Terms and Conditions

General Terms and Conditions Financial Lease – 3-Party (version 2024/5)

1. Definitions

In the Agreement and in these General Terms and Conditions, the following terms have the meanings stated therein, unless expressly provided otherwise or unless the context indicates otherwise:

• General Terms and Conditions: these General Terms and Conditions financial lease – 3-party (version 2024/5)
• Statement of Acceptance: the document drawn up by the Lender whereby the Lessee confirms to the Lender that the Vehicle has been delivered complete and correctly, is ready for use and functions properly, and that the Lessee has determined that there are no defects or deficiencies therein.
• Lessee: the person or persons listed on the Agreement as Lessee and their legal successor(s).
• Supplier: the supplier who sells the Vehicle to the Lender as specified in the Agreement.
• Term: the term of the Agreement as specified therein.
• Lender: De Mobiliteit Financier B.V., registered with the Chamber of Commerce under number 85289337, established at Kanaalweg 9 in Asten (5721 MZ).
• Co-contractor: the person or persons listed on the Agreement as Co-contractor and their legal successor(s).
• Agreement: the financial lease agreement concluded between Lender, Supplier and Lessee, as evidenced by the Agreement and accompanying documents and to which these General Terms and Conditions apply.
• Vehicle: the vehicle (including keys, manuals, maintenance documents and other accessories) that is the subject of the Agreement.

2. Applicability

2.1 These General Terms and Conditions apply to all Agreements between Lessee and Lender.
2.2 Additions to or deviations from the General Terms and Conditions are only valid if they have been expressly agreed upon in writing.
2.3 When making new offers or entering into new Agreements, the Lender is not bound by additions to or deviations from these General Terms and Conditions previously agreed between the parties, unless otherwise agreed in writing.
2.4 If any condition in these General Terms and Conditions and in the Agreement are contradictory, the Agreement shall prevail.
2.5 The applicability of the Lessee's general terms and conditions is expressly rejected by the Lender.
2.6 If one or more of the provisions in these General Terms and Conditions is or are invalid, contrary to law, or unenforceable, this shall not affect the validity of the remaining provisions. The parties shall negotiate in good faith a new provision to replace the invalid or unenforceable provision, which follows the intent of the invalid or unenforceable provision as closely as possible.

3. Conclusion and Amendment of the Agreement
3.1 All offers made by the Lender, in whatever form, are without obligation, unless expressly stated otherwise.
3.2 Obvious typographical errors or mistakes in the Lender's offers are not binding on it and do not constitute grounds to claim performance and/or any compensation for damages.
3.3 An Agreement is concluded only by written confirmation from the Lender or by actual performance of the Agreement by
Lender.
3.4 Any additional agreements or amendments made later shall only be binding if confirmed in writing by the Lender.
3.5 Our quotations, price estimates, and other offers are always subject to acceptance. Your and our obligations commence after final acceptance by the lender.

