SEAT 4-day test drive for Business and Fleet Cars
SEAT 4-day Test Drive for Business and Fleet Cars
1) Terms & Conditions
The following terms and conditions set out the agreement between us and you (“Agreement”) and apply to the use of the SEAT vehicle provided by us to you (provided you fulfil the eligibility criteria set out in paragraph 12) for demonstration purposes (“Vehicle”).
We reserve the right to delay, postpone, vary or withdraw the test drive or to amend the terms of this Agreement without prior notice at any time, for whatever reason, and without liability to you for doing so.
Your acceptance and use of the Vehicles shall constitute specific acceptance of the terms and conditions of this Agreement, the terms and conditions of your local retailer and any additional restrictions imposed by us. Test drives are offered subject to Vehicle availability, eligibility. We reserve the right to refuse a test drive.If there is a conflict between this Agreement and the Confirmation of Use, the Confirmation of Use will take precedence.
A reference to the "Parties" shall be a reference to you and us, and a reference to a "Party" shall be a reference to either you or us.
Unless specified otherwise in the Confirmation of Use, you may use the Vehicle for one (1) maximum continuous period of four (4) days, beginning on the date of delivery by us.
We shall not be bound by any anticipated delivery date. An extension of your period of use may be agreed in writing in advance by us.
Title in the Vehicle shall remain with us at all times.
You shall not offer to sell, assign, lease, mortgage, charge, encumber or part with possession or otherwise deal with any Vehicle nor create or allow any lien over the Vehicle.
Any breach of this clause shall entitle us to bring your period of use to an end immediately and to recover the Vehicle with immediate effect. For the avoidance of doubt, all other rights are expressly reserved.
Subject to the last paragraph in this section, you shall insure all Vehicles on a fully comprehensive basis for all usual risks (including fire, theft, accident, write-off and third party liability) and for the full replacement value of the Vehicle without any unusual excess or restriction throughout the duration of this Agreement (and after then until the collection of the Vehicle by us) with a reputable insurance provider at your own expense. We may require to approve your choice of insurers.
You agree that you shall adhere to the terms of your insurance policy and you will provide to us on demand a copy of your certificate of insurance and evidence that all premiums have been paid.
You shall provide us with a copy of your certificate of insurance before or on delivery of the Vehicle by us.
In the event of accident, theft or any damage howsoever caused to the Vehicle, you shall promptly notify the SEAT Demonstration Service. The SEAT Demonstration Service shall decide, in its absolute discretion, what repairs to carry out to the Vehicle and who shall be appointed to carry out those repairs. You shall not carry out, nor shall you authorise any third party (including your insurer’s network of repairers) to carry out, any repair to the Vehicle or any part of it without our express prior written consent.
In the event of a claim, you shall be liable for any excess and you shall pay any insurance money received from the insurance provider to us, as applicable.
We may (in our sole discretion) agree in the Confirmation of Use to insure your use of the Vehicles on a fully comprehensive basis. The insurance will be provided by Volkswagen Financial Services (or such other provider as we may specify from time to time). The insurance will cover own-damage and third-party liability, but shall exclude personal injury claims. You acknowledge that the insurance cover explicitly excludes racing, pacemaking, reliability trials, speed testing, off-road use, use while towing a greater number of trailers than is permitted by law or use for hire or reward. Use of the Vehicle for any such purpose is strictly prohibited. You shall be responsible for a £250 plus VAT excess on all claims made under the insurance. Any damage incurred due to your driver’s negligence shall be your responsibility, and our insurance provider reserves the right to charge for any such damage.
You are responsible for the Vehicle for the duration of your period of use and until it is collected by us. Any loss or proven damage or injury to any Vehicle or any person using it or to any person as a consequence of the Vehicle or its use, shall be at your risk.
You shall be liable for loss or damage arising as a result of wilful misuse of any Vehicle, breach of this Agreement or which arises while the Vehicle is out of your control during your period of use or prior to the collection of the Vehicle by us (except as permitted under this Agreement or as a result of theft)
We (SEAT UK Fleet Business Centre on 0800 464 0405) must be informed immediately of any accident, theft or any damage whatsoever caused to the Vehicle or any part of it. You shall not carry out any work or repairs to the Vehicle or any part of it or carry out any servicing without our express prior written consent.
