Hire Agreement Regulated By The Consumer Credit Act 1974-Books Pdf

Hire Agreement regulated by the Consumer Credit Act 1974
11 Jan 2020 | 21 views | 0 downloads | 18 Pages | 766.97 KB

Share Pdf : Hire Agreement Regulated By The Consumer Credit Act 1974

Download and Preview : Hire Agreement Regulated By The Consumer Credit Act 1974


Report CopyRight/DMCA Form For : Hire Agreement Regulated By The Consumer Credit Act 1974



Transcription

Key Information, Security is not required A guarantee of your obligations under this agreement is required. 1 You must pay us the following charges if you breach this Agreement inclusive of VAT preparing a default notice or termination notice 25 and where any direct. debit or cheque payments are returned unpaid 25 You shall repay on demand Aldermore s expenses and all legal costs on a full indemnity basis for a finding. your address if you change address without notifying Aldermore in accordance with clause 14 2 and or b finding the Equipment if it is not at the address notified. by you on page 2 of this Agreement and or c the appointment of administrators and or d taking steps including court action to recover the Equipment or to. obtain payment for it You shall pay on demand Aldermore s reasonable expenses in relation to any letter that Aldermore may send to you and any reasonable. expenses incurred by Aldermore a where the standing order or direct debit payment is not made by its due date for whatever reason and or b in writing a letter. before action and or c in respect of an arrears visit 2 If this Agreement or the hiring of the Equipment is terminated by Aldermore in accordance with clause 10. Termination you shall pay to Aldermore a all arrears of Rentals payments and other sums due up to the date of termination including any interest due on any. unpaid amounts b a sum equal to all Rentals which but for the termination of the hiring of the Equipment would have become due and payable during the remainder. of the Primary Hire Period referred to on page 1 of this Agreement each discounted at the rate of 2 per annum from the date of termination to the date the Rental. would have been due c all costs losses expenses and liabilities incurred by Aldermore directly or indirectly in connection with terminating or redeploying any funding. arrangement including but without limitation any swap in place in respect of this Agreement on or following the termination or expiry of this Agreement and d. damages for any breach of this Agreement and all expenses and costs incurred by Aldermore in retaking possession of and selling or attempting to sell the Equipment. and or enforcing Aldermore s rights under this Agreement 3 You agree to indemnify Aldermore a against all losses arising directly or indirectly from your failure or. alleged failure to carry out your duties under this Agreement and for any loss suffered by any person including Aldermore from the use of the Equipment any defect. in it or Aldermore exercising any right in relation to it see clause 6 1 b against all losses arising directly or indirectly from your hiring possession operation or use. of the Equipment under this Agreement see clause 6 1 and c in respect of all loss or damage to the Equipment insofar as Aldermore shall not be reimbursed by. the proceeds of insurance see clause 8 3 4 You shall pay interest on all sums payable under this Agreement which are overdue at 5 per annum above Finance. House Base Rate as from time to time published see clause 4 3 5 If you stop paying by direct debit and pay Aldermore by some other method then Aldermore may. increase every Rental so paid by 3 see clause 4 2 6 If the Equipment is a vehicle or comprises of vehicles and Aldermore pays the amount of any charge fine or. other fixed penalty relating to the vehicle you must repay to Aldermore the amount of the charge fine or fixed penalty together with Aldermore s administration. costs in relation to the charge fine or fixed penalty see clause 3 12 7 If you reschedule this Agreement you will be liable for the expenses set out in clause 16 2 You. will also be liable for the expenses set out in clause 16 3 in relation to the provision by Aldermore of additional services including a novation of this Agreement. This Agreement is not cancellable, MISSING PAYMENTS Missing payments could have severe consequences and may make obtaining credit more difficult. IMPORTANT READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS. The Consumer Credit Act 1974 covers this agreement and lays down certain requirements for your protection which should have been complied with when. this agreement was made If they were not the owner cannot enforce this agreement against you without getting a court order If you would like to know. more about your rights under the Act contact either your local Trading Standards Department or your nearest Citizens Advice Bureau. Your Signature, This is a Hire Agreement regulated by the Consumer Credit Act 1974 Sign it only if you want to be legally bound by its terms. Signature of Hirer s Date s of signature s, Under this agreement the goods do not become your property and you must not sell them. Customer s Declaration,By signing this Agreement you confirm that.
You have read and understand the Terms of Agreement in particular clause 9 Warranties and Exclusion of Liability of the Agreement. The information given by you when applying to enter this Agreement is correct. The Supplier does not act as your agent You confirm that the Supplier provided the Equipment and Aldermore is providing finance to you in respect of. the Equipment, No partnership or agency exists between the Supplier and you and the Supplier is not authorised to make any statement on your behalf. Other than as shown in this Agreement you have not made any payment in relation to arranging or accepting this Agreement. You have read and agree with the DATA PROTECTION STATEMENT and USE OF YOUR PERSONAL INFORMATION sections on page 7of this. Agreement and that you make the declaration contained within such page. Additional Customer Supplier details, Main Contact Name Legal Entity Rebate of sales proceeds. Nature of business Equipment Location,Name and address of Supplier. Important use of your information, About us with additional service specific information about the use of your personal. In this notice we provide examples of how personal data is collected and how data which should be read alongside this notice. it is used More information on this can be found by reviewing our full privacy Our full privacy policy. policy You can also contact our Data Protection Officer if you have any. It is important that you understand how the personal information you give. questions about this notice would like further information about the points. us will be used Therefore we strongly advise that you read our full privacy. raised or to exercise any of your rights,policy or you can ask us for a copy.
From time to time and in particular when you provide us with additional. www aldermore co uk legal privacy policy, personal information or add additional products we may also provide you. Aldermore Signature For and on behalf of Aldermore Bank PLC. Aldermore Signature Agreement Start Date,Name Printed. Page 2 of 7 ALDERMORE COPY FL R 0418 AAF486 0418 004618. Instruction to your,bank or building society,to pay by Direct Debit. Please fill in the whole form using a ball point pen and send it to. Aldermore Bank PLC,4th Floor Block D,Apex Plaza,Forbury Road. RG1 1AX Service user number,6 5 5 3 4 9,Name s of account holder s Reference.
Instruction to your bank or building society, Please pay Aldermore Bank PLC Direct Debits from the account detailed in this. Bank building society account number Instruction subject to the safeguards assured by the Direct Debit Guarantee I. understand that this Instruction may remain with Aldermore Bank PLC and if so. details will be passed electronically to my bank,building society. Branch sort code, Name and full postal address of your bank or building society. To The Manager Bank building society,Address Signature s. Postcode Date, Banks and building societies may not accept Direct Debit Instructions for some types of account.
This guarantee should be detached and retained by the payer. Direct Debit, This Guarantee is offered by all banks and building societies that accept instructions to pay Direct Debits. If there are any changes to the amount date or frequency of your Direct Debit Aldermore Bank PLC will notify you 10 working days. in advance of your account being debited or as otherwise agreed If you request Aldermore Bank PLC to collect a payment. confirmation of the amount and date will be given to you at the time of the request. If an error is made in the payment of your Direct Debit by Aldermore Bank PLC or your bank or building society. you are entitled to a full and immediate refund of the amount paid from your bank or building society. If you receive a refund you are not entitled to you must pay it back when Aldermore Bank PLC asks you to. You can cancel a Direct Debit at any time by simply contacting your bank or building society. Written confirmation may be required Please also notify us. Page 3 of 7 ALDERMORE COPY FL R 0418 AAF486 0418 004618. Terms of Agreement, 1 The Equipment and Lease Period 3 11 If the Equipment is a vehicle to which the Goods Vehicles Licensing of Operators Act. 1 1 This Agreement shall come into effect on the date it is signed by Aldermore Aldermore 1995 applies then you must ensure that any operator of the vehicle including any person. agrees to allow you to take on hire the Equipment described on page 1 of this Agreement to whom you may sublet the vehicle possesses a valid operator s licence for the vehicle. the Equipment on the Terms set out in this Agreement Aldermore may request to see evidence of this licence at any time during the term of this. 1 2 The Agreement is for the initial Primary Hire Period set out on page 1 of this Agreement. Unless Aldermore has terminated the hiring under clause 10 at the end of the Primary 3 12 If the Equipment is a vehicle or comprises of vehicles you will pay any charges fines. Hire Period the hiring of the Equipment shall continue automatically on the Terms set out or other fixed penalties relating to the vehicle immediately If you fail to do so Aldermore. in this Agreement thereafter from year to year unless you give to Aldermore at least three may pay the amount of the charge fine or penalty for you You will then repay that amount. months prior written notice to end the hiring such notice to expire on the last day of the to Aldermore on demand together with such sum as Aldermore considers reasonable to. Primary Period of Hire or any anniversary of such date If you do give us notice upon expiry cover its administration costs connected with the charge fine or fixed penalty Details of. of that notice we may appoint you as our agent to sell the Equipment in accordance with Aldermore s charges are available on request and will be notified to you in any event before. clause 14 you are charged, 1 3 Subject to clause 14 on expiry or termination of the hiring of the Equipment for any 4 Payment of Rentals. reason you shall return the Equipment to Aldermore in accordance with clause 12 Return of 4 1 You shall pay to Aldermore the Rentals which for the avoidance of doubt means. the Equipment the initial Rental the Primary Hire Period Rentals and any Secondary Hire Period Rentals. as set out on page 1 of this Agreement and any other payments specified on page 1. 2 Delivery of Equipment and Inspection or otherwise of this Agreement at the times shown there or at such other times as. 2 1 You are responsible for collecting and taking delivery of the Equipment You declare Aldermore may notify to you on or before the due dates. that you have selected the Equipment and that it is satisfactory to your requirements in. every respect You agree to inspect the Equipment on delivery and to notify Aldermore 4 2 Punctual payment by Direct Debit is a condition of and is essential to this Agreement. immediately in writing of any defect If you fail to notify Aldermore in writing of any defect If you stop paying by Direct Debit and pay Aldermore by some other method not agreed in. within 5 days of delivery of the Equipment you shall be deemed to have accepted the writing by Aldermore then Aldermore may increase every Rental so paid by 3 to cover its. Equipment as satisfactory and fit in all aspects additional administration costs. 2 2 You will allow Aldermore or its duly authorised agent s or representatives access upon 4 3 You shall pay interest on all sums payable under this Agreement which are overdue at. reasonable notice at any time to inspect the Equipment and any records log book manual 5 per annum above Finance House Base Rate as from time to time published Interest will. or hand book forming part of the Equipment accrue on a day to day basis from the due date until the date of payment after as well as. before any judgment or decree Such interest is payable on demand and without prejudice. 3 Use of Equipment to any other right or remedy which Aldermore may have under this Agreement. 3 1 You are responsible for any loss theft destruction of or damage to the Equipment on the 4 4 Subject to clause 13 1 f all Rentals and other sums due under this Agreement from. date of delivery to you until it is sold recovered by Aldermore or otherwise disposed of you to Aldermore shall be paid without demand by Direct Debit or any other means agreed. 3 2 You shall keep the Equipment properly serviced maintained and in good repair and in writing by Aldermore and shall be paid without any deduction set off counterclaim or. condition and will pay all costs necessary to do so All servicing and maintenance must withholding whatsoever There shall not be any rebate or deferral of any payment during. be carried out by properly trained and qualified personnel strictly in accordance with the any period in which the Equipment is not working is not in your possession is unserviceable. recommendations of the manufacturer of the Equipment Any replacement parts and or is unavailable for use for any reason. lubricants used must be manufactured to the standard and specification recommended by 4 5 All sums due to Aldermore under this Agreement are unless otherwise stated. the manufacturer of the Equipment and you shall maintain complete records of all service exclusive of VAT which shall be charged in accordance with the relevant regulations in force. maintenance and repair to the Equipment All replacement parts fixed to the Equipment will at the time of making the taxable supply and shall be paid by you. belong to Aldermore and will be subject to the terms of this Agreement. 