Terms & Conditions
First Vehicle Leasing
Terms and Conditions
Revision AP23/1 30/08/2023
1.1 Client means: end user and Lessee
1.2 Manufacturer means: Manufacturer of the vehicle.
1.3 Finance provider means: the Lessor, or Lender
1.4 Finance Agreement means: Credit Agreement
1.5 Broker means: First Vehicle Leasing
1.6 Broker Fee means: The fee the Client pays for our service.
1.7 VLOF means: The Vehicle Leasing Order Form.
1.8 CAF means: Credit Application Form
1.9 CRA means: Credit Reference Agency
1.10 Credit Check means: A search against your credit file that will be visible to Lenders.
1.11 KYC means: Know Your Customer
1.12 FCA means: Financial Conduct Authority.
1.13 BVRLA means: The British Vehicle Rental and Leasing Association.
1.14 DVLA means: Driver and Vehicle Licensing Agency
1.15 ADR means: Alternative Dispute Resolution
1.16 Force Majeure Event means: acts, events, omissions or accidents beyond the Broker’s reasonable control, including but not exclusively, strikes, lock-outs or other industrial disputes (whether involving the Broker, Manufacturer or Finance provider or any other third party upon whom the Broker is reliant), 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, pandemic or default of suppliers.
1.17 Data Protection Legislation means: the UK Data Protections Legislation and (for so long as and to the extent that the law of the European Union has legal effect in the UK) the General Data Protection Regulation ((EU)2016/679) and any other directly applicable European Union regulation relating to privacy.
1.18 UK Data Protection Legislation means: any data protection legislation from time to time in force in the UK including the Data Protection Act 1998 or 2018 or any successor legislation.
1.19 VAT means: Value Added Tax at the rate of 20%.
2.1 The Broker will send to the Client the VLOF based on the specifications requested by the client.
2.2. By signing and returning the VLOF, all the terms and conditions herein will be deemed to have been agreed by the Client.
2.3 Once signed and returned to the Broker with the completed CAF, the Broker will submit the CAF to the Finance Provider for credit approval. Once credit is approved the Terms and Conditions contained therein will become enforceable.
2.4 The Broker charges a brokering fee as indicated on the VLOF. The Client agrees to pay the Broker this fee on submission of the VLOF and payment will be taken upon credit approval. If the Broker is not in receipt of these fees, the dealer order form will not be submitted.
2.5 The Broker will endeavour to obtain credit approval from the Finance Provider within a reasonable time from the signature of the VLOF.
2.6 All information will be used, where appropriate, for the purpose of obtaining credit approval from one of our panel of funders.
2.7 The Broker will require the Client to provide a proof of identity and proof of address to complete the KYC procedure. The proof of address should be dated within 90 days of the signature of the VLOF. The proof of address and proof of identity should be sent to the Broker alongside the signed VLOF, or within 14 days thereof.
2.8 The Client will provide any additional information requested by the Broker or Finance Provider necessary to submit the application for credit approval (the credit search may leave a footprint on your credit file).
2.9 In the event that the vehicle ordered is not available, the Broker will contact the Client by telephone, email or text message to discuss alternative vehicle options. Upon mutual acceptance of a suitable alternative, the broker will request a revised VLOF is signed by the Client.
3.0 FIRST VEHICLE LEASING FEES
3.1 The Broker charges a non-refundable brokering fee. This fee is not payable until the Client has signed the VLOF and the credit application has been approved. By signing the VLOF the Client agrees to the Broker taking this fee and you agree that the vehicle you have chosen will be suitable for the purpose(s) you require. We refer to Clause 2.4.
3.2 Payment of the brokering fee can be made either by Debit/Credit card or on an invoice payable by BACS transfer.
3.3 The brokering fee is payable at order stage, as a contribution to the costs incurred in processing the vehicle finance (from finance application to credit agreement), negotiating discounts to secure your preferred vehicle at the best possible price, and locating and supplying that vehicle.
3.4 In the event of a contract termination as specified under clause 8, the Broker reserves the right to levy an extra cancellation fee to cover any consequential loss dependent upon the number of hours spent dealing with and processing the order, as detailed in our initial disclosure document. This sum will be a maximum of three-monthly rental payments and is in addition to the brokering fee. By signing the VLOF you agree to the Broker charging any additional cancellation fees to your card.
