APPROACH TO
CUSTOMER CONTRACTS

Access to Premises

Where we have a right to access your premises in order to inspect and test a vehicle, this will be done at an agreed date and time and on reasonable notice.

Authority to Complete

Where we have the authority to complete any blank or inaccurate details in an agreement, including any Vehicle Agreement, we will do so in a manner consistent with the agreement and applicable quotation.

Commission

We will not represent to any third party that we act on your behalf in connection to any actual or proposed commission.

We will also comply with applicable anti-bribery and corruption laws.

Consent

Where an act by you requires our consent, we will not unreasonably withhold our consent or delay in advising you if our consent is provided.

Confidentiality Clauses

Where the agreement contains confidentiality clauses in our favour only, we undertake to afford your confidential information the same level of protection.

Costs

Where we are entitled to recover Costs from you (subject to those Cost being under our control) we reaffirm that such Costs will be reasonable and justifiable.

Consequential Loss

Claims for Loss suffered by Custom Fleet, will exclude Consequential Loss.

Customer Portal

We accept that we may be liable for your inability to connect to our Customer Portal (where access is provided in terms of the agreement), except if this inability stems from circumstances which are not within our reasonable control.

Dispute

Where the result of a payment dispute is not in your favour, or you are not satisfied with the outcome of the investigation of the dispute, you can refer the matter for dispute resolution.

Dispute Resolution

If the applicable agreement does not specify a dispute resolution mechanism, we will not institute legal proceedings unless we have notified you of our intention to do so. This is subject to our right, without notice, to seek an order for specific performance, injunctive relief or similar remedy.

Direct Debit

We may not be aware of a debiting error associated with your account unless you notify us. We will take all reasonable steps to correct any error as soon as we become aware. However, we are not responsible for any loss you may incur as a result of your failure to notify us.

Entire agreement clauses

Entire agreement clauses will be limited in their interpretation to mean that the applicable agreement supersedes any prior written or other agreement between us.

Indemnity and Loss

You are not liable for any loss which arises from a mistake, error, fraud, negligence or wilful misconduct by us or our employees or a receiver we appoint.

Interpretation

We undertake to exercise any rights or discretions under the applicable Agreement fairly and reasonably and having regard to your legitimate interests and the legitimate interests of Custom Fleet.

Liability

You must notify us as soon as possible once becoming aware of any defects or issues with any goods or vehicles supplied to you under a Fleet or Novated Lease Agreement or similar lease agreement (as applicable). Once notified, we will use reasonable endeavours to arrange for the defect or issue to resolved as soon as practicable. If requested by you, we will assign you the benefit of any warranties we hold in relation to the relevant vehicle or good (to the extent possible).

Notices

We will no longer serve you notices via fax.

Policies, Procedures, Codes & Documentation

Where the agreement makes reference to Policies, Procedures, Codes and Documentation not part of the agreement, we will provide you with reasonable notice of any changes to such documentation.

Representations

Any representations by you regarding the validity and enforceability of any clauses will be interpreted to mean that you are not aware of any circumstances that might make the clause/s invalid or unenforceable.

Set Off

Where we have a right to set off, we will only do so once:

a) We give notice to you or the Guarantor; or

b) You or the Guarantor fail to make a payment

Termination

 If a repudiation event is capable of being remedied, we will provide you with 5 business days after you receive written notice for us to remedy that event before terminating our Agreement with you.

Variations

Where an agreement allows for variation by us, we will notify you of any variation to the Fleet Agreement in writing and will obtain your prior written consent before implementing any variation that may increase your obligations or liabilities.