5 Customer s Representations Warranties and Undertakings. 3 3 The Equipment will remain personal and moveable property even if temporarily fixed to. land or buildings and if the Equipment becomes fixed to land or buildings you will make sure 5 1 You represent and warrant to Aldermore that. that any person who has an interest in the land from time to time gives Aldermore in writing a you have the power to enter into perform and deliver and have taken all necessary. a waiver of any right to the Equipment and a right to enter land and remove the Equipment action to authorise your entry into performance and delivery of this Agreement and. If requested by Aldermore you will attach Aldermore s name plate to the Equipment any required security agreement. 3 4 You will tell Aldermore immediately if you change your address You will not change the b there are no constraints on your ability to enter into this Agreement and any required. location of the Equipment from the Equipment Location shown on page 2 of this Agreement security agreement and nothing in this Agreement will cause any borrowing limit. without Aldermore s prior written consent Where the Equipment is a vehicle you may take imposed on you to be exceeded and. the Equipment outside the United Kingdom to any country within the European Union for. c to your best knowledge and belief no litigation arbitration administrative or as. a period not exceeding a total of 28 days in each calendar year Whenever the Equipment. applicable bankruptcy proceedings which could or would have a material adverse. is taken outside the United Kingdom you must ensure that your insurance policies provide. effect on your financial condition or operations or upon your ability to perform your. fully comprehensive cover for the Equipment on an all risks basis for its full replacement. obligations under this Agreement and any required security agreement is current. value including repatriation expenses for each country you visit. pending or is threatened against you or any of your assets and neither you nor any. 3 5 You will ensure that the Equipment is always used legally which for the avoidance of of your assets are subject to any individual voluntary arrangement. doubt means in accordance with any statute or other rule regulation or order and in a. 5 2You agree to keep Aldermore informed of the financial progress of your business and at. careful and proper manner by properly trained and skilled personnel in strict accordance. Aldermore s request supply such information as Aldermore may from time to time require. with the operating instructions issued by the manufacturer of the Equipment and the. concerning your financial position or the Equipment and its use. government agency or any statutory authority, 3 6 You will keep the Equipment in your possession and under your control and shall keep 6 Indemnity. the Equipment free from any lien pledge charge hypothec or other encumbrance You 6 1 You agree to indemnify Aldermore against all loss actions claims demands proceedings. will not sell or attempt to sell assign transfer mortgage lend let sublet licence or give whether criminal or civil costs legal expenses on a full indemnity basis insurance. the Equipment to anyone or otherwise part with possession of the Equipment without premiums and calls liabilities judgments damages or other sanctions whenever arising. Aldermore s prior written consent directly or indirectly from your hiring possession operation or use of the Equipment. 3 7 You will not make any alterations to the Equipment without Aldermore s prior written under this Agreement or otherwise from your failure or alleged failure to carry out your. consent unless the manufacturer has recommended such alteration or you are legally duties under this Agreement or by reason of any loss injury or damage suffered by any. obliged to do so and you will notify Aldermore immediately of any such alteration and if person including without limitation Aldermore from the presence of the Equipment or the. any hubometer odometer hour clock or similar usage measuring device attached to or delivery possession hiring transportation condition use operation removal return sale or. incorporated in the Equipment fails temporarily or permanently or is replaced disposal by Aldermore or any defect in the Equipment or the design manufacture testing. maintenance or overhaul of it or Aldermore exercising any right in respect of the Equipment. 3 8 During the hire period and until termination or expiry of this Agreement you will at all or its ownership or hiring The provisions of this clause 6 1 shall continue in full force and. times at your cost maintain in full force and effect all permissions certificates licences effect notwithstanding the termination of this Agreement for any reason. registration permits and authorisations required by any governmental or statutory. authority in connection with the Equipment and or the premises in which the Equipment 7 Insurance. is kept and if the Equipment comprises of vehicles you will at all times ensure that each 7 1 Aldermore request that you at your own expense insure the Equipment with a. vehicle is validly licensed has a current Department of Transport Test Certificate and reputable insurer on an all risks basis with no unusual excess and no exclusions for its full. complies with all other requirements as to inspection testing plating insurance and replacement value and against third party liability in each case in an amount satisfactory. otherwise as for the time being required by law to Aldermore Aldermore s interest should be noted on any policy of insurance as the. 3 9 You will not permit the Equipment to be used in contravention of any patents or other owner of the Equipment and loss payee of any insurance proceeds and you should be able. intellectual property rights of third parties to produce evidence of such insurance to Aldermore on request If you do not insure the. Equipment or do not provide evidence on request then Aldermore shall have the right but. 3 10 Where the Equipment includes software you shall obtain all software licences not the obligation to insure it at your expense and to increase the Rentals payable under this. necessary for the use and operation of the Equipment comply with the terms of such Agreement accordingly after giving you any notice required by law. software licences and indemnify Aldermore against any claim made against Aldermore for. breach of such software licences Aldermore does not licence any software and is not liable 7 2 If you make an insurance claim then you must notify Aldermore immediately. for any failure of any software, Page 4 of 7 ALDERMORE COPY FL R 0418 AAF486 0418 004618.
7 3 You shall hold any insurance monies which you receive in respect of the Equipment on b any act of fraud committed by Aldermore or any fraudulent misrepresentation made. trust for Aldermore Aldermore may apply any insurance monies at its option towards the by Aldermore or. cost of repair or reinstatement of the Equipment or towards payment of any sum or sums. c any other liability which cannot be excluded by law. due to Aldermore under this Agreement, 9 11 In no event will Aldermore be liable to you in contract tort or other area of law including. 8 Total Loss any liability for negligence, 8 1 If the Equipment is lost stolen or in Aldermore s or the insurer s opinion cannot be. a for any loss of revenue business anticipated savings or profits or any loss of use or. economically rectified a Total Loss you must tell Aldermore immediately and the hiring. of the Equipment will terminate automatically If there is more than one item of Equipment. and not all the Equipment suffers such Total Loss then the hiring will terminate only in b for any indirect or consequential loss or damage. relation to the item or items in question and Aldermore reserve the right to vary the Rentals in each case however caused or arising even if foreseeable. accordingly, 8 2 On the expiry of 30 days after a Total Loss or such period of time agreed in writing 10 Termination. by Aldermore required to enable a claim to be made to the insurers after the occurrence 10 1 The hiring of the Equipment under this Agreement will terminate on Aldermore giving. giving rise to such Total Loss you agree to pay to Aldermore an amount equal to the sum written notice to this effect to you and Aldermore may repossess the Equipment following. calculated under the provisions of clause 11 1 as if Aldermore had lawfully terminated the the occurrence of any of the events below. hiring of the Equipment under clause 10 Termination on the date of such Total Loss save a you fail to pay any sum payable due to Aldermore under this Agreement within 3. that in such calculation deduction of the net proceeds of sale shall be replaced by deduction days of its due date for such payment. of the amount of any insurance money that has been received by Aldermore prior to the. expiry of the 30 days or such period of time agreed in writing by Aldermore under the b you breach any other term of this Agreement and in the case of a remediable breach. policy or policies maintained in compliance with clause 7 Insurance and provided that such breach is not remedied within 3 days of its occurrence. such sums shall be paid together with accrued interest thereon calculated in accordance c you have made any representation or provided any information to Aldermore from. with clause 4 3 from the date of the Total Loss until the date of payment On Aldermore s time to time in connection with the negotiation or continuation of this Agreement. receipt of the amount set out in this clause 8 2 this Agreement or such part of this and such representation or information provided is found to be incorrect as to a. Agreement as it relates to the Equipment the subject of the Total Loss shall terminate Any particular which in the opinion of Aldermore is material. Rentals remaining to be paid in respect of the remaining Equipment shall be recalculated by. Aldermore to maintain its net rate of return and notified to you d you cease or threaten to cease to carry on business or if there is any change in your. direct or indirect ownership whether legal or beneficial or in the control of you from. 8 3 You are solely responsible for and agree to indemnify Aldermore in respect of all loss or that existing at the date of this Agreement. damage to the Equipment insofar as Aldermore shall not be reimbursed by the proceeds. of insurance however caused occurring at any time before physical possession of the e any event occurs which has or is likely to have in Aldermore s opinion a material. Equipment is taken by Aldermore adverse effect on your business properties or condition financial or otherwise. or on your ability to duly perform and observe any of your obligations under this. 8 4 You will use your best endeavours to ensure prompt payment of any insurance Agreement. proceeds to Aldermore, f you do anything which may prejudice Aldermore s rights to or in the Equipment. 9 Warranties and Exclusion of Liability g you are in material default under any other agreement at any time executed with. 9 1 You are responsible for choosing the Equipment and making sure that it is fit and suitable Aldermore. for its purpose Aldermore is not a dealer or expert in the Equipment and has given no. advice or assurances about the Equipment or its quality or suitability The Equipment is h you default under any finance product with any third party or Aldermore including. acquired by Aldermore at your request solely for the purpose of hiring the Equipment to but not limited to a finance agreement or other agreement or obligation relating to. you borrowing or under any guarantee, 9 2 Aldermore agrees that upon request and at your cost and expense to assign to you the i any other agreement or the hiring thereunder with you is terminated by Aldermore.
benefit of all express warranties granted in Aldermore s favour in relation to the Equipment or terminated automatically. by the Supplier the manufacturer or otherwise by any third party j the Equipment or any part of it becomes an actual or constructive Total Loss. 9 3 You and Aldermore recognise that there is a risk that the Equipment may not perform k you become or are deemed to become insolvent or unable to pay your debts within. as expected and may not be satisfactory to you and appreciate that the allocation of risk is the meaning of as appropriate sections 222 223 or 224 of the Insolvency Act 1986. a matter of agreement between the parties You and Aldermore have agreed that you shall. bear this risk on the terms set out in this clause 9 l a winding up or an interim or bankruptcy petition is presented in respect of you or. a sequestration order is made against you or you receive a statutory demand under. 9 4 If the law requires terms to be implied into this Agreement then you and Aldermore the Insolvency Act 1986 or the Bankruptcy Scotland Act 1985. hereby agree that Aldermore is not liable for any breach of such terms as if the breach of. any such term had been allocated differently Aldermore would have increased the amount m you enter into liquidation whether compulsory or voluntary save for the purposes of. of the Rentals payable or would have not entered into this Agreement a solvent reconstruction or amalgamation. 9 5 The Equipment is not hired to you with any guarantee warranty term condition or n a provisional liquidator is appointed in respect of you. representation express or implied about the condition description suitability quality o notice of intention to appoint an administrator is filed at court or an application for an. fitness for purpose performance or age of the Equipment All guarantees warranties administration order is issued by the court in respect of you. terms conditions and representations implied by statute or otherwise are expressly. p an administrator administrative receiver receiver or manager is appointed in respect. excluded to the maximum extent permitted by law, of the whole or any part of your assets or any steps are taken to appoint the same. 9 6 Aldermore s liability to you for any breach of this Agreement shall not under any. q you propose to enter into any composition or arrangement with your creditors. circumstances exceed an amount equal to 50 of the total Rentals due under this. generally or any class of creditors or call a meeting of your creditors. r where you are a partnership the partnership is dissolved or any of the partners dies. 9 7 Aldermore shall not be liable to you, s any other steps are taken to enforce any encumbrance over all or part of the assets. a under contract or in tort for loss injury or damage arising by reason of any defects in. and or undertaking of you, the Equipment whether such defects be latent or apparent on examination other. than liability for death or personal injury arising from Aldermore s negligence t you are subject to an event similar to any event set out in clauses 10 1 k to 10 1 s in. any other jurisdiction or, b for any statement term condition warranty or representation made by any supplier. dealer agent broker or other person through whom this transaction may have been u any event set out in clauses 10 1 k to 10 1 t occurs in relation to any guarantor of. introduced negotiated or conducted and persons other than those employed by your obligations under this Agreement. Aldermore have no authority express or implied to act as Aldermore s agent. 11 Consequences of Termination, c either for any loss suffered by you as a result of the Equipment or any part of the.
