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Contract Hire Terms & Conditions

Terms of Hire Agreement

Definitions
1.01 'ADMINISTRATION FEE' means our administration costs from time to time plus VAT where applicable and as stated in our TABLE OF CHARGES which is available on request.
1.02 'THIS AGREEMENT' means these terms, the Optional Service Terms (if applicable) and any Appendices to this Agreement signed by you and us and shall include the terms of any Schedule or Appended made subject to this Agreement.
1.03 'BASIC MILEAGE' means for any month:
Total Mileage for the Period of Hire X number of months or part months elapsed since the Schedule Date Period of Hire in months
1.04 'CONTRACT MILEAGE' and 'PERIOD OF HIRE' means the figures referred to as such in the Schedule.
1.05 'CORPORATION TAX' means corporation tax chargeable in the context of the scheme of taxation applied to UK resident companies generally or tax of a similar nature enacted in addition to or in substitution for corporation tax.
1.06 'EXCESS MILEAGE' means the amount by which the miles travelled by the Vehicle for any period throughout the Period of Hire (including any estimate under Clause 12.02) exceeds the Basic Mileage at the rate shown in and calculated in accordance with this Agreement. The first 100miles will be deducted from this calculation in acknowledgement of potential delivery mileage.
1.07 'FINANCE HOUSE BASIC RATE' means Finance House Basic Rate being the base rate for the Finance and Leasing Association from time to time;
1.08 'GOOD CONDITION'. The Vehicle is deemed to be in good condition for the purposes of this Agreement if it has no unacceptable damage as detailed in the British Vehicle Rental and Leasing Association's Fair Wear and Tear Guide, which may be varied from time to time. By signing this Agreement you confirm that you have received a copy of the Guide.
1.09 'HIRER' shall mean the entity whose full name and address appears above.
1.10
1.11 'REPLACEMENT VEHICLE' means a Vehicle supplied in replacement for the Vehicle and will be subject to the terms and conditions of this Agreement.
1.12 'SCHEDULE' means any document headed 'Schedule to a Master Contract Hire Agreement' made subject to this Agreement.
1.13 'SERVICE AGENT' means a garage, dealer or supplier approved by us.
1.14 'TOTAL MILEAGE' means the aggregate of the Contract Mileage referred to in the Schedule for the whole of the Period of Hire.
1.15 'TOTAL LOSS' means an actual or constructive or arranged total loss as a result of the Vehicle being lost, destroyed, stolen, confiscated, damaged beyond repair or otherwise rendered unfit for use or unable to be used.
1.16 'VEHICLE' means each Vehicle described in a Schedule, all component parts, accessories, alterations and replacement parts and any Replacement Vehicle.
1.17 'VALUE ADDED TAX' (VAT) means Value Added Tax chargeable in the context of the scheme of taxation or tax of a similar nature enacted in addition to or in substitution for VAT.

Vehicle Hire
2.01 We will hire Vehicle to you in accordance with the terms of this Agreement and you will pay rentals as set out in the Schedule.
2.02 The hiring will start on the date of the Schedule or if earlier, the date the Vehicle is delivered in which event we and you agree to use our best endeavors to arrange for the relevant Schedule to be completed and signed as soon as possible.

Cancellation of Order
3.01 If after we have confirmed your order you amend or cancel it you will reimburse us for any loss or costs which we may suffer or incur as a result of such amendment or cancellation.

Vehicle Handover
4.01 You will inspect the Vehicle on delivery and notify us in writing within 48 hours if the model and specification are not as ordered or if the Vehicle condition is unacceptable. If we do not receive such notice, we are entitled to assume that you have accepted the Vehicle as satisfactory in every way.
4.02 We will if you request, transfer to you the benefit of any manufacturers' or suppliers' warranties, so far as we are able.
4.03 We shall not be liable for any loss or costs sustained by you as a result of any delay in delivery of the Vehicle or its failure or breakdown.

Payment
5.01 You will pay rentals and any other sum payable under this Agreement when due as shown in Schedule or on an invoice, together with the appropriate amount of VAT and any other taxes or additions.
5.02 Payment will be taken by variable Direct Debit. In the event that a Direct Debit is rejected or cancelled, we reserve the right to charge you an Administration Fee each month until it is reinstated.
5.03 Punctual payment shall be the essence of this Agreement.

