Terms & Conditions

Definitions

1. The expressions used below shall bear the meanings given herein. "You" means the Hirer(s) and "us" means First European Finance (Scotland) Ltd its successors and assigns. "Goods" means the motor vehicle described in the Schedule under "Key Financial Information" and includes all accessories and replaced or renewed parts which we, you or the insurers make to the motor vehicle with our approval. We may at any time, at our discretion, replace or substitute the Goods for other goods whereupon the provisions of this Agreement shall apply to such other goods as though they were the Goods under this Agreement. Headings are for convenience only and shall not affect the interpretation of any term. In the interpretation of this Agreement in Scotland any expression not in current use in Scotland shall be accorded the meaning of its nearest equivalent in that country. This Agreement takes effect when it has been signed by both you and us. Under this Agreement we are letting and you are taking on hire the Goods. You confirm that you are taking the Goods on hire for the purpose of your business.

Payment

2. You shall pay to us the Rentals in the amounts and on the dates shown in the Schedule under "Key Financial Information". Punctual payment is of the essence of this Agreement. You shall pay to us additional rentals equivalent to interest on sums payable under this Agreement calculated in accordance with the provisions entitled "Additional Rentals following non-payment" under "Key Information" in the Schedule. In addition, if you fail to pay any Rental Payment or other sum payable under this Agreement within the period specified in any Default Notice served on you, you shall be deemed to have repudiated this Agreement.

Direct Debit

3. You shall authorise your bankers in the form of a direct debit instruction provided by us to pay upon presentation all requests for payment of a direct debit initiated by us in respect of any sum due to us under the terms of the Agreement and as specified in the Schedule.

Ownership of Goods

4. The Goods shall at all times remain our property.

Insurance of Goods

5. You must keep the Goods comprehensively insured with reputable insurers to their full replacement value. You shall notify the insurers of our interest and you shall supply us with satisfactory evidence of such insurance. If during the hiring the Goods are damaged and the insurers elect not to treat any claim on a total loss basis, you shall immediately apply all sums paid by the insurers in making good the damage. If the insurers elect to treat any claim on a total loss basis, all the insurance proceeds shall be paid to us on demand and in the meantime shall be held on trust for us. In the event that the insurance proceeds are insufficient to discharge the total of all monies payable by you upon termination of this Agreement or the hiring, you will, upon our giving you written notice, pay to us the shortfall. (We are entitled to collect monies from your insurers and, where necessary may negotiate and effect a settlement with the insurers in which case you agree to be bound by such a settlement.) Upon Payment of the insurance proceeds to us the hiring under this Agreement shall terminate but otherwise any loss of or damage to the Goods shall not affect you obligation to pay the Rentals and other monies payable under this Agreement. If you fail to pay the insurance premiums, we may do so and you shall reimburse us on demand.

Care of Goods

6. You are required to do the following in relation to the Goods:
- keep the Goods within Great Britain unless we otherwise agree. If we do agree you must take out AA/RAC 5 Star Cover (or its equivalent) and provided always that such cover shall provide for the Goods to be brought back into Great Britain at the expense of the insurers;
- keep the Goods duly taxed and licensed and free from any mortgage, charge, legal process, encumbrance or liability;
- keep the Goods and any registration documents and manuals in your possession at the address last notified to us. You may not sell dispose of or part with possession of the Goods or transfer your rights under this Agreement.
- keep the Goods in good condition and repair at your own expense (but so as not to allow any lien to arise) and be fully responsible for all loss or damage howsoever caused and for any modifications from time to time required by law;
- service and repair the Goods at the times recommended and with dealers approved by the manufacturers;
- permit our representatives to inspect and test the Goods at any time upon our giving you prior reasonable notice;
- not to use the Goods for an unlawful purpose or otherwise contrary to law;
- not to use or suffer the Goods to be used for hire, racing, pacemaking, speed trials or any other sporting competitions;
- ensure that the Goods are used properly and safely and without risk to health;
- only permit the Goods to be driven by a person holding a full driving licence;
- not deface or modify the Goods in any way unless required by law;
- pay all taxes and impositions;
- immediately notify us of any material damage to or loss of the Goods;
- obtain and maintain a current and valid Test Certificate in relation to the Goods;
- deliver up to us the Goods in a condition consistent with the performance of your obligations under this Agreement upon the termination of this Agreement or the hiring at such premises as we shall require;
- not to do anything which in our reasonable opinion jeopardises the Goods or our rights in them.

Exclusion of Liability

7. We accept liability for death or personal injury directly resulting for our own negligence. However, we shall not be liable to you for any loss or damage arising from or as a result of any defect in the Goods, or any failure on our part to carry out any services provided for in this Agreement with reasonable care and skill or any breach by us of this Agreement. We do not accept responsibility for the Goods' correspondence with description, satisfactory quality, condition or suitability. In no circumstances shall we be under any liability to you in respect of any loss of profits or anticipated savings or for any damages or compensation for loss of use of the Goods howsoever caused. Nothing in this paragraph shall affect the statutory rights of a consumer, nor shall it exclude or restrict our liability which cannot by law be restricted or excluded. You agree to indemnify us and keep us indemnified against all claims actions cost expenses damages and liabilities whatsoever which may arise in respect of the Goods or your possession operation or use of the Goods or as a result of our exercising our rights to possession.

