Attached files
Exhibit 10.9
[LOGO OF AUTOOASIS]
RENTAL CONTRACT OF VEHICLE WITH OPTION TO BUY
PARTICULAR CONDITIONS:
As First party
Mr/Mrs.
NIE
Address:
THE CLIENT
And second Party ARROW CARS S.L. with C.I.F. n(0)B92914282 incorporated and
registered in the Mercantile Registry of Malaga - Reference: volume 4467, book
3376, folio 196, sheet MA-95972, inscription 1and address in C/Escritor Herrera
Santaolalla, 2, Churriana. 29140, Malaga,
EXIBIT:
The CLIENT is interested in a vehicle rental agreement with a subsequent option
to buy the car from ARROW CARS S.L. By virtue of the above both parties agree to
regulate their relationship according to the following CONDITIONS:
FIRST.- The client is interested in renting the following vehicle:
Matricula:..........; Make & Model:........
SECOND.- The client is interested in renting the above mentioned vehicle for a
maximum of.....months, from..... to..... In case any of the monthly payments
will be defaulted, this contract will be considered cancelled, accordingly with
the GENERAL CONDITIONS of this contract.
THIRD.- The client pays the amount of.......on account of the monthly rental in
order to reduce the future payments accordingly to the amounts reflected in the
schedule of payments attached.
The client has chosen the AUTOOASIS CARE PACK called............., which monthly
price is .......(euro). Conditions are set in Annex II of this contract.
The price of the monthly rental will be calculated accordingly with the schedule
of payments attached to this contract, for a maximum number of months
of......for 00 (EURO), including the CARE PACK chosen by the client, by direct
debit in the following bank account:
Bank:
Address:
Bank Account Number:
The client authorize to ARROW CARS S.L. to charge the rental in the above
mentioned bank account. These charges may vary with changes in the taxes
charging the services provided, changes in the Arrow Cars General Insurance
policy prices or any other change that oblige to Arrow Cars to change the amount
of the charges. These variations will be communicated to the client in writing.
FOURTH.- The client accepts the conditions of the vehicle, having being informed
of his/her right of returning the car within the next 7 working days after
signing the present document and to cancel this contract with no penalty
obtaining the full refund of the money paid today.
FIFTH.- Once every rental will be paid as per the Schedule of payments attached,
ARROW CARS SL gives to the client the option to buy the car subject of this
contract, under the conditions described in the GENERAL CONDITIONS of this
contract, which purchase price, will be the result of adding the total amount
paid today, together with all payments made for the rental payments (as per the
schedule of payments attached), and therefore all the payments for the rent will
be deducted of the price of the car.
SIXTH - Both parties accept and agree that this contract is formed by these
PARTICULAR CONDITIONS and by the GENERAL CONDITIONS attached, which the client
has read and understood and signed, together with this document.
SEVENTH - The client accept the use by ARROW CARS S.L. of his/her personal data
according to the Ley de Proteccion de Datos, being covered by the access and
correction right that this Law approve
Malaga 21/05/2013
GENERAL CONDITIONS
1. OWNERSHIP OF THE VEHICLE: ARROW CARS S.L., WILL BE THE OWNER OF THE VEHICLE
MENTIONED IN THE PARTICULAR CONDITIONS OF THIS CONTRACT UNTIL THE PAYMENT OF THE
LAST RENTAL FEE IS RECEIVED, as per the payment schedule attached, once the last
rental will be paid it will be considered that the client has executed the
option to buy the vehicle subject of this contract.
Once the last rental has been paid ARROW CARS SL will transfer the ownership of
the car to the client, free of charges and encumbrances.
2. INSURANCE, TAXES AND MAINTANENCE OF THE CAR: The client has chosen the most
appropriate AUTOOASIS CARE PACK SERVICE, which except contrary agreement
includes:
* Maintenance of the car as per the corresponding Annex.
* Road Tax
* ITV fees
* The Insurance of the car through ARROW CARS S.L. general policy with
the conditions set in the Annex corresponding to the CARE PACK.