Abatement of Rentals
6.01 There shall be no abatement of the rental during the time required for any servicing, repair or rectification of a Vehicle or during the period pending termination as a result of a Vehicle being stolen, totally destroyed or damaged beyond economical repair.

Taxation
7.01 VAT shall (where applicable) be charged on any payment referred to in this Agreement at the prevailing rates at the time the payment is due or invoiced (whichever is the earlier). If the VAT statutes/regulations change we reserve the right to adjust the rentals to maintain our rate of return.
7.02 You will also compensate us if on the sale of the Vehicle our rate of return is not maintained as a result of the rate or application of VAT changing from those in force at the date of the relevant Schedule to those in force at the date of collection of the Vehicle.
7.03 You will not claim or attempt to claim capital allowances on the Vehicle.
7.04 The rentals were calculated using a number of assumptions, including, that during the Period of Hire:
(a) the owner is entitled to the relevant writing-down allowances on the expenditure it incurs on the purchase of the Vehicle;
(b) the relevant writing-down allowances will not be withdrawn or reduced;
(c) there will be no change in the nature, method or application or relevant taxation;
(d) Corporation Tax is and will continue to be chargeable at the rate prevailing on the date of this agreement.
If any assumption is wrong, we may adjust each unpaid rental to preserve the owner's rate of return after tax. We will notify you of the adjusted rentals. If you have paid the last rental you will pay an additional rental to us.

Accessories/Options
8.01 All accessories fitted prior to delivery remain our property and must be in full working order when we collect the Vehicle at the end of the Period of Hire. You acknowledge that any accessories fitted by you after delivery and not removed prior to collection form part of the Vehicle and become ours at no cost to us.
8.02 You will make no alterations or modifications to the Vehicle without our prior written consent unless you are obligated to do so by law. Any alterations or modifications approved by us will be fitted at your expense and you will be responsible for their repair and maintenance. Upon collection of the Vehicle, accessories remaining on the Vehicle must be in full working order or may be removed at your expense prior to collection. If removed you will compensate us for any damage to or and reduction in value of the Vehicle caused by such removal.
8.03 Telephone aerials must be glass mounted unless otherwise agreed by us in writing.
8.04 A tow bar can be fitted to a Vehicle for towing non commercial trailer (Commercial trailers can only be towed by Light Commercial Vehicles subject to the Gross Train Weight of the vehicle not being exceeded), subject to there being no bodywork alteration required and compliance with the Vehicle manufacturers towing recommendations and restrictions.

Change of Address or Ownership
9.01 You will notify us of any change in address of your Head Office or Accounts Office, and change of name, any substantial change in your constitution, ownership or in the composition of your Board of Directors of if applicable the partnership.

Care and Usage
10.01 You will use the Vehicle carefully and in accordance with the manufacturer's recommendations. You will keep the Vehicle in good condition during the Period of Hire and until we collect it. Any replacement parts fitted to the Vehicle shall become our property and subject to this Agreement.
10.02 You must not sell, assign, mortgage, charge, underlet or part with possession of the Vehicle or any interest in it without prior written consent.
10.03 You will be responsible for any loss, theft, destruction of, or damage to the Vehicle during the Period of Hire and until be collect it.
10.04 You will not let the Vehicle be used for any unlawful purpose or in any racing motorsport or competition or for hire or reward. You will not use the Vehicle off-road unless it is specifically designed for such use and we have previously agreed such usage,
10.05 You will not add any sign writing, lettering or design to the Vehicle without prior written consent, other than for Light Commercial Vehicle were transfer/sticker type sign writing, lettering or design may be added without prior written consent but must be removed before returning the Vehicle
10.06 You will not alter the registration number of the Vehicle without prior written consent. We require six weeks written notice to alter the registration number and an Administration Fee will be payable by you.
10.07 Subject to Clause 4.01, you will notify us within seven days of any major defect in the Vehicle and of any major accident.
10.08 You will pay any parking fines or other fixed penalty or fine relating to the Vehicle within the timescale specified in it. If you fail to do so we may pay the amount for you and you will repay us for that amount on demand together with an Administration Fee.
10.09 You will indemnify us against all loss, damage, liabilities, fines, penalties or costs arising from the possession, use, leasing, ownership or repossession of the Vehicle or as a result of the Vehicle being used illegally.
10.10 You will allow us, or persons we authorize, access to the Vehicle and all related records, for inspection on not less than 3 working days notice.
10.11 The use of each Vehicle is for lawful purposes only within the UK. It may be used on the continent of Europe and in the Republic of Ireland for not more than 28 days at a time, or such longer period, with our prior consent, provided the Vehicle is comprehensively insured for such use, and a VE103 Form or such equivalent or replacement from time to time and adequate insurance to cover breakdown, recovery and repatriation of the Vehicle are obtained.
10.12 You will, at your own expense, comply with and cause all persons operating and Vehicle to comply with all applicable statutory and any other legal requirements and with all conditions of the insurance policies relating to the Vehicles.
10.13 You all, at your own expense, comply with any directions, conditions or recommendations notified to you by us where we have received notification that a Vehicle is required to be returned to its manufacturer in order to rectify a defect.

