Vehicle Return. 7.1 You will remain liable for any loss of or damage to the Vehicle from the time at which the Vehicle is On Leased to you on the Start Date until the Vehicle is Off Leased and are obliged to comply with the terms of this Agreement until the procedure for Off Leasing the Vehicle (as set out in this Clause 7) has been completed. 7.2 Where the Vehicle is on a SOGO Flexi Lease you must Off-Lease the Vehicle on or before the Return Date. 7.3 If you Off-Lease a Vehicle on a SOGO Flexi Lease prior to the agreed Return Date you will remain liable for Lease Charges up to the Return Date as identified in the Agreement. 7.4 To take the Vehicle off-lease you must contact us to arrange for us to collect the Vehicle on the Return Date (or such other date as may be agreed between us) providing no less than 5 working days notice and you shall ensure that such Vehicle is available for collection on the Return Date (or such date as otherwise agreed between us), or make an alternative arrangement in respect of the Vehicle pursuant to Clause 4.2 of this Agreement (“Off-Leasing”). In each case, the Off-Lease will be effective as at the time SOGO communicates this to you, and will most usually be the time at which the keys for the Vehicle have been handed to us or our representative (except that this shall not be required if Clause 4.2.3 applies) and an applicable Off-Lease form and/or Vehicle Condition Report have been signed by you or your representative (except that the Off-lease form and a Vehicle Condition Report do not need to be signed if Clause 7.5 applies). 7.5 If we attempt to collect a Vehicle from you at a location specified by you on the Return Date or as otherwise at the end of the Lease Period and you are not available (or are otherwise unable) to return the Vehicle for any reason whatsoever (a “Failed Collection Attempt”), we reserve the right to charge you for all costs incurred by us in connection with the Failed Collection Attempt. In the case of a Failed Collection Attempt you will continue to incur charges for each Lease Day on which you retain possession of the Vehicle after the date of the Failed Collection Attempt until such Vehicle is successfully returned to us. We will use reasonable endeavours to arrange another suitable collection date. 7.6 At the Off-Lease of the Vehicle, the Vehicle shall be in the same condition as was identified in the Vehicle Condition Report, except that we will allow for normal wear and tear taking into account the distance travelled in the Vehicle and the duration of the Lease Period (please refer to the BVRLA Fair Wear & Tear Guide as published by the BVRLA from time to time and available to view via our website for further details). 7.7 If you fail to return the Vehicle in accordance with the provisions of Clause 7.6 and the Vehicle is (in our reasonable opinion) economical to repair, the Lease Charges payable shall be recalculated to include charges in connection with the time taken to repair and the time to obtain authorisation for such repair as well as the cost of repairing such damage calculated on the basis of the below: 7.7.1 the cost of the repair is under three thousand pounds (£3,000) the charge shall be calculated based on the Lease Charge for the estimated number of labour days the repairs will take; or 7.7.2 the cost of repair is over three thousand pounds £3,000 the charge shall be calculated as set out in Clause 7.7.1 with the addition of the Lease Charges for the number of days you take to authorise the repair in accordance with Clause 13, and in any event, the charges set out in Clause 7.8 shall not exceed the Lease Charges for twenty eight (28) days. For the avoidance of doubt, where the cost of repair is less than any applicable Damage Allowance, no refund on any allowance balance will be payable. 7.8 If you fail to return the Vehicle in accordance with Clause 7.6 and the Vehicle is (in our reasonable opinion) beyond economic repair you will be liable to pay both the Market Value of replacement of the Vehicle less the sum of any salvage value where applicable (notified to you by us) and the Lease Charge, which shall be payable from the date of return of the Vehicle until the earlier of (i) the date we receive from you payment of the Market Value; and (ii) twenty eight (28) days after the Return Date of the Vehicle by you to us. 7.9 If you fail to return the Vehicle on the Return Date due to theft of the Vehicle and the Vehicle is not recovered you will be liable to pay us the Lease Charge until settlement in full is received from you for the replacement cost (calculated as the Market Value of the Vehicle) up to a maximum of twenty eight (28) days. 7.10 If at Off-Lease we are required to remove materials or equipment from a Vehicle you shall be responsible for the costs associated with this removal (including the Lease Charge for any days or part thereof on which the Vehicle cannot reasonably be hired to a third party due to the materials or equipment needing to be removed) and any subsequent cleaning of the Vehicle. 7.11 If, upon return of a Vehicle, any evidence of smoking is found or the Vehicle is otherwise in an unacceptably dirty or unusable condition, we reserve the right to pass on the charge to valet the Vehicle, any other associated charges including an Administration Fee.