3.5 We may receive income from the introduction of our customers to our panel of funders and/or from the supply of vehicles or goods. The income we receive may be pre-set but can also vary and may therefore impact the monthly rental that is payable. If you are a sole trader, small partnership, or consumer you have a legal right to ask us for disclosure of this commission. You may request this at any point during the sales process up until you sign and return the Vehicle Leasing Order Form. From this point we are under no obligation to disclose what we have earned from your transaction.
3.6 In the event that the vehicle ordered can not be supplied at point of order, we will contact the client by telephone, email and/or text message to discuss alternative vehicle options. If the broker is unable to provide the client with a suitable replacement they will arrange a refund of the broker fee within a reasonable time.
4.0 FIRST VEHICLE LEASING RESPONSIBILITIES
4.1 The Broker will endeavour to order the vehicle as specified in the Vehicle Leasing Order Form from the Manufacturer within a reasonable time from the date of credit approval by the Finance Provider.
5.0 VEHICLE DELIVERY
5.1 The order and delivery of your vehicle is subject to the Manufacturer’s or Finance Provider’s Terms and Conditions as you have agreed with them. The Broker shall not be liable for any failure to deliver on any agreed timescales between the Client, Manufacturer or Finance Provider.
5.2 The delivery date of the vehicle, and the proposed stock date, can both be changed by the Manufacturer. Delays to the date of delivery are out of the Broker’s control and we provide no guarantee that your vehicle will be delivered on or before the date you provide.
5.3 The Broker will provide the Client with periodic updates on the progress of your order.
5.4 Your vehicle includes the cost of vehicle number plates, Vehicle First Registration Charge, Vehicle Excise Duty (unless otherwise stated) and a driven Mainland U.K delivery. Delivery by trailer or transporter may be available to you, but an additional cost may be payable prior to delivery. Please inform us in advance if this is something you require. Delivery to Northern Ireland is possible, but the Client will need to contact the Broker to discuss.
5.5 Your new vehicle number plate will be confirmed by the supplying dealership. Unfortunately, there is no option for the client to select letters within the plate.
5.5 Please note that some Finance Providers may not allow connected services to be activated (connected services allow vehicles to be accessed or controlled remotely). Any connected services will be de-activated prior to the vehicle’s delivery to the Client.
5.6 If the Client refuses to accept delivery of the vehicle as signed for on the Vehicle Leasing Order Form, the Client will incur the delivery charges set out in clause 8.6
5.7 If the vehicle is damaged or is the incorrect specification the Client would need to make a written record of the defect/incorrect specification and return possession of the vehicle to the delivery agent. No delivery charges would be incurred by the Client under these circumstances.
5.8 In the event that the vehicle is mistakenly returned by the Client and the vehicle is as specified in the VLOF then the Client will incur delivery charges in accordance with the manufacturer’s delivery charges.
6.0 CLIENT RESPONSIBILITIES
6.1 You are legally bound to ensure your vehicle is serviced to the manufacturer’s standard when required to the length of your lease agreement as prescribed in the Manufacturer’s Terms and Conditions.
6.2 Failure to service and maintain your vehicle as per the manufacturer’s recommendations may invalidate your warranty. The length and mileage limit of your warranty period will depend on the manufacturer. We recommend that as the driver of the vehicle you familiarise yourself with the vehicle handbook and any requirements thereof.
If you have any queries or concerns, please contact either us or a manufacturer’s dealership.
6.3 The Client must ensure that they have requested the correct mileage prior to signing the contract. Depending on your contract with the Finance Provider, you may have the option to amend the contract mileage once you are in the agreement. If the Client exceeds their prescribed mileage, excess mileage charges may apply. These are enforceable by the Finance Provider on the return of the vehicle.
6.4 The maintenance costs will be reduced if you have added a fixed monthly maintenance cost to your lease as referenced in clause 3.4.
6.5 The fixed monthly maintenance cost is subject to the following exclusions:
(b) Broken Windscreen
(c) Road Traffic Collision whether or not the Client is at fault
(d) fluids and consumable items e.g., brake fluid, Ad Blue, etc.
In relation to points (a) to (c) the Client should arrange the repairs through their insurance cover.
6.6 You are required to arrange insurance for your vehicle for the duration of your contract hire agreement using a fully comprehensive insurance policy. The broker is not regulated to provide any guidance on insurance products and therefore it is the client’s responsibility to ensure any products purchased suit their circumstance and requirements.