4. Vehicle / delivery / rights and obligations
4.1 The Vehicle is intended to be used in the course of the Lessee's business or profession. Lessee selected the Vehicle from the Supplier and determined that it is suitable for Lessee's purposes. Except for express written warranties from the Lender and without prejudice to any manufacturer's warranty, the Lender does not warrant the composition and characteristics of the Vehicle, and liability for defects and deficiencies in the Vehicle and its operation is excluded by the Lender. Lessee shall not be entitled to assert claims against the Lender regarding the Vehicle or arising from its use, in respect of conformity, warranty claims, or otherwise relating to the Vehicle, in the broadest sense, and hereby waives such rights against the Lender. Lessee shall exercise the relevant claims directly and in its own name against the Supplier.
4.2 A delivery date communicated to Lessee is indicative and not a firm deadline, and Lender is not liable for any delay or failure to deliver the Vehicle. The Vehicle will be made available by Lender to Lessee at the Supplier's address or another location in the Netherlands to be designated by Lender.
4.3 Upon delivery of the Vehicle, the Lessee is obliged to carefully inspect the Vehicle for completeness, conformity, and any defects, and if the Vehicle is found to be satisfactory, the Lessee shall sign a Declaration of Acceptance. The Lessee shall hold the Vehicle for the Lender.
4.4 If no Acceptance Statement has been signed by Lessee or otherwise not handed over to Lender, the circumstance that the Vehicle is put into use by Lessee and Lender does not receive a written notification from Lessee within a period of 5 working days after delivery stating that the Vehicle is incomplete and/or non-conforming or has defects, constitutes proof between Lender and Lessee that the Vehicle was accepted by Lessee upon delivery, meets the requirements of conformity and satisfies the Lessee's requirements in all respects. In addition, Lender reserves the right to
desire.
4.5 Lessee is not authorized to sell, rent out, pledge, assign for administration or use, or otherwise encumber or transfer the Vehicle, in whole or in part, to third parties as long as (legal) ownership thereof has not passed to Lessee in accordance with the Agreement, except with the prior written consent of the Lender.
4.6 If third parties seize the Vehicle or make known their intention to do so, or wish to establish or assert rights thereto, Lessee is obliged to immediately notify the Lender thereof and to immediately disclose the Agreement and the Lender's title to the Vehicle to such third parties, including the bailiff.
4.7 In the event of a moratorium on payments, bankruptcy, suspension of payments, liquidation, or death, where the Lessee is a natural person, the Lessee is obliged to notify the Lender thereof immediately and to immediately make the Agreement and the Lender's title known to the trustee, administrator or other party(ies) concerned.
4.8 Lessee shall at all times grant Lender free access to his/her premises and/or building(s) for the inspection of the Vehicle (internal and external) and/or for the exercise of the Lender's rights. To the extent necessary, Lessee hereby grants unconditional and irrevocable permission to the Lender and to third parties designated by the latter to enter all places where the Vehicle is located or may be located.

5. Use and condition of the Vehicle
5.1 Lessee is the economic owner of the Vehicle. From the moment it is placed at the disposal of Lessee, all risks and all possible costs for maintenance, insurance, road tax, and damage shall be for the account and risk of Lessee.
5.2 Until Lessee has fulfilled all obligations under the Agreement and legal ownership of the Vehicle has passed to him, the Lessee has the following obligations:

a. Lessee shall keep the Vehicle in good condition and use it for its intended purpose. In doing so, Lessee shall follow the guidelines and regulations of the manufacturer of the Vehicle and of the Lender, which are already in the possession of Lessee and of which Lessee is familiar.
b. Lessee shall properly maintain the Vehicle and shall have all necessary repairs thereto, of whatever nature and for whatever cause become necessary, carried out immediately by an expert to be designated by the Lender, either on his own initiative or at the request of the Lender.
c. The Lessee may not act with the Vehicle contrary to the interests of the Lender, such as, but not exclusively, acting in a manner that reduces the value of the Vehicle.
d. The Lessee may not make any changes to the Vehicle without the Lender having received prior written permission for this from the Lender.
e. The Vehicle may only be driven by Lessee, persons employed by Lessee, and their family members, provided they are in possession of a driving licence valid in the Netherlands. The Lender has the right to prohibit the use of the Vehicle by certain persons, and Lessee is obliged to ensure compliance therewith. Lessee guarantees and warrants to the Lender that the Vehicle will only be
used by persons authorized to do so. The Vehicle may only be used in Europe and may not be located abroad for a continuous period longer than 1 month. The Vehicle may not be used outside the area in which it is insured or moved to a country outside the insured area. The Vehicle may not be used for giving driving lessons,
competitions, performance or reliability runs, and for the transport of dangerous goods.
f. Lessee shall immediately notify Lender of any damage to, loss of, or theft of the Vehicle.
g. Lessee shall ensure that the Vehicle is insured against all types of damage ('all-risk') and legal liability. The insurance must commence no later than the day the Vehicle is delivered to Lessee and (in any event) continue until ownership of the Vehicle passes to Lessee or (if applicable) the Vehicle is again in the possession of Lender. At the request of Lender, Lessee shall provide a copy of the policy and proof of premium payments. The Lessee shall report damage to or involving the Vehicle to the insurer in writing or by email within the period stipulated for this purpose in the insurance agreement and provide a copy to
Send lender.
h. The Lessee must be able to demonstrate at all times that the statutory obligations applicable to the Vehicle are being complied with, including:
– a valid registration certificate;
– payment of ownership tax/motor vehicle tax;
– that the Vehicle has passed the MOT inspection (if applicable);
– that the Vehicle is insured against legal liability, without prejudice to the obligation referred to in paragraph g of this article to ensure comprehensive insurance.
– that the Vehicle has the correct license plates.

