TERMS & CONDITIONS FOR 28 DAY FLEXI LEASE

1. TERMS
1.1 The Company – Autohorn Fleet Services Limited of The Engine Works, Fermetol Trading Estate, Leeman Road, York, YO26 4XD
1.2 Agreement Holder – You the Hirer
1.3 Actual Mileage – the mileage recorded upon collection and return of the vehicle
1.4 Basic Maintenance – costs incurred by The Company for reasonable wear and tear of the vehicle or a mechanical fault covered by the manufacturer’s warranty.
1.5 Excess Mileage Penalty – The mileage charge for extra miles will be staggered with a low amount being charged up to the maximum mileage quoted for that vehicle and a higher amount above. Excess mileage
charges do not include other costs incurred by going over the agreed mileage such as tyres, servicing etc. All mileage allowances and charges are pro-rated daily.


2. CONTRACT CONDITIONS
2.1 A set list of cars will be made accessible to the Agreement Holder before commencement of negotiation. The Company reserve the right to change the list at any time.
2.2 Mileage penalties will be incurred should the Actual Mileage exceed the agreed limit.
2.3 Fuel charges will be incurred should the vehicle be returned with less fuel as marked on the vehicle condition report and will be charged at a premium of £2.00 + VAT per litre.
2.4. The Rental Agreement must be signed by both Agreement Holder and The Company.
2.5. A report will be completed on the condition of the vehicle. This report will be completed in the presence of the Agreement Holder and signed.
2.6. The Company and The Hirer has, after 28 days, the option to terminate the contract agreement at any time by giving 24 hours’ notice.
2.7. The contract cannot last longer than 28 days and after 28 days a new contract will automatically start.


3. AGREEMENT HOLDER’S OBLIGATIONS AND RESPONSIBILITIES DURING CONTRACT
3.1 Insurance
3.1.1 Fully comprehensive insurance must be provided by the Agreement Holder at all times during the contract term. However, if the Agreement Holder is a corporate company with cover including Third Party, Fire
and Theft, The Company will authorise the contract if the Agreement Holder provides full cover and costs for all repairs.
3.1.2 A copy of the Agreement Holder’s Insurance Certificate, once fully checked must be lodged with The Company for audit purposes.
3.1.3 Any changes to insurance cover must be notified to The Company within 24 hours of change.
3.1.4 In the event of a claim, the policy excess will be the responsibility of the Agreement Holder.
3.1.5 In the event of an accident, The Company will undertake repairs and will forward the invoice to the Agreement Holder.
Payment from the insurers will be accepted however, ultimate liability is with the Agreement Holder.
3.1.6 The Company accepts no responsibility for loss/damage caused by an uninsured driver.
3.2 Standard Services Provided
3.2.1 If a mechanical repair, covered by the manufacturer’s warranty is required during the contract term, The Company must be informed immediately.
3.2.2 If the Company is not informed of any necessary repairs, and costs are then incurred against the vehicle, these costs would be charged to the Agreement Holder.
3.3 Accidental Loss/Damage to vehicle
3.3.1 The Company to be notified immediately of any accident or incident. Repairs will be organised by The Company. The
Contract Rate will be chargeable during the repair period.
3.3.2 Vehicle Write-Off – Should the vehicle be written off, The Agreement Holder will reimburse The Company at the Market Value of the vehicle.
3.3.3 Vehicle Theft – During the period of theft, The Agreement Holder will continue to pay contract rates until theft deemed to be either a write off, where clause 3.3.2 would come into effect, or the vehicle is
repossessed, where the vehicle will be repaired as per clause 3.3.1
3.3.4 Replacement Keys – Chargeable to the Agreement Holder.
3.3.5 Windscreen – Repair/Replacement is the responsibility of the Agreement Holder. (See Appendix II)
3.3.6 Tyres – Together with other mechanical parts damaged through negligence of Agreement Holder (eg. Curbing of tyres) will be the Agreement Holder’s responsibility. Replacements should be made on a like for like basis only

3.3.7 Cost of repairs invoiced to Agreement Holder if subject to any of the following:

• Exterior – Considered to be in excess of standard ‘Fair Wear and Tear’ condition. (See Appendix II)

• Interior – Considered to be in excess of standard ‘Fair Wear and Tear’ condition. (See Appendix II)

• Equipment – Replacement of any missing original parts.
• Mechanical – Due to driver neglect/abuse
3.3.8 Personal belongings left in the vehicle remain the responsibility of the Agreement Holder at all times.

