Terms and Conditions
Definitions
A. For the purpose of this agreement Flex-E-Lease Limited is referred to as the Lessor.
B. ‘’The Customer’’ means the person, firm or organisation by or on behalf of whom this agreement is signed.
C. ‘’Authorised Driver’’ means the driver(s) additional to the Customer, approved as specified within the Agreement.
D. “Purchase Order Form” means the initial document and agreement entered into by the Lessor and the Customer whereby an agreement is entered
into in respect of a specific vehicle/s, Costs and period of the agreement.
E. “Defleet/ed” means the process the vehicle goes through at the end of the terms agreed within this agreement and the full period agreed within the
“Purchase Order Form” whereby the vehicle is inspected for condition and servicing, the vehicle is collected and repairs conducted to ensure the
vehicle is back to it’s original state.
F. “Out of programme” means a vehicle that the Lessor deems no longer usable or suitable for their needs due to various reasons such as the Customer
failing to service the vehicle in accordance with the manufacturer’s guidelines, Voiding the vehicle warranty for any reason, exceeding the agreed
mileage allowance, damage to the vehicle exceeding £3,000.00, damage requiring the replacement of a structural panel, failing to make the vehicle
available for defleet 21 days or more after the lease termination date or if the vehicle is put of out programme or their equivalent by the vehicle
supplier providing the vehicle to Flex-E-Lease Ltd for any reason.
G. If a vehicle is listed as “Out of programme” by the Lessor, the Customer will be required to immediately purchase the vehicle at the CAP retail value.
The CAP retail value will be determined on the date the vehicle is deemed “out of programme”.
H. CAP is the industry standard resource for providing used vehicle valuations.
Terms of this agreement
1. The Customer will ensure that any authorised driver will comply with all the conditions of this agreement.
2. The Lessor agrees to supply and the customer agrees to take the vehicle described on this agreement and within the Purchase Order Form on
the terms and conditions as set out in this agreement and as per the full period agreed within the accompanying Purchase Order Form.
3. Payment will be made by the Customer to the Lessor no later than 15 Calendar days after invoice, unless prior agreement or arrangements
have been made with the Lessor in writing. If payment is not received by the due date, the Lessor will charge interest on the unpaid amount
from the date it is due until the date it is paid. The rate of interest will be charged as per the current Bank of England “Bank Rate”. An
additional admin fee will be charged by the Lessor for dealing with any late payments and will be at the discretion of the Lessor. The admin fee
will be added onto the following months invoice.
4. The Customer undertakes to return the vehicle in a clean condition with all tyres, tools, radio, media, parcel shelves, keys and other accessories
in the same condition as when received, ordinary wear and tear expected, to a place on a date to be confirmed and deemed reasonable by the
Lessor. Upon defleet of the vehicle Fair wear and tear is deemed as per the BVRLA guidelines.
5. The Customer is responsible for:
(i) All damage caused by misuse or negligence.
(ii) All tyre repairs or replacements.
(iii) Any broken windows or lights
(iv) Damage to the interior of the vehicle
(v) Payment of the charges whilst the vehicle is off the road being repaired in the event of an accident or repairs carried out due to the
vehicle being misused.
(vi) Cleaning /de-fuming fee if smoking or vaping has taken place within the vehicle.
(vii) Any fines, charges and/or violations.
(viii) Maintenance of the vehicle.
(ix) Servicing the vehicle in line with the manufacturer and vehicle warranty and guidelines.
6. The Customer accepts and understands that it is their responsibility for providing Fully Comprehensive Insurance Cover on the supplied vehicle
named on the agreement and as set out within the Purchase Order Form, unless otherwise stated in writing by the Lessor. Furthermore, the
Customer accepts that, during the full period for which the vehicle is supplied as set out within the Purchase Order Form, should any incident
occur (involving any own- or third-party damage to vehicle, property or person(s)) that they themselves will be held fully responsible. It is a
requirement of the Customer that every accident no matter how minor, involving the vehicle must be reported at once to the Lessor and that
the accident report form must be completed within 24 hours. The Customers or any authorised driver will:
(i) Obtain the names and addresses of the third party and any witnesses and make no admission of liability
(ii) Obtain images from the scene of the accident including images of any and all vehicles / persons / animals / property involved.