5.3 Damage to third parties not covered by the insurance must be paid by the Lessee himself.

6. Payment / taxes / mileage
6.1 Lessee is obliged to pay the installments to Lender, even if Lessee is unable to use the Vehicle for any reason whatsoever. Lessee is not entitled to replacement transport.
6.2 Set-off by Lessee is not permitted. Lender is entitled to set off debts owed to Lessee (whether due or not) against claims against Lessee (whether due or not). Lender may, at its own discretion, allocate payments received from Lessee to the debts of Lessee.
6.3 With regard to the amounts that the Lender has to claim or will receive from the Lessee and regarding the payments made by the Lessee to the Lender, the Lender's records shall constitute conclusive evidence between the parties; subject to counter-evidence to be provided by the Lessee.
6.4 If, on the due date of a payment owed by Lessee, no (full) payment has been received by the Lender, the Lessee shall be in default without the need for a notice of default, and the Lessee shall immediately owe interest of 1.5% per month on the amount that the Lessee has not paid on time. The Lender shall calculate this interest from the due date until the day the Lessee has paid.
6.5 If Lessee defaults in the fulfillment of its payment obligations, Lender is (furthermore) entitled to charge Lessee costs in connection therewith as follows. Upon a first reminder from Lender to Lessee, Lessee owes Lender €25 (excluding VAT). If payment is still not received and Lender sends a notice of default to Lessee (without prejudice to default already having occurred), Lessee owes Lender €50 (excluding VAT). In the event of non-payment or late payment, all other costs arising therefrom and incurred in connection therewith shall furthermore be for the account of Lessee, including but not limited to costs for legal assistance, extrajudicial (collection) costs, litigation costs, and court costs. The extrajudicial (collection) costs are set at at least 15% of the amount due, with a minimum of €100 (excl. VAT).
6.6 The Lessee is not permitted to suspend any obligations in whole or in part.
6.7 To the extent applicable, amounts owed by Lessee to Lender shall always be increased by the value added tax (VAT) due thereon at the rate applicable from time to time.
6.8 Costs (including those of the General Periodic Inspection Obligation), taxes (such as motor vehicle tax), levies, and fines relating to the Vehicle shall be borne entirely by the Lessee, and the Lessee is obliged to ensure the timely payment of all taxes, levies, and fines due in respect of the Vehicle during the Term.
6.9 The payments owed by Lessee to Lender are based (partly) on the appreciation in value of the Vehicle. The appreciation in value is determined, inter alia, by the distance driven with the Vehicle, and in connection therewith, Lender is entitled to require additional payments from Lessee if the maximum annual mileage is exceeded (all in accordance with the Agreement). By Lessee
Any additional payments made in this manner shall be held by the Lender as a security deposit and collateral for the duration of the Agreement. If the Lessee has fulfilled all obligations under the Agreement, the relevant security deposit shall be set off against the Lessee or refunded by the Lender to the Lessee.
6.10 Lessee is obliged, at the request of Lender, to provide data regarding the mileage of the Vehicle, failing which Lender is entitled to determine the number of kilometers by way of estimate. Interim determination and (if applicable) additional payment remain possible at all times; the calculation shall then be made pro rata. The kilometers driven are determined by Lender on the basis of the odometer and/or track and trace system present in the Vehicle. Lessee shall immediately report any defects in the odometer and/or the track and trace system to Lender. The number of kilometers driven may be estimated by Lender in the event of a defective odometer and/or track and trace system. Lessee is obliged to provide all requested information to arrive at an accurate determination of the number of kilometers driven. If there is any indication that the kilometers driven have not been stated correctly or that the odometer has been manipulated, the number of kilometers driven shall be determined reasonably by Lender. The mileage determined by Lender is binding on Lessee.