11 1 Upon the hiring of the Equipment being terminated under clause 10 Termination you. Equipment being unusable or to supply any replacement equipment or any part. shall pay to Aldermore, during any period when the Equipment or part of it is unusable. a all arrears of Rentals payments and other sums due up to the date of termination. d for any loss or damage incurred or sustained by you in consequence of Aldermore. including any interest due on any unpaid amounts, terminating the hiring under clause 10 Termination or in re taking possession of the. Equipment b a sum equal to all Rentals which but for the termination of the hiring of the. Equipment would have become due and payable during the remainder of the. 9 8 Aldermore gives no warranties that the Equipment does not or that your use of the. Primary Hire Period referred to in page 1 of this Agreement each discounted at the. Equipment will not infringe any patents trademarks registered designs copyrights or. rate of 2 per annum from the date of termination to the date the Rental would have. intellectual property rights owned or possessed by any third party and Aldermore shall not. be liable to you for any loss suffered by you in any way as a result of any infringement. c all costs losses expenses including legal fees and liabilities incurred by Aldermore. 9 9 You represent and warrant to Aldermore that you have obtained from the Supplier of. directly or indirectly in connection with terminating or redeploying any funding. the Equipment appropriate and prudent representations and warranties in relation to the. arrangement including but without limitation any swap in place in respect of this. Agreement on or following the termination or expiry of this Agreement or the hiring. 9 10 Nothing in this Agreement shall exclude or limit Aldermore s liability in relation to of the Equipment. a any death or personal injury arising from Aldermore s negligence or that of d damages for any breach of this Agreement and all expenses and costs incurred. Aldermore s employees including legal fees by Aldermore in retaking possession of and selling or. Page 5 of 7 ALDERMORE COPY FL R 0418 AAF486 0418 004618. attempting to sell the Equipment and or enforcing Aldermore s rights under this b to negotiate on Aldermore s behalf a sale of the Equipment on the open market. Agreement and for an arms length price to any third party not being connected to you within the. meaning of sections 1122 and 1123 of the Corporation Tax Act 2010 or sections 993. e all interest accrued on the amounts payable under b to d above. and 994 of the Income Tax Act 2007 as appropriate, 11 2 After termination of the hiring of the Equipment Aldermore will if in possession of the. c you shall not make any representations conditions or warranties in respect of. Equipment try to sell the Equipment and should Aldermore do so Aldermore shall credit. the Equipment whether as to the quality condition or fitness for any purpose of. to your account the net proceeds of sale of the Equipment excluding VAT and costs of. the Equipment or otherwise on Aldermore s behalf and you shall ensure that all. repossession insurance storage and sale incurred by Aldermore including legal fees less. representations warranties terms and conditions express or implied as to the same. any amounts due by you under this Agreement, shall be excluded except for Aldermore s title to the Equipment. 12 Return of the Equipment d you will not take any equipment or any other asset in part exchange for the. 12 1 Upon termination of the hiring of the Equipment other than upon the occurrence of a Equipment. Total Loss or the expiration of the hiring of the Equipment and in the event that Aldermore. e your appointment as Aldermore s sales agent under this clause 14 may be. does not appoint you as Aldermore s sales agent in accordance with clause 14 below you. terminated on written notice by Aldermore to you at any time following the. agree to continue to carry out your obligations under this Agreement until the delivery up to. occurrence of an event as set out in clause 10 or where you act in material or. Aldermore of the Equipment and at your cost and expense including the cost of removal. persistent breach of the terms set out in this clause 14 and shall terminate on expiry. and dismantling costs shall, of 90 days from the date of your appointment On termination of the sales agency.
a re deliver the Equipment serviced and maintained and in good repair and working you will return the Equipment to Aldermore in accordance with clause 12. order as provided in clause 3 Use of Equipment together with all records log book. f prior to the sale of the Equipment you shall notify Aldermore of the third party. manuals and hand books to Aldermore at such address as Aldermore may designate. purchaser and the sale price for the Equipment Aldermore shall render a VAT invoice. and in a condition that complies in all respects with the terms of this Agreement. to the purchaser for the sales price and any VAT thereon Sales Proceeds. b store the Equipment at your premises or at such address in the United Kingdom as. g title to the Equipment shall remain with Aldermore until the Sales Proceeds are. Aldermore may request until the return of the Equipment to Aldermore. received by Aldermore in cleared funds whereupon title in the Equipment shall pass. c without prejudice to the foregoing allow Aldermore its nominated agent s or to the purchaser. representatives access to any premises where the Equipment may be for the. h you agree that you will not sell or agree to sell the Equipment other than pursuant to. purpose of inspecting and removing it and if Aldermore is required to carry out. the terms of the sales agency as set out in this clause 14 and. any service maintenance repair or other work to the Equipment so as to put it in. the condition specified in clause 3 Use of Equipment or to discharge any of your i you agree that you will not delegate your authority as set out in this clause 14 2. obligations referred to in that clause to reimburse Aldermore the costs and expenses. 14 3 Upon completion of the sale of the Equipment in accordance with clause 14 2 but. thereof together with VAT upon demand, not otherwise and provided you have not breached any of your obligations under this. 13 Maintenance Agreement Aldermore shall refund to you such percentage as set out on page 1 of. the Agreement of Rebate of Sale Proceeds excluding VAT and costs of repossession. 13 1 Where you have entered into a separate maintenance or service agreement with the. insurance storage and sale incurred by Aldermore by way of VAT inclusive agency. Supplier or any other service provider Maintenance Provider to provide maintenance. commission within 28 days of us receiving the Sale Proceeds in full and cleared funds. services Maintenance in respect of the Equipment Maintenance Agreement and. Aldermore shall issue to you an invoice valid for VAT purposes in respect of the same. have indicated on page 1 of the Agreement that you wish Aldermore to be your agent. for the purposes of transmitting the Maintenance Charges due under that Maintenance 15 General. Agreement to the Supplier you accept that, 15 1 You confirm that the information provided by you including that set out in this. a the Maintenance Provider will perform the Maintenance on the terms set out in Agreement is true and complete and you acknowledge and agree that such information. the Maintenance Agreement Aldermore is not responsible for performing the together with any appendices signed by you form a part of this Agreement. Maintenance and Aldermore shall not have any liability to you if the Maintenance. 15 2 Any notice required under this Agreement will be properly served only if in writing and. Provider fails to perform its obligations to you, sent by email or prepaid letter post or delivered by hand to the addressees at the address. b Aldermore will collect the Maintenance Charge in addition to the Rentals due and shown on page 1 of this Agreement or the last known address of the addressee Notice will. shall pay the Maintenance Charge over to the relevant Maintenance Provider on be effective at the time of sending if sent by email 72 hours after posting if sent by prepaid. your behalf Any payments received from you shall be allocated firstly towards the letter and at the time of delivery if delivered by hand If your address changes from that as. sums due to Aldermore in respect of the hiring of the Equipment and secondly to the shown on page 1 of this Agreementyou must notify Aldermore immediately. Maintenance Charge due to the Maintenance Provider. 15 3 If you are more than one person your obligations will be binding on each person. c if that Maintenance Agreement allows the Maintenance Provider to vary the separately and all persons jointly This means that Aldermore has the right to ask all or just. Maintenance Charge then Aldermore will collect the varied Maintenance Charge if one of you as Aldermore sees fit to repay the full amount of any money outstanding under. and when any notice is received by Aldermore from that Maintenance Provider this Agreement and not just a share. d the Maintenance Agreement is entered into between you and the Maintenance 15 4 Aldermore s rights under this Agreement will not be affected by any forbearance or. Provider and Aldermore will not be responsible in any way for either the carrying out concession made by Aldermore to you No relaxation or indulgence which Aldermore may. or the adequacy of that Maintenance extend to you shall prejudice Aldemore s strict rights under this Agreement. e if you fail to pay the Maintenance Charge Aldermore will not pay the Maintenance 15 5 In negotiations for this Agreement only persons expressly authorised in writing by. Provider who then may cancel the Maintenance Agreement Such cancellation Aldermore have had authority to act as Aldermore s agent. will not affect your obligations to Aldermore under this Agreement save that the. 15 6 This Agreement contains all the terms agreed between the parties except variations. Maintenance Charge will not thereafter be payable to the Maintenance Provider. recorded in writing and signed by an authorised employee of Aldermore and you. through Aldermore, 15 7 Aldermore shall be entitled to assign or transfer all or any of its rights under this. f if the Maintenance Provider breaches any of its obligations under the Maintenance. Agreement without your consent You shall not assign transfer hold on trust or otherwise. Agreement you shall not be entitled to terminate this Agreement Your sole. dispose of any of your rights and or obligations under this Agreement. remedy shall be to stop paying the Maintenance Charge to Aldermore after giving. Aldermore 30 days prior written notice Save as provided in this clause 13 1 f you 15 8 If you incur any liability to Aldermore or Aldermore s Holding Company or any of. must continue to pay the Rentals and all other sums due under this Agreement in Aldermore s Subsidiaries Aldermore may set off such liability against any sum that may. accordance with clause 4 4 above even if the Maintenance Provider breaches any of otherwise be due to you under the terms of this Agreement. its obligations under the Maintenance Agreement and 15 9 You must not do or allow to be done anything that Aldermore reasonably believe may. g if the Maintenance Provider is in material or persistent breach of its obligations put at risk the performance of your obligations under this Agreement. you may subject to Aldermore s prior written approval appoint an alternative 15 10 If you are a sole trader or partnership you must not cause or allow any change in your. maintenance provider to provide any required maintenance in respect of the control. Equipment in which case you can either make payment directly to the new. maintenance provider or ask Aldermore to make payment for that maintenance 15 11 References to statutes and subordinate legislation shall be construed as references. directly to the new maintenance provider in which case such new maintenance to those statutes or that subordinate legislation as respectively replaced amended or re. provider shall be deemed to be the Maintenance Provider for the purposes of this enacted from time to time. Agreement 15 12 For the purposes of this Agreement Group of Companies means the relevant. company any Subsidiary as defined in section 1159 of the Companies Act 2006 of the. 14 Sales Agency, relevant company any Holding Company as defined in section 1159 of the Companies Act.