(iii) Deliver to the Lessor all summonses, writs and documents received.
(iv) Not aid or abet any claimant but co-operate fully with the Lessor and the insurance company in the investigation and defence of any
claim.
7. The Customer understands that they MUST keep the vehicle fully comprehensively insured during the whole period set out within the Purchase
Order Form and MUST provide details of this policy if requested by the Lessor.
8. The Customer agreed that the Lessor may act as their agent to negotiate, enforce and agree to any insurance claim for loss of or damage to the
vehicle. All money payable under the insurance policy is assigned by this agreement by the customer to the Lessor.
9. If the vehicle is lost, damaged or destroyed so as to become an actual, arranged or constructive total loss the Customer or their insurer must
pay the Lessor the vehicle value in full as per the CAP guide. The value will be deemed as CAP Clean and the value will be taken on the day of
the incident. If the Customers insurer refuses to value the vehicle as per the CAP Clean valuation the Lessor reserves the right to charge the
Customer for the shortfall. Payment will be made for the shortfall immediately upon receipt of the invoice from the Lessor unless otherwise
agreed by the Lessor.
10. The Customer nor their insurer will have rights to the vehicle salvage and the Lessor reserves all rights to retain the vehicle salvage.
11. If the Customers insurer does not indemnify them for any reason, the Customer understands and accepts that they will be personally liable for
any and all vehicle damage, related costs and or fees.
12. Where possible, the Customer MUST list the Lessor as the “loss payee” or equivalent, and owner within their insurance documents.
13. In the event of the vehicle being stolen, it is the Customers responsibility to inform the Police and Lessor as soon as reasonably possible. The
Customer will fully cooperate with anybody involved in dealing with the stolen vehicle, insurance claim and the Lessor. The Customer must also
keep up with the agreed payments for the vehicle during the duration of any such occurrence.
14. The Customer will at the request of the Lessor do all required by the Lessor and permit his name to be used by the Lessor for enforcing any
rights or remedies against the parties in connection with the vehicle.
15. In the event that a replacement tyre is required, the Customer must replace the tyre for the same brand, size and spec as was already on the
vehicle. All 4 tyres must remain the same.
16. The vehicle will not be used:
(i) For the carriage of passengers or goods for hire or reward without prior agreement from the Lessor.
(ii) For racing, pace making, reliability trials, speed testing or driving instructions.
(iii) To propel or tow any other vehicle or trailer.
(iv) In violation of the provision of any act, order or regulation affecting the use, loading or condition of the vehicle or for any illegal
purpose.
(v) Outside the United Kingdom Mainland without express agreement in writing of the Lessor.
(vi) Any actions that could be deemed unreasonable by the Lessor.
(vii) In connection with sub-leasing or renting, unless prior agreement is given by the Lessor.
(viii) Make any modifications to the vehicle without prior consent from the Lessor.
17. In accordance with the Road Traffic Act 1974 section 1-7 and Schedule 1 the Customer shall be liable to the Lessor of the vehicle in respect of:
(Amended section 1-5 to 1-7)
(a) Any of the following offences which may be committed with respect to that vehicle when it is stationary and when a fixed penalty notice
is issued, being on the road during the hours of darkness without lights or reflectors required by law, waiting, or being left parked, or
being loaded or unloaded in a road, being used or kept on a public road without the licence being exhibited on the vehicle in the
prescribed manner, and the non-payment of the charge at a street parking place.
(b) Any excess charge which may be incurred in pursuance of an order under Section 35 and 36 of the Road Traffic Regulation Act 1967
(provision on highways of parking places where charges are made).