7. Pledge / transfer
7.1 The Lender has the right (i) to pledge the Vehicle while maintaining the Lessee's rights under the Agreement and (ii) to transfer the (conditional) ownership of the Vehicle as well as the entire legal relationship with the Lessee and, where applicable, the Co-contractor under the Agreement to a third party by means of contract assignment.
7.2 By signing the Agreement, Lessee and, if applicable, Co-contractor (to the extent necessary) give their prior and irrevocable cooperation and consent to such transfer. Following the transfer, the rights and obligations of Lessee and, if applicable, Co-contractor shall apply towards that third party (the legal successor of the Lender). The Lessee's conditional right to acquire ownership of the Vehicle as referred to in Article 2 of the Agreement shall remain in full force and effect and shall also apply against any third party referred to above to whom (conditional) ownership of the Vehicle is transferred.

8. Termination of the Agreement
8.1 Termination of the Agreement by Lessee is not possible. If Lessee wishes to settle the Agreement earlier, Lessee must notify Lender of this in writing. Lender may then provide a statement of the amount that Lessee must pay in a lump sum and within what period (if no period is specified by Lender, it shall amount to 7 days). Upon receipt of timely payment of the amount specified by Lender, ownership of the Vehicle shall then pass to Lessee, with corresponding application of Article 2 of the Agreement.
8.2 The Lender is entitled to terminate and/or dissolve the legal relationship between the Lender and the Lessee pursuant to the Agreement with immediate effect, without the need for a notice of default or any other formality, and to immediately take possession of the Vehicle, if one or more of the following circumstances occur, in which case the Lessee shall then (also) always be deemed to be in default (immediately):
a. Lessee fails to comply with obligations under the Agreement, including payment of installments on the agreed date, or pursuant to the law, or acts in violation of the terms of use for the Vehicle;
b. the insurance of the Vehicle is or is being terminated;
c. with respect to the Lessee, a suspension of payments, bankruptcy or any other insolvency proceedings is applied for or declared applicable or (if the Lessee is a natural person) the Lessee is placed under guardianship or the debt restructuring scheme for natural persons is declared applicable to him;
d. the Vehicle is seized by third parties, the Vehicle is destroyed, disappears, falls out of the Lessee's control (by theft or otherwise), becomes a 'total loss' or is damaged to such an extent that, in the (binding) opinion of the Lender, repair is no longer worthwhile;
e. Lessee ceases his profession or business (wholly or partially), leaves the Netherlands and/or has deregistered from the municipal basic administration (if a natural person) or the Trade Register of the Chamber of Commerce (if a legal entity), or the Lessee's business is contributed to a partnership, another company or another legal entity;
f. Lessee (if a natural person) dies or (if a legal entity) is dissolved or Lender has reasonable grounds to believe that the obligations under the Agreement can no longer be or will no longer be fulfilled;
g. the Vehicle is misappropriated or alienated;
h. Lessee has provided the Lender with incorrect information, with a view to entering into the Agreement, which is of such a nature that the Lender would reasonably not have entered into the Agreement, or not under the same conditions, if the correct information had been known;
i. in the event of a substantial deterioration of the financial situation and/or creditworthiness of the Lessee which gives the Lender reasonable grounds to fear that the Lessee will not be able to fulfill all obligations under the Agreement.
8.3 Lessee is obliged to inform Lender immediately (in writing) if one or more situations as described in Article 8.2 occur.
8.4 In the event that the Lender has terminated and/or dissolved the Agreement, the Lessee shall no longer be entitled to use the Vehicle and the Vehicle shall be made available to the Lender immediately in accordance with Articles 9.1 and 9.2. In these circumstances, the Lender is also entitled to immobilize the Vehicle via the track-and-trace system. Until the Vehicle is back in the possession of the Lender, the obligations of the Agreement regarding the use, insurance, and the like of the Vehicle shall remain in force.
8.5 If the Lender terminates the Agreement vis-à-vis the Lessee, all amounts owed by the Lessee under the Agreement shall become immediately due and payable. If the Lender exercises its right to dissolve the legal relationship between the Lender and the Lessee pursuant to the Agreement, the Lender shall be entitled to (immediately due and payable) compensation from the Lessee in the amount of (the sum of):

