Contractual conditions relating to hire with option to purchase
The credit agreement includes the following information:
I.-Object and parties to the contract:
1.1. The name or company name and address of the lessor;
1.2. The surname, first name and address of the lessee;
1.3. Where applicable, the surname, first name and address of the joint tenant;
1.4. The purpose of the finance and a description of the leased property;
1.5. The name, company name and address of the seller (1);
1.6. The cash price including tax of the leased property;
1.7. The duration of the transaction;
1.8. The final sale price at the end of the lease, expressed in euros and/or as a % of the cash price including tax of the leased asset;
1.9. Where applicable, the sale price during the lease, expressed in euros and/or as a % of the cash price including tax of the leased property;
1.10. The words: The lessee benefits from a fourteen-day withdrawal period, and the lessor reserves the right to grant or refuse the lease within seven days of acceptance of the credit agreement by the lessee.
II.-Cost of the lease:
2.1. The frequency of rental payments;
2.2. The amount of the rents, expressed in euros and/or as a %, of the cash price including tax of the leased property;
2.3. The number of rents;
2.4. The total rents including VAT, expressed in euros and/or as a % of the cash price including VAT of the leased property;
2.5. The total cost of the transaction if the property is purchased at the end of the lease, i.e. the sum, expressed in euros and/or as a %, of the cash price including tax of the leased property, the total rental payments and the final sale price.
III.-Payment of rents by the lessee:
3.1. Proposed payment terms.
IV.-Securities and insurance:
4.1. Where applicable, the surname, first name, address of the person acting as surety;
4.2. Where applicable, the nature of the insurance required to obtain the financing;
4.3. Where applicable, the amount of the security deposit, which will be returned at the end of the lease or deducted from the sale price when the property is purchased.
V.-Formation of the rental contract:
5.1. The right of withdrawal and its terms;
5.2. The conditions for approval by the lessor;
5.3. The tenant’s rights and obligations relating to delivery of the property;
5.4. The lessee’s rights and obligations relating to the automatic termination of the contract;
5.5. The statement: Any prior undertaking to pay the seller in cash in the event of the lessor’s refusal to grant credit is null and void by operation of law.
VI.-Lessee’s default:
6.1. A warning relating to the consequences of a default by the lessee;
6.2. The indemnities and, where applicable, the costs of non-performance that the lessor may claim from the lessee in the event of the lessee’s default, together with the procedures for adjusting and calculating them.
VII.-Dispute resolution:
7.1. The mediation procedure referred to in Article L. 316-1 of the Monetary and Financial Code and its access arrangements;
7.2. The dispositions de l’article R. 312-35 du code de la consommation;
7.3. The address of the Autorité de contrôle prudentiel mentioned in article L. 612-1 du code monétaire et financier and that of the administrative authority responsible for competition and consumer affairs.
(1) If the leased property is purchased by the lessor from another seller.