You shall indemnify us and our authorised retailers in respect of all direct costs, expenses, liabilities, injuries, losses, damages or proceedings which we and our authorised retailers incur or suffer, howsoever caused, arising directly out of or in connection with the use of the Vehicle.
Nothing under this heading shall restrict or limit our general obligation at law to mitigate any loss we may suffer or incur as a result of an event that may give rise to a claim under this indemnity.
We do not exclude any liability under the manufacturer’s warranty, or for death or personal injury caused by its negligence or for any matter which it would be illegal to exclude or attempt to exclude.
7) Roadside Recovery
The Vehicle is covered for breakdown assistance and roadside recovery services. In the event that this service is required, you should contact the SEAT UK Fleet Business Centre on 0800 464 0405 stating the Vehicle registration number and that the Vehicle is subject to these terms and conditions as a demonstrator vehicle.
Delivery of the Vehicle shall take place when the Vehicle is delivered to the address shown in the Confirmation of Use and signed for by you or your authorised representative. The Vehicle must be inspected by you on delivery. Any defects or discrepancies must be noted on a Vehicle Movement Record, to be signed by the delivery driver and you or your authorised representative.
Any defects or discrepancies noted on delivery of the Vehicle to you and recorded on the Vehicle Movement Record will be rectified by us and you shall not be responsible for these defects or discrepancies.
9) Vehicle Return Procedure
The Vehicles must be made available for collection by us between 9am and 5.30pm on the agreed date stated in the Confirmation of Use. The Vehicles shall be returned to us in a clean and roadworthy condition, both internally and externally, allowing for fair wear and tear during the period of use. We shall be entitled to charge a late return fee of £51.94 plus VAT for the Vehicle (on a daily basis, or part thereof) if the Vehicle is not available for collection on the agreed date. You shall pay this charge on demand (together with VAT as applicable).
Any damage identified by you at the time of collection must be recorded by you on the Collection Advice Note and signed by our agent and you or your authorised representative.
In addition, the Vehicle will be subject to thorough inspection within three (3) working days of collection. You will be responsible for all reasonable and proven costs associated with returning any Vehicle to a condition matching that at the beginning of your period of use as evidenced by the Vehicle Movement Record (fair wear and tear excepted). We reserve the right to charge you for the reasonable and proven cost of any required repairs where a Vehicle has been subjected (in our reasonable opinion) to unreasonable or unauthorised use or abuse.
You agree to pay the same within fourteen (14) days of receipt of the invoice. Failure to pay such sum shall entitle us to charge interest at 2% above the base lending rate of the Bank of England, as may be varied from time to time.
The cost of fuel is not included as part of this Agreement. You shall ensure that the Vehicle is returned with the same level of fuel as when the Vehicle was delivered to you. We reserve the right to charge for any fuel used but not replaced.
11) Fines and Penalties
You shall, without limitation, pay promptly all bridge tolls, congestion charges and any fines (fixed or otherwise) or penalties in respect of parking, driving or similar offences incurred in connection with the use of the Vehicle during your period of use. In the event of failure to settle fines promptly (and within the period specified in the notice), we reserve the right to charge an additional administration charge of £25 plus VAT (up to a maximum £100 plus VAT per fine) each time we are required to contact you when you miss a deadline. You will be responsible for any increase in costs which arise out of any delays by you.
We will comply with our legal duties under all applicable law including but not limited to section 172 of the Road Traffic Act 1988 and will provide information (including your name and address) in response to any request from police and other relevant authorities for the purposes of identifying the user of a Vehicle at a particular date and time in respect of any alleged speeding or parking fines, penalties, motoring offences and congestion charges.
You and any Driver are not permitted to smoke in the Vehicle and will comply with the requirements of the applicable no smoking laws and regulations of England, Northern Ireland, Scotland and Wales (as applicable) and you (or the Driver) shall be liable for any proven claims which may be brought against you (or the Driver) pursuant to any such legislation.