Appears in 2 contracts
Samples: Unregulated Consumer Hire Agreement, Unregulated Consumer Hire Agreement
Vehicle Return. 7.1 You will remain liable for any loss of or damage to the Vehicle from the time at which the Vehicle is On Leased to you on the Start Date until the Vehicle is Off Leased and are obliged to comply with the terms of this Agreement until the procedure for Off Leasing the Vehicle (as set out in this Clause 7) has been completed.
7.2 Where the Vehicle is on a SOGO Flexi Lease you must Off-Lease the Vehicle on or before the Return Date.
7.3 If you Off-Lease a Vehicle on a SOGO Flexi Lease prior to the agreed Return Date you will remain liable for Lease Charges up to the Return Date as identified in the Agreement.
7.4 To take the Vehicle off-lease you must contact us to arrange for us to collect the Vehicle on the Return Date (or such other date as may be agreed between us) providing no less than 5 10 working days notice and you shall ensure that such Vehicle is available for collection on the Return Date (or such date as otherwise agreed between us), or make an alternative arrangement in respect of the Vehicle pursuant to Clause 4.2 of this Agreement (“Off-Leasing”). In each case, the Off-Lease will be effective as at the time SOGO communicates this to you, and will most usually be the time at which the keys for the Vehicle have been handed to us or our representative (except that this shall not be required if Clause 4.2.3 applies) and an applicable Off-Lease form and/or Vehicle Condition Report have been signed by you or your representative (except that the Off-lease form and a Vehicle Condition Report do not need to be signed if Clause 7.5 applies).
7.5 If we attempt to collect a Vehicle from you at a location specified by you on the Return Date or as otherwise at the end of the Lease Period and you are not available (or are otherwise unable) to return the Vehicle for any reason whatsoever (a “Failed Collection Attempt”), we reserve the right to charge you for all costs incurred by us in connection with the Failed Collection Attempt. In the case of a Failed Collection Attempt you will continue to incur charges for each Lease Day on which you retain possession of the Vehicle after the date of the Failed Collection Attempt until such Vehicle is successfully returned to us. We will use reasonable endeavours to arrange another suitable collection date.
7.6 At the Off-Lease of the Vehicle, the Vehicle shall be in the same condition as was identified in the Vehicle Condition Report, except that we will allow for normal wear and tear taking into account the distance travelled in the Vehicle and the duration of the Lease Period (please refer to the BVRLA Fair Wear & Tear Guide as published by the BVRLA from time to time and available to view via our website for further details).
7.7 If you fail to return the Vehicle in accordance with the provisions of Clause 7.6 and the Vehicle is (in our reasonable opinion) economical to repair, the Lease Charges payable shall be recalculated to include charges in connection with the time taken to repair and the time to obtain authorisation for such repair as well as the cost of repairing such damage calculated on the basis of the below:
7.7.1 the cost of the repair is under three thousand pounds (£3,000) the charge shall be calculated based on the Lease Charge for the estimated number of labour days the repairs will take; or
7.7.2 the cost of repair is over three thousand pounds £3,000 the charge shall be calculated as set out in Clause 7.7.1 with the addition of the Lease Charges for the number of days you take to authorise the repair in accordance with Clause 13, and in any event, the charges set out in Clause 7.8 shall not exceed the Lease Charges for twenty eight (28) days. For the avoidance of doubt, where the cost of repair is less than any applicable Damage Allowance, no refund on any allowance balance will be payable.
7.8 If you fail to return the Vehicle in accordance with Clause 7.6 and the Vehicle is (in our reasonable opinion) beyond economic repair you will be liable to pay both the Market Value of replacement of the Vehicle less the sum of any salvage value where applicable (notified to you by us) and the Lease Charge, which shall be payable from the date of return of the Vehicle until the earlier of (i) the date we receive from you payment of the Market Value; and (ii) twenty eight (28) days after the Return Date of the Vehicle by you to us.
7.9 If you fail to return the Vehicle on the Return Date due to theft of the Vehicle and the Vehicle is not recovered you will be liable to pay us the Lease Charge until settlement in full is received from you for the replacement cost (calculated as the Market Value of the Vehicle) up to a maximum of twenty eight twelve (2812) daysmonths.
7.10 If at Off-Lease we are required to remove materials or equipment from a Vehicle you shall be responsible for the costs associated with this removal (including the Lease Charge for any days or part thereof on which the Vehicle cannot reasonably be hired to a third party due to the materials or equipment needing to be removed) and any subsequent cleaning of the Vehicle.
7.11 If, upon return of a Vehicle, any evidence of smoking is found or the Vehicle is otherwise in an unacceptably dirty or unusable condition, we reserve the right to pass on the charge to valet the Vehicle, any other associated charges including an Administration Fee.
Appears in 2 contracts
Samples: Unregulated Consumer Hire Agreement, Consumer Hire Agreement
Vehicle Return. 7.1 You will remain liable for any loss of or damage to the Vehicle from the time at which the Vehicle is On Leased to you on the Start Date until the Vehicle is Off Leased and are obliged to comply with the terms of this Agreement until the procedure for Off Leasing the Vehicle (as set out in this Clause 7) has been completed.