Insurance
11.01 From the Schedule Date (or delivery if sooner) you will comprehensively insure the Vehicle in Sterling with a reputable insurance provider, and keep it insured for the Period of Hire and until we collect it for at least its replacement  value against all insurable risks including theft, loss, damage and destruction. You will also insure, for at least £2,000,000, us, yourself and any authorized driver against any claims for death, injury, loss or damage caused by the Vehicle or its use. You will register our interest on the Vehicle's insurance policy. You will produce such evidence of the insurance policy as we may reasonably require and will not allow the policy to lapse nor materially change the terms of such policy without our written permission, such permission not to be unreasonably withheld or delayed.
11.02 You agree that we may contact your insurers or brokers to confirm that you have complied with your obligations to insure the Vehicle and us under the provisions of this Agreement.
You agree that if you fail to insure the vehicle as required by this Agreement we may do so and you will, immediately we ask you to do so, reimburse us with any premiums we have paid.
11.03 if the Vehicle becomes a Total Loss you will notify us in writing within seven days of being notified by the insurers and you will arrange with the insurers for all insurance monies to be payable to us. You authorize us, or any company nominated by us to deal with insurance claims, to negotiate with the insurers and to transfer to us all your rights under the insurance policy.
11.04 In the event of a Total Loss the following amounts will become immediately due and payable
(a) all rentals and other sums payable under this Agreement at the date of the incident giving rise to the Total Loss; and
(b) an amount equivalent to the total costs incurred by us less rentals received and net proceeds of the Vehicle.
11.05 In the event of a Total Loss:
(a) if we receive the insurance money within one month of the date of Total Loss, we will set if off against the amounts due to us; and
(b) if the insurance money exceeds those amounts due to us we will refund any surplus to you. If the insurance proceeds are less than the total amount due to us, you will pay us the shortfall on demand; and
(c) if within one month of the date of a Total Loss, we do not receive either the insurance money sufficient to cover the amounts due to us, or you have not paid all amounts you owe, we may enforce our rights against you for all amounts due to us.
11.06 In the event of a Total Loss the hiring of the Vehicle will terminate automatically.

Mileage
12.01 You will on request notify us of the mileage recorded on the odometer of the Vehicle and allow us or person we authorize to inspect the Vehicle odometer at any reasonable time.
12.02 If the Vehicle odometer ceases to function or has been tampered with you all notify us of the date of failure and the recorded mileage on that date and the date on which the repaired odometer is refitted to the Vehicle. We will estimate the mileage travelled during the period of failure based on the daily mileage travelled from the Scheduled Date to failure date.
12.03 Upon demand at any time during the Period of Hire or upon termination of the Period of Hire you will pay Excess Mileage charges plus VAT calculated for each mile of Excess Mileage in accordance with this Agreement and the Schedule and any Addendum made to such Schedule.
12.04 We may vary any of the pence per mile rates at any time. Any such variation shall not apply to Schedules already in force.
12.05 If any time the Vehicle has travelled in excess of 20% of the basic mileage we may
(a) charge an Excess Mileage charge (calculated as above) on demand; and
(b) increase the rentals for the remainder of the Period of Hire; and
(c) reduce the Period of Hire; and
(d) charge an Administration Fee.
12.06 No adjustment to rentals or other sums payable under this Agreement shall be made if upon termination of the hiring or the expiry of the Period of Hire and Vehicle has not travelled the Basic Mileage.