12) Vehicle Use
Vehicles for test drives are subject to availability. We cannot guarantee that a particular Vehicle or model will be available to test drive.
The Vehicle may be driven by any person duly authorised by you (“Driver”) to drive the Vehicle provided that the Driver (i) is appropriately insured; (ii) holds a current and valid full UK driving licence, (iii) is over the age of twenty five (25), (iv) has no more than six (6) penalty points on their driving licence; and (v) is in good health and has eyesight at least to the standard required by law for driving. You shall be responsible for ensuring these conditions are satisfied and must notify us of any changes to any Driver’s driving licence.
The Vehicle is provided for demonstration and evaluation purposes only and should not be used for any other purpose. The Vehicle is only to be used under standard driving conditions unless otherwise agreed. For the avoidance of doubt, the Vehicle cannot be driven off road without our prior written approval.
Drivers should take good care of the Vehicle and return it in the same condition as when delivered (save for reasonable fair wear and tear). No accessories or parts are to be removed from or affixed to the Vehicle. The Vehicle must only be driven in mainland UK (excluding the Channel Islands and Isle of Man) or Northern Ireland unless prior written approval has been given by us.
You must, and you must ensure that the Driver must, at all times, provide secure accommodation for the Vehicle, and keep it locked and safe when not in use.
You agree that you shall not place any signage or advertising on, or mark in any way, the Vehicle.
In addition, you shall not, and you shall procure that the Driver does not, do anything in respect of or in connection with the Vehicle which may contravene relevant Road Traffic Acts or any other applicable legislation in force from time to time. Without limitation, you shall and you shall procure that the Driver shall:
a) not drive under the influence of alcohol or controlled drugs;
b) not use a handheld mobile phone (or other communication and/or electronic device) while the Vehicle is in motion;
c) wear a properly fastened seat belt at all times (whether driving, or being driven) while the Vehicle is in motion;
d) not drive the Vehicle is you (or the Driver as applicable) are taking any medicines where it is recommended that you (or the Driver as applicable) should not drive;
e) not drive the Vehicle if you (or the Driver as applicable) suffer from any medical conditions which could affect your (or the Driver's as applicable) ability to drive safely and in accordance with all applicable laws, regulations and code;
f) comply with all applicable directions.
You agree that, where the Vehicle is a connected car, the Vehicle data including but not limited to position data and maintenance data will be submitted to us for the purpose of monitoring the Vehicle's maintenance and, if necessary, Vehicle recovery. For the avoidance of doubt, a breach of this Agreement by you will entitle us to retake possession of the Vehicle using this data in the event we deem it necessary.
13) Termination of Agreement
Either Party may terminate the use of any Vehicle upon either Party giving 24 hours written notice to the other.
We may terminate this Agreement immediately by notice in writing to you if:
a) you or a Driver is banned from driving, for any period of time or convicted of a criminal offence or the Driver ceases employment with you or ceases to hold a valid driving licence; or
b) you do or omit to do something which, in our reasonable opinion, could bring our good name into disrepute or is detrimental to the image of our brand or reputation; or
c) you are bankrupt or suffer another form of insolvency event; or
d) you are in breach of any conditions of this Agreement.
Upon termination of this Agreement, you shall promptly make available for collection by us the Vehicle as we may direct. The Vehicle must be in a clean and good state of repair. In the event of failure to make the Vehicle available for collection, you grant us an irrevocable licence to enter upon your premises where the Vehicle is stored to repossess the Vehicle and you shall be liable for all proven claims or rights of action arising therefrom.
Termination for whatever reason is without prejudice to the rights, duties and liabilities of either Party accrued prior to termination. The provisions of these terms and conditions which expressly or by implication have effect after termination shall continue to be enforceable notwithstanding termination.
14) Right of Inspection
You shall, and you shall procure that the Driver shall, allow us, our servants or agents, to inspect the Vehicle at any reasonable time and upon reasonable prior notice shall give us reasonable access for the purposes of such inspection.
Any charges under this Agreement (including, without limitation, any insurance excess, late return fee, fuel charge, fines, penalties or administration fees) may (in our discretion) be charged by us by means of a deduction from your or your Driver's credit card account.