6.7 To comply with the new Euro 6 standard and reduce emissions, more diesel vehicles are being built with SCR (selective catalytic reduction) technology. To work, vehicles need to have an additional tank of liquid for an agent known as AdBlue. You as the driver need to monitor levels and top up as and when required.
6.8 The cost of AdBlue top ups are not included in your contract. Failure to check these levels and take action when warning lights are showing may result in the vehicle entering “limp mode”. Any damage to the vehicle as a result of inaction will be chargeable to you.
6.9 If the rate of taxation changes during the contract, for example, vehicle excise duty or VAT, then the cost of this will be covered by the client as prescribed by the Finance Provider in their terms and conditions.
6.10 If the rate of taxation changes between point of order and delivery to the client, for example vehicle excise duty or VAT, the cost of this increase is not included and will be covered by the client unless otherwise agreed.
6.11 The Client is under an obligation to comply with the Terms and Conditions of the credit agreement with the Finance Provider. Failure to do so may result in defaults on your credit file and potentially the vehicle being collected by the Finance Provider
6.12 The vehicle must be returned in good condition, and it is the Client’s responsibility to arrange for the collection of the vehicle at the end of the contract.
6.13 If the vehicle is returned damaged, additional charges may apply. All Finance Providers use a BVRLA Fair, Wear and Tear Guide to determine what are acceptable levels of damage.
6.14 A Deposit may be required in addition to the brokering fee to secure your vehicle order. This deposit will be charged by the supplying dealership at point of order where applicable and will be refunded in full within 48 hours from the date of delivery to the client.
6.15 The Client can add optional extras to the lease, such as a fixed monthly maintenance cost and carpet mats. These will be incorporated into the monthly rental charge.
6.16 Adding optional extras to your vehicle may affect the CO2 emissions from your vehicle. The CO2 figures provided are based on information received from the Finance Provider, and an industry data provider. This may increase the monthly rental if the CO2 emission is raised enough to enter a higher VED banding. The Client will be obliged to pay the increased fees under these circumstances.
7.0 VEHICLE OWNERSHIP
7.1 The Client is not able to purchase the vehicle at the end of the contractual term. The vehicle will always remain the property of the finance provider and they will retain the V5 document at all times.
7.2 Where a demand for parking/speeding or congestion penalties is received, there may be an additional charge for administering each demand. The Finance Provider, being the registered keeper, will pay the charge and claim the charge plus any administration fee from the Client.
7.3 Where the registered keeper receives a notice of intended prosecution and request to provide driver information under s.172 of the Road Traffic Act that specifies the Client’s leased vehicle, the registered keeper will complete the request and nominate the Client as the driver. This will trigger a S172 request for driver information to be sent to the Client who is under a legal obligation to complete the request for driver information.
7.4 If the Client fails to adhere to their legal obligations under s.172 of the Road Traffic Act, they may be prosecuted for failing to provide driver information.
7.5 Your new vehicle will be covered by a Manufacturer warranty. This warranty protects the client & purchaser against any costs from defects that may occur from the failure of parts or components. The warranty period for your vehicle commences when the vehicle is registered with the DVLA. Each manufacturer provides differing lengths of warranty cover, and your vehicle may not be covered for the length of your contract. Any charges that arise after the warranty end date are to be covered by the client unless notification was provided by the broker prior to the contract hire commencement date.
8.0 CONTRACT TERMINATION
8.1 If the client wishes to terminate their contract before the end of the contracted term, they should contact the Broker by email. The Broker will then contact the Finance provider within 3 business days and inform them of the Client’s intention to terminate on the Client’s behalf.
8.2 If the Client cancels the contract before the contractual term has ended, early termination fees may apply at the discretion of the Finance Provider. These may be up to 100% of the remaining rentals.
8.3 Some Finance Providers will calculate the early termination charge on an individual case basis whereas others will charge a set amount of 50% of the outstanding rentals (plus any arrears damage charges and excess mileage).
8.4 Late payment of the monthly rental fee is chargeable. Late payments can result in the termination of the contract with all remaining rental payments due. Whether the contract is terminated as a result of late payment is to the discretion of the Finance Provider.