7.2 Where the Vehicle is on a SOGO Flexi Lease you must Off-Lease the Vehicle on or before the Return Date.
7.3 If you Off-Lease a Vehicle on a SOGO Flexi Lease prior to the agreed Return Date you will remain liable for Lease Charges up to the Return Date as identified in the Agreement.
7.4 To take the Vehicle off-lease you must contact us to arrange for us to collect the Vehicle on the Return Date (or such other date as may be agreed between us) providing no less than 5 10 working days notice and you shall ensure that such Vehicle is available for collection on the Return Date (or such date as otherwise agreed between us), or make an alternative arrangement in respect of the Vehicle pursuant to Clause 4.2 of this Agreement (“Off-Leasing”). In each case, the Off-Lease will be effective as at the time SOGO communicates this to you, and will most usually be the time at which the keys for the Vehicle have been handed to us or our representative (except that this shall not be required if Clause 4.2.3 applies) and an applicable Off-Lease form and/or Vehicle Condition Report have been signed by you or your representative (except that the Off-lease form and a Vehicle Condition Report do not need to be signed if Clause 7.5 applies).
7.5 If we attempt to collect a Vehicle from you at a location specified by you on the Return Date or as otherwise at the end of the Lease Period and you are not available (or are otherwise unable) to return the Vehicle for any reason whatsoever (a “Failed Collection Attempt”), we reserve the right to charge you for all costs incurred by us in connection with the Failed Collection Attempt. In the case of a Failed Collection Attempt you will continue to incur charges for each Lease Day on which you retain possession of the Vehicle after the date of the Failed Collection Attempt until such Vehicle is successfully returned to us. We will use reasonable endeavours to arrange another suitable collection date.
7.6 At the Off-Lease of the Vehicle, the Vehicle shall be in the same condition as was identified in the Vehicle Condition Report, except that we will allow for normal wear and tear taking into account the distance travelled in the Vehicle and the duration of the Lease Period (please refer to the BVRLA Fair Wear & Tear Guide as published by the BVRLA from time to time and available to view via our website for further details).
7.7 If you fail to return the Vehicle in accordance with the provisions of Clause 7.6 and the Vehicle is (in our reasonable opinion) economical to repair, the Lease Charges payable shall be recalculated to include charges in connection with the time taken to repair and the time to obtain authorisation for such repair as well as the cost of repairing such damage calculated on the basis of the below:
7.7.1 the cost of the repair is under three thousand pounds (£3,000) the charge shall be calculated based on the Lease Charge for the estimated number of labour days the repairs will take; or
7.7.2 the cost of repair is over three thousand pounds £3,000 the charge shall be calculated as set out in Clause 7.7.1 with the addition of the Lease Charges for the number of days you take to authorise the repair in accordance with Clause 13, and in any event, the charges set out in Clause 7.8 shall not exceed the Lease Charges for twenty eight (28) days. For the avoidance of doubt, where the cost of repair is less than any applicable Damage Allowance, no refund on any allowance balance will be payable.
7.8 If you fail to return the Vehicle in accordance with Clause 7.6 and the Vehicle is (in our reasonable opinion) beyond economic repair you will be liable to pay both the Market Value of replacement of the Vehicle less the sum of any salvage value where applicable (notified to you by us) and the Lease Charge, which shall be payable from the date of return of the Vehicle until the earlier of (i) the date we receive from you payment of the Market Value; and (ii) twenty eight (28) days after the Return Date of the Vehicle by you to us.
7.9 If you fail to return the Vehicle on the Return Date due to theft of the Vehicle and the Vehicle is not recovered you will be liable to pay us the Lease Charge until settlement in full is received from you for the replacement cost (calculated as the Market Value of the Vehicle) up to a maximum of twenty eight twelve (2812) daysmonths.
7.10 If at Off-Lease we are required to remove materials or equipment from a Vehicle you shall be responsible for the costs associated with this removal (including the Lease Charge for any days or part thereof on which the Vehicle cannot reasonably be hired to a third party due to the materials or equipment needing to be removed) and any subsequent cleaning of the Vehicle.
7.11 If, upon return of a Vehicle, any evidence of smoking is found or the Vehicle is otherwise in an unacceptably dirty or unusable condition, we reserve the right to pass on the charge to valet the Vehicle, any other associated charges including an Administration Fee.
7.12 We have the right to repossess the Vehicle without notice and at all material times if you have failed to make any payments due to us under the Lease Agreement.
