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19th Sep 2018 - By providing honest and independent vehicle and finance solutions; KeyFleet makes our clients lives easier by understanding their needs and developing long term relationships whilst saving them time and money.

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Terms and conditions

Vehicle Quotation and Supply Terms and Conditions

Please note - a copy of these terms will be included with your quotation and is also available on request in pdf format.

Interpretation

“KeyFleet(s)” means the trading name of Key Finance and Leasing Limited, registered company in England and Wales under company number 6530494 and whose address is at Suite 28, Manor Court, Salesbury Hall Road, Ribchester, PR3 3XR. KeyFleet are a licenced credit broker by the Financial Conduct Authority under registration number 714978 and who is the provider of initial vehicle quotation services and guidance to the Customer, credit administration and order fulfillment services.

“Customer” means the person, firm or organisation by or on behalf of whom credit terms, vehicles and associated services are quoted to and supplied via 3rd party finance providers under these terms and conditions.

“Quotation” means an initial verbal discussion or written financial document that confirms the lease or purchase price available to a Customer for the most suitable vehicle based on their requirements at that given time. The quotation will include an expiry date and will always be subject to credit approval, does not constitute and offer to supply and additional terms and conditions will be applicable and available upon request upon order from the 3rd party finance provider.

“Vehicle” means any vehicle or vehicles which are from time to time detailed on the quotation or order, or discussed verbally and supplied by KeyFleet to the Customer via a written signed quotation and order form.

“3rd Party Finance Provider” means a finance or leasing company who underwrites, administrates and provides the credit for any lease or purchase agreement the Customer pays periodic payments to each month.

“Credit Searches” means the process undertaken by KeyFleet and 3rd party finance providers to assess a Customers credit worthiness and ability to repay any agreement. This includes a credit search on Customers personal and company credit files, a record of such search being carried out will remain on the Customers credit file.

“FCA” means the Financial Credit Authority and all customer guidance, advice, quotations and orders will be practiced in line with our treating customer’s fairly policy and the requirements of the FCA for regulated and non regulated business and a common and consistent practice.

“Application Processing Fee” means the financial charge KeyFleet makes to a Customer in advance for processing their credit application post their instruction to do so with a 3rd party finance providers, this in an attempt to secure the credit approval to fulfil any lease or purchase agreement for the vehicle as stated in the quotation.

Commission: means the financial payment that 3rd party finance providers may pay KeyFleet for a successful introduction and completed transaction should you choose to enter into an agreement with them.

Cooling off Period: means If you are an Individual, a Sole Trader or Partnership with less than 4 Partners you will need to complete a cooling off period post signature of your agreements and prior to taking delivery of your vehicle, this period will be advised to you.
_____________________________________________________________________________________________________________________________

General

1. These terms and conditions form part of your contract with KeyFleet. They are in addition to, and not superseded by, any agreement you enter into with the 3rd Party Finance Provider concerned. You will be asked to sign a separate agreement with the 3rd Party Finance Provider prior to when you take delivery of your vehicle.

2. These Terms and Conditions shall govern KeyFleet’s dealings with you, and all contracts formed between KeyFleet and you, to the exclusion of any other Terms and Conditions. No variations to these Terms and Conditions will be binding unless agreed in writing between KeyFleet & You.

3. KeyFleet’s employees and agents are not authorised to make any representations concerning our services unless they are confirmed as such by us in writing. By entering into a contract with us, you acknowledge that you do not rely on any such representations which are not so confirmed.

4. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part, including quoted vehicle delivery times changing as a result of manufacturers or dealership circumstances changing that you accept are out of our control.

5.
Your order of a motor vehicle from our website or other communications with you is an offer by KeyFleet. All orders are subject to a formal written acceptance by us, the availability of the motor vehicle in question, price changes, and the payment by you of a holding deposit (if applicable) in accordance with our written acceptance of your order.

6. If the motor vehicle you have ordered is not available, we will contact you by email or telephone to suggest possible alternatives. If the motor vehicle is available and we accept your order, then we will contact you to confirm the acceptance of your order and provide an estimate delivery date or factory production date of which you accept these can change.