Default and Bankruptcy
13.01 We may charge interest on any rentals or any other sums unpaid for 10 days after the due date at the rate of 5% above the Finance House Base Rate from time to time, calculated on a daily basis from the due date until such outstanding sums are paid. Should we have to send default letters, we reserve the right to charge an Administration Fee.
13.02 This Agreement will terminate and we may immediately repossess the Vehicle if a petition for winding up or an administration order is presented against you or you pass a resolution for voluntary winding up or being a partnership you resolve to dissolve it, a receiver or administrative receiver is appointed, a meeting of creditors convened or arrangements made with them, or an interim order is made against you under the Insolvency Act 1986 or if you are dissolved or wound up or de-constituted (other than in circumstances in which your powers, right or authority shall be reconstituted in or devolve upon corporate body or some statutory or other successor acceptable to us) 
13.03 You must not:
(a) default in the payment of any sum due or commit any other breach under any loan, installment credit, hire or leasing agreement you may have with us or our holding company or any of our subsidiaries;
(b) do or allow to be done anything which we reasonably believe may put at risk the performance or your obligations under the terms of this Agreement;
(c) cause or allow any change in your control if you are a limited company or a partnership.
13.04 If you incur any liability (whether liquidated or not liquidated) to us or our holding company or any of your subsidiaries (as such expressions are defined in section 736 of the Companies Act 1985), we may set off the liability against any sum that would otherwise be due to you under terms of this Agreement.
  Repudiation
14.01  If you:
(a) fail to pay any rentals or other sums due under this Agreement within 10 days of the due date;
(b) fail after written request to remedy within 10 days any breach of this Agreement; or
(c) use the Vehicle for any unauthorized purpose;
(d) commit any breach of clauses 10 or 13;
You will have repudiated this Agreement and if we accept that such repudiation has ended this Agreement, the hiring of any Vehicle under any Schedule shall terminate and we may terminate this Agreement.

Variation
15.01 The Period of Hire may not be extended without our prior consent whereupon we will notify you of any changes to the rental.  The agreed Period of Hire and Contract Mileage may be amended with our consent at any time during the Period of Hire provided that there are more than 6 months left to run on the original Period of Hire.
15.02 In the event of an extension, we may vary the rentals payable during the extension period and charge an Administration Fee.
15.03 If, at any time during the Period of Hire, the mileage of any vehicle is greater than its Contract Mileage (pro rata) by more than 20% we reserve the right to amend the Period of Hire, Contract Mileage and rental.

Termination
16.01 On any early termination of this Agreement you will within 10 days of our sending you an invoice pay us together with VAT:
(a) where the termination occurs up to 6 months from the Agreement date an amount equivalent to the total costs incurred by us less rentals received and net proceeds of the Vehicle.
(b) Where the termination occurs more than 6 months from the Agreement date an amount calculated as half of the remaining rentals due under the terms of this Agreement.
16.02 Your obligations under this Agreement will be treated as if they had arisen immediately before termination of this Agreement.
16.03 Upon termination of this Agreement, all Vehicles hired shall cease to be in your possession with our consent, and all Vehicles shall be surrendered to us in good order, repair and running condition.  We shall be entitled to enter onto your premises and retake possession of all or any of such Vehicles and you shall promptly deliver to us all documents which we may require to sell such Vehicles and register the same in the name of the purchaser.
16.04 Upon termination of this Agreement, the respective Periods of Hire for such Vehicles shall terminate.  We shall recover from you all rentals and all other fees and charges due and unpaid for the Periods of Hire, together with all costs and expenses (including legal fees) incurred by us in the enforcement of our rights and remedies under this Agreement or otherwise.
16.05 Any notice required under this Agreement will be properly served only if in writing and sent by facsimile, telex or prepaid letter post or delivered by hand to your address shown in the Schedule or your last known address, or our address as notified to you from time to time.  Notice will be effective at the time of sending if sent by facsimile or telex, seventy-two hours after posting if sent by prepaid letter post and at the time of delivery if delivered by hand.

