Metallic paint
Charge (£) inclusive of VAT
Advance Payment 886.75
Advance Maintenance Charge 0.00
Following the Advance Payments above, the Hirer shall make 23 monthly Rentals (as defined in the Terms and Conditions) of £295.58 comprising of a Finance Charge (made up of depreciation,
interest and administration fee inclusive of VAT) of £295.58 [and an optional monthly Maintenance Charge of £.00 inclusive of VAT (if selected).] ARVAL shall invoice the Hirer for the Rental for the
initial month of the Contract Term and such invoice is to be paid within 15 days of its date.
The Contract Term is a period of 24 months. The Minimum Term is 12 months.
The Rentals may be varied under this Agreement in the following circumstances:
- The tax assumptions referred to in Clause 9.1 overleaf change or there is a change in the nature, method or application of relevant taxation in the United Kingdom in accordance with Clause 9.1
overleaf;
- There is a change to the Contract Term or Contract Mileage (as defined in the Terms and Conditions) in accordance with Clauses 2.1.4 to 2.1.6 overleaf;
- There is a change to the Vehicle licence excise cost in accordance with Clause 2.3 overleaf;
- The Hirer fails to keep ARVAL informed of any discounts or rebates agreed with the manufacturers of the Vehicle in accordance with Clause 3.6 overleaf.
On termination of this Agreement after the Minimum Term the Hirer may be liable for the difference between the net resale proceeds of the Vehicle (or the Vehicle's insurance proceeds) and the
ARVAL Written Down Value (as defined in the Terms and Conditions) at the date of termination, an administration fee of £25 plus VAT and any unpaid Rentals for the Minimum Term (see Clause
4.2 and 8.3 overleaf). An excess mileage charge of 5.040 pence for each mile travelled by the Vehicle in excess of the Contract Mileage of 20000 miles (or if applicable the Pro Rata Contract
Mileage (as defined in the Terms and Conditions)) during the Contract Term is also payable by the Hirer (see Clause 2.1.5).
KEY INFORMATION
If the Hirer does not pay any Rental or other sum due under this Agreement on the due date for payment or a direct debit payment received and/or claimed by ARVAL under this Agreement is
subsequently unpaid, returned or recalled, the Hirer will pay an administration fee of £25 plus VAT. The Hirer must pay interest on the unpaid amount, from the date the payment was due until the
day that ARVAL receives it, at the rate of 4% above NatWest Bank Base Rate from time to time after as well as before any judgment.
ARVAL has no responsibility for (and the Hirer accepts all responsibility for, (including taking all appropriate action) any fines or penalties for parking, driving or similar offences or contraventions in
connection with Vehicle (or any reasonable legal fees associated with the same) under Clause 10.1 overleaf. ARVAL shall also be entitled to charge the Hirer a reasonable administration fee for
any work carried out or documentation processed relating to such claims.
On termination of this Agreement under Clause 11 overleaf:
- ARVAL shall be entitled to recover all costs and expenses (including legal fees) incurred by ARVAL in enforcing its rights and remedies under this Agreement or otherwise (see Clause 12.1.2
overleaf);
- The Hirer may be liable to pay Rentals for the remainder of the unexpired Minimum Term (see Clause 4.3 overleaf) and interest on the difference between the net resale proceeds of the Vehicle
and the ARVAL Written Down Value at the date of termination (see Clause 12.1.3 overleaf).
The Hirer may also be liable to pay the following costs or charges under this Agreement:
- Repair costs invoiced by ARVAL to the Hirer on return of the Vehicle (see Clause 2.1.3 overleaf);
- An administration fee (currently £25 plus VAT) if the Hirer requests additional invoices or Vehicle Schedules (as defined in the Terms and Conditions) (see Clause 16.1 overleaf);
- An administration fee (currently £14.40 plus VAT) if the Hirer, with ARVAL's consent, uses the Vehicle outside of the UK (but within Europe) (see Clause 6.1.1 overleaf);
- Reimbursement to ARVAL for any services in relation to the Vehicle which have been purchased by the Hirer but fall outside of the services covered by the Maintenance Charges so are therefore
invoiced to ARVAL by the service supplier (see clause 2.2.3 overleaf).
MISSING PAYMENTS
Missing payments could have severe consequences and may make obtaining credit more difficult.
IMPORTANT - READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS
The Consumer Credit Act 1974 covers this agreement and lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were
not, the owner cannot enforce this agreement against you without getting a court order.
If you would like to know more about your rights under the Act, contact either your local Trading Standards Department or your nearest Citizens' Advice Bureau.
HIRER SIGNATURE
This is a Hire Agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms.
Signature(s) of Hirer(s)
{{$a }}
{{$b }}
Date(s) of signature(s) {{_es_:signer1:date}}
Under this Agreement the goods do not become your property and you must not sell them.
The above signed (the "Hirer") hereby agrees to this Agreement for the provision of contract hire and associated services and submits this Agreement for ARVAL's approval. The Hirer undertakes
that the information given in connection with this Agreement is true and complete. The Hirer consents to ARVAL making such enquiries with credit reference agencies and other third parties, as it
shall consider necessary regarding this Agreement, and accepts that ARVAL reserves the right in its absolute discretion to reject this Agreement without being required to state any reason. If this
Agreement is accepted by ARVAL, the Hirer agrees to be bound the terms of this Agreement, and that upon acceptance, the Hirer shall pay the Rentals (including VAT) as shown above on page 1
of this Agreement, together with all other charges specified.
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<Removed>
Nov 26, 2015
OUR SIGNATURE
Signed for and on behalf of ARVAL
Signed
Date 26/11/2015 which is the date of this Agreement
HIRER'S DETAILS
Contact Name: <Removed>
Tel: <Removed>
Fax:
E-mail: <Removed>
DATA PROTECTION
By signing this Agreement you agree that we may make credit searches against you and obtain information about you. We, our Group companies and/or other selected third party companies may
use the information obtained about you or this Agreement and from time to time contact you about goods or services that may be of interest to you. For full details see the Marketing box below and
Clause 19.
MARKETING
Your personal details may be used by ARVAL and the BNP Paribas Group of Companies, to send to you information about our similar products or services to those you have purchased and which
we consider may be of interest to you. By signing this Agreement, you are indicating your consent to receive marketing communications via post, email, SMS and telephone.
If you do not wish to receive such communications please tick: {{[]mar5_es_:signer1}}
For full details as to how you can change your marketing preferences at any time, please see Clause 19.
RELIEF VEHICLE
Please supply a relief vehicle, as per clause 2.2.4. {{[]rel5_es_:signer1}}
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✔
1. DEFINITIONS: In this Agreement unless the context otherwise requires:-
1.1 "ACTUAL MILEAGE" shall mean the mileage of the Vehicle recorded on the milometer and noted in the condition report for a Vehicle at the end of the Contract Term or if later the actual
date of return of a Vehicle to ARVAL or, if that figure should be incorrect in the opinion of ARVAL, then such mileage as shall be reasonably calculated by ARVAL from its records of the
Vehicle.
1.2 "ARVAL" shall mean ARVAL UK Limited (registration number 1073098) whose registered office is at ARVAL Centre, Windmill Hill, Swindon, SN5 6PE.
1.3 "ARVAL Written Down Value" shall mean the book value to which a Vehicle is reduced month by month as a result of depreciation.
1.4 "AUTHORISED SUPPLIER" shall mean an ARVAL approved supplier which provides services under this Agreement.
1.5 "BVRLA" shall mean the British Vehicle Rental and Leasing Association.
1.6 "CONTRACT MILEAGE" shall mean the mileage agreed at the commencement of the Contract Term (as detailed in page 1 of this Agreement) as the mileage which the Vehicle will cover
during the Contract Term.
1.7 "CONTRACT TERM" shall mean the period the Vehicle is to be under hire, commencing either on the date the Vehicle is delivered to the Hirer or its representative or forty eight (48) hours
from the time ARVAL notifies the Hirer that the Vehicle is available for delivery (whichever is earlier), and continuing until the end of the Contract Term as detailed in page 1 of this
Agreement.
1.8 "HIRER" shall mean the person named at page 1 of this Agreement.
1.9 "MAINTENANCE CHARGE" shall mean a fixed monthly fee (forming part of the Rentals, if relevant) payable over the Contract Term and covering certain services as described in Clause
2.
1.10 "MINIMUM TERM" shall mean a period of 12 months commencing at the start of the Contract Term.
1.11 "PARTIES" means the parties to this Agreement and Party shall be construed accordingly.
1.12 "PENCE PER EXCESS MILE" shall mean the amount specified in page 1 of this Agreement by which the Actual Mileage in excess of the Contract Mileage (or if applicable the Pro Rata
Contract Mileage) is multiplied at the end of the Vehicle's Contract Term or later return to ARVAL, or in the event of early termination.
1.13 "PRO RATA CONTRACT MILEAGE" shall mean, where a Vehicle is returned before or after the Contract Term, the total mileage allowance calculated by dividing the Contract Mileage by
the Contract Term to produce a daily allowance which shall be multiplied by the total number of days which the Vehicle is provided to the Hirer.
1.14 "RENTAL" shall mean the sum of the depreciation, interest charges and administration fee ('Finance Charge') and the Maintenance Charge.
1.15 'VEHICLE" shall mean a private passenger motor vehicle or a light commercial vehicle, (including any extras as described) which is hired or proposed to be hired under this Agreement
and set out on page 1.
1.16 "VEHICLE SCHEDULE" shall mean a notice in writing for the Vehicle confirming the new Rental payable by the Hirer and/or the new Contract Term and the new Contract Mileage.
2. HIRE OF THE VEHICLE
2.1 Order, Delivery and Return
2.1.1 Upon acceptance by ARVAL of this signed Agreement from the Hirer (for the avoidance of doubt final acceptance by ARVAL shall mean a signed copy of this Agreement sent
by ARVAL to the Hirer), ARVAL will arrange for the purchase of a new Vehicle from a supplier that is duly authorised and approved by ARVAL and delivery of the Vehicle to a
location requested by the Hirer. ARVAL will use its reasonable endeavours to ensure delivery of the Vehicle to the Hirer or its representative on the date requested by the Hirer.
Any cancellation charges which may be reasonably incurred by ARVAL where the Hirer cancels the Vehicle must be paid by the Hirer.
2.1.2 Where the Vehicle is delivered to the Hirer, the Hirer will hold such Vehicle subject to all the provisions of this Agreement.