14 1 If you end the hiring at or after expiry of the Primary Hire Period by serving written 2006 of the relevant company and any Subsidiary of any Holding Company of the relevant. notice in accordance with clause 1 2 upon expiry of such notice Aldermore may provided company in each case for the time being and member of the relevant company s Group of. that you have paid all the Rentals and other sums due and payable under this Agreement Companies shall be construed accordingly. and are not in breach of this Agreement appoint you as Aldermore s sales agent by. notifying you in writing whereupon you will be appointed as Aldermore s sales agent to 15 13 If you were introduced to Aldermore by a broker or third party Introducer. remarket the relevant Equipment on the terms set out in this clause 14 Aldermore will usually pay commission to the Introducer Aldermore has no objection to you. asking the Introducer for details of any commission payable By signing this Agreement you. 14 2 If you are appointed as Aldermore s sales agent pursuant to clause 14 1 then you will be are consenting to Aldermore paying commission to an Introducer. appointed as Aldermore s sales agent on the following terms. 15 14 Each of the provisions contained in this Agreement shall be severable and distinct from. a to store safeguard and insure the Equipment until their sale or return to Aldermore one another and if at any time one or more of such provisions is or becomes invalid illegal. pursuant to clause 14 2 e below, Page 6 of 7 ALDERMORE COPY FL R 0418 AAF486 0418 004618. or unenforceable under the laws of any jurisdiction the validity legality and enforceability of b in preparing a default notice or termination notice. each of the remaining provisions of this Agreement under the laws of any jurisdiction shall. c in writing a letter before action, not in any way be affected prejudiced or impaired thereby. d in respect of the rescheduling of the Agreement and or. 16 Expenses,e in respect of an arrears visit, 16 1 You shall repay on demand Aldermore s expenses and all legal costs on a full indemnity. basis for 16 3 You shall pay on demand Aldermore s reasonable expenses in relation to additional. services that Aldermore provide at your request including but not limited to full or partial. a any Direct Debits or cheque payments that have been returned to Aldermore unpaid. novation of the Agreement, b finding your address if you change address without notifying Aldermore in 17 Electronic Signature. accordance with clause 15 2 and or 17 1 This Agreement may be signed by the parties by way of electronic signature as defined. in section 7 2 of the Electronic Communications Act 2000. c finding the Equipment or any part of if it is not at the address notified by you and. or 18 Governing Law, d the appointment of administrators and or 18 1 This Agreement and all claims and disputes between the parties to this Agreement.
arising out of or in connection with this Agreement whether or not contractual in nature. e taking steps including court action to recover the Equipment or any part or to obtain. shall be governed by and construed in accordance with English law The courts of England. payment for it, shall have exclusive jurisdiction to determine any disputes arising out of or in connection. 16 2 You shall pay on demand Aldermore s reasonable expenses in relation to any letter that with this Agreement and the parties to this Agreement submit to the exclusive jurisdiction. Aldermore may send to you and any reasonable expenses incurred by Aldermore of the courts of England in relation to all disputes. a where the standing order or direct debit payment is not made by its due date for. whatever reason,Data Protection Statement Please note. What personal data do we collect from you and how do we collect it officers of your company. We may collect certain personal data which either on its own or when combined with other We will collect this information to assess any applications provide the services requested. information we hold about you allows us to identify you as an individual and which is about and to carry out Anti Money Laundering and fraud prevention checks You can find out. you You can see details of the types of personal data we may collect about you in our more about how we process personal information about individuals with whom you have a. full privacy policy financial link in our full privacy policy. We will generally collect your personal data directly from you or via third parties such as Transferring data abroad. brokers or intermediaries However we may also collect data from and or combine your We will only send your data outside of the European Economic Area EEA to follow your. personal data with information from other sources such as Credit Reference Agencies instructions comply with a legal duty or work with our agents and advisers who we use to. CRAs or fraud prevention agencies and publicly available sources such as social media and help run your accounts and services Safeguards that we put in place include contractual. Companies House You can see details of such other sources in our full privacy policy obligations imposed on the recipients of your personal data to require them to protect your. personal data to the standard required in the EEA More information on this can be found in. What do we do with your data and who might we share it with our full privacy policy. We process your data to provide you with the product or service you are using in. accordance with our contract or to take steps to enter into a contract in respect of a product How we use credit reference and fraud prevention agencies. or service you have requested We may also use your personal data to comply with our legal In order to process your application we will supply your personal information to CRAs. obligations such as detecting and monitoring fraud and other financial crime and complying including how you use our products and services and they will give us information about. with our regulatory obligations you such as about your financial history We do this to assess creditworthiness and product. Some of our processing of your personal data is done on the basis that it is necessary for suitability check your identity manage your account trace and recover debts and prevent. our legitimate interests in running an efficient and effective bank including administration criminal activity. records keeping and governance improving our products and services and for marketing We will also continue to exchange information about you with CRAs on an ongoing basis. research and developing statistics as well as some profiling and automated decision including about your settled accounts and any debts not fully repaid on time information on. making We also process your personal data for matters of substantial public interest such funds going into the account the balance on the account and if you borrow details of your. as protecting vulnerable customers or detecting and preventing fraud repayments or whether you repaid on time CRAs will share your information with other. These activities may include sharing your personal data with third party service suppliers organisations for example other organisations that you ask to provide you with products. such as payment service providers Other uses of personal data will be to ensure that we and services Your data will also be linked to the data of any joint applicants or other financial. can meet our legal and regulatory obligations and the regulator s expectations such as associates as explained above You can find out more about the identities of the CRAs and. meeting audit requirements We share your information within the Aldermore Bank Group the ways in which they use and share personal information here www experian co uk. and our contracted third parties who either provide a service to us or you crain index html. We may also from time to time ask you for your consent for other purposes which we will The personal information we have collected from you and anyone you have a financial link. explain to you at the time Much of what we do with your personal data is not based on your with may be shared with fraud prevention agencies who will use it to prevent fraud and. consent and is instead based on other legal grounds However for processing that is based money laundering and to verify your identity If fraud is detected you could be refused. on your consent you have the right to revoke that at any time certain services finance or employment Further details of how your information will be. used by us and these fraud prevention agencies can be found in our full privacy policy. More details about why we use your personal data who we share it with and how and when. you can withdraw your consent can also be found in our full privacy policy Data privacy notices from other organisations. Fraud Prevention Agencies and CRAs will use your personal data to perform their services. Individuals you have financial links with or functions as data controllers in their own right These notices are separate to our own. We may also collect personal information about other individuals who you have a Additionally where a broker or other intermediary processes your personal data as a data. financial link with This may include people who you have joint accounts or policies with controller in its own right its own privacy notice will apply and you should ask them for a. such as your partner spouse dependents beneficiaries guarantors or people you have copy if you have not received one by the time you are introduced to us. commercial links to for example beneficial owners directors shareholders employees and. Use of your personal information,Use of your personal information Marketing. What are your rights over your personal data We will keep you informed about our products and services similar to those you already. have although you can opt out of receiving this at any time by logging on to your account. You have a number of rights in relation to your personal data You can find more information where online access is provided writing to us or emailing us at any of the contacts published. in our full privacy policy or by contacting us if you wish to exercise any of the following rights on our website. to request access to your personal data and to obtain information about how we. process it Contact us,Data Protection Officer,to object to the processing of your personal data. to restrict processing of your personal data 1st Floor Block B. to have your personal data erased Western House,Lynch Wood.
to have your personal data corrected if it is inaccurate and to have incomplete. Peterborough,data completed,to move copy or transfer your personal data. Email DPO aldermore co uk, Rights in relation to automated decision making including profiling. The right to complain to the Information Commissioner s Office www ico org uk. who regulates the processing of personal data in the UK. Page 7 of 7 ALDERMORE COPY FL R 0418 AAF486 0418 004618. Agreement number,Hire Agreement regulated by the Consumer. Credit Act 1974, This lease agreement Agreement is made between Aldermore Bank PLC of 4th floor Block D Apex Plaza Forbury Road Reading RG1 1AX Aldermore we. us our and the customer whose particulars are set out below Customer you your. Customer Details Please use BLOCK CAPITALS,Full name Trading name.
Partner s name s,Telephone number Mobile,Key Financial Information. Equipment Please use BLOCK CAPITALS, New Make Model Description of Equipment Serial number Registration No Year of Mfr. Lease Period,1 Primary Hire Period months in words. Unless we have terminated the Agreement and or the hiring of the Equipment under clause 10 at the end of the Primary Hire Period the hiring will continue. automatically thereafter from year to year each such year being a Secondary Hire Period unless you give us at least three months prior written notice to. end the hiring in accordance with clause 1 2 such notice to expire on the last day of the Primary Hire Period or any anniversary of such date If you do give us. such notice upon expiry of that notice we may appoint you as our agent to sell the Equipment in accordance with clause 14. Schedule of Rentals, An initial Rental ex VAT of is payable on the Agreement Start Date. Followed by subsequent Rentals payable as follows, No of Primary Hire Frequency Primary Hire Period Rental Due commencing on.
Period Rentals ex VAT dd mm yyyy, The Secondary Hire Period Rentals will be ex VAT payable annually in advance commencing on the first day of the Secondary Hire Period. A Documentation Fee ex VAT 100 is to be collected with the initial Rental payment. MAINTENANCE COLLECTION Tick here Maintenance Charge ex VAT. If you wish us to act as your agent for transmitting maintenance payments to the Supplier please tick the above box in which case the Maintenance Charge. set out above will be payable by you to Aldermore on the same date and at the same frequency as the Rentals set out above. Termination Payment for Total Loss, If the Agreement ends because the Equipment is a Total Loss you agree to pay to Aldermore on the date of such Total Loss an amount equal to the sum. calculated under the provisions of clause 11 1 save that in such calculation deduction of the net proceeds shall be replaced by deduction of the amount of. insurance money that has been received by Aldermore under the policy or policies maintained in compliance with clause 7 Insurance. Variation of Rentals, If the Maintenance Charge set out above is varied by the provider of the maintenance see clause 13 Maintenance and Aldermore receives notice of such. variation then it will collect the varied Maintenance Charge If some but not all of the Equipment is a Total Loss under clause 8 1 the hiring will terminate only. in relation to the item or items subject to the Total Loss and Aldermore reserve the right to vary the Rentals accordingly As set out more fully in clause 7 1 if. you do not insure the Equipment or fail to provide evidence on request then Aldermore shall have the right but not the obligation to insure it at your expense. and to increase the Rentals payable under this Agreement accordingly after giving you any notice required by law. Page 1 of 7 CUSTOMER COPY FL R 0418 AAF486 0418 004618. Key Information, Security is not required A guarantee of your obligations under this agreement is required. 1 You must pay us the following charges if you breach this Agreement inclusive of VAT preparing a default notice or termination notice 25 and where any direct. debit or cheque payments are returned unpaid 25 You shall repay on demand Aldermore s expenses and all legal costs on a full indemnity basis for a finding. your address if you change address without notifying Aldermore in accordance with clause 14 2 and or b finding the Equipment if it is not at the address notified. by you on page 2 of this Agreement and or c the appointment of administrators and or d taking steps including court action to recover the Equipment or to. obtain payment for it You shall pay on demand Aldermore s reasonable expenses in relation to any letter that Aldermore may send to you and any reasonable. expenses incurred by Aldermore a where the standing order or direct debit payment is not made by its due date for whatever reason and or b in writing a letter. before action and or c in respect of an arrears visit 2 If this Agreement or the hiring of the Equipment is terminated by Aldermore in accordance with clause 10. Termination you shall pay to Aldermore a all arrears of Rentals payments and other sums due up to the date of termination including any interest due on any. unpaid amounts b a sum equal to all Rentals which but for the termination of the hiring of the Equipment would have become due and payable during the remainder. of the Primary Hire Period referred to on page 1 of this Agreement each discounted at the rate of 2 per annum from the date of termination to the date the Rental. would have been due c all costs losses expenses and liabilities incurred by Aldermore directly or indirectly in connection with terminating or redeploying any funding. arrangement including but without limitation any swap in place in respect of this Agreement on or following the termination or expiry of this Agreement and d. damages for any breach of this Agreement and all expenses and costs incurred by Aldermore in retaking possession of and selling or attempting to sell the Equipment. and or enforcing Aldermore s rights under this Agreement 3 You agree to indemnify Aldermore a against all losses arising directly or indirectly from your failure or. alleged failure to carry out your duties under this Agreement and for any loss suffered by any person including Aldermore from the use of the Equipment any defect. in it or Aldermore exercising any right in relation to it see clause 6 1 b against all losses arising directly or indirectly from your hiring possession operation or use. of the Equipment under this Agreement see clause 6 1 and c in respect of all loss or damage to the Equipment insofar as Aldermore shall not be reimbursed by. the proceeds of insurance see clause 8 3 4 You shall pay interest on all sums payable under this Agreement which are overdue at 5 per annum above Finance. House Base Rate as from time to time published see clause 4 3 5 If you stop paying by direct debit and pay Aldermore by some other method then Aldermore may. increase every Rental so paid by 3 see clause 4 2 6 If the Equipment is a vehicle or comprises of vehicles and Aldermore pays the amount of any charge fine or. other fixed penalty relating to the vehicle you must repay to Aldermore the amount of the charge fine or fixed penalty together with Aldermore s administration. costs in relation to the charge fine or fixed penalty see clause 3 12 7 If you reschedule this Agreement you will be liable for the expenses set out in clause 16 2 You. will also be liable for the expenses set out in clause 16 3 in relation to the provision by Aldermore of additional services including a novation of this Agreement. This Agreement is not cancellable, MISSING PAYMENTS Missing payments could have severe consequences and may make obtaining credit more difficult.