a. the sum of the overdue installments and any further amounts charged by the Lender to the Lessee but not yet paid, and the default interest due thereon, as well as the expenses and/or costs incurred for the benefit of the Lessee but not yet charged;
b. the total of the installments not yet due that Lessee would have owed if the Agreement had not been terminated;
c. all costs associated with the dissolution of the Agreement, the repossession of the Vehicle (including dismantling, transport, storage and insurance) and (re)sale of the Vehicle by the Lender;
d. any extrajudicial and judicial costs;
e. a fine of €225.

8.6 In the event of dissolution of the legal relationship between Lender and Lessee pursuant to the Agreement by the Lender, the latter shall not be obliged towards the Lessee to reverse any action, and the Lessee shall have no right to release or otherwise be able to acquire ownership of the Vehicle by (subsequent) payment of the installments and other amounts due; this subject to further written agreements between Lender and Lessee in this regard.
8.7 The (net) proceeds from the (resale) of the Vehicle by the Lender and any payments from an insurer actually received by the Lender shall be deducted from the Lender's claims against the Lessee or set off against the Lessee.
8.8 The Lender is hereby authorized by the Lessee to acquire the object in the Lender's records by means of self-billing in the case of Article 8.2.

9. Return of Vehicle
9.1 If the Agreement terminates pursuant to Section 8.2, Lessee shall be obliged, at its own expense, (i) to restore the Vehicle to its original condition (except for normal wear and tear) and to remove all markings, labels and other identifications affixed to the Vehicle by Lessee and (ii) to return the Vehicle to the Lender in a clean, complete and functional condition at a location designated by the Lender in the Netherlands. The Lessee hereby waives (to the extent necessary) any right of retention with respect to the Vehicle.
9.2 Lessee is obliged to remove, at his own expense, all items he has installed or added to or in the Vehicle and to repair, at his own expense, all damage to the Vehicle resulting from such removal, before the Vehicle is returned or taken back by the Lender.
9.3 If the Lessee does not return the Vehicle immediately after termination of the Agreement pursuant to Article 8.2:

a. the Lender is authorized to enter premises or buildings where the Lessee carries out his profession or business and to repossess the Vehicle;
b. shall indemnify the Lender for all costs (including legal costs) incurred by the Lender to place the Vehicle in its possession;
c. Lessee owes Lender compensation for the period during which the Vehicle has not yet been returned to Lender, equal to the periods calculated from the day on which the Vehicle was due to be returned until the day on which the Vehicle was actually placed in the possession of Lender, with a minimum of one period; this without prejudice to the Lender's right to compensation for other damages.

9.4 All costs to be incurred by the Lender and/or damage suffered by the Lender if the Lessee does not return the Vehicle to the Lender in its original condition and in accordance with the agreed terms (except for normal wear and tear) and/or has not used and/or maintained the Vehicle in accordance with the terms, shall be for the account of the Lessee. The Lender has the right to then restore the Vehicle to its original condition, repair it, and carry out overdue maintenance, and to charge the costs thereof to the Lessee.
9.5 Should goods be present in the vehicle during drop-off or return, we are neither responsible nor liable for them. We are in no way liable for any form of damage you may suffer as a result of the goods being present in the vehicle and not being in your possession.
9.6 You must notify us in writing within seven days of delivery or return which goods should be present in the vehicle, after which we will inform you whether and which goods have been found in the vehicle. Our finding of the goods is decisive in this regard.
9.7 We are not obliged to store or take the goods into custody for longer than 14 days and are entitled to destroy these goods (or have them destroyed) thereafter. The costs thereof may be passed on to you.
9.8 We are also entitled, if the goods are of value, to sell them and subsequently deduct the proceeds from the outstanding items. The costs thereof may be passed on to you.