2.1.3 At the end of the Contract Term (or on early termination of this Agreement or late return of the Vehicle) the Hirer will make the Vehicle available for collection. A representative
on behalf of ARVAL will complete an initial report on the mechanical and bodywork condition of the Vehicle including its milometer reading. The Hirer or its representative will
sign a copy of that report upon agreement of its content ARVAL shall invoice the Hirer for the cost of repairs (whether or not carried out) to a Vehicle returned to ARVAL that is
subject to damage which, in accordance with the BVRLA Fair Wear and Tear Guide for the Contract Hire Industry, would constitute unfair wear and tear and/or for any
diminution of the value of the Vehicle resulting from a previous repair to the Vehicle. All invoices for unfair wear and tear charges must be paid by the Hirer in accordance with
Clause 3 of this Agreement.
2.1.4 ARVAL has a right to vary the agreed Contract Term and Contract Mileage. ARVAL will only exercise this right where the Minimum Term has expired and if the Hirer has told
ARVAL that the current Contract Term and/or Contract Mileage is no longer appropriate and indicated an alternative preference. If such a variation is made by ARVAL, a new
Vehicle Schedule will be sent to the Hirer which will specify the new Rental (and, where relevant, further administration charge) payable by the Hirer, the new Contract Term and
the new Contract Mileage (as relevant). This shall supersede the previous Vehicle Schedule. Until any new Vehicle Schedule is provided or the Vehicle is returned, the monthly
Rental set out in page 1 of this Agreement or in the existing Vehicle Schedule (as relevant) will continue to be paid by the Hirer.
2.1.5 If, at any time during the Contract Term, the mileage of the Vehicle is greater or less than its Contract Mileage (pro rata) by more than 20%, ARVAL reserves the right to amend
the Contract Term, Contract Mileage and Rental.
2.1.6 When the Vehicle is returned to ARVAL, ARVAL shall calculate the amount by which the Actual Mileage exceeds the Contract Mileage (or if applicable the Pro Rata Contract
Mileage) and multiply that figure by the appropriate Pence Per Excess Mile. Any resulting charge will be invoiced pursuant to Clause 3.
2.2 Maintenance Charge
2.2.1 Payment of the Maintenance Charge shall cover certain Vehicle maintenance costs where the Hirer has elected ARVAL's service, maintenance and repair scheme on page 1 of
this Agreement. Where a Hirer has incurred reasonable costs either in respect of tyre repairs/replacement due to fair wear and tear or emergency maintenance or repairs to a
Vehicle outside the United Kingdom then ARVAL shall reimburse these costs to the Hirer, subject to the works being performed with reasonable skill and care, the costs being
agreed in advance with ARVAL and the Hirer complying with this Agreement. The Hirer will reimburse ARVAL in full plus VAT where ARVAL is not reasonably satisfied with the
standard or costs of the works.
2.2.2 The Maintenance Charge does not cover the provision of any Vehicle maintenance costs or other costs covered by a manufacturer's warranty or if they result from neglect,
abuse of and/or an accident with the Vehicle.
2.2.3 If the Hirer has requested ARVAL's service, maintenance and repair scheme at page 1 of this Agreement, the Hirer may obtain servicing, mechanical repairs, tyres, batteries,
exhausts, windscreens, vehicle breakdown services and car hire (when arranged through ARVAL) for the Vehicle to which it relates from garages or suppliers appointed by
ARVAL as network suppliers, in accordance with the procedures set out in this Agreement. Where the Hirer purchases services which are not covered by the Maintenance
Charge, the Hirer agrees where payment is requested from ARVAL to reimburse ARVAL for such items or services, without deduction in accordance with Clause 3 of this
Agreement.
2.2.4 If page 1 of this Agreement identifies the Vehicle as being subject to ARVAL's service, maintenance and repair scheme, then the Maintenance Charge shall also cover certain
vehicle maintenance costs which will be limited to the provision of:
(i) routine servicing of the Vehicle only in accordance with the Vehicle manufacturer's schedule for service, maintenance and repair of that specific Vehicle;
(ii) for cars, all tyre repairs/replacement unless due to loss, theft, vandalism, neglect, abuse or persistent damage and for light commercial vehicles all repairs/replacements
due to fair wear and tear;
(iii) emergency maintenance or repairs to the Vehicle;
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(iv) emergency breakdown assistance cover for "Roadside" and "At Home" breakdown services;
(v) a current MOT test certificate when this becomes necessary;
(vi) provision of a relief vehicle (if identified in page 2 of this Agreement and paid for as part of the Rental) in the event of the Vehicle being unavailable for use (or unavailable
for use for a period greater than 48 hours) due to mechanical failure for a maximum period of 28 days (excluding weekends and Bank Holidays if the Vehicle is delivered
for repairs immediately prior to that excepting genuine emergency repairs) for any one occurrence.
2.3 The Vehicle will be delivered validly licenced with vehicle excise, the cost of such and any subsequent vehicle excise licenses will be included in the Finance Charge (the finance element
of the Rental) as detailed on page 1 of this Agreement. The Hirer shall be liable for any increase to vehicle excise licence costs.
3. INVOICING AND PAYMENT
3.1 The Hirer shall, subject to the provisions of this Agreement and the Vehicle Schedule pay to ARVAL the Rentals in respect of the Vehicle for the duration of the Contract Term or the later
return of the Vehicle to ARVAL.
3.2 If the Hirer is required to make Advanced Rentals as set out in page 1 of this Agreement ARVAL will collect these Advance Rentals after the start of the Contract Term. ARVAL shall
invoice the Hirer for the Rental for the initial month of the Contract Term and such invoice is to be paid within 15 days of its date.
3.3 ARVAL shall send to the Hirer Invoices: (a) on a monthly basis to show the total Rentals payable for all Vehicles for the relevant period and any other charges or fees for Vehicle related
services (including car hire) payable by the Hirer pursuant to this Agreement, such invoices to be paid by the Hirer within 15 days of the date of the invoice; and (b) when other charges
arise as are due under the terms of this Agreement, such invoices to be paid within 30 days of their due date. The Hirer shall make payment of all sums due under this Agreement by
direct debit (a direct debit instruction must be completed for this purpose). Value Added Tax (VAT) at the prevailing rate will be added to all sums due by the Hirer as appropriate.
3.4 If as a result of a breach of this Agreement by the Hirer, ARVAL is unable to collect any payments due under this Agreement on their due dates the Hirer will pay ARVAL interest on such
overdue payments at the rate of 4% above the National Westminster Bank Plc base rate before and after judgment.
3.5 In calculating its fees under this Agreement, ARVAL has taken into account any fees, discounts, rebates or commissions that it may receive from any Authorised Supplier in relation to
Vehicles or services. Authorised Supplier's invoices may include such amounts.
3.6 The Hirer shall notify ARVAL of any rebates or discounts that they have agreed with manufacturers and provide copies of the agreement to ARVAL. Where the Hirer fails to provide copies
of any agreement with a manufacturer or fails to keep ARVAL notified of any such discounts or rebates then ARVAL reserves the right to amend the relevant Rentals appropriately or
request a separate payment.
3.7 ARVAL is entitled to set off any amounts due from the Hirer against any amount due to be paid to the Hirer under this Agreement.
4. EARLY TERMINATION OF CONTRACT HIRE VEHICLES
4.1 At any time after the Minimum Term the Hirer may elect to terminate the hire of the Vehicle before the end of its Contract Term. The Hirer must give ARVAL one month's notice in writing of
the date the Vehicle will be available for collection and the Contract Term will terminate on the date the Vehicle is made available for collection.
4.2 The Hirer shall not be entitled to a refund of any Rentals paid in advance (and amounts invoiced shall remain due) even though they relate to a period following the date of termination. In
the event of early termination ARVAL shall calculate the difference between the net resale proceeds and the ARVAL Written Down Value at the date of termination, plus ARVAL's standard
early termination administration fee plus VAT. Where a charge results from the reconciliation, ARVAL will invoice the Hirer and the Hirer shall pay in accordance with Clause 3 of this
Agreement.
4.3 Where this Agreement terminates at any time before the expiry of the Minimum Term, the Hirer shall, in addition to any amounts payable under Clause 4.2, pay ARVAL any unpaid
Rentals for the unexpired Minimum Term.
5. REVIEW AND ABATEMENT OF RENTALS
5.1 There shall be no change to the Rentals during the time required for any servicing, repair or rectification of the Vehicle or during the period pending termination as a result of the Vehicle
being stolen, totally destroyed or damaged beyond economical repair.
6. USE AND REPAIR
6.1 The Hirer shall:
6.1.1 Use or permit the use of the Vehicle for lawful purposes only, within the United Kingdom and, with ARVAL's prior consent (and ARVAL may charge a reasonable administration
fee plus VAT for providing its consent), for occasional journeys on the Continent of Europe and in the Republic of Ireland provided the Vehicle is comprehensively insured for
such use by the Hirer in accordance with Clause 8:
6.1.2 Not permit the Vehicle to be used for racing or rallying or as a taxi or hire car;
6.1.3 Not permit the Vehicle to be used for towing or any towing equipment to be fitted to the Vehicle without ARVAL's prior written consent such consent not to be unreasonably
withheld;
6.1.4 Not make modifications to the Vehicle or fit or replace any non-standard parts or accessories;
6.1.5 Not paint any words or logos on the Vehicle or otherwise alter the paintwork without the prior written consent of ARVAL and ensure the bodywork is cleaned regularly to
preserve its condition;
6.1.6 Ensure the Vehicle is serviced at the manufacturer's recommended service intervals, and any other occasions when faults arise and will at all times ensure that the tyre
pressures, oil and coolant levels and anti-freeze levels or similar matters are maintained to the manufacturer's specifications;
6.1.7 Ensure that a current MOT test certificate is obtained for the Vehicle when this becomes necessary and will not allow the Vehicle to be used without a current certificate in force
when applicable;
6.1.8 Allow ARVAL to inspect the Vehicle on reasonable notice;
6.1.9 At its own expense comply with and cause all persons operating the Vehicle to comply with all applicable statutory and any other legal requirements, and with all conditions of
the insurance policies relating to the Vehicle;
6.1.10 At its own expense comply with any directions, conditions or recommendations notified to it by ARVAL where ARVAL has received notification that the Vehicle is required to be
returned to its manufacturer in order to rectify a defect.
7. PROPERTY AND REGISTRATION
7.1 Although the Vehicle will be possessed by the Hirer, this Agreement confers no right of property in or ownership of the Vehicle on the Hirer, and accordingly the Hirer shall not offer for
sale, lend, hire, mortgage, charge, assign, sub lease, or otherwise deal with or part with possession of the Vehicle.
