hire agreement 2009 - university of edinburgh€¦ · bike to work scheme - employee hire agreement...

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Bike to Work Scheme - Employee Hire Agreement Hire Agreement regulated by the Consumer Credit Act 1974 White Layer – Employer Copy Pink Layer - Edinburgh Bicycle Copy Yellow Layer – Employee Copy First Name Surname Employee No. Service Area Tel. No. (Work) Home Address Tel. No. (Home) Postcode Email Mobile No. (“employee” or “you” or “your”). This Hire Agreement sets out the terms and conditions under which (employer): with its principal office at: (“the employer” or “we” or “our” or “us”) will, if we accept your order by countersigning this agreement including the terms and conditions overleaf which are hereby incorporated in and form part of this agreement (“Hire Agreement”), provide to you a bicycle and related safety equipment (together “the Goods”) to the value set out in this Hire Agreement for use by you for the principal purpose of your travel to and from your workplace with us during the Period (as defined in the following table). 1 Length of Hire Period (months) (“the Period”) 2 Total Value of Hire Please complete section 3&4 if employer is passing VAT saving onto employee. Please go straight to no. 5 if employer is unable to pass VAT saving onto employee. 3 Less VAT deduction 4 Non-VAT items (including value) 5 Total reduction in gross pay 6 Monthly deduction from gross pay (“the Reduction”) The first Reduction will be applied to your next date of pay after we sign this Hire Agreement. In signing this Hire Agreement, you are representing that you are our employee and that you will use the Goods for journeys to and from your place of work at least 50% of the time and once your order is accepted by us a binding contract between you and us is formed for the provision of the Goods to you for the foregoing purpose subject to this Hire Agreement. The Goods are supplied to you by us for the Period and you hereby agree to the reduction to your gross pay by way of the Reduction in payment for such supply of the Goods to you. You hereby agree to and will abide by the terms of this Hire Agreement. You hereby agree that in the event that you cease to be employed by us during the Period or enter into an unpaid leave situation before the end of the Period, we shall be entitled to make a one-off deduction from your net pay in accordance with clause 8 of the terms and conditions overleaf and in the event that insufficient funds are available to satisfy all outstanding sums then due under this Hire Agreement, you hereby undertake to us to reimburse us within six weeks of so leaving our employment. You hereby acknowledge that this Hire Agreement is a voluntary arrangement and a variation to your contractual terms of employment with us. IMPORTANT – YOU SHOULD READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS The Consumer Credit Act 1974 covers this Hire Agreement and lays down certain requirements for your protection which must be satisfied when the agreement is made. If they are not, the employer cannot enforce this Hire Agreement against you without a court order. If you would like to know more about your rights provided under the Act, you should contact either your local Trading Standards Department or your nearest Citizens’ Advice Bureau. This is a hire agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms. Signature of employee (hirer):____________________________________________ Date of Signature:____________________ Name of employee (hirer):_______________________________________________ FOR OFFICE USE ONLY Signed for and on behalf of the employer: Name of the employer:_________________________________________________ Signature:___________________________________________________________ Date of Signature: ___________________ Name and position of individual signing:_______________________________________________________________________

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Page 1: hire agreement 2009 - University of Edinburgh€¦ · Bike to Work Scheme - Employee Hire Agreement Hire Agreement regulated by the Consumer Credit Act 1974 White Layer ... clause

Bike to Work Scheme - Employee Hire Agreement Hire Agreement regulated by the Consumer Credit Act 1974

White Layer – Employer Copy Pink Layer - Edinburgh Bicycle Copy Yellow Layer – Employee Copy

First Name Surname Employee No.

Service Area

Tel. No. (Work)

Home Address

Tel. No. (Home)

Postcode Email Mobile No.

(“employee” or “you” or “your”). This Hire Agreement sets out the terms and conditions under which (employer): with its principal office at: (“the employer” or “we” or “our” or “us”) will, if we accept your order by countersigning this agreement including the terms and conditions overleaf which are hereby incorporated in and form part of this agreement (“Hire Agreement”), provide to you a bicycle and related safety equipment (together “the Goods”) to the value set out in this Hire Agreement for use by you for the principal purpose of your travel to and from your workplace with us during the Period (as defined in the following table).

1 Length of Hire Period (months) (“the Period”)

2 Total Value of Hire

Please complete section 3&4 if employer is passing VAT saving onto employee. Please go straight to no. 5 if employer is unable to pass VAT saving onto employee.

3 Less VAT deduction

4 Non-VAT items (including value)

5 Total reduction in gross pay

6 Monthly deduction from gross pay (“the Reduction”)

The first Reduction will be applied to your next date of pay after we sign this Hire Agreement. In signing this Hire Agreement, you are representing that you are our employee and that you will use the Goods for journeys to and from your place of work at least 50% of the time and once your order is accepted by us a binding contract between you and us is formed for the provision of the Goods to you for the foregoing purpose subject to this Hire Agreement. The Goods are supplied to you by us for the Period and you hereby agree to the reduction to your gross pay by way of the Reduction in payment for such supply of the Goods to you. You hereby agree to and will abide by the terms of this Hire Agreement. You hereby agree that in the event that you cease to be employed by us during the Period or enter into an unpaid leave situation before the end of the Period, we shall be entitled to make a one-off deduction from your net pay in accordance with clause 8 of the terms and conditions overleaf and in the event that insufficient funds are available to satisfy all outstanding sums then due under this Hire Agreement, you hereby undertake to us to reimburse us within six weeks of so leaving our employment.