IMPORTANT READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS. The Consumer Credit Act 1974 covers this agreement and lays down certain requirements for your protection which should have been complied with when. this agreement was made If they were not the owner cannot enforce this agreement against you without getting a court order If you would like to know. more about your rights under the Act contact either your local Trading Standards Department or your nearest Citizens Advice Bureau. Your Signature, This is a Hire Agreement regulated by the Consumer Credit Act 1974 Sign it only if you want to be legally bound by its terms. Signature of Hirer s Date s of signature s, Under this agreement the goods do not become your property and you must not sell them. Customer s Declaration,By signing this Agreement you confirm that. You have read and understand the Terms of Agreement in particular clause 9 Warranties and Exclusion of Liability of the Agreement. The information given by you when applying to enter this Agreement is correct. The Supplier does not act as your agent You confirm that the Supplier provided the Equipment and Aldermore is providing finance to you in respect of. the Equipment, No partnership or agency exists between the Supplier and you and the Supplier is not authorised to make any statement on your behalf. Other than as shown in this Agreement you have not made any payment in relation to arranging or accepting this Agreement. You have read and agree with the DATA PROTECTION STATEMENT and USE OF YOUR PERSONAL INFORMATION sections on page 7of this. Agreement and that you make the declaration contained within such page. Additional Customer Supplier details, Main Contact Name Legal Entity Rebate of sales proceeds.
Nature of business Equipment Location,Name and address of Supplier. Important use of your information, About us with additional service specific information about the use of your personal. In this notice we provide examples of how personal data is collected and how data which should be read alongside this notice. it is used More information on this can be found by reviewing our full privacy Our full privacy policy. policy You can also contact our Data Protection Officer if you have any. It is important that you understand how the personal information you give. questions about this notice would like further information about the points. us will be used Therefore we strongly advise that you read our full privacy. raised or to exercise any of your rights,policy or you can ask us for a copy. From time to time and in particular when you provide us with additional. www aldermore co uk legal privacy policy, personal information or add additional products we may also provide you. Aldermore Signature For and on behalf of Aldermore Bank PLC. Aldermore Signature Agreement Start Date,Name Printed.
Page 2 of 7 CUSTOMER COPY FL R 0418 AAF486 0418 004618. Instruction to your,bank or building society,to pay by Direct Debit. Please fill in the whole form using a ball point pen and send it to. Aldermore Bank PLC,4th Floor Block D,Apex Plaza,Forbury Road. RG1 1AX Service user number,6 5 5 3 4 9,Name s of account holder s Reference. Instruction to your bank or building society, Please pay Aldermore Bank PLC Direct Debits from the account detailed in this. Bank building society account number Instruction subject to the safeguards assured by the Direct Debit Guarantee I. understand that this Instruction may remain with Aldermore Bank PLC and if so. details will be passed electronically to my bank,building society.
Branch sort code, Name and full postal address of your bank or building society. To The Manager Bank building society,Address Signature s. Postcode Date, Banks and building societies may not accept Direct Debit Instructions for some types of account. This guarantee should be detached and retained by the payer. Direct Debit, This Guarantee is offered by all banks and building societies that accept instructions to pay Direct Debits. If there are any changes to the amount date or frequency of your Direct Debit Aldermore Bank PLC will notify you 10 working days. in advance of your account being debited or as otherwise agreed If you request Aldermore Bank PLC to collect a payment. confirmation of the amount and date will be given to you at the time of the request. If an error is made in the payment of your Direct Debit by Aldermore Bank PLC or your bank or building society. you are entitled to a full and immediate refund of the amount paid from your bank or building society. If you receive a refund you are not entitled to you must pay it back when Aldermore Bank PLC asks you to. You can cancel a Direct Debit at any time by simply contacting your bank or building society. Written confirmation may be required Please also notify us. Page 3 of 8 CUSTOMER COPY FL R 0418 AAF486 0418 004618. Terms of Agreement, 1 The Equipment and Lease Period 3 11 If the Equipment is a vehicle to which the Goods Vehicles Licensing of Operators Act.
1 1 This Agreement shall come into effect on the date it is signed by Aldermore Aldermore 1995 applies then you must ensure that any operator of the vehicle including any person. agrees to allow you to take on hire the Equipment described on page 1 of this Agreement to whom you may sublet the vehicle possesses a valid operator s licence for the vehicle. the Equipment on the Terms set out in this Agreement Aldermore may request to see evidence of this licence at any time during the term of this. 1 2 The Agreement is for the initial Primary Hire Period set out on page 1 of this Agreement. Unless Aldermore has terminated the hiring under clause 10 at the end of the Primary 3 12 If the Equipment is a vehicle or comprises of vehicles you will pay any charges fines. Hire Period the hiring of the Equipment shall continue automatically on the Terms set out or other fixed penalties relating to the vehicle immediately If you fail to do so Aldermore. in this Agreement thereafter from year to year unless you give to Aldermore at least three may pay the amount of the charge fine or penalty for you You will then repay that amount. months prior written notice to end the hiring such notice to expire on the last day of the to Aldermore on demand together with such sum as Aldermore considers reasonable to. Primary Period of Hire or any anniversary of such date If you do give us notice upon expiry cover its administration costs connected with the charge fine or fixed penalty Details of. of that notice we may appoint you as our agent to sell the Equipment in accordance with Aldermore s charges are available on request and will be notified to you in any event before. clause 14 you are charged, 1 3 Subject to clause 14 on expiry or termination of the hiring of the Equipment for any 4 Payment of Rentals. reason you shall return the Equipment to Aldermore in accordance with clause 12 Return of 4 1 You shall pay to Aldermore the Rentals which for the avoidance of doubt means. the Equipment the initial Rental the Primary Hire Period Rentals and any Secondary Hire Period Rentals. as set out on page 1 of this Agreement and any other payments specified on page 1. 2 Delivery of Equipment and Inspection or otherwise of this Agreement at the times shown there or at such other times as. 2 1 You are responsible for collecting and taking delivery of the Equipment You declare Aldermore may notify to you on or before the due dates. that you have selected the Equipment and that it is satisfactory to your requirements in. every respect You agree to inspect the Equipment on delivery and to notify Aldermore 4 2 Punctual payment by Direct Debit is a condition of and is essential to this Agreement. immediately in writing of any defect If you fail to notify Aldermore in writing of any defect If you stop paying by Direct Debit and pay Aldermore by some other method not agreed in. within 5 days of delivery of the Equipment you shall be deemed to have accepted the writing by Aldermore then Aldermore may increase every Rental so paid by 3 to cover its. Equipment as satisfactory and fit in all aspects additional administration costs. 2 2 You will allow Aldermore or its duly authorised agent s or representatives access upon 4 3 You shall pay interest on all sums payable under this Agreement which are overdue at. reasonable notice at any time to inspect the Equipment and any records log book manual 5 per annum above Finance House Base Rate as from time to time published Interest will. or hand book forming part of the Equipment accrue on a day to day basis from the due date until the date of payment after as well as. before any judgment or decree Such interest is payable on demand and without prejudice. 3 Use of Equipment to any other right or remedy which Aldermore may have under this Agreement. 3 1 You are responsible for any loss theft destruction of or damage to the Equipment on the 4 4 Subject to clause 13 1 f all Rentals and other sums due under this Agreement from. date of delivery to you until it is sold recovered by Aldermore or otherwise disposed of you to Aldermore shall be paid without demand by Direct Debit or any other means agreed. 3 2 You shall keep the Equipment properly serviced maintained and in good repair and in writing by Aldermore and shall be paid without any deduction set off counterclaim or. condition and will pay all costs necessary to do so All servicing and maintenance must withholding whatsoever There shall not be any rebate or deferral of any payment during. be carried out by properly trained and qualified personnel strictly in accordance with the any period in which the Equipment is not working is not in your possession is unserviceable. recommendations of the manufacturer of the Equipment Any replacement parts and or is unavailable for use for any reason. lubricants used must be manufactured to the standard and specification recommended by 4 5 All sums due to Aldermore under this Agreement are unless otherwise stated. the manufacturer of the Equipment and you shall maintain complete records of all service exclusive of VAT which shall be charged in accordance with the relevant regulations in force. maintenance and repair to the Equipment All replacement parts fixed to the Equipment will at the time of making the taxable supply and shall be paid by you. belong to Aldermore and will be subject to the terms of this Agreement. 5 Customer s Representations Warranties and Undertakings. 3 3 The Equipment will remain personal and moveable property even if temporarily fixed to. land or buildings and if the Equipment becomes fixed to land or buildings you will make sure 5 1 You represent and warrant to Aldermore that. that any person who has an interest in the land from time to time gives Aldermore in writing a you have the power to enter into perform and deliver and have taken all necessary. a waiver of any right to the Equipment and a right to enter land and remove the Equipment action to authorise your entry into performance and delivery of this Agreement and. If requested by Aldermore you will attach Aldermore s name plate to the Equipment any required security agreement. 3 4 You will tell Aldermore immediately if you change your address You will not change the b there are no constraints on your ability to enter into this Agreement and any required. location of the Equipment from the Equipment Location shown on page 2 of this Agreement security agreement and nothing in this Agreement will cause any borrowing limit. without Aldermore s prior written consent Where the Equipment is a vehicle you may take imposed on you to be exceeded and. the Equipment outside the United Kingdom to any country within the European Union for. c to your best knowledge and belief no litigation arbitration administrative or as. a period not exceeding a total of 28 days in each calendar year Whenever the Equipment. applicable bankruptcy proceedings which could or would have a material adverse. is taken outside the United Kingdom you must ensure that your insurance policies provide. effect on your financial condition or operations or upon your ability to perform your. fully comprehensive cover for the Equipment on an all risks basis for its full replacement. obligations under this Agreement and any required security agreement is current. value including repatriation expenses for each country you visit. pending or is threatened against you or any of your assets and neither you nor any. 3 5 You will ensure that the Equipment is always used legally which for the avoidance of of your assets are subject to any individual voluntary arrangement. doubt means in accordance with any statute or other rule regulation or order and in a. 5 2You agree to keep Aldermore informed of the financial progress of your business and at. careful and proper manner by properly trained and skilled personnel in strict accordance. Aldermore s request supply such information as Aldermore may from time to time require. with the operating instructions issued by the manufacturer of the Equipment and the. concerning your financial position or the Equipment and its use. government agency or any statutory authority, 3 6 You will keep the Equipment in your possession and under your control and shall keep 6 Indemnity. the Equipment free from any lien pledge charge hypothec or other encumbrance You 6 1 You agree to indemnify Aldermore against all loss actions claims demands proceedings. will not sell or attempt to sell assign transfer mortgage lend let sublet licence or give whether criminal or civil costs legal expenses on a full indemnity basis insurance. the Equipment to anyone or otherwise part with possession of the Equipment without premiums and calls liabilities judgments damages or other sanctions whenever arising. Aldermore s prior written consent directly or indirectly from your hiring possession operation or use of the Equipment. 