8. INSURANCE
8.1 The Hirer shall at its own cost keep the Vehicle hired comprehensively insured in the name of the Hirer with a reputable insurance company, with a note of ARVAL's interest endorsed on
the policy until the Vehicle is returned to ARVAL or a representative of ARVAL.
8.2 The Hirer will produce on an annual basis such evidence of the insurance policy as ARVAL may reasonably require and will not allow the policy to lapse nor materially change the terms of
such policy without ARVAL's written permission, such permission not to be unreasonably withheld or delayed.
8.3 In the event that the Vehicle is stolen or, in the opinion of the insurance company, damaged beyond economical repair, the Hirer will notify ARVAL immediately. The Hirer hereby assigns
to ARVAL the right to receive any monies due from the insurers. The Contract Term will terminate on receipt by ARVAL of such insurance monies or upon notification to ARVAL that the
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insurers have declined or refused to make any payment under the insurance policy and ARVAL will calculate the difference between the insurance proceeds received and the ARVAL
Written Down Value at the date of termination of the Contract Term plus ARVAL's standard early termination administration fee plus VAT to produce a charge or credit. Any charge will be
invoiced to the Hirer. ARVAL will also determine the difference between the total Maintenance Charges received and the total amounts invoiced to ARVAL (or authorised by ARVAL but
not yet invoiced to ARVAL) for maintenance on the Vehicle to produce a charge or credit. Any charge will be charged to the Hirer.
9. TAXATION
9.1 Rentals have been calculated assuming that writing down allowances at the prevailing rate at the date of this Agreement will be obtained and retained by ARVAL and that Corporation Tax
will apply at the prevailing rate at the issue date of this Agreement. If these assumptions are not correct and there is a change in the method, timing, practice, application or type of tax
which causes a reduction in ARVAL's return on this Agreement or a reduction in the net proceeds of sale of a Vehicle, then the Hirer may have to pay extra Rentals inclusive of VAT to
cover this.
9.2 If the rate of VAT changes, the Rental and any other payments which are subject to VAT will change accordingly.
10. LIABILITY AND INDEMNITY
10.1 ARVAL has no responsibility for (and the Hirer accepts all responsibility for, including taking all appropriate action) any claims, liabilities, losses, damages, or expenses (including legal
fees) and any liability resulting from legislation for the payment of fines or penalties for parking, driving or similar offences or contraventions in connection with Vehicle. ARVAL shall be
entitled to charge the Hirer a reasonable administration fee for any work carried out or documentation processed relating to such fines, penalties or contraventions.
10.2 Where the Hirer is two or more persons each is separately liable and all are jointly liable under this Agreement. ARVAL may therefore demand sums due under this Agreement for one or
both of the joint Hirers.
10.3 ARVAL gives no warranty or representation whatever with respect to any Vehicle hired or proposed to be hired under this Agreement, and all conditions, terms, representations and
warranties, whether express, implied, statutory or otherwise, except as expressly included in this Agreement, are excluded (save where such terms cannot be excluded). The Hirer shall be
entitled to the benefit of any conditions or warranties which may have been given by the manufacturer and/or supplier only in so far as they may be transferred by ARVAL.
10.4 The Hirer shall not make any representations and warranties at all in respect of any Vehicle and further, Hirer shall accept all responsibility for any liability ARVAL may incur to a purchaser
of the Vehicle in respect of the quality or fitness for purpose, or any description or representation that may have been applied or made in relation to such Vehicle by the Hirer or its
employees or its agents.
10.5 ARVAL shall in no circumstances be liable to the Hirer for any loss of profit, loss of revenue, loss of use, loss of contract, loss of goodwill, loss of anticipated savings, lost management
time, increased cost of working or any indirect economic or consequential loss, in each case whether arising in contract, tort (including negligence), breach of statutory duty or otherwise
and whether or not the possibility of such loss arising on a particular breach of contract or duty has been brought to ARVAL's attention at the time of making this Agreement (save where
by statute such loss cannot be excluded).
11. DEFAULT
11.1 ARVAL may by notice in writing to the Hirer (as required by the Consumer Credit Act 1974) terminate all the rights of the Hirer under this Agreement and in respect of the Vehicle hired if
the Hirer:
11.1.1 fails to pay any of the Rentals or any other payment due under this Agreement by the time it is due;
11.1.2 materially breaches any other provision of this Agreement and either such breach is in ARVAL's opinion not capable of remedy or such breach is in ARVAL's opinion capable of
remedy and is not remedied within 21 days after the earlier of ARVAL's notice requiring such remedy or the date on which the Hirer first becomes aware of such breach;
11.1.3 has given ARVAL any untrue statement or false information on which ARVAL has relied on;
11.1.4 presents, or has presented against the Hirer, a petition for bankruptcy;
11.1.5 calls a meeting of, or enters into any arrangement with its creditors;
11.1.6 becomes located in Scotland and any analogous events to those contained in Clauses 11.1.4 and 11.1.5 above occur in relation to the Hirer;
11.1.7 does or causes to be done or permits or suffers any act or thing whereby ARVAL's ownership or rights in the Vehicle or the ownership of and Vehicles hired to ARVAL by a
supplier have been or may be prejudiced;
11.1.8 undergoes any material adverse change in the Hirer's property, other assets or condition, financial or otherwise since the date of this Agreement;
11.1.9 defaults under this Agreement or an event of default occurs under any other agreement between (1) ARVAL and (2) the Hirer; or
11.1.10 breaches the terms of any agreement between it and a third party relating to the borrowing of more than £25,000. "Borrowing" includes any form of postponed payment and
includes debt owed under a guarantee or other contingent agreement.
11.2 The Hirer shall promptly inform ARVAL of the occurrence of any event referred to in Clause 11.1 above.
12. CONSEQUENCES OF DEFAULT
12.1 The following shall apply upon termination of this Agreement:
12.1.1 the Vehicle hired shall cease to be in possession of the Hirer with the consent of ARVAL, and the Vehicle shall be surrendered to ARVAL in good order, repair, and running
condition, and ARVAL shall be entitled to enter onto the Hirer's premises and retake possession of the Vehicle. The Hirer shall promptly deliver to ARVAL all documents which
ARVAL may require to sell such Vehicle and register the same in the name of any purchaser;
12.1.2 the Contract Term for such Vehicle shall terminate and ARVAL shall recover from the Hirer in respect of such Vehicle all Rentals and all other fees and charges due and unpaid
for the Contract Term, together with all costs and expenses (including legal fees) incurred by ARVAL in the enforcement of its rights and remedies under this Agreement or
otherwise;
12.1.3 ARVAL will carry out the early termination calculation pursuant to Clause 4 for the Vehicle. The Hirer will pay any net charge to ARVAL within 14 days of written demand and in
default of payment, interest at the rate and on the terms of sub-Clause 3.4.
13. ASSIGNMENT AND AGENCY
13.1 ARVAL may assign, transfer, dispose of or create any interest in or over any of its rights and obligations under this Agreement, without the consent of the Hirer. ARVAL may for the
purposes of carrying out any of the services under this Agreement appoint as its agent any other company within the ARVAL group of companies.
13.2 This Agreement shall not be assignable by the Hirer, nor shall the Hirer be entitled to sub-hire any Vehicle without the written consent of ARVAL.
14. FINANCIAL INFORMATION
14.1 The Hirer shall deliver to ARVAL such information or documentation, including the annual reports, concerning the Hirer's financial position as ARVAL may from time to time reasonably
request.
15. ADMINISTRATION FEES AND CHARGES
15.1 The administration fees and charges stated in page 1 of this Agreement are stated at ARVAL's current rate. We can change these fees or charges at any time to proportionately reflect
legitimate increases or reductions in the costs of providing the Vehicle(s) or services. We can also change charges for any other valid reason and will notify the Hirer of any such change in
writing.
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16. COPIES OF DOCUMENTS
16.1 ARVAL is entitled to charge an administration fee plus VAT if requested by the Hirer to provide additional copies of invoices or the Vehicle Schedules as set out on page 1.
17 NOTICES
17.1 Any notice shall be deemed given if sent by first class post or facsimile transfer to the other party at the address stated above and shall be deemed received on the second business day
after posting or the next day after transmitting.
18. DATA
18.1 ARVAL shall have the right to use and market de-personalised statistical data collected in the provision of services to the Hirer.
19. DATA PROTECTION
19.1 To the extent that ARVAL determine the manner and the purpose of processing, it acknowledges that it is a Data Controller (as defined by the Data Protection Act 1998) of the Hirer's
personal data. It undertakes to act in accordance with the Data Protection Act 1998 at all times (including having in place adequate levels of security in respect of such data).
19.2 The BNP Paribas Group of Companies of which ARVAL forms part, its joint ventures and joint ventures of its group, both current and in the future, as it develops new business either on its
own or with others, will use the Hirer's personal information for the following purposes: (i) to identify the Hirer when the Hirer contacts ARVAL; (ii) to help administer, and contact the Hirer
about improved administration of, any accounts, services and products ARVAL have provided before, or provide now or in the future; (iii) to carry out marketing analysis and customer
profiling (including with transactional information), conduct research, including creating statistical and testing information using data provided by the Hirer; (iv) to help to prevent and detect
fraud or loss; and (v) to allow ARVAL's insurance management contractor to contact the Hirer to establish if the Hirer has obtained the insurance cover required by this Agreement. Further
details are contained in clause 19.5 and 19.6. A list of ARVAL's group companies and joint ventures can be obtained by contacting ARVAL's Customer Services Department whose
contact details can be found in clause 19.6.2 (below).
19.3 In considering the Hirer's application, ARVAL will search the Hirer's records at credit reference agencies and fraud prevention agencies. ARVAL will add to the Hirer's record details of
ARVAL's search, whether or not this application proceeds and the Hirer's application and these search results will be seen by other organisations that make searches. ARVAL may use a
credit scoring system when assessing the Hirer's application. ARVAL will also add to the Hirer's record with the credit reference agencies details of the Hirer's payments and any default or
failures under this Agreement. ARVAL will also make periodic searches of the Hirer's records during the life of this Agreement. It is important that the Hirer gives accurate information to
ARVAL. If the Hirer gives false or inaccurate information and ARVAL identifies fraud, ARVAL will provide this information to fraud prevention agencies, Law enforcement agencies and
other organisations involved in crime and fraud prevention.
