1.1 Definitions. In these conditions, the following definitions apply:
Contract: the contract between AL and the Customer for the supply of Services in accordance with these conditions. Contracts entered, by way of e-sign or wet sign.
Customer: the person or firm who purchases Services from AL.
Order: the Customer's order for Services as set out in the Customer's purchase order form.
Services: a brokering service pursuant to which AL will arrange for the purchase of the vehicle set out in the Order and if required broker a motor finance contract (Finance) to be entered into between the Customer and a leasing company.
Sourcing (Fee): the fee which Applied Leasing Ltd charge for their services. This fee is limited to ordering, sourcing and delivering the vehicle. The (Fee) represents charges separate to, and does constitute as part of the motor finance contract.
Specification: the description of the required Services given to AL by the Customer.
AL: Applied Leasing Limited registered in England and Wales with company number 02473288.
Vehicle: the motor vehicle to which the provision of Services relates.
Commencement Date : the date whereby the contract comes into existence
2. BASIS OF CONTRACT
2.1 Any quotation given by AL shall not constitute an offer, and is only valid for a period of 14 days from its date of issue and is subject to changes including but not limited to the manufacturer's vehicle price, VAT, residual values and interest rate changes.
2.2 The Order together with a signed proposal for Finance (Proposal) if required constitutes an offer by the Customer to purchase Services from AL in accordance with these Conditions.
2.3 AL retains the right to change the price set out in the Order either before or after the signed Order has been received by AL. AL will notify the Customer of any such change to the price and if the change is not agreed the Customer may cancel the Order.
2.4 Credit may be available to persons of 18 years and over and is subject to status and credit approval. Guarantees and indemnities may be required. By signing the Proposal and Order the Customer agrees that the leasing company will make a credit agency search against the Customer. AL shall not be liable to the Customer for any refusal by the leasing company to accept the Order.
2.5 The Order shall only be deemed to be accepted when AL has received the: Order, service agreement; together with the refundable vehicle holding deposit of £250 (Deposit), the agreed sourcing fee (Fee), the confirmation from the leasing company that Finance has been agreed and AL issues written/verbal acceptance of the Order, at which point and on which date the Contract shall come into existence (Commencement Date) and the Customer consents for AL to immediately make arrangements with the manufacturer for the purchase of the Vehicle on the Customer's behalf and the terms of the Finance agreement will apply to the purchase.
2.6 In the event that the manufacturer or the leasing company no longer has the Vehicle available for the price on which the Contract is based, AL retains the right to change the price set out in the Contract. AL will notify the Customer of any such change to the price and if the change is not agreed the Customer may cancel the Contract by notifying AL in writing within 3 days of receiving notice of the price increase and, subject to clause
2.7 the Fee shall be retained by AL for services to date, such as sourcing and ordering the vehicle. The 'Holding Deposit' shall be refunded to the Customer within 7 days of receiving such notice of cancellation. 2.7 In the event that the Customer cancels the Contract in accordance with clause 2.6 but places a new Order with AL within 7 days of such cancellation the 'Sourcing Fee' and the 'Holding Deposit' shall be held by AL as the Fee and the Deposit in respect of the new Order.
2.8 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of AL which is not set out in the Contract. The vehicle specifications displayed on AL's website and advertising literature are taken from information supplied by the manufacturer and are for Applied Leasing Terms & Conditions Amended 06/01/2020 – V7 information purposes only and the Customer should verify such information with the manufacturer or franchised dealer. They shall not form part of the Contract or any other contract between AL and the Customer for the supply of the Services.
2.9 The Services are covered by the Consumer Protection (Distance Selling) Regulations 2000 (Regulations). By entering the Contract the Customer consents for AL to provide the Services immediately and waives its right to cancel the Services in accordance with the Regulations.
2.10 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3. SUPPLY OF SERVICES
3.1 AL shall supply the Services to the Customer.
3.2 Upon receipt of the Initial payment/rental specified in the Order (or as otherwise amended in accordance with clauses 2.3 and 2.8) and any Finance documents requested by the leasing company AL will arrange delivery of the Vehicle to your chosen destination.
3.3 AL shall use all reasonable endeavours to ensure that any performance dates provided to the Customer are met but any such dates shall be estimates only and time shall not be of the essence for performance of the Services. The estimated delivery date specified in the Order represents the estimate provided by the manufacturer and AL shall endeavour to keep the Customer updated in respect of any changes to such estimates.
3.4 Driven delivery to mainland England and Wales is free. If the Customer does not consent to the Vehicle being driven to the delivery address the Customer shall notify AL at least 7 days in advance of the estimated delivery date and the Customer may incur additional delivery charges and/or increased delivery time. Transported delivery is chargeable, prices to be obtained by customer prior to commencement date.
