General Conditions, Operational Leasing
The agreement is written in the Swedish language, and the Swedish text of this agreement shall prevail over any translation hereof.
1. Definitions and parties of the contract
The lessor referres to Fleet Manager Leasing AB (reg no. 556957-6373) and the lessee referres to the company that is Fleet Manager Leasing's contracting party in leases for which these General Terms apply.
The lessee is aware that the lessor leases the object from other funding partner. This funding partner, who are the legal owner of the object, can reclaim the object if the lessor does not fulfill its contractual obligations to the funding partner, if the lessor is declared bankrupt, or if the funding partner has other legal reasons to cancel the leasing contract.
The headlines of this leasing contract are only indicative and shall not be seen as a part of the leasing contract or be part of the interpretation of the leasing contract.
3. Delivery and late delivery, incorrect deliverys, liability
The lessor is not responsible to the lessee for any inadequacies or delayed delivery of the object. The lessor is not resposible for the performance or suitability of the object. The lessee does not have the right to retain och reduce payment of the leasing fee because of inadequacies of the object. Damage or loss of the object does not exempt the lessee from its obligations according to this contract. Nor does any other obstacle, whatever it may be, exempt the lessee from the obligations of the leasing contract. By signing this leasing contract the lessee authorizes their employees to accept delivery of the object. The lessee shall at the time of delivery inspect the object as if he was the buyer and if necessary make a complain to the vendor (leverantören).
If the lessor, for reasons caused by the lessees delay in accepting the delivery, is imposed to pay interest or other costs, this cost shall be paid by the lessee. Failure in signing delivery approval may also entail the cancellation of this contract.
4. To annul after the lessors written approval
If the lessee with the written approval of the lessor annuls this contract in the time between the lessees signs the contract and before the delivery of the object, the lessee shall pay for all expenses caused by annuling the contract. In addition to this the lessee is obligated to pay a penalty of 0,5 of price base (prisbasbelopp).
5. Leasing fee, leasing time, changes of the leasing fee etc.
The leasing fee includes the object and its additional equipment. The fee does not comprise taxes, registration fees, Changing of wheels, parking fees, parking fines and other additional costs incurred by using the object, unless this is specified in the leasing contract. The lessee shall pay all taxes and costs associated to holding and using the object. The leasing fee shall be paid in advance at the beginning of every payment period agreed in the contract. If the delivery takes place before the contract period starts and the lessor therefore pays the vendor, the lessee shall pay 1/30 off the leasing fee for every day of using the car before the period start. This fee is to be payed together with the first regular leasing fee. The leasing period starts on the first day of the month after the actual delivery of the object. If the lessor so demands the leasing fee shall be payed via direct debit. The lessor can change the leesing fee if the agreed purchase price of the object changes, if exchange rate changes, additional transportation costs or any other relevant costs that affects the lessor’s cost. The fee can also be changed if the lessor’s cost is changed due to legal or political circumstances that the lessor had no posibility to predict.
The leasing fee is connected to the reference interest rate and based on the level of the reference interest rate on the invoicing day. If no other specific agreements are made, the reference interest rate is the lessor’s cost of funds. The leasing fee stated in the contract is preliminary. The actual leasing fee is determined by the reference interest rate level at the time of invoicing and before the end of the period prior to the current payment period. If the lessors cost of funds is changed the lessor has the right to adjust the leasing fee. If the reference interest rate no longer is a relevant reference interest rate, the lessor has the right to refer to another reference interest rate.
At the time for delivery the lessee shall, after agreement with the lessor, pay a deposit according to the leasing contract. The lessor is entitled to the deposit as an extra security until the contract is terminated and the final payment is made. Interest on the amount deposited will not be payed unless other agreements are made in the leasing contract.
7. Payments, delayed payments, fees etc.
All payments made by the lessee to the lessor shall be calculated and paid without considering counterclaims. The lessor is entitled to consider couterclaims from the lessee at all times. In addition to the leasing fee special fees such as rearrangement fees, reminder fees and collection fees according to the lessor’s price list will be charged. The lessor may modify the price list at all times. If payments of the leasing fee or any other fee according to this contract isnot paid on time, the lessee is to pay interest on the amount. The interest is 2 percent per month commenced.