7.
Subject as expressly provided in these conditions, and except where you are a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977 or in amended or replacement legislation), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

8. Where the sale is under a consumer transaction the statutory rights of the customer are not affected by these conditions.

9. Except in respect of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of us, our employees or agents or otherwise) which arise out of or in connection with the supply of services or vehicles, and our entire liability under or in connection with the contract with you shall not exceed the price of the services supplied to you, except as expressly provided in these conditions.

10. We shall not be liable to you or be deemed to be in breach of any contract with you by reason of any delay in performing, or any failure to perform, any of our obligations, if the delay or failure was due to any cause beyond our reasonable control.

11. We are committed to the highest standards of customer service. Should you have any complaint about our service, please let us know as soon as possible, either by phone 03303 131111 or by email to customer-relations@keyfleet.co.uk and we will endeavour to resolve them with you in a fair and effective manner. We will acknowledge your complaint within 48 hours of receipt and will take all reasonable steps to resolving it promptly to your and our satisfaction. We will provide you with a timescale for resolving the dispute and keep you regularly updated with its progress. For further information please refer to our full complaints procedure on our website www.keyfleet.co.uk.

12.
If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected

13. The contract with you shall be governed by the laws of England, and you agree to submit to the non-exclusive jurisdiction of the English courts.

Quotation & Order Pricing

14. Quotations in writing are valid for 14 days from the date of issue unless otherwise specified, however are subject to change inline with any manufacturer’s and or dealer price changes, fluctuations in interest rates or changes in Government legislation. By requesting the quotation, you accept these matters are outside our control.

15. Where a leasing agreement has a mileage allowances, the term of hire or annual mileage limit on some products may be able to be changed with the leasing company up until the last 6 months of the agreement. Not all products allow this. There may be a charge for any amendments to the contract which would be charged directly by the 3rd Party Finance Provider.

16. Not all agreements allow you to change the mileage (mid term) so please ensure you plan your mileage accurately before you enter into an agreement.

17. The prices quoted to you will include VAT for personal leasing, and exclude VAT for business leasing, the quotation will include the delivery cost (unless specified) by the dealer to your chosen UK mainland destination, and includes number plates, Road Fund Licence (if applicable) and Vehicle Registration Charge.

18. KeyFleet reserve the right to change the price either before or after we accept any order from you, where circumstances outside of control require it (for example changes in prices notified to us by dealers/manufacturers and finance companies). We will promptly notify you in writing of such a change and you will have the right to cancel your order (upon receipt by us of your written confirmation within any reasonable deadline stated by us) if the change is not acceptable.

19. Prices set out on our web site or in any other direct communications with you and in general marketing material issued by us are for information purposes only and do not constitute an offer by us capable of being accepted by you.

20. All quotations will be provided in line with our TCF (Treating Customers Fairly) policy and in line with FCA guidelines.

Finance

21. Credit applications will result in a credit searches being carried out on you or the company directors / partners by KeyFleet and / or the 3rd Party Finance Provider.

22. If you for any reason fail to be cleared for finance with the 3rd Party Finance Provider, we will discuss with you prior to applying for funding with a different company. The additional application will mean an additional footprint on your credit file.

23. Upon receipt by us of completed finance documentation (including signed finance agreement accepted by the 3rd Party Finance Provider) and any balance of monies due to be paid to or through us, and subject to any cooling off period, we will arrange delivery of the vehicle to your chosen UK mainland destination.

24. Finance is subject to status and to persons over 18 years of age only. Underwriting guarantees/indemnities may be required. For purchase plans, the Optional Final Payment plus any other applicable fees may apply in order to own the vehicle at the end of the agreement.

25. KeyFleet can introduce you to a number of finance providers. We may receive a commission if you enter into an agreement with them.

26. If you are an Individual, a Sole Trader or Partnership with less than 4 Partners you will need to complete a cooling off period prior to taking delivery of your vehicle, this period will be advised to you. You will be requested to send in two proofs of identification (gas/electric/council tax/water bill) dated within the last 90 days and photo card of your Driving Licence for a particular partner/s as specified.