Before entering into this Agreement ARVAL may search records at credit reference agencies, which may be linked to the Hirer's spouse/partner, or other persons with whom the Hirer is
linked financially. For the purposes of this application the Hirer may be treated as financially linked and the Hirer will be assessed with reference to "associated records". ARVAL, the credit
reference agencies and the fraud prevention agencies will also use the Hirer's records for statistical analysis about credit, insurance and fraud. All organisations that collect and process
personal data are regulated by the Data Protection Act 1998, overseen by the Information Commissioner's Office. All credit reference agencies are in regular dialogue with the Information
Commissioner. Use of the Electoral Register is controlled under the Representation of the People Act 2000.
19.4 When credit reference agencies receive a search from ARVAL they will:
19.4.1.1 place a search "footprint" on the Hirer's credit file 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 the Hirer applies for credit in the future; and
19.4.1.2 link together the records of the Hirer and anyone that the Hirer has advised is their financial associate including previous and subsequent names of parties to the account. Links
between financial associates will remain on the Hirer's and their files until such time as the Hirer or the Hirer's spouse/partner, or other persons with whom the Hirer is linked
financially successfully files for a disassociation with the credit reference agencies
They will also supply to ARVAL:
19.4.2.1 credit information such as previous applications and the conduct of the accounts in the Hirer's name and of the Hirer's associate(s) (if there is a link between the Hirer - see
19.4.1.2 above) and/or the Hirer's business accounts (if the Hirer has one);
19.4.2.2 public information such as County Court Judgments (CCJ's) and bankruptcies;
19.4.2.3 electoral Register information; and
19.4.2.4 fraud prevention information.
If the Hirer is provided with a finance facility and the Hirer does not repay in full and on time, ARVAL may tell credit reference agencies who will record the outstanding debt. These records
will be shared with Fraud Prevention Agencies, other organisations and may be used and shared by ARVAL and them to:
19.4.3.1 consider applications for credit and credit related services or other facilities, for the Hirer and any associated person; and
19.4.3.2 trace debtors, recover debts, prevent or detect money laundering and fraud and to manage the Hirer's account(s).
Records shared with credit reference agencies remain on file for 6 years after they are closed whether settled by the Hirer or defaulted.
Fraud prevention agency records will also be shared with other organisations to help make decisions on motor, household, credit, life and other insurance proposals and insurance claims,
for the Hirer and members of the Hirer's household, managing credit and credit related accounts or facilities and checking details of job applicants and employees. ARVAL and other
organisations may access and use from other countries the information recorded by fraud prevention agencies. The Hirer may, by telephoning ARVAL's Customer Services department on
0800 046464 obtain details of those credit reference and fraud prevention agencies from whom ARVAL obtains and to whom ARVAL passes information about the Hirer. The Hirer have a
legal right to these details. Further details explaining how the information held by fraud prevention agencies may be used can also be obtained by telephoning ARVAL's Customer Services
department (on the number above).
The Hirer agrees that ARVAL may hold and process by computer or otherwise any information obtained about them in connection with this Agreement and any other applications the Hirer
has made to, and any Agreement the Hirer may have with ARVAL.
19.5 The Hirer agrees that ARVAL may use the information referred to above and disclose it to the party who introduced the Hirer to ARVAL and to other members of ARVAL's group of
companies, for the purposes of reviewing the conduct of this Agreement for credit assessment, for administering and servicing this Agreement and to enable ARVAL to carry out statistical
analysis. ARVAL may also disclose information obtained about the Hirer in connection with this Agreement to ARVAL's agent companies, insurers, suppliers, advisers and any person to
whom ARVAL assigns its rights under this Agreement.
19.6 In relation to marketing, ARVAL may:
19.6.1 disclose information to other members of ARVAL's group of companies so that they can use it to market their products and services which may be of interest to the Hirer,
ARVAL will only do this in circumstances where the Hirer has explicitly consented to the use of their personal information in this way; and
19.6.2 contact the Hirer in the ways described in this data protection statement or in any other way about ARVAL's similar products and services to those the Hirer has purchased,
unless the Hirer tells ARVAL that they would prefer not to receive such marketing information. The Hirer can contact http://www.arval.co.uk/portal/web/guest/contact-us at any
time to opt-out of receiving such marketing.
19.7 From time to time, service providers and organisations with whom ARVAL work to provide services to the Hirer or credit reference agencies with which ARVAL work, may be located
outside the European Economic Area in countries that do not have the same standards of protection for personal data as the UK. ARVAL will, however, always use every reasonable effort
to ensure sufficient protections are in place to safeguard the Hirer's Personal Data.
19.8 Where the Hirer has been provided with a finance facility by ARVAL or may enter into a finance account facility with ARVAL, ARVAL will give details of the Hirer's personal and/or business
account (if the Hirer has one), including names and parties to the account and how the Hirer manages it/them to credit reference agencies.
19.9 The Hirer has the right to ask ARVAL to correct incorrect data which we may hold about the Hirer. The Hirer also has the right, upon payment of a fee and applying to ARVAL in writing, to
obtain a copy of the information held by ARVAL about the Hirer. To do so the Hirer can write to The Database Controller, Arval UK Limited, Arval Centre, Windmill Hill, Swindon, SN5 6PE.
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20. NO PARTNERSHIP OR AGENCY
20.1 Nothing in this Agreement (unless set out to the contrary) is intended to, or shall be deemed to, constitute any partnership or joint venture between any of the Parties, constitute any Party
becoming the agent of another Party, nor authorise any Party to make or enter into any commitments for and on behalf of any other Party.
21. THIRD PARTIES
21.1 A person who is not a Party to this Agreement may not enforce any of its terms under the Contract (Rights of Third Parties) Act 1999.
22. CONFIDENTIALITY
22.1 Neither Party will disclose to any person, partnership, registered company or any other entity (except as required by statute, regulatory agency ruling or court order) any information, facts,
data or trade secrets of any kind or nature whatsoever which relate to the business of the other which such Party (or any of its agents or employees if relevant) has gained knowledge
through the relationship contemplated by this Agreement, whether before, during the term of, or after the date of this Agreement. The above does not include any information, facts, data
or trade secrets which are in the public domain or which were known to the Parties (other than those disclosed in contravention of this Clause).
23. EVENTS OUTSIDE ARVAL'S CONTROL
23.1 ARVAL shall not be liable to the Hirer for any failure to perform, or delay in performing, any of its obligations if and to the extent that the failure is caused by events outside ARVAL's
control (to include without limitation: act of God, war, fire, flood, explosion, civil commotion, terrorism and counter terrorism). The time for performance of an obligation which is affected by
such an event shall be extended by a period which reflects the impact of the delay caused by that event.
24. NO WAIVER
24.1 Any delay or failure by either Party in exercising any right, power or privilege under this Agreement shall not constitute a waiver of such right, power or privilege.
25. SCOPE OF AGREEMENT
25.1 This Agreement and any Vehicle Schedule issued under it constitute the entire understanding of the Parties. In the event of any inconsistencies between any of these documents, their
terms shall apply in the following order of precedence: (1) this Agreement; and (2) the Vehicle Schedule.
25.2 This Agreement shall be governed by the laws of England and the Parties submit to the exclusive jurisdiction of the courts of England and Wales in relation to any matter arising out of this
Agreement. Any contractual, non-contractual, civil or commercial dispute, issue or claim or any other contentious matter arising in connection with this Agreement shall be submitted to the
exclusive jurisdiction of the courts of England.
25.3 By signing this Agreement, the Hirer confirms and agrees that ARVAL may rely on an electronic signature from the Hirer in relation to the Agreement and that ARVAL may retain copies
(paper, electronic or otherwise) of any documents relating to this Agreement in a form preserving an image of any such documents, including signatures in lieu of any original documents.
The Customer hereby waives any objection to the use of such records in lieu of their paper equivalents for any purpose and in any forum, venue or jurisdiction.
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Hire Agreement regulated by the Consumer Credit Act 1974
Agreement No............................................
Owner: Arval UK Limited, Arval Centre, Windmill Hill, Swindon SN5 6PE
Hirer(s): <Removed>
Address: <Removed>
Postcode: <Removed>
KEY FINANCIAL INFORMATION
Description of the vehicle
Make NISSAN Date registered
Model QASHQAI DIESEL HATCHBACK (2014) Odometer reading (if used)
VIN/Chassis No. Colour
Registration/Serial No. Optional Extras Metallic paint
Charge (£) inclusive of VAT
Advance Payment 886.75
Advance Maintenance Charge 0.00
Following the Advance Payments above, the Hirer shall make 23 monthly Rentals (as defined in the Terms and Conditions) of £295.58 comprising of a Finance Charge (made up of depreciation,
interest and administration fee inclusive of VAT) of £295.58 [and an optional monthly Maintenance Charge of £.00 inclusive of VAT (if selected).] ARVAL shall invoice the Hirer for the Rental for the
initial month of the Contract Term and such invoice is to be paid within 15 days of its date.
The Contract Term is a period of 24 months. The Minimum Term is 12 months.
The Rentals may be varied under this Agreement in the following circumstances:
- The tax assumptions referred to in Clause 9.1 overleaf change or there is a change in the nature, method or application of relevant taxation in the United Kingdom in accordance with Clause 9.1
overleaf;
- There is a change to the Contract Term or Contract Mileage (as defined in the Terms and Conditions) in accordance with Clauses 2.1.4 to 2.1.6 overleaf;
- There is a change to the Vehicle licence excise cost in accordance with Clause 2.3 overleaf;
- The Hirer fails to keep ARVAL informed of any discounts or rebates agreed with the manufacturers of the Vehicle in accordance with Clause 3.6 overleaf.
On termination of this Agreement after the Minimum Term the Hirer may be liable for the difference between the net resale proceeds of the Vehicle (or the Vehicle's insurance proceeds) and the
ARVAL Written Down Value (as defined in the Terms and Conditions) at the date of termination, an administration fee of £25 plus VAT and any unpaid Rentals for the Minimum Term (see Clause
4.2 and 8.3 overleaf). An excess mileage charge of 5.040 pence for each mile travelled by the Vehicle in excess of the Contract Mileage of 20000 miles (or if applicable the Pro Rata Contract
Mileage (as defined in the Terms and Conditions)) during the Contract Term is also payable by the Hirer (see Clause 2.1.5).
KEY INFORMATION
If the Hirer does not pay any Rental or other sum due under this Agreement on the due date for payment or a direct debit payment received and/or claimed by ARVAL under this Agreement is
subsequently unpaid, returned or recalled, the Hirer will pay an administration fee of £25 plus VAT. The Hirer must pay interest on the unpaid amount, from the date the payment was due until the
day that ARVAL receives it, at the rate of 4% above NatWest Bank Base Rate from time to time after as well as before any judgment.