8. Ownership, inspection right, disposal, transfer etc.
The leased object is the legal owner’s property and the lessee does not acquire any property rights thereto because of this leasing contract. If the owner requires it and provides the lessee with a sign indicating that the object belongs to the owner, the lessee should use it. The lessor, the owner or their representatives are entitled to inspect the leased object during the contract period. The leased object may not be combined with the lessees movable or immovable property in a way that endangers the owner’s possession of the object. Nor has the lessee the right to make changes or make extensions to the leased object without the lessor’s written consent. Parts mounted on the object and do not jeopardize the ownership of the object will immediately be covered by the owner's rights. The leased object may only be used by the lessee or on his behalf and only by persons with a valid driver’s licence and otherwise suitable as a driver. The lessee carries full responsibility for the user’s behavior. For trips outside the Nordic countries and the European Union the lessor’s consent is required. The object may not be used in competitions or off-road driving. The lessee is responsible for the current provisions concerning the object and it’s equipment are being followed. Furthermore the lessee commits himself to not use the object in any way that contradicts warranty regulations or insurance regulations. It is prohibited by law for the lessee to sell, pledge, or in any similar manner dispose the leased object. The lessee may not without written consent from the lessee asign the leasing contract to anybody else. Nor may the lessee without written consent rent the object to anyone else. Transportation of persons or goods for payment is not allowed wihout the lessor’s written consent. Nor may the lessee use the object in ways violating laws or goverment decisions. The lessor and the legal owner are entitlede to assign or pledge its rights and obligations according to this contract, including the ownership of the object.
9. Seizure, company restruction, bankruptcy etc.
Should legal action such as seizure or sequestration regarding the leased object take place, or bankruptcy or similar actions are initiated, the lessee is obligated to show his copy of this leasing contract to whom it may concern. Furthermore shall the lessee inform necessary parties about the ownership of the leased object.
The leasing contract also includes insurance if not explicit written in this contract. The extent of the insurance is specified in the attachement to the contract. For full terms and conditions refer to the insurer’s website. If the Car Damage Warranty (VSG) expires during the contract period or if it is not included in the price of the car, the cost for Car Damage Insurance (VSG) will be added to the leasing fee. If the lessor’s cost for insurance alters, the lessor holds the right to change the price to the lessee. The lessor has the right to change insurance compant. If an injury occurs the lessee is obligated to immediately reporting it to the lessor. It is possible for the lessee to get additional insurances he deems necessary. The lessee is responsible for deductibles. If the insurance is not valid due to violation against the insurance conditions, the lessee is fully responsible therefor. The lessee is responsible for damage including deductibles not covered by insurance. Regardless of fault, the lessee is held responsible of material damage, property damage, or personal injury and all costs this may cause the lessor. The lessee is obligated to pay all leasing fees maturing until insurance compensation is payed. The lessee is, regardless of fault, responsible for loss of damage of the leased object. If the object is damaged or lost the lessee is to immediately inform the lessor about it. The lessor then has the right to request special security from the lessee for the remaining receivable amount according to this leasing contract. If there is an insurance to the leased object benefitting the lessee, the lessee hereby leaves all rights to any damage compensation to the lessor. The lessor is additionally entitled to obtain the deductible amount from the lessee. When damage, subject to insurance, occurs the lessee shall inform the lessor immediately and submit damage notification to the insurer. The lessee or the driver shall not take responsibility for the injury or damage before contacting the lessor. If the insurer repairs the damaged object this contract continues with unchanged conditions. During the time that the object is being repaired, the leasing fee shall be payed as agreed in the contract. If the object is lost or damaged in a way that it is not possible to repair, the leasing fee shall be payed until the lessor receives compensation from the insurer. If such compensation does not fully cover the residual value of the object, the lessee shall pay the difference between the residual value and the compensation to the lessor. When the lessee received full payment according to this, the contract ceases to be valid. The lessee is responsible to the lessor for damages that may affect the lessor as a registered user of the leasing object and not covered by insurance.
11. Maintenance, governmental regulations and vehicle inspection
It is the lessees responsibility to take good care and maintain the leasing object in accordance with the instructions and directions given in the vehicle instructions and warranties so that the object is in good condition and meets the legal requirements and the requirements that the road traffic law prescribes. The lessee shall compensate the lessor for impairment due to abnormal wear and tear. (See "Sixt Damage Catalogue") It also applies to loss or damage where insurance compensation is adjusted because of abnormal wear. Damage, loss or malfunctions on the leased object does not release the lessee from his obligations according to the contract. The lessee may not, without the written consent of the lessor paint, apply equipment or otherwise modify the leased object in such a way that the change can not be restored without damage to the leased objectwithout cost for the lessor. The lessor or his representative may at any time during the contract period inspect the leased object. The lessee shall on his own initiative perform car inspections according to applicable law. Cost for this is paid by the lessee unless otherwise is specifically stated in this contract.