Vehicle(s)

27. If the motor vehicle you have ordered is not available, we will contact you by email or telephone to suggest possible alternatives. If the motor vehicle is available and we accept your order, then we will contact you to confirm the acceptance of your order

28. Where a leasing agreement has a mileage allowances, Mileage is shown as annual mileage, i.e. from the 12-month period from the date the agreement started. If you exceed the total annual mileage at the end of the lease period, the leasing company will charge a fee for each extra mile over this total.

29. Excess mileage charges will apply if you exceed your total contract mileage

30. If you have not opted to have the servicing/maintenance provided by the leasing company, then you are responsible for servicing the vehicle in accordance with the manufacturer’s schedule. The vehicle must be returned to the leasing company in a roadworthy state. Tyres must be at or above the legal limit. If you need clarification of this, please ask for a copy of the BVRLA (British Vehicle Rental Leasing Association) guide which can be provided upon request. The vehicle must have a valid MOT certificate if required. If you don’t return the vehicle in a roadworthy state in accordance with the BVRLA guide, you may be charged for remedial/cleaning/upkeep work by the leasing company.

31. If you have opted to have your maintenance provided by the leasing company (or a third party that we may have introduced, you to) you are responsible for arranging the service in accordance with their instructions. Maintenance may be provided by a third party. If this is the case an additional Master Hire Agreement will need to be signed and an additional Direct Debit Mandate will need to be signed

32.
You are responsible for registering your vehicle if a low emitting vehicle with the DVLA for any waiver of fees, for example, the London Congestion Charge and with the Dart charge for using the Dartford Crossing. If you fail to register and receive a fine the leasing company will charge the cost of the fine and an administration fee.

33. The specification of any motor vehicle displayed on our website or any other marketing material issued by us is supplied by the vehicle manufacturer/dealer or the 3rd Party Finance Provider and formatted for our use. Whilst every effort is made to verify and ensure the accuracy of the data, the information should only be used as a guide and no purchasing decision should be made by you without verification of the latest data from either the manufacturer or a franchised dealer of their vehicles.

34. All images on our website or other marketing material issued by us are for illustration purposes only.

35. Vehicles & finance are only supplied to addresses on the U.K. mainland.

36. Manufacturer lead-times do fluctuate and delays are beyond our control. We will keep you updated on a regular basis on the status of your order.

37.
Please note local registration of motor vehicles is not possible

38.
It is your responsibility to contact us to arrange collection of your vehicle prior to the end of the agreement. The leasing company will not automatically collect the vehicle. You will be charged if you retain the vehicle past the end of the agreement. To arrange collection please email admin@keyfleet.co.uk

Cancellation

39. In the event of a cancellation of your vehicle order you will be liable for a cancellation fee equivalent to 3% of the P11D value of the vehicle ordered including any options. The P11D value (taxable value) of your vehicle comprises the list price inclusive of any options, including VAT, plus any delivery charges, but does not include the car's first registration fee or its annual road tax. You can check your vehicles P11D value at www.parkers.co.uk, the manufacturers website or via your KeyFleet order form. For further clarification please speak to your KeyFleet account manager. Example: Vehicle P11D value £20,000 * 3% cancellation fee = £600 + vat (£720).

40.
No order which has been accepted by us may be cancelled by you except with our written agreement and on terms that you shall indemnify us in full against all costs (including the cost of all labour and materials used), damages, charges and expenses incurred by us as a result of cancellation.

41.
If this clause applies, without prejudice to any other right or remedy available to us, we shall be entitled to cancel the contract or suspend any further deliveries or provision of services under the contract without any liability to you, and if vehicles have been delivered or services provided but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

42. Upon cancellation of your order, any application processing fee that has been paid to KeyFleet, does not qualify for any refund where credit has been secured in line with the ordered quotation. If credit is approved on different terms from the original quotation, then you are entitled to a refund of the application processing fee within 7 days of written request to us advising that you wish to cancel the order and a refund is required of your application processing fee. It should be noted that any other cancellation charges as noted in clauses 39 to 41 will remain in force is applicable and are specifically excluded from your right to a refund of the application processing fee.