8.5 All fees referenced in the above clauses 8.2, 8.3 and 8.4 are dealt with under the purview of the Finance Provider.
8.6 If the Client refuses to accept delivery of the vehicle as specified in the Vehicle Leasing Order Form, the Client is liable to pay early aborted delivery charges to the Broker as specified by the Broker. We refer to Clause 5.6.
8.7 The Broker reserves the right to immediately terminate the contract where:
(a) you are abusive or threatening;
(b) it is clear that the vehicle is being used to facilitate criminal activity;
(c) we are no longer able to provide our service;
Where subsections (a) and (b) apply, the Client is still liable to pay the relevant charges as specified in this section.
8.8 The client may be entitled to cancel this agreement in accordance with the customer Contracts Regulation. You may cancel the agreement any time before the 14th day on which the contract agreement was entered into in accordance with clause 2.3. Under clause 3.4, we reserve the right to forward to you any charges that we incur as a result of you cancelling this order.
8.9 The contract will terminate at the end of the contract term and will not automatically renew without express consent of the Client.
8.10 If the Client retains the vehicle beyond the contracted period, then the Client will be charged on a pro-rata basis until they return the vehicle within the terms of the agreement.
8.11 We may not be able to provide our service, or your service may be affected by, a force majeure event or something beyond our reasonable control. In this scenario, we cannot accept responsibility for what has occurred, and we may need to suspend or terminate your contract with the Broker. In such circumstances, the Client’s obligation to fulfil their duty under this contract ceases from this date of suspension or termination.
9.1 We always aim to provide our customers with the best level of service we can, so if you have a cause for complaint, please contact us on 0330 822 4514, email [email protected], or write to us at: Customer Relations Manager, First Vehicle Leasing, Enterprise House, Drumpellier Business Park, Glasgow Road, Coatbridge, ML5 1EL.
9.2 We always try to resolve any complaints received immediately. We will acknowledge your complaint in writing within five business days providing you with details of the complaint handler.
9.3 Where it has not been possible to resolve the complaint within this timeframe, we will follow the Dispute Resolution process. During this time we will investigate your complaint fully. We may need to speak with other departments, companies or suppliers in order to resolve your query. We promise to keep in touch with you and we will endeavour to write to you within four weeks with our progress and findings.
9.4 Where we are unable to provide you with a final written response within four weeks, you will receive an explanation as to why the complaint is taking longer than expected. We will continue our investigations and aim to respond finally within eight weeks of the date of receipt of the original complaint.
9.5 We will consider your complaint closed after our final response to you. If you wish to exercise your legal right, you can refer your matter to the Financial Ombudsman service https://www.financial-ombudsman.org.uk. Email: [email protected] Telephone: 0800 023 4567, Financial Ombudsman Service, Exchange Tower, London, E14 9SR.
9.6 The BVRLA are a government approved ADR service, and you may have the option to refer your complaint to their Conciliation Service. Email: [email protected], British Vehicle Rental and Leasing Association, River Lodge, Badminton Court, Amersham, HP7 0DD.
10.0 DATA PROTECTIOIN
11.2 This contract is governed exclusively by the laws of England and Wales. We both agree to submit to the exclusive jurisdiction of the English courts. However, if you are registered in Northern Ireland we may at our discretion bring proceedings in Northern Ireland, and if you are registered in Scotland, we may bring proceedings in Scotland.
12.0 OUR WEBSITE USE
12.1 The vehicle specifications displayed on the website are provided by a third-party supplier. Whilst every effort is made to ensure the accuracy of the information, the specifications should only be used as a guide. As the client it is your responsibility to verify the actual vehicle specification with the Manufacturer.
12.2 The vehicle images displayed on the website are for illustration purposes only. Whilst every effort is made to ensure the accuracy of the information, a different specification vehicle may be displayed due to the imagery not being available.
12.3 The Broker will not accept any liability for any loss or damage arising from, or in relation to, reliance upon any information supplied through the website, nor the products, services or other activities undertaken through or by third parties linked with the Broker shown on the website.
12.4 Any links displayed on the broker website are merely to facilitate communication between the client and a service or service provider. Any services provided by the broker are included within the terms and conditions herein.
12.5 The broker does not endorse, recommend, or offer any opinion about any website not owned by themselves. Any links displayed are for the convenience of website design techniques and therefore placement within does not indicate any preference.
12.6 The broker has no control or responsibility for the websites and pages you may access by clicking links that lead away from the broker’s website. The client is responsible for checking the credentials of any websites they interact with.