3 7 You will not make any alterations to the Equipment without Aldermore s prior written under this Agreement or otherwise from your failure or alleged failure to carry out your. consent unless the manufacturer has recommended such alteration or you are legally duties under this Agreement or by reason of any loss injury or damage suffered by any. obliged to do so and you will notify Aldermore immediately of any such alteration and if person including without limitation Aldermore from the presence of the Equipment or the. any hubometer odometer hour clock or similar usage measuring device attached to or delivery possession hiring transportation condition use operation removal return sale or. incorporated in the Equipment fails temporarily or permanently or is replaced disposal by Aldermore or any defect in the Equipment or the design manufacture testing. maintenance or overhaul of it or Aldermore exercising any right in respect of the Equipment. 3 8 During the hire period and until termination or expiry of this Agreement you will at all or its ownership or hiring The provisions of this clause 6 1 shall continue in full force and. times at your cost maintain in full force and effect all permissions certificates licences effect notwithstanding the termination of this Agreement for any reason. registration permits and authorisations required by any governmental or statutory. authority in connection with the Equipment and or the premises in which the Equipment 7 Insurance. is kept and if the Equipment comprises of vehicles you will at all times ensure that each 7 1 Aldermore request that you at your own expense insure the Equipment with a. vehicle is validly licensed has a current Department of Transport Test Certificate and reputable insurer on an all risks basis with no unusual excess and no exclusions for its full. complies with all other requirements as to inspection testing plating insurance and replacement value and against third party liability in each case in an amount satisfactory. otherwise as for the time being required by law to Aldermore Aldermore s interest should be noted on any policy of insurance as the. 3 9 You will not permit the Equipment to be used in contravention of any patents or other owner of the Equipment and loss payee of any insurance proceeds and you should be able. intellectual property rights of third parties to produce evidence of such insurance to Aldermore on request If you do not insure the. Equipment or do not provide evidence on request then Aldermore shall have the right but. 3 10 Where the Equipment includes software you shall obtain all software licences not the obligation to insure it at your expense and to increase the Rentals payable under this. necessary for the use and operation of the Equipment comply with the terms of such Agreement accordingly after giving you any notice required by law. software licences and indemnify Aldermore against any claim made against Aldermore for. breach of such software licences Aldermore does not licence any software and is not liable 7 2 If you make an insurance claim then you must notify Aldermore immediately. for any failure of any software, Page 4 of 7 CUSTOMER COPY FL R 0418 AAF486 0418 004618. 7 3 You shall hold any insurance monies which you receive in respect of the Equipment on b any act of fraud committed by Aldermore or any fraudulent misrepresentation made. trust for Aldermore Aldermore may apply any insurance monies at its option towards the by Aldermore or. cost of repair or reinstatement of the Equipment or towards payment of any sum or sums. c any other liability which cannot be excluded by law. due to Aldermore under this Agreement, 9 11 In no event will Aldermore be liable to you in contract tort or other area of law including. 8 Total Loss any liability for negligence, 8 1 If the Equipment is lost stolen or in Aldermore s or the insurer s opinion cannot be.
a for any loss of revenue business anticipated savings or profits or any loss of use or. economically rectified a Total Loss you must tell Aldermore immediately and the hiring. of the Equipment will terminate automatically If there is more than one item of Equipment. and not all the Equipment suffers such Total Loss then the hiring will terminate only in b for any indirect or consequential loss or damage. relation to the item or items in question and Aldermore reserve the right to vary the Rentals in each case however caused or arising even if foreseeable. accordingly, 8 2 On the expiry of 30 days after a Total Loss or such period of time agreed in writing 10 Termination. by Aldermore required to enable a claim to be made to the insurers after the occurrence 10 1 The hiring of the Equipment under this Agreement will terminate on Aldermore giving. giving rise to such Total Loss you agree to pay to Aldermore an amount equal to the sum written notice to this effect to you and Aldermore may repossess the Equipment following. calculated under the provisions of clause 11 1 as if Aldermore had lawfully terminated the the occurrence of any of the events below. hiring of the Equipment under clause 10 Termination on the date of such Total Loss save a you fail to pay any sum payable due to Aldermore under this Agreement within 3. that in such calculation deduction of the net proceeds of sale shall be replaced by deduction days of its due date for such payment. of the amount of any insurance money that has been received by Aldermore prior to the. expiry of the 30 days or such period of time agreed in writing by Aldermore under the b you breach any other term of this Agreement and in the case of a remediable breach. policy or policies maintained in compliance with clause 7 Insurance and provided that such breach is not remedied within 3 days of its occurrence. such sums shall be paid together with accrued interest thereon calculated in accordance c you have made any representation or provided any information to Aldermore from. with clause 4 3 from the date of the Total Loss until the date of payment On Aldermore s time to time in connection with the negotiation or continuation of this Agreement. receipt of the amount set out in this clause 8 2 this Agreement or such part of this and such representation or information provided is found to be incorrect as to a. Agreement as it relates to the Equipment the subject of the Total Loss shall terminate Any particular which in the opinion of Aldermore is material. Rentals remaining to be paid in respect of the remaining Equipment shall be recalculated by. Aldermore to maintain its net rate of return and notified to you d you cease or threaten to cease to carry on business or if there is any change in your. direct or indirect ownership whether legal or beneficial or in the control of you from. 8 3 You are solely responsible for and agree to indemnify Aldermore in respect of all loss or that existing at the date of this Agreement. damage to the Equipment insofar as Aldermore shall not be reimbursed by the proceeds. of insurance however caused occurring at any time before physical possession of the e any event occurs which has or is likely to have in Aldermore s opinion a material. Equipment is taken by Aldermore adverse effect on your business properties or condition financial or otherwise. or on your ability to duly perform and observe any of your obligations under this. 8 4 You will use your best endeavours to ensure prompt payment of any insurance Agreement. proceeds to Aldermore, f you do anything which may prejudice Aldermore s rights to or in the Equipment. 9 Warranties and Exclusion of Liability g you are in material default under any other agreement at any time executed with. 9 1 You are responsible for choosing the Equipment and making sure that it is fit and suitable Aldermore. for its purpose Aldermore is not a dealer or expert in the Equipment and has given no. advice or assurances about the Equipment or its quality or suitability The Equipment is h you default under any finance product with any third party or Aldermore including. acquired by Aldermore at your request solely for the purpose of hiring the Equipment to but not limited to a finance agreement or other agreement or obligation relating to. you borrowing or under any guarantee, 9 2 Aldermore agrees that upon request and at your cost and expense to assign to you the i any other agreement or the hiring thereunder with you is terminated by Aldermore. benefit of all express warranties granted in Aldermore s favour in relation to the Equipment or terminated automatically. by the Supplier the manufacturer or otherwise by any third party j the Equipment or any part of it becomes an actual or constructive Total Loss. 9 3 You and Aldermore recognise that there is a risk that the Equipment may not perform k you become or are deemed to become insolvent or unable to pay your debts within. as expected and may not be satisfactory to you and appreciate that the allocation of risk is the meaning of as appropriate sections 222 223 or 224 of the Insolvency Act 1986. a matter of agreement between the parties You and Aldermore have agreed that you shall. bear this risk on the terms set out in this clause 9 l a winding up or an interim or bankruptcy petition is presented in respect of you or. a sequestration order is made against you or you receive a statutory demand under. 9 4 If the law requires terms to be implied into this Agreement then you and Aldermore the Insolvency Act 1986 or the Bankruptcy Scotland Act 1985. hereby agree that Aldermore is not liable for any breach of such terms as if the breach of. any such term had been allocated differently Aldermore would have increased the amount m you enter into liquidation whether compulsory or voluntary save for the purposes of. of the Rentals payable or would have not entered into this Agreement a solvent reconstruction or amalgamation. 9 5 The Equipment is not hired to you with any guarantee warranty term condition or n a provisional liquidator is appointed in respect of you. representation express or implied about the condition description suitability quality o notice of intention to appoint an administrator is filed at court or an application for an. fitness for purpose performance or age of the Equipment All guarantees warranties administration order is issued by the court in respect of you. terms conditions and representations implied by statute or otherwise are expressly. p an administrator administrative receiver receiver or manager is appointed in respect. excluded to the maximum extent permitted by law, of the whole or any part of your assets or any steps are taken to appoint the same. 9 6 Aldermore s liability to you for any breach of this Agreement shall not under any. q you propose to enter into any composition or arrangement with your creditors. circumstances exceed an amount equal to 50 of the total Rentals due under this. generally or any class of creditors or call a meeting of your creditors. r where you are a partnership the partnership is dissolved or any of the partners dies. 9 7 Aldermore shall not be liable to you, s any other steps are taken to enforce any encumbrance over all or part of the assets.
a under contract or in tort for loss injury or damage arising by reason of any defects in. and or undertaking of you, the Equipment whether such defects be latent or apparent on examination other. than liability for death or personal injury arising from Aldermore s negligence t you are subject to an event similar to any event set out in clauses 10 1 k to 10 1 s in. any other jurisdiction or, b for any statement term condition warranty or representation made by any supplier. dealer agent broker or other person through whom this transaction may have been u any event set out in clauses 10 1 k to 10 1 t occurs in relation to any guarantor of. introduced negotiated or conducted and persons other than those employed by your obligations under this Agreement. Aldermore have no authority express or implied to act as Aldermore s agent. 11 Consequences of Termination, c either for any loss suffered by you as a result of the Equipment or any part of the. 11 1 Upon the hiring of the Equipment being terminated under clause 10 Termination you. Equipment being unusable or to supply any replacement equipment or any part. shall pay to Aldermore, during any period when the Equipment or part of it is unusable. a all arrears of Rentals payments and other sums due up to the date of termination. d for any loss or damage incurred or sustained by you in consequence of Aldermore. including any interest due on any unpaid amounts, terminating the hiring under clause 10 Termination or in re taking possession of the.