Return of Vehicle
17.01 Upon termination of this Agreement or at the expiry of the Period of Hire you shall make the Vehicle available for collection in the UK together with the Vehicle manual and the service record stamped by the dealer confirming servicing has taken place.  If the service record is not stamped and returned you shall pay us on demand a fee as shown in our Table of Charges. An independent company will complete a report on the mechanical and bodywork condition of the Vehicle including its odometer reading.
17.02 Upon our collection of the Vehicle it shall be in Good Condition (as defined in the Definitions section.) You will reimburse us on demand the cost of putting the Vehicle in Good Condition.  If you dispute our view of the condition of the Vehicle upon collection and it cannot be resolved by negotiation we shall refer the question to a relevant motoring organization of our choice.  You will pay for their assessment but we will reimburse you if the dispute is resolved in your favour.
17.03 You will ensure that all keys or key fobs, including master or brain keys, operating units relating to central locking, engine management and vehicle security systems are available during the Period of Hire and returned with the Vehicle upon termination of this Agreement or at the expiry of the Period of Hire.  Should any of these items be unavailable during the Period of Hire or not returned with the Vehicle, you will reimburse us on demand the cost for replacing and fitting any of these and any associated components together with an Administration Fee.
17.04 If the Vehicle is returned to us with a cherished plate on it, you must inform us of your intentions regarding the transfer of the plate at least 6 weeks prior to the end of the Agreement.  Failure to do this will be deemed to be approval that we can sell the Vehicle with the plate on it or take any other action we consider appropriate.
17.05 If we shall so require you will provide free and secure storage and insurance (on the terms set out in Clause 11) for the Vehicle for a period not exceeding 30 days after termination of the hiring under this Agreement.  You will not use or allow anyone else to use the Vehicle during this period.  During the storage period you will permit us or any persons designated by us, including the representatives of any prospective purchaser of the Vehicle, to inspect the Vehicle and the records maintained therewith.

Road Fund Licence
18.01 We will obtain and renew the road fund licence required during the Period of Hire if so indicated in the Schedule.  If its cost is increased or any other duty or tax is levied on the Vehicle in respect of running or use of the Vehicle, you will pay us any increase upon our written request.  We reserve the right to charge you the cost of issuing a duplicate road fund licence disc together with an Administration Fee.  These charges will not apply if:
(a)  we have sent the tax disc to an incorrect address (provided we have been notified of any change);
(b) the tax disc is stolen, providing a crime reference number is quoted.  However, if just the tax disc is stolen (i.e. not with the Vehicle) the cost of issuing a duplicate disc together with an Administration Fee will be payable by you;
(c) the tax disc is not received and our taxation department is notified within two weeks of the disc becoming valid.  However, if the disc was sent by Special Delivery Post the cost of issuing a duplicate together with an Administration Fee will be payable.

Motoring Organizations
19.01 If your contract is ‘with maintenance’ as indicated in the Schedule we will provide Breakdown, Recovery and Road Side assistance in both the UK and Europe through our appointed service provider.
19.02 If your contract is ‘without maintenance’, as indicated in the Schedule, you will be responsible for arranging and paying for any Breakdown, Recovery or Road Side assistance service you may require.

Replacement Vehicle
20.01 If you have selected provision of a Replacement Vehicle as indicated in the Schedule we will provide a Replacement Vehicle after the period of notice referred to in the Schedule for a maximum of 28 days at any one time if the Vehicle becomes unroadworthy as a result of:
(a) mechanical breakdown; or
(b) accidental damage; or
(c) mechanical defect or theft
Provided that:
(a) the failure is not as a result of deliberate or negligent damage; and
(b) the Service Agent advises us that the Vehicle is unfit for use and is likely to remain so for a continuous period of hours shown in the Schedule; and
(c) any payments due under this Agreement are not in arrears.
20.02 Where you have selected provision of a Replacement Vehicle as indicated in the schedule we will supply a Replacement Vehicle on a like for like basis up to a maximum of a 2.0 litre petrol derivative and automatic transmission, unless otherwise selected as detailed in the Schedule.  This is subject to availability and we reserve the right to supply a Replacement Vehicle of an alternative type and age and no adjustments will be made to service charges if we are unable to supply a similar Vehicle.  If the Replacement Vehicle is not returned within 28 days or within 24 hours of the Vehicle becoming roadworthy or the specified fuel and mileage conditions are not satisfied, we will charge you our costs plus an Administration Fee.
20.03 During the Period of Hire we reserve the right to replace the Vehicle with another one of similar, or better, age, make, model and condition.  Every such substitute will be subject to the terms of this Agreement.