3.4 Use of vehicle
The Agreement Holder Shall:
3.4.1 Not use vehicle as a taxi or hire car, nor use for racing or rallying purposes.
3.4.2 Not use vehicle for driver training, nor let the vehicle be driven by any person who does not hold a current UK driving license (not provisional).
3.4.3 Ensure that no accessories are fitted to the vehicle. Should an accessory be deemed an important requirement, written permission from The Company is required.
3.4.4 Not alter the specifications of the vehicle, or alter the appearance of the vehicle in any way. This includes the replacement of any accessories or non-standard parts, and the application of logos.
3.4.5 Ensure that manufactures recommendations are adhered to in respect of oil, coolant, anti-freeze levels and tyre pressure.
3.4.6 Upon request of The Company, allow inspection of the vehicle.
3.4.7 Ensure that any driver conforms to all legal requirements, and any insurance requirements.
3.4.8 Ensure the vehicle is kept locked when not in use, and any alarm switched on. Any security measures that are available should be taken (e.g. removal of radio).
3.5 Use of Vehicle outside the UK
3.5.1 If the vehicle is to be used outside of the UK, written permission must be sought and received from The Company. The maximum period a vehicle can be taken overseas is 28 days. During this time, adequate
breakdown cover must be provided by the Agreement Holder which must be AA 5 Star Assist or equivalent. The Agreement Holder’s Insurance Policy must cover overseas use and documentation is to be supplied to
The Company before travel. All local legislation relating to the use of the vehicle must be adhered to.
3.5.2 Regardless of fault it is the Agreement Holder’s responsibility to ensure the vehicle is returned to the UK in the event of a breakdown, accident or any other reason.
3.6 Parking Fines and Driving Offences
3.6.1 The Agreement Holder is responsible for all fines, penalties, toll charges, congestion charges and other such items incurred whilst the vehicle is held under a rental agreement. Any such charges referred to The
Company will be charged as a separate item, through The Company’s offences department. A charge, currently £27+VAT, will be added to cover the administration costs of this.
3.7 Taxation matters
3.7.1 It is The Agreement holder’s responsibility to take appropriate professional advice and ensure correct compliance for all taxation matters as it affects the hirer or the hirer’s company/business entity in respect
of this agreement.


4. THE COMPANY’S OBLIGATIONS AND RESPONSIBILITIES DURING CONTRACT
Vehicle fleet management including:
4.1 Fully valeted vehicle.
4.2 Full Road Fund Licence for all vehicles.
4.3 Roadside Assist in the UK.


5. OWNERSHIP OF THE VEHICLE
5.1 The Agreement Holder cannot jeopardise the ownership of the vehicle at any time. This includes renting, leasing, sub-leasing, mortgaging, selling or any other form of ownership transfer

6. CONTRACT CONCLUSION
6.1 Upon return of the vehicle, a report will be completed on the condition of the vehicle. This report will be completed in the presence of the Agreement Holder. The vehicle assessment conducted does not cover
the Agreement Holder for underbody damage. The Agreement Holder accepts that a separate underbody inspection will be conducted upon de-fleet and any repairs necessary will be the responsibility of the
Agreement Holder.
6.2 If the vehicle requires repairs after being returned, the Agreement Holder indemnifies The Company against all direct loss as a result.
6.3 The vehicle must be replaced when requested by The Company. If the vehicle is not made available for replacement, penalty charges will be incurred.


7. INVOICING AND PAYMENT
7.1 The Agreement Holder may choose any vehicle shown in the Vehicle Selection List together with the rates. The rates shown will be charged based on the vehicle selected. These rates will form part of this
agreement.
7.2 Payments are to be made in advance and it is up to Agreement Holder to make sure there account is always one payment in advance plus any agreed deposit amounts. Please see Appendix IIII for our policy on
failed and late payments.
7.3 During the contract term, the agreed contract rate will be charged. All charges will be exclusive of VAT, which will be charged as a legal requirement.
7.4 Interest may be levied on overdue payments.
7.5 The Agreement Holder must complete an Application Form and abide at all times with the terms and conditions associated with that application.
7.6 If the vehicle is stolen, and not returned within 4 weeks, the Agreement Holder will be invoiced for the fully written down value of the vehicle, at which time, the vehicle becomes the legal property of the
Agreement Holder/Insurance Company.


8. CONTRACT TERMINATION
8.1 The Company can terminate all rights of the Agreement Holder if:
8.1.1 The Agreement Holder becomes insolvent
8.1.2 The Agreement Holder fails to observe obligations of the agreement including payment of contract rental.
8.1.3 If the Agreement Holder acts in breach of the contract and fails to remedy breach within 14 days of notification of that breach.
8.1.4 The Agreement Holder acts in breach of the terms and conditions associated with the credit application.
8.2 In a situation where the vehicle is written off, or deemed written off as a result of theft, reimbursement to The Company will be made to the written down value of the vehicle on The Company books and the
contract terminated.


9. ARBITRATION
If there is a dispute with this agreement, the details shall be passed to both parties Executives for settlement. If settlement is not reached within 14 days, the matter shall go to arbitration. The BVRLA will appoint an
arbitrator in accordance with the Arbitration Acts 1950-1996.
Decision of the arbitrator is final.


