General terms and conditions
General operating (short) lease provisions of VWP Shortlease BV.

Article 1: Applicability and change
1.1 These General Terms and Conditions form part of the Operational Lease Agreement concluded between VWP and the Contractor and apply to all offers and agreements made by VWP with regard to Operational Leasing. Deviating provisions only apply if they have been agreed in writing between the parties and have been expressly confirmed in writing by VWP.
1.2 All offers and quotes from VWP are without obligation, even if they include a period for their acceptance.
1.3 All quotes in offers or offers are subject to change, unless otherwise expressly agreed in writing.
1.4 If any provision of these General Provisions should be null and void, the General Provisions will otherwise remain in place as far as possible and the relevant provision will be replaced by a provision that is as close as possible to the original purpose of that provision.
1.5 The applicability of the Contractor's purchasing or other terms and conditions is expressly rejected.
Article 2: Conclusion of the agreement and subsequent changes
2.1 The agreement between VWP and the Contractor is only concluded after VWP has confirmed the acceptance of the offer or quote in writing to the Contractor by means of an order confirmation or if VWP has executed the agreement between the parties. As long as VWP has not confirmed acceptance in writing to the Contractor, VWP can cancel or change the offer or quote.
2.2 If a withdrawal or change as referred to in paragraph 1 of this article leads to a new offer or quote from VWP, the provisions of article 2.3 of this article apply mutatis mutandis.
2.3 If the Contractor's acceptance contains reservations or changes to the offers or offer or refers to other (general) terms and conditions, the agreement will only be concluded, in deviation from the previous paragraphs, if VWP has also confirmed in writing to the Contractor that it can fully, completely and unreservedly agree to it.
2.4 Changes to agreements concluded and deviations from these General Provisions after this conclusion are only effective if they have been agreed in writing between VWP and the Contractor.
2.5 In the event that the agreement as referred to in this article is concluded with multiple Contractors, they are in all cases all jointly and severally liable to VWP if the obligations towards VWP are not or only partially fulfilled by one of the Contractors.
Article 3: Providing the vehicle
3.1 After an agreement between the Contractor and VWP has been concluded in the manner stated in the offer, VWP will make the relevant vehicle available to the Contractor on a lease basis or to the actual driver, after signing the issue form by the Contractor and/or actual driver. By signing the issue form or transport form by the Contractor and/or actual rider, the Contractor is bound to the condition of the vehicle at the time of delivery of the vehicle.
If the issue form or transport form is not signed by the Contractor or the actual driver, the Contractor is bound by the condition in which the vehicle is at the time of commissioning when using the vehicle. The Contractor will use the vehicle provided to him for the agreed period and at the agreed lease price and all other conditions. VWP can also make vehicles other than those specified in the offer or order confirmation available to the Contractor if, for whatever reason, the agreed vehicles are not present or cannot be used. The foregoing does not concern a defect that gives the Contractor the right to terminate or terminate the agreement.
3.2 If the Contractor fails to use the vehicle, or would like to terminate the agreement before the vehicle in question is delivered, or returns the vehicle in the meantime, the Contractor will reimburse VWP for any financial disadvantages resulting from this to VWP, including costs of storage and the positive contractual interest.
3.3 The Contractor ensures that the driver of the vehicle has a valid driver's license.
Article 4: The duration of the agreement
4.1 The term of the agreement starts with the provision of a vehicle by VWP. The time of availability is considered to be the time specified by VWP at which the vehicle is ready to go through
to be received by the Contractor. When cancelling the agreement, the contractor must take into account a notice period of 7 days.
4.2 If the original period of use of an agreement becomes with VWP's consent
extended, including tacitly (with VWP's consent) continuing to drive the vehicle by the Contractor, the agreed terms and conditions remain applicable.
4.3 If the Contractor submits a request to lease a vehicle to VWP to replace a vehicle previously leased by him from VWP, the user right to use the latter vehicle ends when the new vehicle is made available. In that case, the terms and conditions applicable to the original vehicle will remain applicable until the term of the new agreement commences.