18. The Customer shall be liable to the Lessor of the vehicle in respect of any offences which may be committed in the vehicle in respect of
congestion charges within the agreed boundaries of the UK mainland, including but not limited to the London area and surrounding boroughs
and shall indemnify the Lessor of the vehicle in respect of any fines/fixed penalty notices incurred as a result and shall also indemnify the
Lessor of the vehicle in respect of any excess charge and administration costs which may be incurred in recovering any such fines/fixed
penalties.
19. The Customer acknowledges and accepts responsibility for any parking charges, fines and invoices that may be incurred, under the Protection
of Freedoms Act 2012.
20. The Customer understands and accepts that an admin fee will be charged by the Lessor for any and all charges, fines and invoices received to
our offices and dealt with or re directed by ourselves. An additional admin fee will be charged if the customer reasonably had the opportunity
to pay the charges, fines, or invoices prior to the same being directed to ourselves. (i.e., if the Customer received a parking charge notice or
penalty charge notice fixed to the windscreen of the vehicle) as such, giving them ample time to deal with this themselves directly.
21. The normal admin fee will be charged at £35.00 + VAT and will be payable by the Customer to the Lessor as per the stipulations set out in
section 17,18,19 and 20 and an additional £15.00 + VAT will be charged as per the stipulations in point 20. The Lessor reserves the right to
increase the admin fees to keep up with inflation and increasing operational costs. The Lessor will aim to not increase the admin fees less than
12 months after the most recent increase.
22. The Lessor shall charge the Customer for all costs incurred as a result of the Customer failing to ensure the vehicle is correctly insured and
registered on the Motor Insurance Database. The Lessor reserves the right to charge the normal admin fee for notifying the Customer of
vehicles not insured correctly.
23. In the event the vehicle is Impounded, Towed, recovered by the Police or any such instance, it is the Customers responsibility to recover this
vehicle as quickly as possible. All costs and fines related to this will be payable by the Customer directly. An admin fee will be charged by the
Lessor for aiding in the recovery or notifying the Customer of the issue or providing documents or authorities for the Customer to collect the
vehicle. This fee will initially be charged in the sum of £50.00 + VAT, further admin fees will be charged at the normal admin fee rate (as set out
in section 21) for each day that passes without any response to the Lessor from the Customer. If the Lessor deems the Customer is unable to
recover the vehicle themselves, the Lessor reserves the right to arrange collection of the vehicle themselves, Any and all costs related to this
will be immediately payable by the Customer along with an admin fee in the sum of £500.00 + VAT.
24. The Customer will immediately inform the Lessor of any fault in the vehicle and will not use the vehicle whilst it is in an unroadworthy
condition. Failure to do so may cause further damage to the vehicle that the customer will be liable for. If the vehicle requires uplift due to this,
an additional admin fee will be charged on top the cost of recovery / delivery. The admin fee is at the discretion of the Lessor and will be based
on the work involved for the Lessor.
25. If the Customer wishes to take the vehicle abroad they MUST request permission to do so from the Lessor. It is advised to request permission at
least 7 days before the intended travel date as if permission is granted a VE103B form will be required. The Customer will also be requested to
provide proof of insurance to drive the vehicle abroad prior to taking the vehicle abroad. The normal admin fee of £35.00 + VAT will be payable
by the Customer if permission is given to take the vehicle abroad.
26. The Lessor will not waive any rights under this agreement except in writing signed by a duly authorised representative of the Lessor, and in
addition the terms and conditions of this Agreement are the sole basis upon which the parties agree to be bound and supersede all previous
written or verbal warranties whether express or implied.
27. This agreement may be terminated at any time by the Lessor by giving the customer 24-hour notice. The vehicle will be returned to the Lessor
and will be defleeted as per the normal procedures as if the agreement had come to the end of its agreed terms naturally.