ARVAL has no responsibility for (and the Hirer accepts all responsibility for, (including taking all appropriate action) any fines or penalties for parking, driving or similar offences or contraventions in
connection with Vehicle (or any reasonable legal fees associated with the same) under Clause 10.1 overleaf. ARVAL shall also be entitled to charge the Hirer a reasonable administration fee for
any work carried out or documentation processed relating to such claims.
On termination of this Agreement under Clause 11 overleaf:
- ARVAL shall be entitled to recover all costs and expenses (including legal fees) incurred by ARVAL in enforcing its rights and remedies under this Agreement or otherwise (see Clause 12.1.2
overleaf);
- The Hirer may be liable to pay Rentals for the remainder of the unexpired Minimum Term (see Clause 4.3 overleaf) and interest on the difference between the net resale proceeds of the Vehicle
and the ARVAL Written Down Value at the date of termination (see Clause 12.1.3 overleaf).
The Hirer may also be liable to pay the following costs or charges under this Agreement:
- Repair costs invoiced by ARVAL to the Hirer on return of the Vehicle (see Clause 2.1.3 overleaf);
- An administration fee (currently £25 plus VAT) if the Hirer requests additional invoices or Vehicle Schedules (as defined in the Terms and Conditions) (see Clause 16.1 overleaf);
- An administration fee (currently £14.40 plus VAT) if the Hirer, with ARVAL's consent, uses the Vehicle outside of the UK (but within Europe) (see Clause 6.1.1 overleaf);
- Reimbursement to ARVAL for any services in relation to the Vehicle which have been purchased by the Hirer but fall outside of the services covered by the Maintenance Charges so are therefore
invoiced to ARVAL by the service supplier (see clause 2.2.3 overleaf).
This Agreement is not cancellable under the Consumer Credit Act 1974.
MISSING PAYMENTS
Missing payments could have severe consequences and may make obtaining credit more difficult.
IMPORTANT - READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS
The Consumer Credit Act 1974 covers this agreement and lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were
not, the owner cannot enforce this agreement against you without getting a court order.
If you would like to know more about your rights under the Act, contact either your local Trading Standards Department or your nearest Citizens' Advice Bureau.
HIRER SIGNATURE
This is a Hire Agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms.
Signature(s) of Hirer(s)
{{$a }}
{{$b }}
Date(s) of signature(s) {{_es_:signer1:date}}
Under this Agreement the goods do not become your property and you must not sell them.
The above signed (the "Hirer") hereby agrees to this Agreement for the provision of contract hire and associated services and submits this Agreement for ARVAL's approval. The Hirer undertakes
that the information given in connection with this Agreement is true and complete. The Hirer consents to ARVAL making such enquiries with credit reference agencies and other third parties, as it
shall consider necessary regarding this Agreement, and accepts that ARVAL reserves the right in its absolute discretion to reject this Agreement without being required to state any reason. If this
Agreement is accepted by ARVAL, the Hirer agrees to be bound the terms of this Agreement, and that upon acceptance, the Hirer shall pay the Rentals (including VAT) as shown above on page 1
of this Agreement, together with all other charges specified.
ORIGINAL (ARVAL) COPY
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<Removed>
Nov 26, 2015
OUR SIGNATURE
Signed for and on behalf of ARVAL
Signed
Date 26/11/2015 which is the date of this Agreement
HIRER'S DETAILS
Contact Name: <Removed>
Tel: <Removed>
Fax:
E-mail: <Removed>
DATA PROTECTION
By signing this Agreement you agree that we may make credit searches against you and obtain information about you. We, our Group companies and/or other selected third party companies may
use the information obtained about you or this Agreement and from time to time contact you about goods or services that may be of interest to you. For full details see the Marketing box below and
Clause 19.
MARKETING
Your personal details may be used by ARVAL and the BNP Paribas Group of Companies, to send to you information about our similar products or services to those you have purchased and which
we consider may be of interest to you. By signing this Agreement, you are indicating your consent to receive marketing communications via post, email, SMS and telephone.
If you do not wish to receive such communications please tick: {{[]mar5_es_:signer1}}
For full details as to how you can change your marketing preferences at any time, please see Clause 19.
RELIEF VEHICLE
Please supply a relief vehicle, as per clause 2.2.4. {{[]rel5_es_:signer1}}
ORIGINAL (ARVAL) COPY
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✔
1. DEFINITIONS: In this Agreement unless the context otherwise requires:-
1.1 "ACTUAL MILEAGE" shall mean the mileage of the Vehicle recorded on the milometer and noted in the condition report for a Vehicle at the end of the Contract Term or if later the actual
date of return of a Vehicle to ARVAL or, if that figure should be incorrect in the opinion of ARVAL, then such mileage as shall be reasonably calculated by ARVAL from its records of the
Vehicle.
1.2 "ARVAL" shall mean ARVAL UK Limited (registration number 1073098) whose registered office is at ARVAL Centre, Windmill Hill, Swindon, SN5 6PE.
1.3 "ARVAL Written Down Value" shall mean the book value to which a Vehicle is reduced month by month as a result of depreciation.
1.4 "AUTHORISED SUPPLIER" shall mean an ARVAL approved supplier which provides services under this Agreement.
1.5 "BVRLA" shall mean the British Vehicle Rental and Leasing Association.
1.6 "CONTRACT MILEAGE" shall mean the mileage agreed at the commencement of the Contract Term (as detailed in page 1 of this Agreement) as the mileage which the Vehicle will cover
during the Contract Term.
1.7 "CONTRACT TERM" shall mean the period the Vehicle is to be under hire, commencing either on the date the Vehicle is delivered to the Hirer or its representative or forty eight (48) hours
from the time ARVAL notifies the Hirer that the Vehicle is available for delivery (whichever is earlier), and continuing until the end of the Contract Term as detailed in page 1 of this
Agreement.
1.8 "HIRER" shall mean the person named at page 1 of this Agreement.
1.9 "MAINTENANCE CHARGE" shall mean a fixed monthly fee (forming part of the Rentals, if relevant) payable over the Contract Term and covering certain services as described in Clause
2.
1.10 "MINIMUM TERM" shall mean a period of 12 months commencing at the start of the Contract Term.
1.11 "PARTIES" means the parties to this Agreement and Party shall be construed accordingly.
1.12 "PENCE PER EXCESS MILE" shall mean the amount specified in page 1 of this Agreement by which the Actual Mileage in excess of the Contract Mileage (or if applicable the Pro Rata
Contract Mileage) is multiplied at the end of the Vehicle's Contract Term or later return to ARVAL, or in the event of early termination.
1.13 "PRO RATA CONTRACT MILEAGE" shall mean, where a Vehicle is returned before or after the Contract Term, the total mileage allowance calculated by dividing the Contract Mileage by
the Contract Term to produce a daily allowance which shall be multiplied by the total number of days which the Vehicle is provided to the Hirer.
1.14 "RENTAL" shall mean the sum of the depreciation, interest charges and administration fee ('Finance Charge') and the Maintenance Charge.
1.15 'VEHICLE" shall mean a private passenger motor vehicle or a light commercial vehicle, (including any extras as described) which is hired or proposed to be hired under this Agreement
and set out on page 1.
1.16 "VEHICLE SCHEDULE" shall mean a notice in writing for the Vehicle confirming the new Rental payable by the Hirer and/or the new Contract Term and the new Contract Mileage.
2. HIRE OF THE VEHICLE
2.1 Order, Delivery and Return
2.1.1 Upon acceptance by ARVAL of this signed Agreement from the Hirer (for the avoidance of doubt final acceptance by ARVAL shall mean a signed copy of this Agreement sent
by ARVAL to the Hirer), ARVAL will arrange for the purchase of a new Vehicle from a supplier that is duly authorised and approved by ARVAL and delivery of the Vehicle to a
location requested by the Hirer. ARVAL will use its reasonable endeavours to ensure delivery of the Vehicle to the Hirer or its representative on the date requested by the Hirer.
Any cancellation charges which may be reasonably incurred by ARVAL where the Hirer cancels the Vehicle must be paid by the Hirer.
2.1.2 Where the Vehicle is delivered to the Hirer, the Hirer will hold such Vehicle subject to all the provisions of this Agreement.
2.1.3 At the end of the Contract Term (or on early termination of this Agreement or late return of the Vehicle) the Hirer will make the Vehicle available for collection. A representative
on behalf of ARVAL will complete an initial report on the mechanical and bodywork condition of the Vehicle including its milometer reading. The Hirer or its representative will
sign a copy of that report upon agreement of its content ARVAL shall invoice the Hirer for the cost of repairs (whether or not carried out) to a Vehicle returned to ARVAL that is
subject to damage which, in accordance with the BVRLA Fair Wear and Tear Guide for the Contract Hire Industry, would constitute unfair wear and tear and/or for any
diminution of the value of the Vehicle resulting from a previous repair to the Vehicle. All invoices for unfair wear and tear charges must be paid by the Hirer in accordance with
Clause 3 of this Agreement.
2.1.4 ARVAL has a right to vary the agreed Contract Term and Contract Mileage. ARVAL will only exercise this right where the Minimum Term has expired and if the Hirer has told
ARVAL that the current Contract Term and/or Contract Mileage is no longer appropriate and indicated an alternative preference. If such a variation is made by ARVAL, a new
Vehicle Schedule will be sent to the Hirer which will specify the new Rental (and, where relevant, further administration charge) payable by the Hirer, the new Contract Term and
the new Contract Mileage (as relevant). This shall supersede the previous Vehicle Schedule. Until any new Vehicle Schedule is provided or the Vehicle is returned, the monthly
Rental set out in page 1 of this Agreement or in the existing Vehicle Schedule (as relevant) will continue to be paid by the Hirer.
2.1.5 If, at any time during the Contract Term, the mileage of the Vehicle is greater or less than its Contract Mileage (pro rata) by more than 20%, ARVAL reserves the right to amend
the Contract Term, Contract Mileage and Rental.
2.1.6 When the Vehicle is returned to ARVAL, ARVAL shall calculate the amount by which the Actual Mileage exceeds the Contract Mileage (or if applicable the Pro Rata Contract
Mileage) and multiply that figure by the appropriate Pence Per Excess Mile. Any resulting charge will be invoiced pursuant to Clause 3.