Article 5. Adjustment of the lease price
5.1 The lease price mentioned in the offer and order confirmation can be adjusted unilaterally by VWP if, between the date of rate calculation and the date of delivery of the vehicle, changes occur in the components of the lease price, such as:
a. purchase price of the car and accessories
b. interest
c. insurance premium
d. government levies
5.2 During the term of the agreement, VWP can adjust the agreed lease price in the event of a change in:
a. the costs of insurance and/or coverage against hull damage;
b. government measures, including any government-imposed kilometer charges, etc., which immediately result in a change in costs;
c. the Passenger Cars and Motorcycles Tax (BPM), or other external circumstances that affect the economic risk or the value of the vehicles;
d. the specification of the vehicle at the request of the Contractor, or as a result of legal provisions.
e. The costs of repair, maintenance and tires for the remaining term; If the Central Bureau of Statistics price index for household consumption, part of car repairs and car parts, has changed by at least 5% since the date of delivery or the last date of change.
f. The costs of additional services.
5.3 The adjusted lease price applies from the moment that the circumstances have changed and the changed lease price has been confirmed in writing by VWP to the Contractor.
5.4 In addition to the above changes in the lease price, if the actual use of the vehicle differs by more than 10% from the contracted kilometers, VWP can pay for the more kilometers driven and/or adjust the lease price and/or the contract period to actual use, all at VWP Shortlease's discretion.
Article 6: Payment of the lease price
6.1 The Contractor must always pay the following amounts due, including sales tax, in a timely manner:
a. the “first fee” immediately after signing the agreement, unless VWP agrees other payment terms with the Contractor. The first fee means a deposit, which includes a deposit, the first (partial) term, delivery costs as well as occupant insurance and possibly a deposit with regard to the fuel pass (es) issued by VWP.
b. the “monthly amount”, due in advance, will be collected between the 22nd and 25th prior to the month to which the “monthly amount” relates. If the monthly amount relates to part of a month, the monthly amount is due proportionately;
c. other amounts due immediately after invoicing;
d. VWP uses monthly installments of 30 days, including the exact number of days on the final invoice.
6.2 The Contractor authorizes VWP to collect all claims from its bank account in accordance with corporate debt collection guidelines.
6.3 Payment by the Contractor is only completed when the full amount due has been credited to the bank account designated by VWP or - in case of cash payment has been agreed - when the full amount (including costs charged by VWP) has been paid to VWP. Without notice of default being required, the Contractor is in default from the first day after the agreed or applicable payment term has expired.
6.4 In the event of late payment of any payment, the Contractor will be in default from the first day without notice of default being required and VWP will be entitled to charge the Contractor interest for the period of arrears of one and a half times the statutory interest under article 6:119 a of the Dutch Civil Code with a minimum of €100.00.
6.5 If the Contractor is in default with payment, in addition to the statutory interest referred to in 6.4 under 6.4 under article 6:119 a of the Dutch Civil Code, the Contractor also owes the extrajudicial costs of the collection incurred by VWP, which explicitly includes summations, further reminders or collection measures taken by or on behalf of VWP itself. The extrajudicial costs amount to at least 15% of the outstanding invoice amount with a minimum of €300.00. If VWP incur judicial collection costs, the actual collection costs incurred by VWP will be fully borne by the Contractor.
6.6 The Contractor is not entitled to suspend any payment by invoking compensation and/or settlement in any way. All payments will be made without discount, settlement or suspension. The fact that the vehicle cannot or could not be used for whatever reason does not affect the Contractor's payment obligations, unless VWP has notified the Contractor in writing that the Contractor may suspend the payment obligation.
6.7 VWP always has the right to require (further) security for payment from the Contractor or to demand payment in advance, both before and after the conclusion of the agreement. In that context, the Contractor must cooperate in establishing a pledge on any asset.
6.8 If the Contractor does not meet its payment or purchase obligations in time or in full and is in default as a result, VWP is authorized to terminate or terminate the agreement concluded without judicial intervention. In that case, in addition to the costs or damage mentioned in articles 6.4 and 6.5, the Contractor is liable for the damage suffered by VWP, including loss of profit and transport costs.
6.9 In addition to article 6.8, VWP is authorized, after written notice of default, at the Contractor's expense, to collect the vehicle made available to the Contractor and make it available to third parties again if the Contractor does not timely or fully meet its payment or purchase obligations.