10. Liability
10.1 All (legal) persons entering into the Agreement as Lessee are jointly and severally liable for the performance of the Lessee's obligations under that Agreement and the terms and conditions applicable thereto. This means that the Lender may hold any of them liable for the entirety of the obligations under the Agreement.
10.2 Lessee indemnifies Lender against all claims from third parties relating to the Vehicle and its use, to the fullest extent of the word.
10.3 The Lender is not liable (contractually or non-contractually) for any damage suffered by the Lessee as a result of or in connection with the Agreement, except to the extent that such damage is the direct result of intent or willful recklessness on the part of the Lender.
10.4 Any liability of the Lender is limited to direct damage attributable to it and to an amount equal to six monthly installments (for an Agreement of 36 months or more); in other cases, this is limited to two monthly installments as stipulated in the Agreement. Liability of the Lender for indirect damage, consequential damage, lost profits, lost savings, diminished goodwill, and damage due to business interruption is hereby entirely excluded.
10.5 The Lender is not liable for damages if and to the extent that the Lessee has insured itself against the relevant damage or could reasonably have insured itself against it.

11. Co-contractor
11.1 If the Co-contractor consists of multiple (legal) persons, the guarantee obligations are joint and several obligations for them.
11.2 Co-contractor shall, at the first request of the Lender, pay to the Lender as its own debt the amount specified by the Lender that the Lender is entitled to claim from the Lessee.
11.3 To the extent permitted by law, Co-contractor waives the right to invoke any defenses available to Lessee against Lender and any rights that may be derived from the Agreement (such as reliance on a ground for annulment, a ground for dissolution, or a right of suspension).
11.4 By signing the Agreement, the Co-contractor declares to be familiar with the terms under which the Agreement has been concluded and to keep itself informed of the situation at the Lessee. The Lender is not obliged to inform the Co-contractor, such as in the event that the Lessee is in default or the Lender puts the Lessee in default. The Lender has the right to amend the terms of the Agreement, to waive claims and securities, without the Co-contractor being able to derive any rights therefrom or to consider itself released from its obligations.
11.5 Co-contractor waives the right to succeed to the rights of the Lender upon payment to the Lender and subordinates any claims against Lessee based on recourse to the claims of the Lender against the Lessee.

12. Force Majeure
12.1 In the event of force majeure, the Lender shall never be obliged to compensate the Lessee for any damage caused thereby, and the Lender shall have the right to suspend the performance of the Agreement without judicial intervention or to consider the Agreement dissolved in whole or in part.
12.2 In addition to what is understood in this regard in law and case law, force majeure on the part of the Lender shall also include, but not be limited to: unforeseen circumstances, including those of an economic nature, arising without fault or negligence on the part of the Lender, riots, acts of a third party, failure or delay in transport, acts of the government, government measures, force majeure affecting the Lender's suppliers, power failure, failure of the internet, data network or telecommunication facilities, technical failure, war (or threat of war), general transport problems, flooding, fire, earthquake, explosion, storm, and strikes at the Lender or its supplier.
12.3 If, in the opinion of the Lender, the force majeure situation is of a permanent nature, the parties may reach an agreement regarding the dissolution of the Agreement and the consequences associated therewith.
12.4 The Lender may also invoke force majeure if the circumstance preventing (further) performance occurs after the Lender should have fulfilled its obligation.

13. Track-and-trace system
13.1 The Lender is entitled to install a 'track-and-trace' system in the Vehicle that determines the location of the Vehicle and transmits it to the Lender. The system serves to prevent embezzlement and/or theft. If necessary, the Lender may use this system to immobilize and locate the Vehicle. The system remains the property of the Lender at all times.
13.2 After the Lessee has become the legal owner of the Vehicle, the Lender will remove the system from the Vehicle. The Lender will then delete all registered data from the system.
13.3 In the privacy statement The Lender's statement specifies which data is collected by the system and how the Lender handles it.