Equipment b a sum equal to all Rentals which but for the termination of the hiring of the. Equipment would have become due and payable during the remainder of the. 9 8 Aldermore gives no warranties that the Equipment does not or that your use of the. Primary Hire Period referred to in page 1 of this Agreement each discounted at the. Equipment will not infringe any patents trademarks registered designs copyrights or. rate of 2 per annum from the date of termination to the date the Rental would have. intellectual property rights owned or possessed by any third party and Aldermore shall not. be liable to you for any loss suffered by you in any way as a result of any infringement. c all costs losses expenses including legal fees and liabilities incurred by Aldermore. 9 9 You represent and warrant to Aldermore that you have obtained from the Supplier of. directly or indirectly in connection with terminating or redeploying any funding. the Equipment appropriate and prudent representations and warranties in relation to the. arrangement including but without limitation any swap in place in respect of this. Agreement on or following the termination or expiry of this Agreement or the hiring. 9 10 Nothing in this Agreement shall exclude or limit Aldermore s liability in relation to of the Equipment. a any death or personal injury arising from Aldermore s negligence or that of d damages for any breach of this Agreement and all expenses and costs incurred. Aldermore s employees including legal fees by Aldermore in retaking possession of and selling or. Page 5 of 7 CUSTOMER COPY FL R 0418 AAF486 0418 004618. attempting to sell the Equipment and or enforcing Aldermore s rights under this b to negotiate on Aldermore s behalf a sale of the Equipment on the open market. Agreement and for an arms length price to any third party not being connected to you within the. meaning of sections 1122 and 1123 of the Corporation Tax Act 2010 or sections 993. e all interest accrued on the amounts payable under b to d above. and 994 of the Income Tax Act 2007 as appropriate, 11 2 After termination of the hiring of the Equipment Aldermore will if in possession of the. c you shall not make any representations conditions or warranties in respect of. Equipment try to sell the Equipment and should Aldermore do so Aldermore shall credit. the Equipment whether as to the quality condition or fitness for any purpose of. to your account the net proceeds of sale of the Equipment excluding VAT and costs of. the Equipment or otherwise on Aldermore s behalf and you shall ensure that all. repossession insurance storage and sale incurred by Aldermore including legal fees less. representations warranties terms and conditions express or implied as to the same. any amounts due by you under this Agreement, shall be excluded except for Aldermore s title to the Equipment. 12 Return of the Equipment d you will not take any equipment or any other asset in part exchange for the. 12 1 Upon termination of the hiring of the Equipment other than upon the occurrence of a Equipment. Total Loss or the expiration of the hiring of the Equipment and in the event that Aldermore. e your appointment as Aldermore s sales agent under this clause 14 may be. does not appoint you as Aldermore s sales agent in accordance with clause 14 below you. terminated on written notice by Aldermore to you at any time following the. agree to continue to carry out your obligations under this Agreement until the delivery up to. occurrence of an event as set out in clause 10 or where you act in material or. Aldermore of the Equipment and at your cost and expense including the cost of removal. persistent breach of the terms set out in this clause 14 and shall terminate on expiry. and dismantling costs shall, of 90 days from the date of your appointment On termination of the sales agency. a re deliver the Equipment serviced and maintained and in good repair and working you will return the Equipment to Aldermore in accordance with clause 12. order as provided in clause 3 Use of Equipment together with all records log book. f prior to the sale of the Equipment you shall notify Aldermore of the third party. manuals and hand books to Aldermore at such address as Aldermore may designate. purchaser and the sale price for the Equipment Aldermore shall render a VAT invoice. and in a condition that complies in all respects with the terms of this Agreement. to the purchaser for the sales price and any VAT thereon Sales Proceeds. b store the Equipment at your premises or at such address in the United Kingdom as. g title to the Equipment shall remain with Aldermore until the Sales Proceeds are. Aldermore may request until the return of the Equipment to Aldermore. received by Aldermore in cleared funds whereupon title in the Equipment shall pass. c without prejudice to the foregoing allow Aldermore its nominated agent s or to the purchaser. representatives access to any premises where the Equipment may be for the. h you agree that you will not sell or agree to sell the Equipment other than pursuant to. purpose of inspecting and removing it and if Aldermore is required to carry out. the terms of the sales agency as set out in this clause 14 and. any service maintenance repair or other work to the Equipment so as to put it in. the condition specified in clause 3 Use of Equipment or to discharge any of your i you agree that you will not delegate your authority as set out in this clause 14 2. obligations referred to in that clause to reimburse Aldermore the costs and expenses. 14 3 Upon completion of the sale of the Equipment in accordance with clause 14 2 but. thereof together with VAT upon demand, not otherwise and provided you have not breached any of your obligations under this. 13 Maintenance Agreement Aldermore shall refund to you such percentage as set out on page 1 of. the Agreement of Rebate of Sale Proceeds excluding VAT and costs of repossession. 13 1 Where you have entered into a separate maintenance or service agreement with the. insurance storage and sale incurred by Aldermore by way of VAT inclusive agency. Supplier or any other service provider Maintenance Provider to provide maintenance. commission within 28 days of us receiving the Sale Proceeds in full and cleared funds. services Maintenance in respect of the Equipment Maintenance Agreement and. Aldermore shall issue to you an invoice valid for VAT purposes in respect of the same. have indicated on page 1 of the Agreement that you wish Aldermore to be your agent. for the purposes of transmitting the Maintenance Charges due under that Maintenance 15 General. Agreement to the Supplier you accept that, 15 1 You confirm that the information provided by you including that set out in this.
a the Maintenance Provider will perform the Maintenance on the terms set out in Agreement is true and complete and you acknowledge and agree that such information. the Maintenance Agreement Aldermore is not responsible for performing the together with any appendices signed by you form a part of this Agreement. Maintenance and Aldermore shall not have any liability to you if the Maintenance. 15 2 Any notice required under this Agreement will be properly served only if in writing and. Provider fails to perform its obligations to you, sent by email or prepaid letter post or delivered by hand to the addressees at the address. b Aldermore will collect the Maintenance Charge in addition to the Rentals due and shown on page 1 of this Agreement or the last known address of the addressee Notice will. shall pay the Maintenance Charge over to the relevant Maintenance Provider on be effective at the time of sending if sent by email 72 hours after posting if sent by prepaid. your behalf Any payments received from you shall be allocated firstly towards the letter and at the time of delivery if delivered by hand If your address changes from that as. sums due to Aldermore in respect of the hiring of the Equipment and secondly to the shown on page 1 of this Agreementyou must notify Aldermore immediately. Maintenance Charge due to the Maintenance Provider. 15 3 If you are more than one person your obligations will be binding on each person. c if that Maintenance Agreement allows the Maintenance Provider to vary the separately and all persons jointly This means that Aldermore has the right to ask all or just. Maintenance Charge then Aldermore will collect the varied Maintenance Charge if one of you as Aldermore sees fit to repay the full amount of any money outstanding under. and when any notice is received by Aldermore from that Maintenance Provider this Agreement and not just a share. d the Maintenance Agreement is entered into between you and the Maintenance 15 4 Aldermore s rights under this Agreement will not be affected by any forbearance or. Provider and Aldermore will not be responsible in any way for either the carrying out concession made by Aldermore to you No relaxation or indulgence which Aldermore may. or the adequacy of that Maintenance extend to you shall prejudice Aldemore s strict rights under this Agreement. e if you fail to pay the Maintenance Charge Aldermore will not pay the Maintenance 15 5 In negotiations for this Agreement only persons expressly authorised in writing by. Provider who then may cancel the Maintenance Agreement Such cancellation Aldermore have had authority to act as Aldermore s agent. will not affect your obligations to Aldermore under this Agreement save that the. 15 6 This Agreement contains all the terms agreed between the parties except variations. Maintenance Charge will not thereafter be payable to the Maintenance Provider. recorded in writing and signed by an authorised employee of Aldermore and you. through Aldermore, 15 7 Aldermore shall be entitled to assign or transfer all or any of its rights under this. f if the Maintenance Provider breaches any of its obligations under the Maintenance. Agreement without your consent You shall not assign transfer hold on trust or otherwise. Agreement you shall not be entitled to terminate this Agreement Your sole. dispose of any of your rights and or obligations under this Agreement. remedy shall be to stop paying the Maintenance Charge to Aldermore after giving. Aldermore 30 days prior written notice Save as provided in this clause 13 1 f you 15 8 If you incur any liability to Aldermore or Aldermore s Holding Company or any of. must continue to pay the Rentals and all other sums due under this Agreement in Aldermore s Subsidiaries Aldermore may set off such liability against any sum that may. accordance with clause 4 4 above even if the Maintenance Provider breaches any of otherwise be due to you under the terms of this Agreement. its obligations under the Maintenance Agreement and 15 9 You must not do or allow to be done anything that Aldermore reasonably believe may. g if the Maintenance Provider is in material or persistent breach of its obligations put at risk the performance of your obligations under this Agreement. you may subject to Aldermore s prior written approval appoint an alternative 15 10 If you are a sole trader or partnership you must not cause or allow any change in your. maintenance provider to provide any required maintenance in respect of the control. Equipment in which case you can either make payment directly to the new. maintenance provider or ask Aldermore to make payment for that maintenance 15 11 References to statutes and subordinate legislation shall be construed as references. directly to the new maintenance provider in which case such new maintenance to those statutes or that subordinate legislation as respectively replaced amended or re. provider shall be deemed to be the Maintenance Provider for the purposes of this enacted from time to time. Agreement 15 12 For the purposes of this Agreement Group of Companies means the relevant. company any Subsidiary as defined in section 1159 of the Companies Act 2006 of the. 14 Sales Agency, relevant company any Holding Company as defined in section 1159 of the Companies Act. 14 1 If you end the hiring at or after expiry of the Primary Hire Period by serving written 2006 of the relevant company and any Subsidiary of any Holding Company of the relevant. notice in accordance with clause 1 2 upon expiry of such notice Aldermore may provided company in each case for the time being and member of the relevant company s Group of. that you have paid all the Rentals and other sums due and payable under this Agreement Companies shall be construed accordingly. and are not in breach of this Agreement appoint you as Aldermore s sales agent by. notifying you in writing whereupon you will be appointed as Aldermore s sales agent to 15 13 If you were introduced to Aldermore by a broker or third party Introducer. remarket the relevant Equipment on the terms set out in this clause 14 Aldermore will usually pay commission to the Introducer Aldermore has no objection to you. asking the Introducer for details of any commission payable By signing this Agreement you. 14 2 If you are appointed as Aldermore s sales agent pursuant to clause 14 1 then you will be are consenting to Aldermore paying commission to an Introducer. appointed as Aldermore s sales agent on the following terms. 15 14 Each of the provisions contained in this Agreement shall be severable and distinct from. a to store safeguard and insure the Equipment until their sale or return to Aldermore one another and if at any time one or more of such provisions is or becomes invalid illegal. pursuant to clause 14 2 e below, Page 6 of 7 CUSTOMER COPY FL R 0418 AAF486 0418 004618. or unenforceable under the laws of any jurisdiction the validity legality and enforceability of b in preparing a default notice or termination notice. each of the remaining provisions of this Agreement under the laws of any jurisdiction shall. c in writing a letter before action, not in any way be affected prejudiced or impaired thereby.
d in respect of the rescheduling of the Agreement and or. 16 Expenses,e in respect of an arrears visit, 16 1 You shall repay on demand Aldermore s expenses and all legal costs on a full indemnity. basis for 16 3 You shall pay on demand Aldermore s reasonable expenses in relation to additional. services that Aldermore provide at your request including but not limited to full or partial. a any Direct Debits or cheque payments that have been returned to Aldermore unpaid. novation of the Agreement, b finding your address if you change address without notifying Aldermore in 17 Electronic Signature. accordance with clause 15 2 and or 17 1 This Agreement may be signed by the parties by way of electronic signature as defined. in section 7 2 of the Electronic Communications Act 2000. c finding the Equipment or any part of if it is not at the address notified by you and. or 18 Governing Law, d the appointment of administrators and or 18 1 This Agreement and all claims and disputes between the parties to this Agreement. arising out of or in connection with this Agreement whether or not contractual in nature. e taking steps including court action to recover the Equipment or any part or to obtain. shall be governed by and construed in accordance with English law The courts of England. payment for it, shall have exclusive jurisdiction to determine any disputes arising out of or in connection. 16 2 You shall pay on demand Aldermore s reasonable expenses in relation to any letter that with this Agreement and the parties to this Agreement submit to the exclusive jurisdiction. Aldermore may send to you and any reasonable expenses incurred by Aldermore of the courts of England in relation to all disputes. a where the standing order or direct debit payment is not made by its due date for.


