The Customer is the private individual or company as specified in the CUSTOMER section of the Vehicle Loan Form. The Supplying Dealership is the company named at the top of the Loan Agreement. The Vehicle is the vehicle described in the VEHICLE section of the Loan Agreement.
- The Customer agrees that the Vehicle will not be taken outside mainland Great Britain.
- The Supplying Dealership has no liability whatsoever for property carried or left in the Vehicle, including property left in the Vehicle on return to the Supplying Dealership.
- The Vehicle must not be used:
(a) for carrying passengers or goods for hire or reward, racing, pacemaking, reliability trial, speed testing.
(b) for any unlawful purpose.
(c) for carrying more passengers than it was originally designed to carry.
(d) if any mechanical failure or structural damage to the Vehicle may cause further damage.
(e) by any person not licenced to drive the Vehicle or any person under the influence of alcohol or drugs.
- Courtesy cars are issued with no less than a ¼ tank of fuel; the Customer agrees to ensure the Vehicle returns to the Supplying Dealership at the end of the loan period with no less than a ¼ tank of fuel. If the Vehicle is returned with less than a ¼ tank of fuel a standard £10 administration charge will apply.
- Where the Customer has undertaken to self-insure the Vehicle, then this cover must be for the full duration of the loan and fully comprehensive. The Customer then agrees to fully indemnify the Supplying Dealership where there is any shortfall in the difference between the Supplying Dealership's loss and the Customer's insurance payment or if the insurance company fails to pay out for any reason.
- The Customer is liable to pay for any loss that the Supplying Dealership may sustain as a result of the wilful action of the Customer or any other loss that may arise for whatever reason during the loan period. Where the person signing this agreement on behalf of the Customer is not the Customer, they warrant that they are authorised to sign for the Customer, and is jointly and severally liable with the Customer under this agreement.
- The Customer agrees to return the Vehicle on request by the Supplying Dealership, regardless of any agreed return date. If the Customer fails to respond to a reasonable request for the return of the Vehicle, then the Supplying Dealership is entitled to repossess the Vehicle.
- The Customer has no powers to authorise any repairs to the Vehicle and any driver of the Vehicle may not hold themselves out to be the servant or agent of the Supplying Dealership for any purpose whatsoever.
- The Customer is liable as the owner for any fines and charges incurred during the loan period. Fines and charges could include: all parking fines or charges; toll charges; towing charges; clamping costs; traffic fines or charges; speeding fines; and any other charges or fines. The Customer further agrees that their credit or debit card may be debited to cover all costs as outlined above, including any administrative charges levied in respect of any offence.
- The Customer agrees:
(a) to inform the Supplying Dealership immediately where any damage is sustained to the Vehicle or if the Vehicle develops any faults then the Supplying Dealership must be given the opportunity to effect repairs.
(b) to carry out regular checks on fluid levels, tyre condition, pressures and bulbs.
(c) to obtain names and addresses of third parties and witnesses in the event of damage or potential loss.
(d) to return the Vehicle promptly as agreed to the Supplying Dealership's address, during business hours in a clean condition, together with all of the Vehicle's fittings and accessories and indemnify the Supplying Dealership for the cost of replacement of any missing items or for any cleaning costs. It is a breach of this agreement for the Customer to fail to return the Vehicle to the Supplying Dealership at the end of the loan period and the damages payable for such breach will be the rental charges that would be payable by the Supplying Dealership to replace the Vehicle for the period concerned.
(e) to safeguard the Supplying Dealership's interests in the event of any accident involving the vehicle, by obtaining the names and addresses of all relevant drivers and witnesses, securing the vehicle, taking photographs and where appropriate, notifying the police.
(f) that this agreement is not assignable by the customer.
(g) that this document (together with any agreed attachment here to contains the entire understanding between the parties and that no addition or alteration of the terms shall be valid unless made in writing and signed by the duly authorised officer of the Supplying Dealership.
(h) that they are not entering into this agreement on the basis of any warranty or representation by the Supplying Dealership.