Article 7: Costs not included in the lease price
7.1 The lease price does not include the following costs.
a. washing, cleaning, external and internal cleaning of the vehicle, as well as storage, parking and tolls;
b. repairs to anything that does not belong to the version in which the vehicle was leased;
c. direct as well as indirect costs resulting from careless management or improper use of the vehicle;
d. replacement or repair to tires other than due to normal wear, carcass breakage or collision;
e. repairs and parts not as a result of normal wear and/or mechanical deficiencies or caused by negligence or careless use;
f. addition of accessories that are required by legal regulations;
g. costs that must be incurred for the creation of new keys and for replacing the registration certificate with a minimum of €110, - for the registration certificate;
h. costs related to keeping all navigation systems and subscriptions up to date;
i. the costs of refilling oil, coolant and (antifreeze) windshield washer in the meantime.
7.2 The costs referred to in article 7.1, related to the use and possession of the vehicle, are borne by the Contractor. These costs are not covered by the insurance taken out by VWP for the vehicle.
7.3 If VWP needs to transport a vehicle to the Contractor, VWP can determine the way in which it sees fit. If VWP chooses to work with a driver, the Contractor must take into account spent fuel and kilometers. The fuel consumed as well as kilometers are deemed to have been consumed by the Contractor himself.
Article 8: Replacement car
8.1 If the vehicle cannot be used as a result of a defect and the repair of the defect cannot be carried out within 24 hours, not counting Saturdays, Sundays and holidays, VWP will provide the Contractor with a replacement vehicle to be determined by VWP as soon as possible. The foregoing does not concern a defect that gives the Contractor the right to terminate or terminate the agreement. VWP will provide a vehicle for the period that the vehicle leased by the Contractor is not available to the Contractor. The terms and conditions of the agreement concluded with the Contractor fully apply to the provision of the replacement vehicle.
8.2 If and insofar as the use of a replacement vehicle is not included in the lease price, the costs of the replacement vehicle accepted for use by the Contractor will be charged separately to the Contractor. The costs related to the replacement vehicle must be paid immediately but within the due date of the invoice.
8.3 Insofar as a replacement vehicle is part of the agreement between the parties, the kilometers driven with the replacement vehicle will be included in the number of contracted kilometers. Article 5.4 applies mutatis mutandis.
8.4 If the cost development of the vehicle makes this necessary, VWP is entitled to permanently replace the vehicle with a vehicle of the same or almost the same type and design for the remainder of the agreement. This is done in consultation with the Contractor.
Article 9: Emergency service
9.1 Unless excluded in the agreement, the Contractor, or the driver of the vehicle, both at home and abroad, can call on an emergency service in the event of an emergency and/or breakdown with the vehicle.
9.2 Detailed information about this emergency service and instructions on how to act are listed in the information booklet to be provided upon delivery of the vehicle.
9.3 The costs incurred through the emergency service facility for necessary repairs, damage repairs and
replacement cars are borne by VWP, at least insofar as these costs are part of the lease price or are included in the agreement between the parties.
Article 10: Fuel Management
10.1 If the agreement states that it will be extended to include so-called fuel management, the provisions below apply.
10.2 VWP enables the Contractor to fill up fuel and purchase oil products on behalf of the vehicle on behalf of VWP by means of fuel card (es) provided by VWP to the Contractor.
10.3 At the same time as the monthly lease term of the vehicle in question, 1/12th part will be charged to the Contractor as an advance payment:
a. the annual fuel management fee for management, administration and reporting;
b. the estimated annual cost of fuel consumption, determined by VWP on the basis of average fuel consumption, taking into account the annual mileage as specified in the agreement and the fuel target price.
10.4 The average fuel consumption of the brand and type of vehicle is determined on the basis of a standard consumption specified by the factory/importer. The standard consumption for LPG has been set higher than that for gasoline.
10.5 You can only fill up with a fuel card. In the event of force majeure, for example when the fuel card fails, VWP only accepts fully completed delivery notes signed by the driver. The contractor is obliged to ensure that the correct mileage of the vehicle is stated each time you fill up. If possible, VWP undertakes to pay the correctly completed and approved receipts directly to the rightholder within eight working days of receipt.
10.6 The fuel card (s) issued to the Contractor or to the rider designated by him remain the property of VWP. After termination of the agreement with regard to fuel management, the said passes must be issued to VWP immediately, but no later than 3 working days after the termination of the agreement.
