Leasing contract query

[rikdogguk]

Hi all

I’m looking to start my first lease agreement and received a contract from Zen autos. Ive read through it and noticed a delivery date is not specified, and that the contract only obliges Zen to deliver when it’s “available from the manufacturer”. After querying lead in with Zen when pushed they’ve said “around six months”.

I can live with a six month lead in but I am wary of signing a contract which places no time obligation on the supplier for delivery of the service. It feels very one sided! Is this normal for a lease agreement?

Cheers

RD

[Canon_Fodder]

Yes it is very one-sided OP.

I suggest you get an 'in-stock' car to avoid being exposed to an open-ended lead time.

Alternatively you could ask to insert a clause that gives you the right to cancel the agreement if delivery isn't made by a certain date - good luck with that though

[rikdogguk]

Thanks for replying! I ended up going with Vanorama, better deal and no quibble cancellation up to 30 days after delivery. So at least if they mess me around I can look elsewhere!

[Canon_Fodder]

rikdogguk said:

Thanks for replying! I ended up going with Vanorama, better deal and no quibble cancellation up to 30 days after delivery. So at least if they mess me around I can look elsewhere!

Yes that 30 day return seems ok (although I see it has to be under 50 miles over the delivery mileage to qualify). Obviously that's not related to your original issue of being stuck with an open-ended lead time

Cancelling after placing an order (but before delivery) seems a little more complicated... Their T&Cs re cancellation aren't going to win any awards for Plain English...

[i] Your cancellation rights as a consumer
Please note, the provisions in this section ('Your cancellation rights as a consumer') of these Terms only apply if you are a consumer.

As a consumer, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and within the definition of those Regulations, you have the lawful right to cancel the contract during the cancellation period / cooling-off period as defined in these Terms.

This includes where you choose to cancel a contract because we have been affected by an event outside of our control or where we change these Terms as defined under the section 'Variations to these terms or variations to your order'. This means that during the cancellation period / cooling-off period, should you decide for whatever reason that you do not want to receive the goods and/or our Services, please notify us using the 'Contact us' section of these Terms and you will be reimbursed for any secured deposits or payments made in advance without interest.

Your lawful right to cancel a contract commences from the date you receive the order confirmation, which is also the start date of your contractual agreement with us. You have 14 calendar days to cancel your contract with us under the Consumer Contracts Regulations. Advice about your lawful rights is available from your local Citizens Advice Bureau or Trading Standards office.

Should you decide to cancel an order with us, and you have secured with us any payment in advance of goods and/or Services that have not yet been provided or delivered to you, you will be reimbursed for such amounts without interest. However, should you choose to cancel an order, for any of the reasons listed in this section above, and we have already commenced any work on your order for goods and/or Services by the time we are required to cancel, you will be required to pay us any costs we have reasonably incurred in starting to fulfil your order. This charge will be deducted from any refund that is due to you. Where no refund is due to you, such costs will be invoiced to you and we will affirm these costs with you when you contact us to make the cancellation. If, however, excluding any events outside our control, you have cancelled an order with us due to our failure to comply with these Terms, you are not required to make any payments to us.

In the instance where you have cancelled an order for goods, and we have already dispatched these goods to you, we are unable to cancel your order until it has been delivered. In the instance this happens, and the goods are returned to us, you will be charged for the cost of collection or will need to pay to have the goods returned to us. This in no way affects any applicable refund that is due to you but any charge for collection will be deducted or invoiced to you.

Your cancellation rights are reserved in that once we have commenced providing our Services to you, you may cancel the contract for our Services at any time by providing us with a minimum of 30 calendar days' notice in writing. Where you have secured with us any payment in advance of any goods and/or Services that have not been provided or delivered to you, you will be reimbursed for such amounts without interest.

You reserve the right to cancel the contract for our Services at any time and with immediate effect by providing us with written notice. Such cancellation Terms will be enforced where any of the Terms of this contract are breached by us in any material way and we fail to rectify the situation within 7 days of you asking us to do so in writing. You also reserve the right to cancel the contract should we, change these Terms to your material disadvantage, enter liquidation, or a receiver or administrator is appointed over our assets, or for any affected events outside of our control.

These cancellation rights will not apply where you have requested our Services to be performed during the cancellation period and you have accordingly acknowledged your responsibility to pay the deposit, or reasonable sums falling due, for our Services during the cancellation period. These cancellation rights will also not apply where you have placed an order for goods which have been made-to-your-requirements as we are not able to cancel an order of this type once made. [/i]

Edited by Canon_Fodder on Wednesday 17th November 19:21

Edited by Canon_Fodder on Wednesday 17th November 19:22

[Canon_Fodder]

^^^^ edited twice to try to get their T&Cs in italics - utter format fail on my part

[rikdogguk]

Haha I can’t make sense of those either… I went off the returns policy which says:-


‘If Your Vehicle Hasn't Been Delivered Yet
Even if you've signed an order and paid a deposit, we guarantee to give you a no-quibble refund and we won't charge you a thing if you need to cancel your order’

Hopefully it won’t come to it but I’d think it hard for them to wriggle out of that!

[Canon_Fodder]

Yes I agree - that sounds crystal clear. I'd take a screen shot of that bit, just in case