43. If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected.

E & OE

Diesel Particulate Filters

NOTE: If you are a low mileage/short journey user please consider if your journeys and driving requirement is suitable for a DPF. You will be required to re-generate your DPF through a driving technique. Please read below:

Diesel particulate filters are necessary to reduce the amount of harmful particles released from diesel vehicles.

Although particulate filters are very effective in dramatically reducing the amount of particulates emitted from diesel vehicles, most filters need to burn the trapped particulates off fairly regularly, known as regeneration. This usually requires the vehicle to be driven at over 50mph for a short period of time. This fact sheet will help you decide whether vehicles using particulate filters are suitable for your drivers.

WHAT IS A DIESEL PARTICULATE FILTER?

Diesel particulate filters are used to reduce the exhaust emissions as required by European legislation, especially particulate matter. A particulate filter traps most of the soot that is produced during diesel combustion and would normally travel down the exhaust and into the atmosphere. These particulates can cause respiratory problems if people are exposed to high concentrations over time.

PARTICULATE FILTERS NEED TO “REGENERATE”

A filter can hold a certain amount of soot, but not a huge quantity, so it needs to regularly go through a process of regeneration in order to clear out the soot and allow the vehicle to operate properly. Regeneration occurs when the filter reaches a sufficiently high temperature, allowing the soot to be converted to a much smaller amount of ash. On most systems, to allow the filter to automatically regenerate, the engine should be used regularly at a sufficient speed, to ensure a high enough temperature of the exhaust gas is reached.

Although it may vary from manufacturer to manufacturer, typically a vehicle must be driven at 50mph or above for at least 20 minutes in order to automatically regenerate the filter. During the regeneration phase, high temperatures in the filter may cause a slight smell, especially during the first regeneration.

WHAT HAPPENS IF IT DOESN’T REGENERATE?

If the vehicle is not driven in a way that automatically regenerates the particulate filter, it will build up an excessive amount of soot, which, if not resolved, will reduce the performance of the vehicle and damage the filter. If the filter does build up too much soot, a vehicle warning light will appear to alert the driver. The problem can usually be resolved by allowing the filter to automatically regenerate until the warning light goes out – i.e. by driving the vehicle at 50mph or above for at least 20 minutes. The vehicle handbook will have specific guidance for the vehicle. If traffic conditions and speed limits do not allow the vehicle to be driven so that the filter regenerates, it will have to be returned to a dealer for a forced regeneration to clear the filter. If the warning light is ignored and the vehicle is driven without regenerating the filter, it will cause damage to the vehicle, which will not be covered by warranty or our maintenance agreement. We are aware of businesses in the UK who have incurred costs in the region of £1,000 to £1,500 after a driver has failed to follow the correct regeneration process.

SELF HEATING PARTICULATE FILTERS

The majority of vehicle manufacturers now have diesel particulate filters that require the regeneration cycle to be driven, but not all. Some have systems that can heat up the particulate filter and regenerate it without the need for a higher speed drive cycle. Some inject fuel straight into the filter which burns and therefore increases the temperature in the filter, and others have heaters built into the filter. For specific details of individual models, please refer to manufacturers’ websites.

ALTERNATIVES FOR URBAN DRIVERS

If drivers are restricted in their ability to regenerate a diesel particulate filter through driving at higher speeds, there are other vehicles that can be chosen which do not use this technology. Diesel models with the built-in heating systems are an option, or alternatively, a petrol, petrol hybrid, electric or alternatively fueled vehicle may be more suitable, especially in urban only driving conditions.

WHICH DRIVERS SHOULD ORDER THESE VEHICLES?

Diesel particulate filters significantly reduce harmful emissions and are vital for diesel vehicles meeting European tailpipe emissions, but care is needed when using this technology in predominantly urban driving conditions. Therefore check the type of particulate filter on any diesel car with an urban drive-cycle and make sure it’s suitable, otherwise consider a different fuel type or vehicle technology.

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