10.7 The Contractor indemnifies VWP against all damage and consequences that result from the misuse of fuel card (s). Fuel or oil refueled without the Contractor's approval using the aforementioned pass (es) are nevertheless at the expense of the Contractor. In the event of loss or theft of the card (s), the contractor is obliged to inform VWP within 24 hours of discovery. VWP will then replace the pass (s) and is entitled to recover the costs thereof from the Contractor.
10.8 Fuel filled in a temporary or permanent replacement vehicle will be deemed to have been refueled in the vehicle, as stated in the agreement, unless notified to VWP in writing.
10.9 At the request of the Contractor, VWP may periodically account for the paid and actually used fuel and/or oil products. The total actual costs are set off against the total of the calculated advances at least once a year. Settlement of costs and advances also takes place after the end of the agreement.
Article 11: Use of the Car
11.1 The Contractor will (have) used the vehicle carefully (or have it used) in accordance with the vehicle's destination in accordance with the performance and qualities of the vehicle and ensure that it is always in good condition (Contractor undertakes to act as a family man).
11.2 The vehicle may only be used by a competent driver who has a driving license valid in the Netherlands.
11.3 The Contractor will ensure that the vehicle is not used for driving lessons, performance and reliability trips, for transporting dangerous goods and for use in an area where the insurance does not cover. The Contractor will not stay abroad with the vehicle for more than 3 consecutive months. The Contractor will not provide the car with adjustments in the broadest sense of the word in order to obtain more power, range, speed or better handling. In addition, the Contractor will not rent out the vehicle or make it available to third parties for payment and will not use it for delivery or courier work.
11.4 If the Contractor acts in violation of articles 11.1 to 11.3, VWP may, after written reminder, charge the Contractor a penalty of €150.00 or claim actual damage from the Contractor at VWP's option.
11.5 The Contractor is allowed to (have) equipped the vehicle with additional accessories, at least insofar as VWP has agreed to this in writing prior to installing them.
11.6 If the Contractor wants to provide the vehicle with advertising or equipment for the purpose of its business, written permission from VWP is also required. The costs associated with installing and returning the vehicle to its original condition upon termination of the agreement are borne by the Contractor.
11.7 If a traffic offence has been committed with the vehicle, the Contractor undertakes, in accordance with article 40 of the Road Traffic Act, to disclose the driver's name and full address to VWP and the
police. If a crime has been committed with the vehicle, for example continuing after a collision, the Contractor undertakes, in accordance with article 41 of the Road Traffic Act, to disclose the driver's name and full address to VWP and the police within 48 hours.
11.8 All charges and/or fines and/or costs imposed by the government, in any way caused by the Contractor or the driver of the vehicle, are at the expense of the Contractor. The Contractor indemnifies VWP against all damage and claims based on violation of laws, regulations and applicable provisions relating to the condition and use of the vehicle. If VWP is nevertheless sued for this violation, VWP will charge the Contractor for its costs with a surcharge for administrative costs.
11.9 In the event of a repeated violation of the provisions of the Road Traffic Act by the Contractor or the driver, VWP is entitled to terminate, suspend or terminate the agreement with immediate effect, at VWP's discretion. In that case, the contractor owes VWP the compensation as stated in articles 11.4 and 15.3.
11.10 The Contractor declares that he is aware that police may seize the vehicle if the local speed limit is found to be seriously exceeded. If this is the case, the Contractor owes VWP all costs, including legal costs, to obtain delivery of the vehicle. In the event of forfeiture of the vehicle by the court, the Contractor is obliged to fully indemnify VWP.
11.11 If, for whatever reason, the Contractor is not (anymore) regarded by the tax authorities as a BPM refundable entrepreneur as referred to in article 15b of the BPM Act, all financial risks that arise or may arise from this, including with regard to the BPM and tax penalties, are entirely at the expense of the Contractor. VWP is not responsible for this.
Article 12: Maintenance and repairs
12.1 The Contractor undertakes to (have) maintained the vehicle in accordance with the manufacturer's maintenance schedule. Repairs and maintenance must be carried out by an official dealer of the relevant car brand in accordance with the provisions set out in the information booklet. VWP is entitled to control the condition of the vehicle at any time. If, after VWP's inspection, it appears that the Contractor has acted in violation of the aforementioned obligation, VWP is entitled to maintain and repair the vehicle at the Contractor's expense.