2.2 Maintenance Charge
2.2.1 Payment of the Maintenance Charge shall cover certain Vehicle maintenance costs where the Hirer has elected ARVAL's service, maintenance and repair scheme on page 1 of
this Agreement. Where a Hirer has incurred reasonable costs either in respect of tyre repairs/replacement due to fair wear and tear or emergency maintenance or repairs to a
Vehicle outside the United Kingdom then ARVAL shall reimburse these costs to the Hirer, subject to the works being performed with reasonable skill and care, the costs being
agreed in advance with ARVAL and the Hirer complying with this Agreement. The Hirer will reimburse ARVAL in full plus VAT where ARVAL is not reasonably satisfied with the
standard or costs of the works.
2.2.2 The Maintenance Charge does not cover the provision of any Vehicle maintenance costs or other costs covered by a manufacturer's warranty or if they result from neglect,
abuse of and/or an accident with the Vehicle.
2.2.3 If the Hirer has requested ARVAL's service, maintenance and repair scheme at page 1 of this Agreement, the Hirer may obtain servicing, mechanical repairs, tyres, batteries,
exhausts, windscreens, vehicle breakdown services and car hire (when arranged through ARVAL) for the Vehicle to which it relates from garages or suppliers appointed by
ARVAL as network suppliers, in accordance with the procedures set out in this Agreement. Where the Hirer purchases services which are not covered by the Maintenance
Charge, the Hirer agrees where payment is requested from ARVAL to reimburse ARVAL for such items or services, without deduction in accordance with Clause 3 of this
Agreement.
2.2.4 If page 1 of this Agreement identifies the Vehicle as being subject to ARVAL's service, maintenance and repair scheme, then the Maintenance Charge shall also cover certain
vehicle maintenance costs which will be limited to the provision of:
(i) routine servicing of the Vehicle only in accordance with the Vehicle manufacturer's schedule for service, maintenance and repair of that specific Vehicle;
(ii) for cars, all tyre repairs/replacement unless due to loss, theft, vandalism, neglect, abuse or persistent damage and for light commercial vehicles all repairs/replacements
due to fair wear and tear;
(iii) emergency maintenance or repairs to the Vehicle;
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(iv) emergency breakdown assistance cover for "Roadside" and "At Home" breakdown services;
(v) a current MOT test certificate when this becomes necessary;
(vi) provision of a relief vehicle (if identified in page 2 of this Agreement and paid for as part of the Rental) in the event of the Vehicle being unavailable for use (or unavailable
for use for a period greater than 48 hours) due to mechanical failure for a maximum period of 28 days (excluding weekends and Bank Holidays if the Vehicle is delivered
for repairs immediately prior to that excepting genuine emergency repairs) for any one occurrence.
2.3 The Vehicle will be delivered validly licenced with vehicle excise, the cost of such and any subsequent vehicle excise licenses will be included in the Finance Charge (the finance element
of the Rental) as detailed on page 1 of this Agreement. The Hirer shall be liable for any increase to vehicle excise licence costs.
3. INVOICING AND PAYMENT
3.1 The Hirer shall, subject to the provisions of this Agreement and the Vehicle Schedule pay to ARVAL the Rentals in respect of the Vehicle for the duration of the Contract Term or the later
return of the Vehicle to ARVAL.
3.2 If the Hirer is required to make Advanced Rentals as set out in page 1 of this Agreement ARVAL will collect these Advance Rentals after the start of the Contract Term. ARVAL shall
invoice the Hirer for the Rental for the initial month of the Contract Term and such invoice is to be paid within 15 days of its date.
3.3 ARVAL shall send to the Hirer Invoices: (a) on a monthly basis to show the total Rentals payable for all Vehicles for the relevant period and any other charges or fees for Vehicle related
services (including car hire) payable by the Hirer pursuant to this Agreement, such invoices to be paid by the Hirer within 15 days of the date of the invoice; and (b) when other charges
arise as are due under the terms of this Agreement, such invoices to be paid within 30 days of their due date. The Hirer shall make payment of all sums due under this Agreement by
direct debit (a direct debit instruction must be completed for this purpose). Value Added Tax (VAT) at the prevailing rate will be added to all sums due by the Hirer as appropriate.
3.4 If as a result of a breach of this Agreement by the Hirer, ARVAL is unable to collect any payments due under this Agreement on their due dates the Hirer will pay ARVAL interest on such
overdue payments at the rate of 4% above the National Westminster Bank Plc base rate before and after judgment.
3.5 In calculating its fees under this Agreement, ARVAL has taken into account any fees, discounts, rebates or commissions that it may receive from any Authorised Supplier in relation to
Vehicles or services. Authorised Supplier's invoices may include such amounts.
3.6 The Hirer shall notify ARVAL of any rebates or discounts that they have agreed with manufacturers and provide copies of the agreement to ARVAL. Where the Hirer fails to provide copies
of any agreement with a manufacturer or fails to keep ARVAL notified of any such discounts or rebates then ARVAL reserves the right to amend the relevant Rentals appropriately or
request a separate payment.
3.7 ARVAL is entitled to set off any amounts due from the Hirer against any amount due to be paid to the Hirer under this Agreement.
4. EARLY TERMINATION OF CONTRACT HIRE VEHICLES
4.1 At any time after the Minimum Term the Hirer may elect to terminate the hire of the Vehicle before the end of its Contract Term. The Hirer must give ARVAL one month's notice in writing of
the date the Vehicle will be available for collection and the Contract Term will terminate on the date the Vehicle is made available for collection.
4.2 The Hirer shall not be entitled to a refund of any Rentals paid in advance (and amounts invoiced shall remain due) even though they relate to a period following the date of termination. In
the event of early termination ARVAL shall calculate the difference between the net resale proceeds and the ARVAL Written Down Value at the date of termination, plus ARVAL's standard
early termination administration fee plus VAT. Where a charge results from the reconciliation, ARVAL will invoice the Hirer and the Hirer shall pay in accordance with Clause 3 of this
Agreement.
4.3 Where this Agreement terminates at any time before the expiry of the Minimum Term, the Hirer shall, in addition to any amounts payable under Clause 4.2, pay ARVAL any unpaid
Rentals for the unexpired Minimum Term.
5. REVIEW AND ABATEMENT OF RENTALS
5.1 There shall be no change to the Rentals during the time required for any servicing, repair or rectification of the Vehicle or during the period pending termination as a result of the Vehicle
being stolen, totally destroyed or damaged beyond economical repair.
6. USE AND REPAIR
6.1 The Hirer shall:
6.1.1 Use or permit the use of the Vehicle for lawful purposes only, within the United Kingdom and, with ARVAL's prior consent (and ARVAL may charge a reasonable administration
fee plus VAT for providing its consent), for occasional journeys on the Continent of Europe and in the Republic of Ireland provided the Vehicle is comprehensively insured for
such use by the Hirer in accordance with Clause 8:
6.1.2 Not permit the Vehicle to be used for racing or rallying or as a taxi or hire car;
6.1.3 Not permit the Vehicle to be used for towing or any towing equipment to be fitted to the Vehicle without ARVAL's prior written consent such consent not to be unreasonably
withheld;
6.1.4 Not make modifications to the Vehicle or fit or replace any non-standard parts or accessories;
6.1.5 Not paint any words or logos on the Vehicle or otherwise alter the paintwork without the prior written consent of ARVAL and ensure the bodywork is cleaned regularly to
preserve its condition;
6.1.6 Ensure the Vehicle is serviced at the manufacturer's recommended service intervals, and any other occasions when faults arise and will at all times ensure that the tyre
pressures, oil and coolant levels and anti-freeze levels or similar matters are maintained to the manufacturer's specifications;
6.1.7 Ensure that a current MOT test certificate is obtained for the Vehicle when this becomes necessary and will not allow the Vehicle to be used without a current certificate in force
when applicable;
6.1.8 Allow ARVAL to inspect the Vehicle on reasonable notice;
6.1.9 At its own expense comply with and cause all persons operating the Vehicle to comply with all applicable statutory and any other legal requirements, and with all conditions of
the insurance policies relating to the Vehicle;
6.1.10 At its own expense comply with any directions, conditions or recommendations notified to it by ARVAL where ARVAL has received notification that the Vehicle is required to be
returned to its manufacturer in order to rectify a defect.
7. PROPERTY AND REGISTRATION
7.1 Although the Vehicle will be possessed by the Hirer, this Agreement confers no right of property in or ownership of the Vehicle on the Hirer, and accordingly the Hirer shall not offer for
sale, lend, hire, mortgage, charge, assign, sub lease, or otherwise deal with or part with possession of the Vehicle.
8. INSURANCE
8.1 The Hirer shall at its own cost keep the Vehicle hired comprehensively insured in the name of the Hirer with a reputable insurance company, with a note of ARVAL's interest endorsed on
the policy until the Vehicle is returned to ARVAL or a representative of ARVAL.
8.2 The Hirer will produce on an annual basis such evidence of the insurance policy as ARVAL may reasonably require and will not allow the policy to lapse nor materially change the terms of
such policy without ARVAL's written permission, such permission not to be unreasonably withheld or delayed.
8.3 In the event that the Vehicle is stolen or, in the opinion of the insurance company, damaged beyond economical repair, the Hirer will notify ARVAL immediately. The Hirer hereby assigns
to ARVAL the right to receive any monies due from the insurers. The Contract Term will terminate on receipt by ARVAL of such insurance monies or upon notification to ARVAL that the
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insurers have declined or refused to make any payment under the insurance policy and ARVAL will calculate the difference between the insurance proceeds received and the ARVAL
Written Down Value at the date of termination of the Contract Term plus ARVAL's standard early termination administration fee plus VAT to produce a charge or credit. Any charge will be
invoiced to the Hirer. ARVAL will also determine the difference between the total Maintenance Charges received and the total amounts invoiced to ARVAL (or authorised by ARVAL but
not yet invoiced to ARVAL) for maintenance on the Vehicle to produce a charge or credit. Any charge will be charged to the Hirer.
9. TAXATION
9.1 Rentals have been calculated assuming that writing down allowances at the prevailing rate at the date of this Agreement will be obtained and retained by ARVAL and that Corporation Tax
will apply at the prevailing rate at the issue date of this Agreement. If these assumptions are not correct and there is a change in the method, timing, practice, application or type of tax
which causes a reduction in ARVAL's return on this Agreement or a reduction in the net proceeds of sale of a Vehicle, then the Hirer may have to pay extra Rentals inclusive of VAT to
cover this.
9.2 If the rate of VAT changes, the Rental and any other payments which are subject to VAT will change accordingly.
10. LIABILITY AND INDEMNITY
10.1 ARVAL has no responsibility for (and the Hirer accepts all responsibility for, including taking all appropriate action) any claims, liabilities, losses, damages, or expenses (including legal
fees) and any liability resulting from legislation for the payment of fines or penalties for parking, driving or similar offences or contraventions in connection with Vehicle. ARVAL shall be
entitled to charge the Hirer a reasonable administration fee for any work carried out or documentation processed relating to such fines, penalties or contraventions.