We will not, in any circumstances, be responsible for any personal, company or other tax liabilities arising from the provision of the Vehicle under this Agreement or otherwise. Such responsibility and liability will, in all cases, remain with you and the Driver(s).
Upon commencement of this Agreement, you will provide us with your VAT number. If you cease to be registered for VAT purposes you will notify us in writing within thirty (30) days of the date of deregistration.
By signing this Agreement, you agree to self-billing for VAT purposes and the conditions set out in Regulation 13 of the VAT Regulations 1995. We will, for the duration of this Agreement, issue self-bills in the event that you provide us with goods and services in return for the supply of the Vehicle under this Agreement. You will not issue us with VAT invoices in respect of any goods or services provided in this way.
You accept that we give no warranty of any nature relating to the Vehicle other than the standard manufacturer’s warranty applicable to the Vehicle. To the fullest extent permitted by law, we exclude all warranties, conditions or other terms implied by statute or common law.
We will not be liable to you for any loss or damage damage of any nature, howsoever caused, sustained in any way by you, any Driver or any other person. However, nothing in these Terms shall have the effect of excluding or restricting liability for personal injury or death caused by proven negligence of Volkswagen Group United Kingdom Limited nor any other liability which it would be unlawful to exclude or restrict.
Any notice to be given must be in writing and delivered either by hand (deemed received immediately) or first class recorded delivery post (deemed received forty-eight (48) hours after posting) to the registered address of the other Party or to such address as either Party may notify the other from time to time.
No variation or modification of this Agreement shall be in any way effective unless in writing, and signed by persons authorised on their behalf by the Parties.
20) Force Majeure
Both Parties shall be relieved of any liability arising out of any failure by either Party to fulfil an obligation under this Agreement the fulfilment of which is prevented as a consequence of an Act of God, war, fire, flood, explosion, civil riot, civil commotion, import or export regulations or embargoes, strikes, lock-outs or other industrial activities or trade disputes, acts of terrorism, pandemic, epidemic, disease outbreak, public health crisis or governmental act or interruption in utilities or any other cause beyond the reasonable control of the Party.
21) Entire Agreement
This Agreement constitutes the entire understanding and agreement between the Parties with regard to the subject matter hereof and supersedes any previous agreement, promises, assurances, warranties, representations and understandings between them relating to its subject matter.You acknowledge that this Agreement has not been entered into in reliance on any warranty, statement, promise or representation other than those in the Agreement.
You agree that you have no claim against us for misrepresentation (unless made fraudulently).
a) Neither of the Parties shall be entitled to assign or otherwise dispose of this Agreement or any interest or benefit arising under this Agreement in any manner whatsoever whether in whole or part.
b) This Agreement does not constitute, establish or imply any licence or authority for you to use any of our trade marks or logos, or any other intellectual property and you agree not to use any of our trade marks or logos, or any other intellectual property, without our prior written consent.
c) This Agreement does not constitute, establish or imply any partnership, joint venture, agency, employment or fiduciary relationship between the Parties. Neither Party shall have, nor represent that it has, any authority to make or enter into any commitments on the other’s behalf or otherwise bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability or the exercise of any right or power).
d) Each Party shall comply with applicable laws (including but not limited to those relating to data protection) and shall ensure it has in place adequate procedures to prevent bribery.
e) If any part of this Agreement is held to be invalid for any reason, that invalidity will not affect the rest of the Agreement, which will remain valid or enforceable in all respects.
f) A failure to exercise or delay in exercising a right, power or remedy provided by this Agreement or by law does not constitute a waiver of that right, power or remedy nor shall any single or partial exercise of any such right, power or remedy preclude its further exercise.
g) No third party shall have the benefit of or the right to enforce the terms of the Agreement.
23) Governing Law
The construction, validity and performance of this Agreement shall be governed in all respects by English Law and the Parties irrevocably agree that the Courts of England and Wales shall have exclusive jurisdiction in any proceedings which may arise out of or in connection with this Agreement (whether contractual or non-contractual in nature such as claims in tort, from breach of statute or regulation or otherwise).