With Maintenance Contracts
21.01 If your contract is ‘with maintenance’ as indicated in the Schedule you will be responsible for:
(a) maintaining the Vehicle in good order and condition in accordance with the manufacturer’s recommendations and ensuring that the Vehicle is maintained in accordance with all relevant legislation. This includes MOT legislation and ensuring that all tyres conform to legal requirements at all times;
(b) having the Vehicle serviced by the Service Agent at intervals recommended by the manufacturer ensuring that the Vehicle service record has been stamped by them.  Should you fail to collect the Vehicle when it is ready and we incur any costs because of this, these will be recharged to you together with an Administration Fee;
(c) ensuring that the Vehicle is operated with the recommended type and levels of fuel, oil, water and other lubricants;
(d) promptly undertaking all repairs maintenance or replacement of parts that are needed whether as a result of accident or deliberate or negligent damage to the Vehicle.  These should be undertaken by a Service Agent approved by us and include glass, lenses, aerials or wheel trims whether they are shattered, cracked, missing or broken, however caused.  We are willing to pay these costs for you, subject to your written consent, and you will repay us the amount on demand together with an Administration Fee;
(e) promptly carrying out all instructions as required by a manufacturer’s recall.
21.02 Providing the Vehicle remains in the UK we will pay for:
(a) servicing of the Vehicle at the Manufacturer’s recommended intervals and all oil, lubricants and anti-freeze supplied during such servicing
(b) all necessary repairs and replacement parts except those required as a result of an accident, misuse, neglect, theft or negligence;
(c) all replacement tyres, batteries and exhausts required as a result of faulty manufacture or fair wear and tear.  When a tyre has been worn down to 2mm-tread depth we will replace the tyre free of charge.  We will pay for repairs to tyres resulting from punctures, provided the repair is safe and legal.  You will pay for replacement tyres, resulting from punctures that are not repairable or any other form of tyre damage, however you will not be charged for the full cost of the replacement tyre.  The amount charged will be based on the amount of tread remaining on the tyre as shown in our Table of Charges;
(d) MOT testing of the Vehicle (if appropriate) in accordance with current legislation.
(e) In respect of satellite navigation systems, we will only be responsible for maintaining the equipment to its original specification. Should you choose to purchase any software updates that manufacturers make available from time to time, you will be responsible for the cost of such updates and installation in accordance with the manufacturer's instructions.
21.03 We will reimburse you for repairs or servicing carried out abroad which would have been our responsibility had the Vehicle been in the UK.  Reimbursement will be at rates applicable had the repairs been undertaken in the UK and will be payable only on production of a receipted invoice.  VAT will not be reimbursed unless we are issued with a VAT invoice or the original invoice was addressed to us.
21.04 We shall not be liable for any loss or costs incurred when the Vehicle is being serviced or repaired or any delay in servicing or repairs.
21.05 During the Period of Hire we reserve the right to replace the Vehicle with another one of similar, or better, age, make, model and condition.  Every such substitute will be subject to the terms of this Agreement.

Non Maintenance Contracts
22.01 If your contract is ‘without maintenance’, as indicated in the Schedule, you will be responsible for:
(a) maintaining the Vehicle in good order and condition in accordance with the manufacturer’s recommendations and ensuring that the Vehicle is maintained in accordance with all relevant legislation.  This includes MOT legislation and ensuring that all tyres conform to legal requirements at all times;
(b) having the Vehicle serviced by the manufacturer’s franchised Service Agent at intervals recommended by the manufacturer ensuring that the Vehicle service record has been stamped by them.  Should you fail to collect the Vehicle when it is ready and we incur any costs because of this, these will be recharged to you together with an Administration Fee;
(c) ensuring that the Vehicle is operated with the recommended type and levels of fuel, oil, water and other lubricants
(d) promptly undertaking all repairs maintenance or replacement of parts that are needed whether as a result of accident or deliberate or negligent damage to the Vehicle.  These should be undertaken by a Service Agent approved by us and include glass, lenses, aerials or wheel trims whether they are shattered, cracked, missing or broken, however caused;
(e) promptly carrying out all instructions as required by a manufacturer’s recall.
22.02 During the Period of Hire, we reserve the right to replace the Vehicle with another one of similar, or better, age, make, model and condition.  Every such substitute will be subject to the terms of this Agreement.
22.03 We shall not be liable for any loss or costs incurred when the Vehicle is being serviced or repaired or any delay in servicing or repairs.