12.2 The Contractor must check and maintain the level of oil, cooling and brake fluid as well as tire pressure at least weekly, in accordance with the regulations as stated in the manual accompanying the vehicle.
12.3 Premature replacement of tires due to excessive wear, incorrect pressure, collision or perforation is at the expense of the Contractor.
12.4 For repairs and maintenance abroad, the Contractor must consult VWP in advance (by phone). If the (approved) costs have been paid by the Contractor, these costs will be settled by VWP with the Contractor after submitting the invoices and proof of payment.
12.5 A defect in the vehicle's odometer must be reported to VWP in writing within 24 hours. The number of kilometers driven during the period in which the odometer was faulty is estimated by mutual agreement.
Article 13: Damage, theft and insurance
13.1 In the event of theft or damage to the vehicle, occurring to or caused by the vehicle, the Contractor is obliged to inform VWP immediately by telephone and then within 48 hours by means of a fully completed claim form and to submit statements from witnesses related to the event as soon as possible.
If, by running away after the accident, the driver avoids testing or investigation and later reports to the police or competent authority, VWP is entitled to pass on all costs or damage to the Contractor. If damage is caused by intent, reckless or culpable behavior, actions, or omissions by the Contractor, then VWP is entitled to charge all costs or damage to the Contractor. VWP is also entitled to charge all costs or damage to the Contractor if no report has been made (by phone or email) and no fully completed claim form (by email or post) has been received within 48 hours
13.2 In the event of theft, vandalism and attempted burglary, the driver must have a report and/or police report drawn up at all times and submit all car keys, documents and parts of audio, security and communication equipment that are removable to limit burglary and theft damage to VWP within 48 hours. The contractor is liable for the consequences, including damage suffered by VWP, of late or incomplete action.
13.3 The Contractor is obliged to strictly follow VWP's instructions to repair the damage.
13.4 In the event of damage, the Contractor owes the agreed amount to Deductible, unless the damage caused is fully reimbursed by a third party. An increased deductible amount applies to drivers under 24 years old.
13.5 Damage to or loss of the Contractor's personal property in the vehicle is at the expense of the Contractor. If and insofar as the Contractor's property that is in or on the vehicle is included in VWP's insurance, as evidenced by a written confirmation at the start of the insurance coverage, the Contractor is obliged to provide VWP with the original purchase invoices for the insured goods at the same time as the claim is reported.
13.6 The permanent loss due to theft of the vehicle, or in the event of such (collision) damage that, in the opinion of insurers or VWP, repair is not economically or technically possible, will terminate the agreement after 30 days, counting from the date of notification by the Contractor. VWP is not liable for any damage, including consequential damage if the agreement ends under this article.
13.7 The Contractor has received the terms and conditions that apply to the insurance to be provided by VWP, knows the content and agrees.
13.8 VWP reserves the right to unilaterally adjust the amount of the Deductible in the meantime. The change takes effect after written notification by VWP to the Contractor.
13.9 If the vehicle is equipped with a class 3, 4 or 5 alarm system, the Contractor is obliged to maintain this alarm in operational condition.
13.10 The Contractor is obliged to have the installed alarm system inspected after first installation after two years and to submit proof of this, after which the Contractor is subsequently obliged to have the installation checked every year and to always provide proof of this. The costs of inspection and inspection are borne by the Contractor.
13.11 Any subscription costs for the alarm system are borne by the Contractor.
Article 14: Leasing excluding insurance via VWP
14.1 If the insurance offered by VWP is not used, the Contractor will insure the vehicle itself and keep it insured against Casco and Legal Liability risks with regard to the vehicle.
14.2 If the Contractor himself insures the vehicle, the appendix called “Leasing Exclusive Insurance” forms an integral part of the agreement and these General Terms and Conditions. The Appendix will be attached to the Agreement and these General Provisions.
Article 15: Early termination at the request of the Contractor and by VWP
15.1 In addition to article 3.2, the Contractor can terminate the agreement early, under the explicit condition that the Contractor informs VWP of the termination in writing at least two months in advance in writing by registered letter. VWP will then confirm the termination in writing to the Contractor, with the Contractor being liable for the damage suffered by VWP as a result of early termination of the agreement. The damage is the difference between the book value calculated in a linear manner or at VWP's option in an annuity manner and the market value or revenue upon sale. Any other termination costs applicable to the VWP will also be borne by the Contractor, unless VWP agrees another arrangement with the Contractor and VWP has confirmed this arrangement to the Contractor in writing.