(i) The failure of the Supplying Dealership to enforce any term of this agreement shall not be construed as a waiver of its rights hereunder.
(j) Smoking is prohibited in the vehicle.
- The Supplying Dealership may end this agreement immediately if the Customer is in breach of any provision of paragraph 3 or for any other serious breach of this agreement. The Supplying Dealership retains any other rights and remedies provided by law. If the Supplying Dealership exercises its right under this paragraph it shall have the right to repossess the Vehicle and the Customer will not have any right to compensation.
- In the event that the Customer continues to operate the Vehicle after the Supplying Dealership has terminated the agreement under paragraph 11 then the customer acknowledges and agrees that the Supplying Dealership shall have the right to notify the police the Vehicle has been stolen.
- The Excess for any insurance cover provided under the dealerships policy (including waivered charge) may vary for additional drivers depending on their age etc(where the dealership agrees to cover additional drivers.) Please ask at the dealership for details.
- The customer agrees to drive within the speed limit and obey the rules of the Highway Code.
- The customer agrees they will not drive in an inappropriate manner such as incorrect gear changes, over revving the engine or any other action that may cause damage to the vehicle or engine.
ADDITIONAL CONDITIONS WHERE THE SUPPLYING DEALERSHIP HAS ARRANGED INSURANCE COVER
A1. All Customers and drivers must provide truthful answers to the Supplying Dealership's insurance underwriting questions and must not withhold any information that may be relevant to the underwriters decision to provide cover.
A2. The Customer agrees to indemnify the Supplying Dealership in full if as a result of the above term the Supplying Dealership suffers any losses.
A3. The Customer agrees to pay the agreed insurance excess in full, immediately following a potential insurance claim.
A4. The Customer acknowledges that in the event of a claim all of the information provided by the Customer will be made available to the insurers who may pass this information to central registers for use in assessing future insurance claims.
A5. This contract is subject to and deemed to include the terms, conditions and limitations of the Supplying Dealership's insurance policy, a copy of which may be inspected at the offices of the Supplying Dealership.
A6. The Customer acknowledges and accepts that the maximum liability of the Supplying Dealerships insurance policy in respect of any theft of or damage to, the Customers personal belongings in the vehicle shall not exceed 150.00 in respect of any one loss.
EU General Data Protection Regulation (regulation (EU) 2016/679 (GDPR)) For the purposes of the GDPR, the Data Controller in relation to personal data you supply for the purposes of this vehicle loan is the Supplying Dealership. Insurance Administration: Information you supply may be used for the purposes of insurance administration by the insurer, its associated companies and agents, by reinsurers and our intermediaries. It may be disclosed to regulatory bodies for the purposes of monitoring and / or enforcing the insurers compliance with any regulatory rules /codes. In assessing any claims made, the insurer or its agents may undertake checks against publicly available information (such as electoral roll, county court judgements, bankruptcy or repossessions). Information may also be shared with other insurers either directly or via those acting for the insurer (such as loss adjusters or investigators). In the case of personal data, you have the right to access and if necessary, rectify the information held about you. Special Category Data: In order to assess the terms of the insurance contract or administer claims which arise, the insurer may need to collect data which the GDPR defines as special category data (such as medical history or criminal convictions). By proceeding with this application you will signify your consent to such information being processed by the insurer or its agents. Penalties, fines and charges: Information you supply may be disclosed to regulatory bodies for the purposes of administering penalties, fines and charges such as speeding, parking and the London Congestion Charge. Fraud Prevention and Detection: In order to prevent and detect fraud the insurer may at any time: Share information about you with other organisations and public bodies including the Police; Check and/or file your details with fraud prevention agencies and databases, and if you give us false or inaccurate information and the insurer suspects fraud, the insurer will record this.
Jardine Automotive Limited, a company registered in England and Wales under company number 00153658 with its registered office at 770 The Crescent, Colchester Business Park, Colchester CO4 9YQ, registered with the Financial Conduct Authority under 311345 and VAT number 406 9746 29. This is a must under the Companies Act 2006