28. If this agreement is terminated by the Lessor due to the Customer failing to adhere to any and/or all of the points within the agreement, or
failing to make payment of any invoices issued by the Lessor by the due date, the Customer will be liable for the agreed cost of the vehicle up
until the end of the agreed period as per the Purchase Order From or until such a time that the Lessor has re-allocated or sold the vehicle.
29. The maximum period of hire of this AGREEMENT must not exceed 3 calendar months or 89 days and that this agreement shall automatically
determine on the last day of the third calendar month if it has not done so before. The Customer understands a new agreement will need to be
signed for each 89 day period within the full lease period.
30. The Customer MUST service the vehicle in line with the manufacturer guidelines and vehicle warranty guidelines, the service MUST be carried
out at a reputable service provider and a full service report, VAT invoice and schedule of all work carried out will be provided by the customer
to the Lessor, if not, a penalty may be charged at the cost of 10% of the vehicle’s CAP Retail value and/or 100% of any breakdown costs that
the Lessor deems to be due to the customers failure to correctly service the vehicle. The Customer acknowledges that by failing to service the
vehicle in line with the manufacturer’s guidelines, they may void all warranty on the vehicle and the Lessor may put the vehicle OUT OF
PROGRAMME. If the vehicle is put out of programme the Customer will be required to immediately purchase the vehicle at the CAP Retail
value as deemed on the date the vehicle is noted as being out of programme.
31. The Lessor reserves the right to charge the Customer for any damage caused to the vehicle during the term. The vehicle will be Defleeted and
will be assessed, any damage will be estimated in line with BVRLA Standards. The Lessor will aim to provide the Customer with an estimate of
costs within 28days for payment. Upon assessment the Lessor may deem the vehicle out of programme if the damage exceeds £3,000.00 in
value, has damage requiring the replacement of a structural panel, has a mileage exceeding the agreed mileage limit or has not been serviced
in line with the manufacturer guidelines.
32. The Lessor agrees where possible, to arrange the inspection and defleet of the vehicle within 7 days from the end of the vehicles term as set
out within the Purchase Order Form. The Customer MUST make the vehicle available on any date during this 7 day period. The Lessor will try to
arrange a mutually acceptable date and time.
During the inspection the customer MUST adhere to the following to ensure the inspection can be carried out as smoothly as possible: -
The Inspector must be able to walk around the vehicle without being impeded.
The vehicle must be made available during all times (8am - 5pm).
If the vehicle is fully electric the vehicle must be fully charged upon collection of the vehicle, failure to do so may result in the vehicle not being accepted and taken.
The vehicle is clean and roadworthy.
The Vehicle must not be driven after the inspection has taken place.
The following must also be present with the vehicle upon inspection and collection: -
Full book pack and service book updated and FULLY completed (with service invoices) as per the manufacturers scheduled guidelines.
MOT Certificate (if applicable).
All vehicle keys, fobs and cards, including any spares.
Spare wheel, tools and locking wheel nuts (if applicable).
Manufacturers in-car entertainment system, medical cable and navigation disk / card (if applicable).
Parcel shelf, luggage netting, mats and all other items the vehicle was provided with.
33. If any items required are not provided during the defleet the cost to replace these as per the manufacturer will be charged and payable by the
Customer. An additional admin fee will be charged per missing item and/or document. The Lessor is not able to accommodate documents or
items provided after the inspection and defleet and the fee will remain payable and will be at the discretion of the Lesser and will be as per our
standard admin fee per item.
34. Upon receipt of the inspection report detailing the estimated defleet cost. If the Customer is wishing to dispute anything within the inspection
report / defleet costings, they must notify the Lessor in writing and no later than 2 working days after the report is provided by the Lessor.
35. The Customer understands and accepts that the monthly rate charged per vehicle does not include RFL (Road Fund Licence) and this will be
charged in addition to the monthly rate in line with the DVLA. The Customer understands and accepts that the RFL may change month to
month but will always be in line with the DVLA.