15.2 VWP can in any case make agreements by registered mail or by bailiff's office.
cancel or, at VWP's option, dissolve and (cause) to own the Car, including if:
a. Despite a reminder, the Contractor remains in default of fulfilling its obligations under the agreement towards VWP;
b. The Contractor requests a suspension of payments, offers an amicable or judicial agreement, declares bankruptcy or is declared bankrupt, when the Contractor is established abroad, or the Contractor sells, shuts down or liquidates its business;
c. all or part of the Contractor's assets or the vehicle is enforceable, or a precautionary attachment is declared valuable, as well as in the event of a tax or judicial attachment;
d. normal (insurance) coverage against WA and hull damage as a result of an extreme course of damage can no longer be obtained;
e. the vehicle is claimed by the government;
f. circumstances occur that jeopardize VWP's remedies with regard to the Contractor.
15.3 In the event of cancellation or termination by VWP of the agreement, the Contractor is obliged to fully indemnify VWP. This also includes the payment of all remaining lease terms. As well as the right to compensation for all other costs, damages and interest arising as a result of the cancellation and dissolution, including legal and other assistance.
Article 16: Seizure and third party measures
16.1 If third parties want to assert rights or take measures with regard to the vehicle, the Contractor and Driver will immediately demonstrate to these third parties that VWP is the owner of the vehicle, not the Contractor. VWP remains the owner of the vehicle at all times. If the vehicle should fall out of the Contractor's control, he and/or driver will immediately inform VWP by telephone and in writing and, if necessary, take measures himself.
16.2 VWP can take the measures deemed necessary to protect its rights itself. The Contractor hereby authorizes VWP to possibly take these measures on its behalf. The costs of the measures to be taken are borne by the Contractor.
Article 17: Vehicle collection and final bill
17.1 Upon termination of the agreement, the Contractor will return the vehicle in its original condition, cleaned inside and out, to VWP's address or another location specified by VWP. Contractor must return: the keys plus the spare keys, the entire (copy) registration certificate, the insurance certificate, the fuel card, the other documents including possible codes and all accessories included in the lease price.
17.2 If the vehicle has not been cleaned by the Contractor upon return, VWP is entitled to charge the Contractor for the costs of cleaning, with a minimum of €50.00 excluding VAT.
17.3 Accessories that are not included in the lease price may only be removed by the Contractor if removal does not result in visible damage or depreciation of the vehicle.
17.4 VWP is entitled to charge the Contractor for the repair costs and additional depreciation of the vehicle caused by unreported damage (s) and/or careless management. The costs resulting from the loss or failure to return documents and accessories to VWP in time are also borne by the Contractor.
17.5 If the Contractor is unwilling to return the vehicle at the end of the lease period, VWP has the right to discontinue the service, claim the vehicle and the Contractor is obliged to pay VWP for all costs and damage resulting from the late return.
17.6 The Contractor has no right to retain the vehicle with regard to any claim.
17.7 At the end of the agreement, there will be a settlement of more or fewer kilometers driven, setting off the previously settled more or fewer kilometers at the price specified in the agreement. The kilometres driven with replacement cars are added to the number driven with the vehicle. More and fewer kilometers means the difference between the actual number of kilometers driven and the number of contracted kilometers, i.e. the actual number of months multiplied by the contractual number of kilometers per month. The kilometers already charged at the same rate will be deducted from the settlement amount for the total of more or fewer kilometers driven.
17.8 The actual intake procedure is as follows: When returning the vehicle, the Contractor's Fleet Manager must make an appointment to return the vehicle at all times. This appointment is confirmed by VWP (mail or in writing).