You hereby acknowledge that this Hire Agreement is a voluntary arrangement and a variation to your contractual terms of employment with us.

IMPORTANT – YOU SHOULD READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS

The Consumer Credit Act 1974 covers this Hire Agreement and lays down certain requirements for your protection which must be satisfied when the agreement is made. If they are not, the employer cannot enforce this Hire Agreement against you without a court order. If you would like to know more about your rights provided under the Act, you should contact either your local Trading Standards Department or your nearest Citizens’ Advice Bureau.

This is a hire agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms.

Signature of employee (hirer):____________________________________________ Date of Signature:____________________

Name of employee (hirer):_______________________________________________

FOR OFFICE USE ONLY Signed for and on behalf of the employer: Name of the employer:_________________________________________________ Signature:___________________________________________________________ Date of Signature: ___________________ Name and position of individual signing:_______________________________________________________________________

Page 2: hire agreement 2009 - University of Edinburgh€¦ · Bike to Work Scheme - Employee Hire Agreement Hire Agreement regulated by the Consumer Credit Act 1974 White Layer ... clause

Bike to Work Scheme - Employee Hire Agreement Hire Agreement regulated by the Consumer Credit Act 1974

White Layer – Employer Copy Pink Layer - Edinburgh Bicycle Copy Yellow Layer – Employee Copy

Terms and Conditions These terms and conditions form part of and apply to the Hire Agreement and any terms defined overleaf will have the same meaning in these terms and conditions. 1. We will provide you with the use of the Goods for the Period and throughout the Period the Goods will remain our property. 2. During the Period, you agree to the Reduction being deducted from your gross pay in accordance with the details agreed overleaf by way of a salary sacrifice arrangement. The amount of your pay you agree to sacrifice in connection with the provision of a non-cash benefit (i.e. the Goods) will be regarded as a pensionable emolument.

3. At the end of the Period your gross pay at that time will be increased by the Reduction. During the final month of the Period we will write to you to advise you of the final arrangements for the Goods and you will make the Goods available for collection by us, or our representative, following expiry of the Period unless other arrangements have been agreed with between you and us. 4. Any warranty conditions supplied with and applying to the Goods will apply for the Period. This does not affect your statutory rights. If you experience a problem with the Goods within the duration of the warranty period, you should contact the Edinburgh Bicycle Co-operative on 0845 257 0808. 5. You will bear the entire risk of loss, damage or theft of the Goods from the time you have received them and throughout the duration of your possession of the Goods thereafter. Throughout the Period of hire you must insure the Goods against theft, loss or damage and you must keep the Goods in good working order. This Hire Agreement and the Reductions agreed under it remain in force throughout the Period even if the Goods are lost, stolen or damaged. 6. You hereby acknowledge and agree that the employer has not and will not undertake any safety checks of the Goods and any part thereof and no such checks will be undertaken except for those checks carried out by Edinburgh Bicycle Co-operative as part of its normal retail sales procedure. You are solely responsible for the inspection and maintenance of the Goods at all times during the Period. You agree that you will at your own cost maintain the Goods in good repair and working order through the Period. You also acknowledge and agree that physical exercise is not suitable for everyone and if you have any concerns about your suitability to use the Goods, particularly if you suffer from any illness or medical condition, then you should consult an appropriate medical practitioner prior to using the Goods. You also acknowledge and agree that you should be familiar with the UK Highway Code before using the Goods on public roads. Nothing in this Hire Agreement is intended to nor shall be deemed to limit our liability for death or personal injury caused by our negligence.

7. You must not hire out, transfer or otherwise dispose of the Goods or any part thereof. You undertake that during the Period you will not make any alterations to the Goods or any part thereof that decreases the value of the Goods or compromises or affects any safety or operational qualities of the Goods or any part thereof. 8. Termination of employment – If your employment with us terminates for any reason before the end of the Period, you agree to pay to us the sum of the Reduction multiplied by the number of pay periods remaining until the end of the Period on such termination of your employment by way of compensation for your non-completion of this Hire Agreement (“compensation fee”). We shall deduct the compensation fee from your final net pay, which means that you will lose the benefit of the tax and N.I. savings on such deduction. If you have insufficient net pay to cover the compensation fee, you agree to pay to us the unpaid balance of the compensation fee within six weeks of receipt of an invoice after the end of your employment and the Period will end on the date on which you make such payment in full to us. 9. Suspension of Payments - If you enter an unpaid leave situation during the Period, we may, at our discretion and in relation to this Hire Agreement only, treat you as a leaver as set out under paragraph 8 above and in the event that we do so treat you, you undertake to pay to us the compensation fee for the non-completion of this Hire Agreement in accordance with paragraph 8 above.

10. By entering into this Hire Agreement you agree to pay the full amount due under the terms of this Hire Agreement subject to any cancellation rights that you may have. You will not be able to cancel your order for the Goods or terminate this Hire Agreement (other than for cause due to our breach or by paying the termination fee as set out under paragraph 8 above, which will incur financial penalties). It is therefore very important that you fully understand the commitment you are taking on before ordering the Goods under this Hire Agreement. You should not order Goods if you do not wish to be bound by the obligation to make full payment under the terms of this Hire Agreement. 11. You acknowledge and agree that both we and the Edinburgh Bicycle Co-operative may process any information provided by you for the purpose of ensuring that this Hire Agreement is properly administered.