14. Data protection
14.1 By entering into an Agreement with the Lender, the Lender will process personal data of the Lessee for the purpose of executing the Agreement and for its administrative and management tasks. These personal data are accessible only to the Lender and are not unnecessarily provided to third parties. In the privacy statement The Lender's statement describes how the Lender handles personal data, what measures it takes to protect against loss or unlawful processing thereof, and the Lessee's rights in connection therewith.
14.2 To the extent that the Lender processes personal data on behalf of the Lessee, it does so as a controller within the meaning of the General Data Protection Regulation.
14.3 When the Agreement between Lender and Lessee ends, the Lender shall return to Lessee or destroy the personal data it has processed in the performance of the Agreement, to the extent that the Lender is not under a legal obligation to retain the said data.

15. Other provisions
15.1 Lessee and (if applicable) Co-contractor must notify the Lender of the change of address in writing within seven days of their relocation.
15.2 Lessee and (if applicable) Co-contractor are obliged, at the first request of the Lender, to provide all information reasonably requested by the Lender; including (i) information about the Vehicle, (ii) information enabling the Lender to conduct customer due diligence in accordance with the law and (iii) financial data about Lessee, Co-contractor and their activities.
15.3 The Lender is entitled to amend or supplement the General Terms and Conditions. The Lender shall make such amendments known in a sufficient manner at least one month prior to their entry into force. The Parties shall be bound by the amended General Terms and Conditions from the day they enter into force, unless the Lessee notifies Lessee in writing no later than one week prior to the entry into force of the amended General Terms and Conditions.
Lender indicates that it does not agree thereto, in which case the existing General Terms and Conditions shall continue to apply. In the event of amendments to the General Terms and Conditions that are of minor importance and do not constitute a material deterioration for Lessee, Lessee shall be bound thereby from the effective date; Lessee may not refuse the application of those General Terms and Conditions.
15.4 The Lender is affiliated with the Credit Registration Bureau (BKR) and is entitled to report this Agreement to the BKR and to administer and settle it in accordance with the terms and conditions. This means that, in certain cases, prior to concluding the Agreement, the Lender will inquire whether the Lessee already has financing and will inform the BKR if the Lessee fails to pay as agreed.
15.5 The Lender has calculated the installments (among other things) based on interest rates on the money and capital markets at the time of concluding the Agreement. If interest rates on the money and capital markets subsequently rise substantially, which is deemed to be the case with an increase of more than 1% (100 percentage points), the Lender has the right to adjust the installments in accordance with the increase in interest rates on the money and capital markets.
15.6 The installments include compensation for costs incurred by the Lender in concluding and executing the Agreement. The Lender has the right to adjust the portion of the installments attributable to the costs referred to above (cost component) in the event of a rise in the price level and/or inflation. The adjustment of the cost component, and consequently of the installments, shall be calculated by the Lender on the basis of the CBS consumer price index for all households, and in accordance with the increase in the year preceding the adjustment compared to the preceding year.
15.7 Adjustment of the terms as referred to above under 15.5 and 15.6 may take place at most once a year, for the first time one year after the commencement of the Term. In the event of an adjustment of the terms, Lender shall inform Lessee in writing of (i) the new
installment amounts (ii) the date from which the new installments apply and (iii) the number of installments still due. From the date on which the new installments apply, the Lessee owes the relevant amounts to the Lender.
15.8 Would you like to switch to an electric commercial vehicle without penalty? If you enter into a Financial Lease agreement with Eurocars Bedrijfswagens, you may switch to an electric commercial vehicle—which we will also supply to you—at any time without penalty. We will trade in your commercial vehicle at that time and conclude a new agreement for 60 months. By then, we will look at the market value of your commercial vehicle, the acceptance process, and the interest rates and surcharges applicable at that time.
15.9 The Lessee is obliged to send a copy of the vehicle registration certificate to the lender.
15.10 The financier reserves the right to retain the spare key of the financed vehicle for the entire duration of the lease agreement. The spare key shall be carefully stored and used exclusively in accordance with the terms of this agreement, such as in the event of non-payment, seizure, or other situations permitted by law. Upon full repayment of the financing, the financier shall transfer the spare key to the lessee.