36. The Customer MUST return the vehicle within 7 days of the end of lease date. After 7 days, the Lessor will increase the monthly rental costs by
50% + VAT and will reserve the right to charge any additional costs such as road tax, Servicing and MOT’s. The Lessor may alternatively put the
vehicle “out of programme” and the Customer will be required to immediately purchase the vehicle at the CAP Retail value as deemed on the
date the vehicle is noted as being out of programme. The customer will also be liable for any excess rental charges that are charged to the
Lessor from their supplier.
37. The Customer must make the Lessor aware if they believe or it would be reasonable deemed that the vehicle will go over the agreed mileage on
the contract.(i.e, the agreed mileage is 16,000 miles on a 24 month contract and the vehicle has done 10,000 miles after 12 months) The Lessor
reserves the right to charge the Customer for any miles carried out over the mileage allowance agreed within this agreement. If the vehicle is
returned early for any reason, the Lessor will calculate the mileage on a pro rata basis and over mileage charges will be issues based on the
calculations. (i.e the lease is for 12 months with 20,000 mileage allowance and the vehicle is returned after 10 months with 18,000 mileage. On a
Pro rata basis, the vehicle should have only done 16,666 miles and as such, the vehicle will be deemed as being 1,334 miles over the agreed limit.
“Prestige Tariff” is deemed by the Lessor as any vehicle that could be deemed as a prestige vehicle. Over mileage may be charged at ;
Over mileage Standard Tariff Prestige Tariff
0 - 500 £0.12 £0.12
501 - 1000 £0.20 £0.50
1001 - 2000 £0.50 £1.00
2000 + The vehicle will automatically be deemed “out of programme” unless otherwise previously agreed in writing with the Director of Flex-E-Lease Limited.
38. The Customer acknowledges that the Finance Houses used by the Lessor to fund Goods have certain rights under this Agreement, even though
they are not signatories of the same. These rights include: -
(a) The right to visit or enter the Customer’s place/s of business to ascertain the whereabouts of any Goods funded by them;
(b) The right to uplift the Goods if the Customer is in payment arrears to the Lessor or if the Lessor is in any breach (or howsoever described)
under any Agreement between the Lessor and the Finance House;
(c) In the event that the Lessor enters administration, receivership or liquidation and has not paid the Finance House for the Goods, the Finance
House has the absolute and immediate right to enter the Customer’s premises or those of the Customer’s to identify the whereabouts and uplift
the Goods;
(d) Alternatively, the Finance House may, at its complete discretion and without prejudice to their rights agree to enter into a direct relationship
with the Customer to continue leasing the Goods until the end of the Contract Period under this Agreement.
39. The Lessor reserves the right to install and maintain a GPS tracking device and/or remote immobilization system in the leased vehicle. In the event
that any lease payment is not received by the due date, the Lessor may activate the immobilization system, rendering the vehicle inoperable until
payment is received in full. The Lessee must not tamper with, remove, or attempt to disable any tracking or immobilization device installed in the
vehicle without the Lessor’s prior written consent. Should any such device be removed or rendered non-functional, the vehicle must not be used
and a replacement tracker will be installed on site. A charge of £300.00 + VAT will apply for the installation of the new tracker (subject to variation
depending on the tracker model and supplier), and an additional administration fee of £50.00 + VAT will be charged for facilitating this process.
40. The customer acknowledges that by signing the lease agreement, the customer is providing their explicit consent to allow the vehicle to be
tracked. Under the UK General Data Protection Regulation (GDPR) and the Data Protection Act 2018. Flex-E-Lease Limited will use this data to
monitor driver behaviors, mileage, servicing and location should the vehicle be reported stolen. Information will be stored for the duration of the
signed lease agreement. As referred in paragraph 39, the vehicle tracking system will be used for location details and immobilization should
payment not be made for the vehicle. Our full specific policy document can be viewed on our website.
41. If we do not enforce, or we delay in enforcing, our rights under this Agreement (for example, our right to terminate it), this does not mean we
have given up those rights and we may enforce them at a later date.