The lessee is during the contract period forbidden to use the leased object without first ascertaining that it meets all authority requirements. The lessor is not liable for obstacles in the utilization of the leased object, existing or occuring through constitutional or governmental decisions. Such barriers should not constitute grounds for compensation claims from the lessee towards the lessor and may not be invoked as grounds for exemption, in whole or in part, from the obligations of the lessee.
12. Termination of contract
If the lessee and the lessor so agree, the leasing contract can be terminated prematurely. If the contract is terminated prematurely the lessee will pay compensation in accordance with the principles set out in paragraph 15 below or a lower amount as the lessor unilaterally sets.
13. Extension of the leasing contract etc.
Regular leasingperiod is specified in the leasing contract. The lessor has unilateral right to extend the contract for one (1) year (the "first extension period").
14. Several leasing contracts
The parties agree that the lessor, from time to time, shall have the right to decide whether contracts between the lessee and the lessor should be seen as individual contracts or together as one leasing contract.
15. Annulement of the contract
The lessor has the right to immediately annul the leasing contract and on the lessee’s expense reposses the leasing object including additional equipment if any of the following conditions exist:
a) The lessee or any other company within the lessee’s group does not fulfill the payment obligations in the leasing contract or other contract with the lessor and the payment is not made within three (3) business days after the due date.
b) The lessee or any other company in the group neglects the leased object or refuses to let the lessor inspect the object.
c) Lessee or any other company within the lessee’s group cancels payments, enters into liquidation, begins company restruction, is declared bankrupt, commences composition negotiations without bankruptcy or for other reasons can be reasonably assumed to be insolvent.
d) The lessee fails to provide written approval of delivery immediately after delivery.
e) If there, according to the lessor is reasonable cause to assume that the lessee or another company within the lessee’s group will not fulfill its payment obligations or other obligations regarding any contracts with the lessor.
f) The lessor no longer believes that the securities from the lessee or any other company within the lessee’s group is reassuring for the contract.
g) The lessee in any way contravene any part of this leasing contract.
h) The lessee’s ownership structure or business focus is undergoing major changes or significant part of the business is transferred to another party.
The lessor shall maintain the right to annul the contract and reposses the leased object as long as the conditions, the annulment is based on, remains. if the contract is annulled, the lessee has to promptly pay all unpaid leasing fees and other fees and interests until full payment is made. All costs arising from the annulment of the contract and the repossession of the leased object is to be payed by the lessee together with financial compensation for annulling the contract. The compensation shall consist of (i) leasing fee for the remaining leasing period including the first extension period (as defined in paragraph 13 above) and (ii) in the lease agreement specified residual value, or if such is not available, market value at the end of the contract period. Immediately after selling or releasing the leased object the lessor shall present a final settlement to the lessee. The settlement shall follow the principals here listed: From the lessor’s claim on the lessee (calculated as above), the salesprice (VATexcluded) of the object is deducted. The sales price is adjusted with costs for selling, repairing, transporting etc. If a surplus arises, this belongs to the lessor. If a deficit arises the lessee must compensate the lessor no later than ten (10) days after settlement is produced. If the lessor annuls the contract the lessee’s right to use the leased object ceases immediately not depending on the lessee questioning the annulment. Even when the lessee does not have access right to the object he is still liable for leesing fees, insurance etc. If the lessee makes the required payments the lessee can be permitted to re-enter into the contract. The lessor does not need to notify or obtain consent from guarantors or anyone else providing security for the contract if and when the lessor gives the lessee the right to re-enter the contract.
16. Termination and return
At the expiry of the contract the lessee should return the leased object at a location designated by the lessor. When returning the leased object, a visual inspection inside and out shall be performed. The lessee or whoever the lessee sends to return the object signs a receipt and a return form. Then the object is inspected by companies appointed by the lessor. A test protocol will be established and charges for damage and abnormal wear and tear including over mileage based on the Sixt Damage Catalogue will be made to the lessee. If a dispute arises about any point in the testing protocol an independent test, limited to the disputed point, shall be done. Cost of this additional test is to be paid by the lessee. When all the costs related to the agreement is received, a final settlement is to be sent to the lessee. This shall be regulated within ten (10) days.