Related Books

forensic mental health services

forensic mental health services

Forensic services are able to demonstrate effectiveness in reducing serious reoffending in individuals discharged from secure inpatient services1. 2 Patients must be at the centre of the care provided by forensic mental health services. There should be a dual emphasis on promoting and enabling individual recovery and

Rapid Review in Personality Disorders

Rapid Review in Personality Disorders

assess personality disorders and complete a comprehensive psychological assessment should be identified within existing mental health / Primary Care Liaison services. 5. Integrated pathways for care should be agreed and developed for health, forensic and prison settings, and implemented from an early stage in service delivery. 6. Clear ...

Analytic methods in algebraic geometry - UMR 5582

Analytic methods in algebraic geometry UMR 5582

analytic tool used to deal with singularities is the theory of positive currents introduced by Lelong [Lel57]. Currents can be seen as generalizations of algebraic cycles, and many classical results of intersection theory still apply to currents. The concept of Lelong number of a current is the analytic analogue of the concept of multiplicity ...

PEMBELAJARAN MEMAHAMI TEKS LAPORAN HASIL OBSERVASI SISWA ...

PEMBELAJARAN MEMAHAMI TEKS LAPORAN HASIL OBSERVASI SISWA

Teknik pengumpulan data yang dilakukan meliputi observasi, wawancara, dokumentasi, rekaman video, foto, dan angket. Hasil Penelitian menunjukkan bahwa guru melaksanakan tiga tahapan pembelajaran memahami teks laporan hasil observasi yaitu perencanaan, pelaksanaan, dan penilaian pembelajaran. Pada tahap perencanaan pembelajaran guru membuat Rencana Pelakasanaan Pembelajaran (R PP) sesuai dengan ...

CURRICULUM - scesaharsa.org

CURRICULUM scesaharsa org

curriculum for undergraduate degree courses in engineering & technology (based on aicte model curriculum 2018) effective from academic year 2018-2019

Your guide to studying with us curiosity

Your guide to studying with us curiosity

Success in CII qualifications is universally recognised as evidence of knowledge and technical expertise. Our members are able to drive personal development and maintain their professional standing by adhering to our Code of Ethics and by accessing a range of learning services. Find out more at: cii.co.uk Our vision Our vision is to build public

ALLOY 625 DATA SHEET - JACQUET

ALLOY 625 DATA SHEET JACQUET

ASTM ASME AMS Plate sheet and Strip B443/ B 444/ B446/ B564/ B704/ B705/ B751 SB443/ SB 444 / SB446/ SB 564/ Boiler Code Sections: I/ III/ VIII/ IX 5581/ 5599/ 5666/ 5837 Seamless, Pipe and Tubing B444 SB444 5581 Welded Tubing B704/ B705 Rod, Bar and Forgings B446 SB446 5665 Bar, Forgings and Rings 5666

CAPACITOR AND APFC SYSTEM SERVICE MANUAL

CAPACITOR AND APFC SYSTEM SERVICE MANUAL

Power and distribution transformers, which works on the principle of electro-magnetic induction, consume reactive power for their own needs even when its secondary is not connected to any load. The power factor will be very low under such situation. To improve the power factor it is required to connect a fixed capacitor or capacitor bank

County Fair Exhibit Ideas - local.extension.umn.edu

County Fair Exhibit Ideas local extension umn edu

- At State Fair, if appropriate, clowning ... leather tooling, calligraphy, work from kits, etc. Requirement: - Each exhibit will be evaluated on its individual merit as a craft/kit. - Emphasis is on the creative process and the employment of design elements and principles. The craft/kit exhibit develops from someone else's ideas and can be exactly replicated or replicated with modifications ...

We Need Leaders Inspire the 4-H members

We Need Leaders Inspire the 4 H members

leather-craft or any other projects that members show an interest. We can plan more than one project a night. If you are a leader that is interested in hosting a project workshop, please contact the Extension Office. Webpage updates Project and Club Lists have been updated on the Douglas County Extension Webpage. Visit our website Enrollment ...