10. PUBLICITY
The relationship between Agreement Holder and The Company shall not be announced or advertised without written consent between the parties, and is dependent on the content of the advertisement.


11. FORCE MAJEURE
In the event of either party being unable to fulfil any obligation of this agreement due to a cause beyond its reasonable control, including but not limited to, strikes, fire, flood, subsidence and war, neither party will
be liable.


12. NOTICES
Official notices and correspondence in connection with this Agreement shall be addressed to each party’s respective registered office mentioned herein above or to such other address as the party has designated to
receive such notices. Notices are deemed given on the date on which they are delivered, whether personally or by expedite delivery service; on the date transmitted by facsimile; twenty four hours after
transmission by telex with confirmed answer back; or four days after mailing.

13. VARIATIONS AND ENTIRE AGREEMENT
This agreement together with its Appendices constitutes the entire Agreement and supersedes prior discussions, negotiations, proposals, understandings or representations.
No modification of this agreement shall be binding on either party unless made in writing and signed by an authorised representative of each party.


14. CONTRACT CHARGES
Vehicles attaining to this Agreement, and charges, are as given on the price list.


15. WAIVERS
No waiver of rights.


16. FINANCIAL INFORMATION
Can be reasonably requested.
Credit checks can be undertaken from time to time.


17. LAW AND JURISDICTION
The Agreement shall be considered as an Agreement made in England and Wales and as such the Courts of England and Wales shall have exclusive jurisdiction over all disputes which may arise between the parties
whether under the Agreement or otherwise and further shall be interpreted in accordance with the law of England and Wales.
Appendix II
Acceptable Condition of Vehicle upon Return


VEHICLE INSPECTION
The purpose of the inspection is to ensure that the vehicle meets the required standards of de-fleet, as specified in this document. Cars must be presented in a clean condition internally and externally.


ACCIDENT DAMAGE NOTIFICATION
All accident damaged vehicles must be repaired by an approved Autohorn Fleet Services Ltd repairer.


MINIMUM RETURN STANDARDS
The following standards assume that vehicles are complete, structurally sound, all mechanical and electrical components are in working order and that the vehicles comply with all current construction and use
legislation.


BODY & PAINT
Acceptable
Minor body dents, typically those caused by door-to-door contact, provided that:-
I. Less than 25mm (1”) in diameter – maximum 1 dent per panel to a maximum of 3 per vehicle.
II. Access to Cold Dent Repair / Smart Repair
III. Not caused paint to crack or flake
IV. Light surface scratches not through the top coat which will be removed by polishing/touch up.
V. Stone chips up to 2mm, if not rusty, to a maximum of 5 per panel.
VI. Touch in repairs to a standard that matches the existing colour of the vehicle.
VII. Previous repairs to an acceptable standard.

Not Acceptable
I. Paint and body work carried out by a repairer not approved by Autohorn Fleet Services Ltd.
II. Dents on swage lines, folded edges and insufficient access to cold dent repair.
III. Previous body repairs and paint rectification will be rejected if evidence of poor colour match, ripples, preparation marks, visible overspray, masking lines or excessive dirt in paint, dents on panels 25mm
(1inch), or greater in diameter.
IV. All paint chips greater than 2mm. All paint chips over 5 per panel.
V. Industrial/chemical fall out or other forms of contamination such as bird lime.
VI. Scratches that penetrate the top coat, and will not easily polish out.
VII. Body panel misalignment.
VIII. Underbody damage affecting the structural integrity of vehicle or warranty.
IX. Damaged aerials.


BUMPERS AND BODY MOULDINGS
Acceptable
I. Scuff marks up to 75mm (3 inches) which do not break the paint or adversely affect the overall appearance of the vehicle.
II. Not Acceptable
III. Discoloured, loose, cracked, distorted, gouged or split bumpers and mouldings that require replacement, plastic welding or painting.
IV. Dented bumpers and/or any dents penetrating through to the base material – where painted.
V. Repairs not conforming to original finish and specification.


TYRES AND WHEELS
Acceptable
I. Vehicle must have matching tyres of the same brand, size, type and wheels on each axle (on both axles for four wheel drive vehicles).
II. Replacement tyres must be of the same quality as the originals and of a known reputable brand.
III. Scuffed sidewalls which can be cleaned.
IV. Light scuffs to wheel trims.
V. All vehicles must be returned complete with spare wheel, which must be of matching type and quality as the others or, space saver spare wheel if provided with vehicle.
Not Acceptable
I. Tyres showing uneven wear indicating steering damage, ie tyre tread feathering.
II. Remoulds and other sub-standard tyres.
III. Any gouge or crack, cut, torn, plugged tyre side wall.
IV. Less than 3mm tread depth remaining across the centre 75% of the tyre width on all tyres including the spare.
V. Cracked or distorted wheel trims.
VI. Damage to alloy wheels.