3.5 Upon receipt of the Vehicle the Customer shall sign a delivery acceptance note (Note) and by signing the Note will be deemed to accept the Vehicle as ordered, in good and undamaged condition. In the event that the Vehicle is damaged the Customer may refuse to accept delivery unless such damage was caused by the Customer.
3.6 Should you authorise a third party to sign on your behalf, you 'Customer' accepts all liability. AL advises you ensure the third party is aware of all terms, clauses and vehicle specification.
3.7 In the event that the Vehicle is damaged (and such damage was not the fault of the Customer) and the Customer wishes to take delivery, any damage should be recorded on the Note before signing and AL shall use its reasonable endeavours to arrange for the manufacturer to make good any damage in due course.
3.8 AL shall refund the vehicle holding deposit of £250.00 to the Customer, between 14 -21 working days of the vehicle Delivery, providing that the Finance Agreement has been set live by the Funder.
3.9 AL shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and AL shall notify the Customer in any such event.
3.10 AL warrants to the Customer that the Services will be provided using reasonable care and skill.
4. CUSTOMER'S OBLIGATIONS
4.1 The Customer shall: (a) ensure that the terms of the Order and any information it provides in the Specification are complete and accurate; (b) co-operate with AL in all matters relating to the Services; (c) provide AL with such information and materials as AL may reasonably require in order to supply the Services, and ensure that such information is accurate in all material respects;
4.2 If AL's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation
(a) AL shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default Applied Leasing Terms & Conditions Amended 06/01/2020 – V7 to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays AL's performance of any of its obligations;
(b) AL shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from AL's failure or delay to perform any of its obligations as set out in this clause 4.2; and
(c) the Customer shall reimburse AL on written demand for any costs or losses sustained or incurred by AL arising directly or indirectly from the Customer Default.
5. LIMITATION OF LIABILITY
5.1 Nothing in these Conditions shall limit or exclude AL's liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
5.2 Subject to clause 5.1:
(a) AL shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under or in connection with the Contract including any losses that may result from a deliberate breach of the Contract by AL; and
(b) AL's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, including losses caused by a deliberate breach of the Contract by AL shall not exceed £150.
5.3 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
5.4 This clause 5 shall survive termination of the Contract.
6. TERMINATION OF CONTRACT
6.1 If the Customer for any reason (except in accordance with clause 2.6) wishes to terminate the Contract within 14 days of the 'Commencement Date' the customer must inform AL in writing. The Customer will be entitled to a refund of their Holding Deposit (With the exception of, Limited Companies and Partnerships). AL reserves the right to retain the full 'Sourcing fee' for the supply of services to date.
6.2 If the Customer for any reason (except in accordance with clause 2.6) wishes to terminate the Contract 14 days after the 'Commencement Date', they must inform AL in writing and will incur an administration charge of £250 which shall be satisfied by the forfeit of the 'Holding Deposit', in addition AL reserves the right to retain the Full 'Sourcing fee' as per clause 6.1, in conjunction with clause 2.9. The Customer shall also be liable to AL for any additional cancellation fees or costs incurred by AL in respect of the cancellation and such sum shall be paid to AL within 14 days of AL receiving written notice and any sum outstanding thereafter shall attract interest at a rate of 5% per annum above Barclays Bank plc base rate.
6.3 Without limiting its other rights or remedies, AL may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under this Contract on the due date for payment or breaches its obligations under this Contract.
7. DISPUTE RESOLUTION
7.1 The Customer shall at first instance attempt to resolve any complaints arising from the Contract informally by informing a representative of AL of any complaints. In the event the dispute cannot be resolved informally then a formal complaint shall be made in writing to AL and shall be dealt with in accordance with AL's complaints procedure.
7.2 In the event that the complaint is unresolved following the procedure set out in clause 7.1 the Customer shall have right to appeal to the managing director of AL in writing. Only when the Applied Leasing Terms & Conditions Amended 06/01/2020 – V7 procedures set out in this clause 7 are exhausted may the Customer commence proceedings against AL.
8.1 Force majeure:
(a) For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of AL including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of AL or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, default of suppliers or subcontractors or the unavailability of the Vehicle.
(b) AL shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
(c) If the Force Majeure Event prevents AL from providing any of the Services for more than 4 weeks, AL shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Customer.
8.2 Assignment and subcontracting:
(a) AL may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
(b) The Customer shall not, without the prior written consent of AL, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
(a) A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
(b) Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
(a) If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
(b) If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
8.5 Third parties:
A person who is not a party to the Contract shall not have any rights under or in connection with it.
Any variation, including the introduction of any additional terms and conditions, to the Contract, shall only be binding when agreed in writing and signed by AL.
8.7 Governing law and jurisdiction:
This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.