Appears in 1 contract
Samples: Unregulated Consumer Hire Agreement
Vehicle Return. 7.1 You will remain liable for any loss of or damage to the Vehicle from the time at which the Vehicle is On Leased to you on the Start Date until the Vehicle is Off Leased and are obliged to comply with the terms of this Agreement until the procedure for Off Leasing the Vehicle (as set out in this Clause 7) has been completed.
7.2 Where the Vehicle is on a SOGO Flexi Lease you must Off-Lease the Vehicle on or before by providing at least 30 days' notice prior to the Return Date.
7.3 If you Off-Lease a Vehicle on a SOGO Flexi Lease prior to the agreed Return Date you will remain liable for Lease Charges up to the Return Date as identified in the Agreement.
7.4 To take the Vehicle off-lease you must contact us to arrange for us to collect the Vehicle on the Return Date (or such other date as may be agreed between us) providing no less than 5 working days notice and you shall ensure that such Vehicle is available for collection on the Return Date (or such date as otherwise agreed between us), or make an alternative arrangement in respect of the Vehicle pursuant to Clause 4.2 of this Agreement (“Off-Leasing”). In each case, the Off-Lease will be effective as at the time SOGO communicates this to you, and will most usually be the time at which the keys for the Vehicle have been handed to us or our representative (except that this shall not be required if Clause 4.2.3 applies) and an applicable Off-Lease form and/or Vehicle Condition Report have been signed by you or your representative (except that the Off-lease form and a Vehicle Condition Report do not need to be signed if Clause 7.5 applies).
7.5 If we attempt to collect a Vehicle from you at a location specified by you on the Return Date or as otherwise at the end of the Lease Period and you are not available (or are otherwise unable) to return the Vehicle for any reason whatsoever (a “Failed Collection Attempt”), we reserve the right to charge you for all costs incurred by us in connection with the Failed Collection Attempt. In the case of a Failed Collection Attempt you will continue to incur charges for each Lease Day on which you retain possession of the Vehicle after the date of the Failed Collection Attempt until such Vehicle is successfully returned to us. We will use reasonable endeavours to arrange another suitable collection date.
7.6 At the Off-Lease of the Vehicle, the Vehicle shall be in the same condition as was identified in the Vehicle Condition Report, except that we will allow for normal wear and tear taking into account the distance travelled in the Vehicle and the duration of the Lease Period (please refer to the BVRLA Fair Wear & Tear Guide as published by the BVRLA from time to time and available to view via our website for further details).
7.7 If you fail to return the Vehicle in accordance with the provisions of Clause 7.6 and the Vehicle is (in our reasonable opinion) economical to repair, the Lease Charges payable shall be recalculated to include charges in connection with the time taken to repair and the time to obtain authorisation for such repair as well as the cost of repairing such damage calculated on the basis of the below:
7.7.1 the cost of the repair is under three thousand pounds (£3,000) the charge shall be calculated based on the Lease Charge for the estimated number of labour days the repairs will take; or
7.7.2 the cost of repair is over three thousand pounds £3,000 the charge shall be calculated as set out in Clause 7.7.1 with the addition of the Lease Charges for the number of days you take to authorise the repair in accordance with Clause 13, and in any event, the charges set out in Clause 7.8 shall not exceed the Lease Charges for twenty eight (28) days. For the avoidance of doubt, where the cost of repair is less than any applicable Damage Allowance, no refund on any allowance balance will be payable.
7.8 If you fail to return the Vehicle in accordance with Clause 7.6 and the Vehicle is (in our reasonable opinion) beyond economic repair you will be liable to pay both the Market Value of replacement of the Vehicle less the sum of any salvage value where applicable (notified to you by us) and the Lease Charge, which shall be payable from the date of return of the Vehicle until the earlier of (i) the date we receive from you payment of the Market Value; and (ii) twenty eight (28) days after the Return Date of the Vehicle by you to us.
7.9 If you fail to return the Vehicle on the Return Date due to theft of the Vehicle and the Vehicle is not recovered you will be liable to pay us the Lease Charge until settlement in full is received from you for the replacement cost (calculated as the Market Value of the Vehicle) up to a maximum of twenty eight twelve (2812) daysmonths.
7.10 If at Off-Lease we are required to remove materials or equipment from a Vehicle you shall be responsible for the costs associated with this removal (including the Lease Charge for any days or part thereof on which the Vehicle cannot reasonably be hired to a third party due to the materials or equipment needing to be removed) and any subsequent cleaning of the Vehicle.
7.11 If, upon return of a Vehicle, any evidence of smoking is found or the Vehicle is otherwise in an unacceptably dirty or unusable condition, we reserve the right to pass on the charge to valet the Vehicle, any other associated charges including an Administration Fee.
7.12 We have the right to repossess the Vehicle without notice and at all material times if you have failed to make any payments due to us under the Lease Agreement.
Appears in 1 contract
Samples: Unregulated Consumer Hire Agreement