In relation to which the client is obliged to:
1) Report to ARROW CARS SL of any accident within 24 hours since it
occurred.
2) Notify to ARROW CARS SL when they are going to leave the Iberian
Peninsula.
3) Report to the police and to ARROW CARS SL the car being stolen within
24 hours of it happening. In case of ARROW CARS for the purpose of
vehicle location.
4) Pay the recovery and transport costs of the car in case of breakdown,
when not covered by the insurance Terms & conditions.
3. REPAIRS: In case of breakdown of the car subject of this contract, the repair
is not included in the AUTOOASIS CARE PACK, hence, the client will be obliged to
inform to ARROW CARS S.L. within a maximum of 24 hours, since the breakdown
occurred. ARROW CARS S.L. will provide to the client detailed quotation for the
repairs, giving to the client 7 working days to obtain a second quotation repair
from any garage chosen by the client. Any parts included in said quotation must
be same quality as the parts included in the quotation provided by ARROW CARS
S.L. and the company must make the necessary repairs at the price given in the
quotation obtained by the client.
The garage chosen by the client must be a company or self trader, legally
registered. The quotation provided must be detailed and contain the applicable
taxes.
4. RETURN OF THE CAR: The client can request to ARROW CARS SL to cancel the
present contract by offering the return of the car, in writing, up to 24 hours
before the last rental fee, as per the spread sheet attached. If the client
returns the car prior to the end of the contract in a condition deemed not
saleable, ARROW CARS S.L, reserves the right to pursue the client for any
remaining rental payments owed to ARROW CAR S.L. by the clients and according to
the spread sheet attached. ARROW CARS SL will assess the condition of the car,
subject of this contract, being compulsory for the client to have fulfilled all
the obligations and payments related to this contract to ARROW CARS S.L. The car
must be of a saleable condition. This assessment of condition is solely the
discretion of ARROW CARS SL. In this case ARROW CARS SL will decide if accepts
the offer of the client and the value of the same, but without the right of
refunding to the client any amount paid.
2
5. TRACKERS: The vehicles rented by ARROW CARS S.L. are fitted with electronic
units for the purpose of: Localization of the vehicles and watching over the
fulfilment of the conditions of this contract as it is stated in the GENERAL
CONDITION 6 of it.
The client acknowledges having being informed that all the vehicles delivered by
ARROW CARS S.L. are fitted with a blockade & disconnection electronic remote
tracking system. This system is included in the vehicle rented in this contract.
The client accepts agrees and authorises, expressly, in case this contract will
be breached, and as stated in the previous CONDITIONS and accordingly to the
CONDITION 6 of this contract, that ARROW CARS S.L. will, after giving notice to
the client by means of any way admitted in Law, to block remotely the vehicle,
once it is parked.
6. CANCELLATION OF THE CONTRACT: This contract will be fully cancelled and,
therefore, ARROW CARS S.L, entitled to withdraw the vehicle from the client and
use the tracker systems described in the GENERAL CONDITION 5: 6.1. If the client
does not pay the rent, circulation tax, repairs, parts, services or insurance
premium or Care Pack. 6.2. By the lack of maintenance of the vehicle by the
client, accordingly with the CONDITIONS 2. 6.3. If the client does not fulfil
his/her obligation accordingly to GENERAL CONDITION 7. Also the car will be
reported by ARROW CARS SL to the authorities as stolen whilst the same is not
returned to ARROW CARS SL. C/Escritor Herrera Santaolalla, 2, Churriana. 29140,
Malaga.
7. OTHERS: The client is obliged to update ARROW CARS S.L. regarding their
contact details, updated valid postal address and bank account details during
the duration of this contract.
The car cannot be driven outside the Iberian Peninsula without the express and
written consent of ARRROW CARS S.L.
The car should be brought to ARROW CARS SL offices, at least, once a year for a
general check.
8. APLICABLE LAW: This contract is regulated by the Spanish Law.
9. JURISDICTION: In case of any kind of disagreement between the client and
ARROW CARS S.L. in the interpretation of the rules and conditions of the rental
agreement regardless of the nationality of the client, it will be subject to the
Court of Malaga.