10.2 Where the Hirer is two or more persons each is separately liable and all are jointly liable under this Agreement. ARVAL may therefore demand sums due under this Agreement for one or
both of the joint Hirers.
10.3 ARVAL gives no warranty or representation whatever with respect to any Vehicle hired or proposed to be hired under this Agreement, and all conditions, terms, representations and
warranties, whether express, implied, statutory or otherwise, except as expressly included in this Agreement, are excluded (save where such terms cannot be excluded). The Hirer shall be
entitled to the benefit of any conditions or warranties which may have been given by the manufacturer and/or supplier only in so far as they may be transferred by ARVAL.
10.4 The Hirer shall not make any representations and warranties at all in respect of any Vehicle and further, Hirer shall accept all responsibility for any liability ARVAL may incur to a purchaser
of the Vehicle in respect of the quality or fitness for purpose, or any description or representation that may have been applied or made in relation to such Vehicle by the Hirer or its
employees or its agents.
10.5 ARVAL shall in no circumstances be liable to the Hirer for any loss of profit, loss of revenue, loss of use, loss of contract, loss of goodwill, loss of anticipated savings, lost management
time, increased cost of working or any indirect economic or consequential loss, in each case whether arising in contract, tort (including negligence), breach of statutory duty or otherwise
and whether or not the possibility of such loss arising on a particular breach of contract or duty has been brought to ARVAL's attention at the time of making this Agreement (save where
by statute such loss cannot be excluded).
11. DEFAULT
11.1 ARVAL may by notice in writing to the Hirer (as required by the Consumer Credit Act 1974) terminate all the rights of the Hirer under this Agreement and in respect of the Vehicle hired if
the Hirer:
11.1.1 fails to pay any of the Rentals or any other payment due under this Agreement by the time it is due;
11.1.2 materially breaches any other provision of this Agreement and either such breach is in ARVAL's opinion not capable of remedy or such breach is in ARVAL's opinion capable of
remedy and is not remedied within 21 days after the earlier of ARVAL's notice requiring such remedy or the date on which the Hirer first becomes aware of such breach;
11.1.3 has given ARVAL any untrue statement or false information on which ARVAL has relied on;
11.1.4 presents, or has presented against the Hirer, a petition for bankruptcy;
11.1.5 calls a meeting of, or enters into any arrangement with its creditors;
11.1.6 becomes located in Scotland and any analogous events to those contained in Clauses 11.1.4 and 11.1.5 above occur in relation to the Hirer;
11.1.7 does or causes to be done or permits or suffers any act or thing whereby ARVAL's ownership or rights in the Vehicle or the ownership of and Vehicles hired to ARVAL by a
supplier have been or may be prejudiced;
11.1.8 undergoes any material adverse change in the Hirer's property, other assets or condition, financial or otherwise since the date of this Agreement;
11.1.9 defaults under this Agreement or an event of default occurs under any other agreement between (1) ARVAL and (2) the Hirer; or
11.1.10 breaches the terms of any agreement between it and a third party relating to the borrowing of more than £25,000. "Borrowing" includes any form of postponed payment and
includes debt owed under a guarantee or other contingent agreement.
11.2 The Hirer shall promptly inform ARVAL of the occurrence of any event referred to in Clause 11.1 above.
12. CONSEQUENCES OF DEFAULT
12.1 The following shall apply upon termination of this Agreement:
12.1.1 the Vehicle hired shall cease to be in possession of the Hirer with the consent of ARVAL, and the Vehicle shall be surrendered to ARVAL in good order, repair, and running
condition, and ARVAL shall be entitled to enter onto the Hirer's premises and retake possession of the Vehicle. The Hirer shall promptly deliver to ARVAL all documents which
ARVAL may require to sell such Vehicle and register the same in the name of any purchaser;
12.1.2 the Contract Term for such Vehicle shall terminate and ARVAL shall recover from the Hirer in respect of such Vehicle all Rentals and all other fees and charges due and unpaid
for the Contract Term, together with all costs and expenses (including legal fees) incurred by ARVAL in the enforcement of its rights and remedies under this Agreement or
otherwise;
12.1.3 ARVAL will carry out the early termination calculation pursuant to Clause 4 for the Vehicle. The Hirer will pay any net charge to ARVAL within 14 days of written demand and in
default of payment, interest at the rate and on the terms of sub-Clause 3.4.
13. ASSIGNMENT AND AGENCY
13.1 ARVAL may assign, transfer, dispose of or create any interest in or over any of its rights and obligations under this Agreement, without the consent of the Hirer. ARVAL may for the
purposes of carrying out any of the services under this Agreement appoint as its agent any other company within the ARVAL group of companies.
13.2 This Agreement shall not be assignable by the Hirer, nor shall the Hirer be entitled to sub-hire any Vehicle without the written consent of ARVAL.
14. FINANCIAL INFORMATION
14.1 The Hirer shall deliver to ARVAL such information or documentation, including the annual reports, concerning the Hirer's financial position as ARVAL may from time to time reasonably
request.
15. ADMINISTRATION FEES AND CHARGES
15.1 The administration fees and charges stated in page 1 of this Agreement are stated at ARVAL's current rate. We can change these fees or charges at any time to proportionately reflect
legitimate increases or reductions in the costs of providing the Vehicle(s) or services. We can also change charges for any other valid reason and will notify the Hirer of any such change in
writing.
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16. COPIES OF DOCUMENTS
16.1 ARVAL is entitled to charge an administration fee plus VAT if requested by the Hirer to provide additional copies of invoices or the Vehicle Schedules as set out on page 1.
17 NOTICES
17.1 Any notice shall be deemed given if sent by first class post or facsimile transfer to the other party at the address stated above and shall be deemed received on the second business day
after posting or the next day after transmitting.
18. DATA
18.1 ARVAL shall have the right to use and market de-personalised statistical data collected in the provision of services to the Hirer.
19. DATA PROTECTION
19.1 To the extent that ARVAL determine the manner and the purpose of processing, it acknowledges that it is a Data Controller (as defined by the Data Protection Act 1998) of the Hirer's
personal data. It undertakes to act in accordance with the Data Protection Act 1998 at all times (including having in place adequate levels of security in respect of such data).
19.2 The BNP Paribas Group of Companies of which ARVAL forms part, its joint ventures and joint ventures of its group, both current and in the future, as it develops new business either on its
own or with others, will use the Hirer's personal information for the following purposes: (i) to identify the Hirer when the Hirer contacts ARVAL; (ii) to help administer, and contact the Hirer
about improved administration of, any accounts, services and products ARVAL have provided before, or provide now or in the future; (iii) to carry out marketing analysis and customer
profiling (including with transactional information), conduct research, including creating statistical and testing information using data provided by the Hirer; (iv) to help to prevent and detect
fraud or loss; and (v) to allow ARVAL's insurance management contractor to contact the Hirer to establish if the Hirer has obtained the insurance cover required by this Agreement. Further
details are contained in clause 19.5 and 19.6. A list of ARVAL's group companies and joint ventures can be obtained by contacting ARVAL's Customer Services Department whose
contact details can be found in clause 19.6.2 (below).
19.3 In considering the Hirer's application, ARVAL will search the Hirer's records at credit reference agencies and fraud prevention agencies. ARVAL will add to the Hirer's record details of
ARVAL's search, whether or not this application proceeds and the Hirer's application and these search results will be seen by other organisations that make searches. ARVAL may use a
credit scoring system when assessing the Hirer's application. ARVAL will also add to the Hirer's record with the credit reference agencies details of the Hirer's payments and any default or
failures under this Agreement. ARVAL will also make periodic searches of the Hirer's records during the life of this Agreement. It is important that the Hirer gives accurate information to
ARVAL. If the Hirer gives false or inaccurate information and ARVAL identifies fraud, ARVAL will provide this information to fraud prevention agencies, Law enforcement agencies and
other organisations involved in crime and fraud prevention.
Before entering into this Agreement ARVAL may search records at credit reference agencies, which may be linked to the Hirer's spouse/partner, or other persons with whom the Hirer is
linked financially. For the purposes of this application the Hirer may be treated as financially linked and the Hirer will be assessed with reference to "associated records". ARVAL, the credit
reference agencies and the fraud prevention agencies will also use the Hirer's records for statistical analysis about credit, insurance and fraud. All organisations that collect and process
personal data are regulated by the Data Protection Act 1998, overseen by the Information Commissioner's Office. All credit reference agencies are in regular dialogue with the Information
Commissioner. Use of the Electoral Register is controlled under the Representation of the People Act 2000.
19.4 When credit reference agencies receive a search from ARVAL they will:
19.4.1.1 place a search "footprint" on the Hirer's credit file 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 the Hirer applies for credit in the future; and
19.4.1.2 link together the records of the Hirer and anyone that the Hirer has advised is their financial associate including previous and subsequent names of parties to the account. Links
between financial associates will remain on the Hirer's and their files until such time as the Hirer or the Hirer's spouse/partner, or other persons with whom the Hirer is linked
financially successfully files for a disassociation with the credit reference agencies
They will also supply to ARVAL:
19.4.2.1 credit information such as previous applications and the conduct of the accounts in the Hirer's name and of the Hirer's associate(s) (if there is a link between the Hirer - see
19.4.1.2 above) and/or the Hirer's business accounts (if the Hirer has one);
19.4.2.2 public information such as County Court Judgments (CCJ's) and bankruptcies;
19.4.2.3 electoral Register information; and
19.4.2.4 fraud prevention information.
If the Hirer is provided with a finance facility and the Hirer does not repay in full and on time, ARVAL may tell credit reference agencies who will record the outstanding debt. These records
will be shared with Fraud Prevention Agencies, other organisations and may be used and shared by ARVAL and them to:
19.4.3.1 consider applications for credit and credit related services or other facilities, for the Hirer and any associated person; and
19.4.3.2 trace debtors, recover debts, prevent or detect money laundering and fraud and to manage the Hirer's account(s).
Records shared with credit reference agencies remain on file for 6 years after they are closed whether settled by the Hirer or defaulted.