If a messages regarding the leasing contract has been sent via letter to the lessee’s specified address the message shall be regarded as received at the latest on the third day after posting. If the message was sent by fax or e-mail, it shall be regarded as delievered within 24 hours of sending. The lessee is obliged to immediately notify any change of address to the lessor. Any additional costs occurring, due to the lessee neglecting to notify changes of address, shall be payed by the lessee. All messages from lessee to the lessor is to be sent in writing to the address, by fax or e-mail specified in the contract.
18. Written changes
This contract contains everything what has been agreed between the parties. Adjustment of the contract may be made verbally between the parties. Such an adjustment is not valid unless a written confirmation from the lessor is made. As written confirmation is counted, for example, the invoice corresponding to the adjustment that the parties agreed on. When changes or additions to the contract requested by the lessee are made, the lessor is entitled to a fee according to Sixt Leasing’s price list. If the adjustment causes a new leasing fee, the lessor has the unilateral right to adjust it for the remaining contract period.
19. Swedish law
Disputes regarding this contract shall be settled by Swedish law at Malmö Tingsrätt. The lessor has unilateral right to apply the law of arbitration.
20. Ongoing credit evaluations and information from the lessee
The lessee is, on request from the lessor obliged to submit copies of the accounting and budget. If not, the lessee is obliged to compensate the lessor for the costs that may arise due to the data collecting by other means. The lessee shall on its own initiative inform the lessor about significant changes in activities such as economic status, development, organization, ownership, etc. The lessor is entitled to continuously collect data of the lessee’s credit rating.
21. Force majeure and limitation of liability
The lessor is not liable to the lessee for damage caused by legislation, government action, war, strikes, , boycotts, lockouts, fire, accidents, transport problems, natural disasters or other similar circumstances. Reservation concerning strikes, blockades, boycotts and lockouts also applies if the lessor itself is the object for such actions. If the lessor is prevented, due to circumstances stated in the first part of this paragraph, to fulfill the commitment to the lessee, the lessor will be entitled to defer the fulfillment of the commitment until the obstacle has been removed. The lessee is fully aware that this contract requires a guarantee of repurchase of the object for a predetermined value. Should the supplier of the quarantee be unable to meet its guarantee against the lessor and/or the owner, is neither the lessor nor the owner bound to this commitment towards the lessee. The lessor is not liable to compensating damage, if the lessor has exercised normal prudence. The lessor is in no case liable for compensation for loss of profits, price differential or other indirect damage or loss.
22. Privacy Law (Swedish Personuppgiftslagen, PUL)
The lessee agrees to the lessor recording and storing data the lessee has provided or will provide in the future. He also agrees to collecting information from sources the lessor finds necessary. The purpose is to compile and processed the data for the lessor’s administration and analysis of the credit relationship, and also for credit management, credit assessment and credit operations. The lessee also agrees that the data may be processed abroad and disclosed to other entities within the lessor’s group of companies or partners, within the framework of the purpose. Data may be in the context of the purpose extradited to lessor’s partners in Sweden and abroad, and run in conjunction with the corresponding data of the recipient. The lessee further agrees to the lessor, other units of the lessor group, and the lessor’s partners, both in Sweden and abroad, uses, compiles and processes data in order to offer and promote their products and services to the lessee. The lessee also agree to data and credit relationship is processed and analyzed in order to determine the appropriate target groups for special marketing campaigns. The data may be stored by the lessor even after the contract period expires. It is the responsibility of the lessee to communicate information concerning the processing of personal data under this agreement to the employees of the lessee whose personal data is provided to the lessor.
23. Money Laundering act
If requested, the lessee commits himself to leave all information concerning its financial position, ownership structure, who owns more than 25 percent of the company and if anyone has a controlling interest in the company (“Verklig huvudman"), his board members' identity and any other information that the lessor needs to meet having "customer knowledge" and similar identification procedures and to otherwise meet the demands according to the Swedish law (2009: 62) on measures against money laundering and terrorist financing. As a consequence thereof the lessor has the right to carry out investigations about.