General
23.01 Our rights under this Agreement will not be affected by any forbearance or concession made by us to you.
23.02 in negotiating this Agreement only persons expressly authorized in writing by us have authority to act as our agent.
23.03 For the avoidance of doubt, nothing in this Agreement shall confer on any Third Party any benefit or the right to enforce any term of this Agreement.
23.04 (a) IF YOU ARE DEALING AS A CONSUMER OR IF IN SCOTLAND THIS AGREEMENT IS A CONSUMER CONTRACT (WITHIN THE MEANINGS OF SECTIONS 12 AND 25 OF THE UNFAIR CONTRACT TERMS ACT 1977) THEN THE GOODS ARE HIRED TO YOU WITH THE BENEFIT OF UNDERTAKINGS ABOUT TITLE, CORRESPONDENCE WITH DESCRIPTION, FITNESS FOR PURPOSE AND SATISFACTORY QUALITY IMPLIED BY THE SUPPLY OF GOODS AND SERVICES ACT 1982.  NOTHING IN THIS CLAUSE WILL AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
(b) OTHERWISE, SINCE YOU HAVE CHOSEN THE GOODS AND WE HAVE NOT INSPECTED THEM, WE DO NOT MAKE OR GIVE ANY REPRESENTATION OR UNDERTAKING (EXPRESS OR IMPLIED), WHETHER STATUTORY, COLLATERAL OR OTHERWISE ABOUT THE CONDITION, DECRIPTION, QUALITY OR PERFORMANCE OF THE GOODS OR ABOUT THEIR FITNESS FOR ANY PARTICULAR PURPOSE.  SUCH REPRESENTATIONS AND UNDERTAKINGS ARE SPECIFICALLY EXCLUDED.
(c) WE WILL NOT BE LIABLE IN CONTRACT OR TORT (EXCEPT FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE) FOR LOSS, INJURY OR DAMAGE SUSTAINED BECAUSE OF ANY DEFECT IN THE GOODS WHETHER LATENT OR APPARENT AND HOWEVER CAUSED.
23.05 If you are more than one person your obligations will be binding on each person separately and all persons jointly.
23.06 English Law will be the law applicable to this Agreement.
23.07 You and we agree to submit to the non-exclusive jurisdiction of the High Courts of England.


Your information
24.01 Who we are
You have given your information to Haywood Garage (A Division Of Freedom Caravans Ltd) Ltd, Main Road, Little Haywood, Stafford, Staffordshire, ST18 0TR.
24.02 Sensitive Personal Data
If we receive notification of any road traffic offences in our capacity as registered owner of the vehicle(s), we will supply your name and details to the respective authorities.  The information will be held securely and will only be used for the purpose described.
24.03 How we use your information and who we share it with
your information comprises all the details we hold about you and your transactions, and includes information obtained from third parties.
 
We may use and share your information with others to help us and them assess financial and insurance risks; recover debt; prevent and detect crime; understand our customers’ requirements; develop and test products and services. 
 
We do not disclose your information to anyone except: where we have your permission; or where we are required or permitted to do so by law; or to credit reference and fraud prevention agencies and other companies that provide a service to us or you; or where we may transfer rights and obligations under this agreement.
 
We may transfer your information to other countries on the basis that anyone to whom we pass it provides an adequate level of protection. However, such information may be accessed by law enforcement agencies and other authorities to prevent and detect crime and comply with legal obligations.
 
From time to time we may change the way we use your information. Where we believe you may not reasonably expect such a change we shall write to you. If you do not object to the change within 60 days, you consent to that change.
 
Credit reference agencies
25.01 We may make periodic searches at credit reference agencies and will provide information to the Group to manage and take decisions about your accounts. This may include information about how you manage your account including your account balance, credit limit and any arrears. We will also provide this information to credit reference agencies that may make this information available to other organisations so that they can take decisions about you, your associates and members of your household. The information may also be used for tracing purposes.
 
Fraud prevention agencies
26.01 If false or inaccurate information is provided and fraud is identified or suspected, details may be passed to fraud prevention agencies. Law enforcement agencies may access and use this information.
 
We and other organisations may also access and use this information to prevent fraud and money laundering, for example when checking applications for, and managing credit or other facilities and recovering debt; checking insurance proposals and claims; checking details of job applicants and employees. 
 
We, and other organisations that may access and use information recorded by fraud prevention agencies, may do so from other countries.

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