GLASS
Acceptable
I. A maximum of 2 chips per windscreen, of less than 3mm providing they do not obscure the drivers line of vision.
II. Windscreen ‘smart’ repairs must comply with current M.O.T. legislation.
III. Lenses with minor chips which do not detract from the overall appearance of the vehicle or affect the efficiency of the lamp.
IV. Not Acceptable
V. Scratches and cracks in glass or stone chips with signs of cracking.
VI. Chips greater than 3mm.
VII. Incompatible window etchings.
VIII. Lenses with chips and cracks.

THE INTERIOR
The interior must be in good standard condition, commensurate with the age and mileage of the vehicle.
Acceptable
I. Normal wear and tear to carpets, trim, upholstery etc.
II. Seat cover/trim repairs to a high standard.
III. High quality texture repairs or colour matching plugs resulting from the removal of telephone/accessory equipment.
Not Acceptable
I. Burns to trim, seat covers, headlining and floor coverings.
II. Stains or discoloration of a permanent nature. All other stains must be removed.
III. Tears, cuts, rips and holes through seat covers, headlining and floor coverings.
IV. All broken or damaged interior mouldings, panels and components.
V. Holes resulting from the removal of telephone/accessory equipment.
VI. Excessive cigarette smoke or pet odour.
Spare keys, transmitters and codes, alarm system, locking wheel nuts, handbook, service books must be complete and left in the vehicle. If such items are missing at de-fleet the vehicle will be rejected.


IN CAR AUDIO EQUIPMENT
All vehicles should be returned with in car audio equipment. Should it be necessary to replace a unit through breakage or theft then it should be of the same quality and specification as the original.


SPURIOUS PARTS AND SUBSTITUTED ITEMS
Wherever replacement parts have been necessary, genuine parts should have been used.


SERVICE DETAILS
All vehicles must be serviced, in accordance with manufacturer’s instructions, by an approved centre.


VEHICLE OPTIONS AND ACCESSORIES
All vehicle options and accessories supplied with the vehicle must be on board and working correctly. If such items are missing or not working at de-fleet, the vehicle will be rejected.
Appendix III
Procedure for reporting Accident / Incident / Theft
If your vehicle has been stolen notify the Police immediately.
(Remember the crime number given to you by the police)
1. Report all accidents/incidents/thefts ASAP to Autohorn Fleet Services Ltd
2. An accident/incident report form will be sent to you by the Accident Management Department.
3. Autohorn Fleet Services Ltd at their discretion will arrange the repair.
4. Authorisation to proceed with repairs will be given to the Accident Repair Centre by Autohorn Fleet Services Ltd.
5. The vehicle will be repaired as soon as possible by our Accident Repair Centre, who will arrange with yourself the return of the vehicle.
6. If the vehicle is deemed a write-off, you will be invoiced for the full market value of the vehicle, less the value obtained for the salvage.
Autohorn Fleet Services Ltd retains all rights to the vehicle
7. If your stolen vehicle is returned you must notify Autohorn Fleet Services Ltd immediately and they will arrange to have the vehicle checked / inspected for safety reasons and repair any damage.
8. If the vehicle has already been paid for, it will now be the property of the Agreement Holder/Insurance Company.
If at any time you wish to hire a replacement vehicle for the period of repairs, one can be hired to you on a standard short-term hire agreement from one of our many national locations.

If your vehicle breaks down
1. Contact the vehicle’s Roadside Assist provide (AA, RAC, Greenflag, Mondial)
2. The Roadside Assist contact Tel No can be found either on the back of the Road Tax disc.
3. If Roadside Assist cannot repair the vehicle, they will tow the vehicle and take you to the nearest retail repair centre.
4. Authorisation will have to be given to the repair centre for them to carry out repairs.
5. Once the repairs have taken place, the vehicle will be returned to you.
6. If the vehicle breaks down due to neglect or abuse from the driver, the costs of the repair will be forwarded to you.
Appendix IIII
Procedure for late or missed payments and vehicle recovery
Please note it is your responsibility, as the Agreement Holder, to ensure we have the correct, up to date bank / card details and that your payment goes through on time and that we have your correct contact details
on file.
1. Following a failed payment either by direct debit or credit / debit card a £25 + VAT charge will be levied to your account.
2. We will then contact you within the next working day to arrange payment which must be by same day bank transfer, credit/debit card or cash.
3. If you cannot make payment in full by the above method or we cannot contact you we will make immediate arrangements to repossess the vehicle which will incur extra charges.
4. If we cannot make contact with you and/or you fail to make contact with us we will report the vehicle as stolen to the police.
If you think that you will be having issues in paying for you vehicle hire please contact our finance department on: 01904 557 526 or via email your account manager PRIOR to your payment failing.