Termination

8. If you fail to pay any Rental or other payment on the due date, or if you fail to keep to any other provision of this Agreement or if a bankruptcy petition is presented against you or you are unable to pay your debts or if an application for an interim order is made or if steps are taken to levy execution or distress on the Goods or your assets or if your income becomes subject to an attachment order or, in the case of a partnership, your partnership is dissolved or in Scotland in the event of your apparent insolvency then we may by or after service of any notice required by the Consumer Credit Act 1974 terminate this hiring and/or this Agreement. If we end the hiring or terminate this Agreement or if you repudiate this Agreement and the repudiation is accepted by us, you must deliver up possession of the Goods together with the registration documents and manuals, and in default we may, without notice, enter any premises and retake the Goods. In addition, you will have to pay to us the arrears of Rentals and any other sums which have fallen due from you to us and have not been paid plus a sum equal to all the Rentals which would have been payable for the Minimum Period of Hire had the hiring and/or the Agreement not terminated less:
i. the net proceeds of sale of the Goods (after deducting cost of repairs, storage, insurance and sale and any other costs including legal costs reasonable incurred) if the Goods are repossessed and sold within three months of termination, or if the Goods are repossessed but not sold within such three month period, the value of the Goods are determined by a trader in similar goods appointed by us on the basis of a trade sale; and
ii. a discount of 5% per annum calculated over the period between the date of payment and the date on which the Minimum Period of Hire would otherwise have expired to reflect earlier receipt.
The sums payable under this paragraph shall bear VAT where appropriate.

Change of Address

9. You must notify us in writing within seven days of any change of address.

Administration Costs

10. Following a default we may recover from you any expenses incurred in locating you and any charges and costs (including legal costs calculated on a solicitor and own client basis) as specified in the Schedule under "Key Information".

Consolidation

11. If any indebtedness on your part to us under any other Agreement made between you and us shall not be paid when due or if you shall be or become, in default under any such Agreement other than by reason of a failure to pay any sums when due thereunder, then we may after due notice terminate this Agreement and thereupon this Agreement and the hiring thereby constituted shall determine and you shall no longer be in possession of the Goods with our consent and we may exercise our right to take possession of the Goods and to recover from you our recoverable losses.

Severability

12. If at any time any one or more of there terms and conditions is held to be or becomes void or otherwise unenforceable for any reason under any applicable law then the same shall be deemed omitted and the validity and/or enforceability of the remaining terms and conditions shall not be affected or impaired in any way.

Appropriation

13. Subject to the provisions of Section 81 of the Consumer Credit Act 1974, we may appropriate any payment which you make to us towards satisfaction of sums due under such accounts you have with us and in such proportions as we, at our discretion, think fit.

Concession

14. Any concession or time which we may grant to you shall not affect our rights or your obligations under this Agreement.

Notices

15. Any notices demands and statement given to you personally or sent to or left at your present or last known address shall be regarded as validly given. If sent by first class post they will be regarded as having been received by you within 48 hours of posting.

Joint Hirers

16. If two or more of You sign this Agreement as the Hirer you must jointly as well as severally comply with its terms. This means each of you is fully responsible under this Agreement

Guarantee and Indemnity

17. You will procure the giving of any Guarantee and Indemnity which we require.

Assignment

18. We may at any time transfer our rights under this Agreement.

Statutory Provisions

19. Any reference in the Agreement to a statutory provision shall be construed as a reference to that provision as from time to time amended or re-enacted.

Jurisdiction

20. This Agreement shall be governed by and interpreted in accordance with English law. The parties irrevocable submit to the non-exclusive jurisdiction of the High Court of Justice in England but this Agreement may be enforced in any court of competent jurisdiction.

Representations and Arrangements

21. The Agreement contains all the terms agreed between us and you. You have not relied on any representation or warranty by us except as expressly stated or referred to in this Agreement. No variation of this Agreement shall be effective unless it be in writing and signed by or on behalf of us and you. In the event that other arrangements are provided to you outside of this Agreement then you will be required to pay for these arrangements on demand.

Sales Agency

22. Provided that you have complied with all of your obligations under this Agreement, we will upon expiry of this Agreement (whether at the end of the Minimum Period of Hire or subsequently) appoint you as our agent for sale of the Goods on terms to be stipulated by us and upon any such sale and unless the sale proceeds or the value of the Goods have already been taken into account in calculating the sum due under any of the preceding clauses, you will be entitled to a rebate of rentals equivalent to the percentage set out in the Schedule of the net sale price (after deducting all costs relating to possession sale and delivery).

Data Protection

23. We shall use the information you give us to assist us in handling your account, help us assess any application you make to us and, unless you have indicated that you do not wish us to do so, to inform you by letter, phone or e-mail of other services and products offered by our Group and selected third parties we think would be of interest to you. We may also disclose your information to:
i) organisations First European uses in handling your account;
ii) credit reference and fraud prevention agencies ("the agencies");
iii) for any other purpose you consent to;
iv) any person we are required by law to do so; and
v) any person to whom we assign our rights or obligations under this Agreement.

The agencies maintain a record of the information they receive about you, e.g. the conduct of your account and searches made against you. We and other organisations share that information to (1) help assess you for credit and insurance of all kinds (including claims), (2) debt tracing and recovery, (3) prevention of fraud and money laundering, and (4) statistical analysis and market research. You are entitled to a copy of the information we hold about you on payment of a fee.