Fraud prevention agency records will also be shared with other organisations to help make decisions on motor, household, credit, life and other insurance proposals and insurance claims,
for the Hirer and members of the Hirer's household, managing credit and credit related accounts or facilities and checking details of job applicants and employees. ARVAL and other
organisations may access and use from other countries the information recorded by fraud prevention agencies. The Hirer may, by telephoning ARVAL's Customer Services department on
0800 046464 obtain details of those credit reference and fraud prevention agencies from whom ARVAL obtains and to whom ARVAL passes information about the Hirer. The Hirer have a
legal right to these details. Further details explaining how the information held by fraud prevention agencies may be used can also be obtained by telephoning ARVAL's Customer Services
department (on the number above).
The Hirer agrees that ARVAL may hold and process by computer or otherwise any information obtained about them in connection with this Agreement and any other applications the Hirer
has made to, and any Agreement the Hirer may have with ARVAL.
19.5 The Hirer agrees that ARVAL may use the information referred to above and disclose it to the party who introduced the Hirer to ARVAL and to other members of ARVAL's group of
companies, for the purposes of reviewing the conduct of this Agreement for credit assessment, for administering and servicing this Agreement and to enable ARVAL to carry out statistical
analysis. ARVAL may also disclose information obtained about the Hirer in connection with this Agreement to ARVAL's agent companies, insurers, suppliers, advisers and any person to
whom ARVAL assigns its rights under this Agreement.
19.6 In relation to marketing, ARVAL may:
19.6.1 disclose information to other members of ARVAL's group of companies so that they can use it to market their products and services which may be of interest to the Hirer,
ARVAL will only do this in circumstances where the Hirer has explicitly consented to the use of their personal information in this way; and
19.6.2 contact the Hirer in the ways described in this data protection statement or in any other way about ARVAL's similar products and services to those the Hirer has purchased,
unless the Hirer tells ARVAL that they would prefer not to receive such marketing information. The Hirer can contact http://www.arval.co.uk/portal/web/guest/contact-us at any
time to opt-out of receiving such marketing.
19.7 From time to time, service providers and organisations with whom ARVAL work to provide services to the Hirer or credit reference agencies with which ARVAL work, may be located
outside the European Economic Area in countries that do not have the same standards of protection for personal data as the UK. ARVAL will, however, always use every reasonable effort
to ensure sufficient protections are in place to safeguard the Hirer's Personal Data.
19.8 Where the Hirer has been provided with a finance facility by ARVAL or may enter into a finance account facility with ARVAL, ARVAL will give details of the Hirer's personal and/or business
account (if the Hirer has one), including names and parties to the account and how the Hirer manages it/them to credit reference agencies.
19.9 The Hirer has the right to ask ARVAL to correct incorrect data which we may hold about the Hirer. The Hirer also has the right, upon payment of a fee and applying to ARVAL in writing, to
obtain a copy of the information held by ARVAL about the Hirer. To do so the Hirer can write to The Database Controller, Arval UK Limited, Arval Centre, Windmill Hill, Swindon, SN5 6PE.
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20. NO PARTNERSHIP OR AGENCY
20.1 Nothing in this Agreement (unless set out to the contrary) is intended to, or shall be deemed to, constitute any partnership or joint venture between any of the Parties, constitute any Party
becoming the agent of another Party, nor authorise any Party to make or enter into any commitments for and on behalf of any other Party.
21. THIRD PARTIES
21.1 A person who is not a Party to this Agreement may not enforce any of its terms under the Contract (Rights of Third Parties) Act 1999.
22. CONFIDENTIALITY
22.1 Neither Party will disclose to any person, partnership, registered company or any other entity (except as required by statute, regulatory agency ruling or court order) any information, facts,
data or trade secrets of any kind or nature whatsoever which relate to the business of the other which such Party (or any of its agents or employees if relevant) has gained knowledge
through the relationship contemplated by this Agreement, whether before, during the term of, or after the date of this Agreement. The above does not include any information, facts, data
or trade secrets which are in the public domain or which were known to the Parties (other than those disclosed in contravention of this Clause).
23. EVENTS OUTSIDE ARVAL'S CONTROL
23.1 ARVAL shall not be liable to the Hirer for any failure to perform, or delay in performing, any of its obligations if and to the extent that the failure is caused by events outside ARVAL's
control (to include without limitation: act of God, war, fire, flood, explosion, civil commotion, terrorism and counter terrorism). The time for performance of an obligation which is affected by
such an event shall be extended by a period which reflects the impact of the delay caused by that event.
24. NO WAIVER
24.1 Any delay or failure by either Party in exercising any right, power or privilege under this Agreement shall not constitute a waiver of such right, power or privilege.
25. SCOPE OF AGREEMENT
25.1 This Agreement and any Vehicle Schedule issued under it constitute the entire understanding of the Parties. In the event of any inconsistencies between any of these documents, their
terms shall apply in the following order of precedence: (1) this Agreement; and (2) the Vehicle Schedule.
25.2 This Agreement shall be governed by the laws of England and the Parties submit to the exclusive jurisdiction of the courts of England and Wales in relation to any matter arising out of this
Agreement. Any contractual, non-contractual, civil or commercial dispute, issue or claim or any other contentious matter arising in connection with this Agreement shall be submitted to the
exclusive jurisdiction of the courts of England.
25.3 By signing this Agreement, the Hirer confirms and agrees that ARVAL may rely on an electronic signature from the Hirer in relation to the Agreement and that ARVAL may retain copies
(paper, electronic or otherwise) of any documents relating to this Agreement in a form preserving an image of any such documents, including signatures in lieu of any original documents.
The Customer hereby waives any objection to the use of such records in lieu of their paper equivalents for any purpose and in any forum, venue or jurisdiction.
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Instruction to your
Bank or Building Society
to pay by Direct Debit
Name(s) of Account Holder(s)
{{$dda }}
{{$ddb }}
Bank/Building Society account number
{{$ddc }}
Branch Sort Code
{{$ddk }}
Name and full postal address of your Bank or Building
Society
To: The Manager Bank/Building Society
{{*manager_es_:signer1 }}
Address
{{*address1_es_:signer1 }}
{{address2_es_:signer1 }}
{{address3_es_:signer1 }}
Postcode
{{*pc_es_:signer1}}
Originator's Identification Number
9 8 2 6 5 8
Reference Number
<Removed>
Instruction to your Bank or Building Society
Please pay ARVAL UK LTD Direct Debits from the
account detailed in this Instruction subject to the
Safeguards assured by the Direct Debit Guarantee.
I understand that this Instruction may remain with
ARVAL UK LTD and, if so, details will be passed
electronically to my Bank/Building Society.
Signature(s)
{{$ddl }}
{{$ddm }}
Date {{_es_:signer1:date}}
....................................................................................................................................................................................................................................
----This guarantee should be retained by the Payer----
The Direct Debit Guarantee
• This Guarantee is offered by all banks and building societies that accept instructions to pay by Direct Debit.
•
If there are any changes to the amount, date or frequency of your Direct Debit ARVAL UK LTD will notify you 5 working days in
advance of your account being debited or as otherwise agreed. If you request ARVAL UK LTD to collect a payment, confirmation of
the amount and date will be given to you at the time of the request.
•
If an error is made in the payment of your Direct Debit by ARVAL UK LTD or your bank or building society, you are entitled to a full
and immediate refund of the amount paid from your bank or building society - If you receive a refund you are not entitled to, you must
pay it back when ARVAL UK LTD asks you to.
• You can cancel a Direct Debit at any time by simply contacting your bank or building society. Written confirmation may be required.
Please also notify us.
Page 16 of 16
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<Removed>
<Removed>
Vehicle Order Form
About your Contract
Prepared By <Removed>
Finance Product Personal Contract Hire
Driver
Customer Reference Number
Contract Term 24 Months / 20,000 miles
Services Provided
Pence per Excess Mile 4.200 pence per mile
About your Vehicle
Specification NISSAN QASHQAI DIESEL HATCHBACK
(2014) 1.5 dCi Tekna 5dr
Exterior Colour
Interior Colour Standard
CO2 Emissions 103
Extras Metallic paint
Initial Payment <Removed>
Equivalent to 3 monthly payments
Subsequent Payments
<Removed>
Commencing in month 2 and every month
thereafter for 23 months
All rentals include VAT
Return Vehicle Details
No return vehicle details
You are/your company is responsible for insuring the vehicle in accordance with
your contract with Arval.
If Bluetooth is listed as an extra, the value is included in the P11D value.
In line with HMRC EIM2178, if the primary purpose of Bluetooth is for hands free
mobile use, you may be able to exclude it from the P11D value.
To accept the terms of
this Vehicle Order, please:
1. Complete the declaration below
2. Keep a copy for your records
Declaration
I understand and agree that:
1. I have submitted this Vehicle Order in accordance with my company's policy
and am authorised to do so (if applicable)
2. If this Vehicle Order is accepted by Arval, the Vehicle will be subject to the
terms of the contract in place with Arval
3. I will be responsible for the use and maintenance of the Vehicle in
accordance with the terms of contract, my company car policy and the general
policies of my company, if applicable
4. I may be personally liable to my company for fines, penalties and damage to
the Vehicle
5. I understand the implications to me of current tax legislation and that future
changes may affect my tax liability
6. I confirm that my personal details are correct and that Arval may use, store,
collect and process my personal data in connection with products and services
detailed on this Vehicle Order and may provide my personal data to third
parties for the purposes of providing products and services to me and/or my
company. Arval will manage your personal data in accordance with all relevant
regulation and legislation
7. If you are signing this order as an authorising manager then points 3-6 do
not apply and you confirm that you have obtained the driver's consent to make
the declaration at point 6 (consent may have been obtained under your
employment contract)
Print Name
{{_es_:signer1:fullname }}
Job title
{{_es_:signer1:title }}
Signed for and on behalf of the hirer
{{_es_:signer1:signature }}
Date
{{_es_:signer1:calc(date(now())):format(date,"dd mm yyyy")}}
- subject to any changes in manufacturer's price
- subject to VAT at the prevailing rate
- subject to change in vehicle excise licence
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www.arval.co.uk
01793 887 000
Mon - Fri 9am - 5.15pm
Arval Centre, Windmill Hill,
Swindon, SN5 6PE
Customer Account Number
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Please quote this number
when you contact us
Quote number: <Removed>
Lease ID: <Removed>
Request date: 23/11/2015
Required date: 10/12/2015
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ARVAL UK Limited - ARVAL Centre Windmill Hill Swindon SN5 6PE
Tel:+44(0)1793887000 - Fax:+44(0)1793886688 - www.arval.co.uk
Registered Number 1073098 England
VAT Reg. Number GB202 1441 76
ARVAL UK Limited is authorised and regulated by the Financial Conduct Authority.
DR_Vehicle Order_v1.0_06/10/2010
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