Terms and Conditions
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 provided by us to you for demonstration purposes (“Vehicle”).
Your acceptance and use of the Vehicles shall constitute specific acceptance of the terms and conditions of this Agreement.
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, without our prior written consent, 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.
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 excludes 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 your driver’s negligence shall be your responsibility, and our insurance provider reserves the right to charge for any such damage.
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 fully responsible for all proven damage to any Vehicle incurred whilst in your possession. We may, in our absolute discretion and with no obligation, choose to assist you with repairs to any Vehicle.
We (Volkswagen 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 repair to the Vehicle or any part of it 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 Volkswagen 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 the Driver (as defined below) 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 recharge to you the reasonable and proven cost of any required repairs where a Vehicle has been subjected to unreasonable or unauthorised use or abuse.
You agree to pay the same within fourteen (14) days of receipt of the invoice.
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 addition, you shall not do anything in respect of or in connection with the Vehicle which may contravene relevant road traffic acts or any other applicable legislation.
Failure to settle fines promptly (and within the period specified in the notice) will result in 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.
You 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 shall be liable for any proven claims which may be brought against you pursuant to any such legislation.
12) Vehicle Use
The Vehicle may be driven by any person duly authorised by you (“Driver”) to drive the Vehicle provided that the Driver is appropriately insured and holds a current full E.U. driving licence, is over the age of twenty five (25), and has no more than six (6) penalty points on their driving licence. 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.
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 or Northern Ireland unless prior written approval has been given by us.
You must, at all times, provide secure accommodation for the Vehicle, and keep it locked and safe when not in use.
13) Termination of Agreement
Either Party may terminate the use of any Vehicle upon either Party giving two (2) week’s written notice to the other.
We may terminate this Agreement immediately by notice in writing to you if:
a) a Driver is banned from driving, for any period of time or convicted of a criminal offence or 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 are 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 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 be charged by us by means of a deduction from your or your drivers 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 Drivers.
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.
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 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.
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) You agree that you shall not place any signage or advertising on, or mark in any way, the Vehicles.
d)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).
e) 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.
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.