VWP has 3 options for letting a vehicle be occupied:
1. Vehicle will be picked up at the address provided to VWP by the Contractor/Fleet Manager. When collecting the vehicle, the driver, or an authorized person, signs to transfer the vehicle. The final intake inspection takes place at the VWP location in Nijverdal by VWP. During the final intake inspection, any damage, or other details, will be recorded, including digital photos;
2. The Contractor himself delivers the vehicle to the VWP office in Nijverdal. During the final intake inspection, any damage, or other details, will be recorded, including digital photos. Contractor/fleet manager must make an appointment with VWP for this, which will be confirmed by email or in writing by VWP;
3. On-site intake: Contractor chooses its own intake location (business or private) where the Contractor, or an authorized person appointed by the Contractor, is present. In doing so, an external expertise office prepares an intake report in the presence of the Contractor, recording any damage or other details, including digital photos. The Contractor/Fleet Manager must instruct VWP to do so in writing or by email. (the associated additional costs will be charged to the Contractor).
Article 18: Purchase option
18.1 If and insofar as stated in the agreement, the Contractor has the preferential right to purchase the vehicle. If the Contractor wishes to make use of its purchase option, the Contractor will make this known at least two months before the end of the agreement. VWP will then specify the price at which the Contractor can make use of its first right of purchase.
18.2 If the agreement states a “purchase option price”, this is the amount that applies at the time of regular termination of the agreement. This means after the duration in months and the number of kilometers
as (originally) agreed. This amount includes the costs for regular maintenance, if agreed in the lease contract, until the end date, with any costs for extensive maintenance just before the
expiration of the term have not been calculated. The “purchase option price” may be increased by holding tax paid in advance by VWP.
18.3 If the Contractor has not paid the purchase price to VWP around the day of the contract termination, the preferential right to purchase expires.
18.4 A transfer of ownership only takes place once the Contractor has fulfilled all obligations arising from both the agreement and the purchase option.
18.5 Regardless of whether the Contractor makes use of its preferential right to purchase, VWP will make an effort to operate the vehicle efficiently, maintain (or cause) to maintain the vehicle in a reliable and safe condition until the end of the agreed lease period. VWP cannot be expected to incur costs for the use of the vehicle after the lease period.
Article 19: Liability
19.1 VWP is in no way liable and is never obliged to compensate for any damage, in whatever way caused, suffered and caused by the Contractor or third parties as a result of the Contractor's use of the vehicle provided by VWP. VWP is also never obliged to pay compensation for any consequential damage, in whatever way, including business loss, loss as a result of loss of income. The contractor indemnifies VWP against all third-party claims in this regard. The above does not apply if the damage was caused by intent on the part of VWP.
19.2 The Contractor is liable, among other things, for:
a. failure to follow the vehicle use and maintenance guidelines, the insurance conditions and the procedures prescribed by VWP.
b. late payment of taxes and premiums, including insurance premiums, unless they are included in the lease price;
c. violations of traffic rules and laws.
19.3 VWP is expressly not liable for damage, in whatever form and in whatever way, with regard to the consequences of installing an LPG installation in the vehicle.
Article 20: Transferability
20.1 The Contractor can only transfer its powers, rights, privileges and actions resulting from the agreement with VWP to a third party after explicit written consent from VWP. VWP has the right to attach further conditions to its cooperation.
20.2 The Contractor is aware that the vehicle may be owned by a leasing company. If the vehicle is owned by a leasing company, the Contractor is obliged, at the first request of the relevant leasing company, either to pay the lease price to this leasing company free of charge or to return the vehicle to this leasing company.
20.3 VWP is entitled to transfer or pledge the individual lease contracts it has concluded from the agreement and/or from one or more on the basis thereof, as well as the ownership of the vehicles to be provided, to third party (s) to be specified, or to replace them. By signing the agreement, the contractor declares that he has given permission in advance.
Article 21: Force majeure
If, due to a shortcoming that is not attributable to it, VWP is prevented from fulfilling or executing the obligations arising from the agreement, VWP is authorized to terminate the agreement by letter without judicial intervention, or to suspend its obligations under the agreement until the relevant force majeure situation has ceased to exist, without VWP being obliged to pay any compensation to the Contractor or third parties. In any case, a shortcoming is not attributable to VWP if it is caused by non-
timely delivery by importer/factory/supplier/user to VWP, restrictive government measures, strike, staff shortage, vehicle damage between the time of conclusion of the agreement and time of delivery.
Article 22. Changes of address
The Contractor must inform VWP in writing of any changes of address at least 10 days in advance. Article 23. Applicable law, competent court
23.1 The legal relationship between the parties is governed exclusively by Dutch law.
23.2 Any disputes will be adjudicated by the court in Almelo.