These Terms and Conditions apply to all transactions between Jigsaw Finance Limited and all of its subsidiary companies (herein after called 'The Company') of Genesis Centre, North Staffs Business Park, Innovation Way, Stoke on Trent, ST6 4BF and you (herein after called 'The Introducer').
Confirmation of Authority
You acknowledge that you have provided us with the correct bank details for the purpose of paying finance advances to you by BACS or similar electronic transfer. You have indicated that you are an authorised signatory for 'the introducer', by proceeding with this transaction. You have authorised the nominated finance company (herein after called 'The Lender') to make payment solely to the bank account detailed above. The Company or Lender are not liable if it transpires that any monies should have been paid to a different account.
Company; Jigsaw Finance Limited and any of its subsidiary Companies. Jigsaw Finance Limited is authorised and regulated by the Financial Conduct Authority, Firm Reference Number 679612.
Lender; Any or all of the finance houses with which The Company transacts business.
Agreement; Any finance agreement between the Lender and the Customer relating to the sale/purchase or hire/hire purchase of a particular asset proposed by The Introducer.
Asset; Vehicle or equipment to be bought by the Lender to be provided to a Customer pursuant to a particular Agreement.
Customer; Customer as defined in a particular Agreement who will be utilising the Asset.
Invoice; An invoice relating to the sale of a particular Asset to the Lender or to the Customer.
Data Protection legislation; All applicable laws relating to data protection including the EU General Data Protection Regulation 2016/679 (GDPR).
The proposed Asset must be the sole property of the Introducer and free of all charges, liens and encumbrances. The Introducer will sell the Asset to the Lender at the cash price stated on the Invoice including VAT.
The description and cash price of the Asset as stated on the Invoice will be correct in all respects.
The Invoice will contain all of the following information specific to the proposed Asset:
3. Asset Condition, Satisfactory Quality, Consumer Rights Act 2015
Where the Asset is a motor vehicle it will be of satisfactory quality, fit for purpose, and comply in all respects with any representations or conditions or warranties, whether express or implied, made by The Introducer or any employee or agents of The Introducer. The motor vehicle should have a valid MOT with a minimum of 6 months remaining, have been through a Pre-Delivery inspection and carry a suitable Mechanical/Electrical Warranty.
Amount to be paid by the Lender will be the cash price less the finance deposit or any initial rental payment paid to The Introducer. The Introducer will settle any existing finance agreement on the proposed Asset and clear title must be evidenced prior to payment being made by the Lender. The Introducer will settle any liens and encumbrances on part exchange assets that are associated with the Agreement.
The Asset will be insured for the use of The Customer with comprehensive cover or as detailed in the Lender's Agreement terms and conditions.
The Introducer is not The Company or the Lender's agent save as is provided by the Consumer Credit Act 1974 and the Introducer shall not hold itself out as being The Company's or Lender's agent other than for this purpose.
7. Cash Price
The cash price shown on the Agreement represents the price at which the Introducer is prepared to deal in cash. The part exchange allowance (if any) as shown in the Agreement represents the reasonable value of the asset traded in to the Introducer by the Customer.
8. Passing of Title
The Introducer understands that the Lender will purchase the Asset from the Introducer only if the Customer and the Lender enter into the Agreement. The signing of the Agreement by the Lender shall be sufficient acceptance by the Lender of this offer to sell the Asset to the Lender. Title will pass to the Lender immediately on signature of the Agreement. The risk will then pass direct from the Introducer to the Customer.
9. Supply of Vehicle
(i) The Introducer shall deliver the Asset to the Customer as soon as the Agreement is made. Delivery for this purpose is a matter at the Introducer's sole discretion and may include delivery to the Customer's address as set out in the Agreement or collection by the Customer of the Asset from the Introducer's premises. The Agreement shall be made when it has been signed by the Customer and the Lender and the Lender has paid the Introducer for the Asset in full cleared funds. Under no circumstances must the asset be delivered to any other address. The Introducer must ensure that the Asset is only delivered to the Customer as named on the Finance Agreement.
(ii) Before release of the Asset the Introducer must check the identity of the Customer by seeking appropriate proof in accordance with clause 12 below. If the Introducer has any doubts as to the identity of the person seeking to take the Asset, subject to compliance with its own anti money laundering procedures, the Introducer must ring the Company on 01782 366420 and await instructions.
(iii) The Introducer acknowledges and agrees to:
(i) The amount of commission to be paid by the Company to the Introducer shall be agreed separately between the parties.
(ii) For early/partial settlement, all commissions paid to the Introducer will be debited back in line with the existing arrangement negotiated by the Company with the respective Funder.
(iii) In the event of fraud/litigation the Company reserves the right to debit back the commission in full subject to any other provisions of this agreement. All commissions will be paid monthly in arrears on the 18th of the month.
(iv) The Company reserves the right to amend rates and terms in line with any changes in monetary costs. If the Introducer is at any time unsatisfied (which shall at all times be a matter for the Introducer's discretion) with amendments to rates and terms it may terminate this agreement forthwith by providing the Company with written notice. If at any time the Company or Introducer terminate the trading relationship the above provisions relating to debit back will continue to apply for all agreements written prior to termination. In the event of termination of this agreement for any reason the Company shall pay all commissions due in accordance with the terms of this agreement in relation to Agreements entered into prior to termination.
11. Minimum Balance and Period
The minimum balance financed must be £2,000 over a period of no less than 24 months.
12. Validation of Proofs
(i) Unless otherwise instructed in writing the Company will always require proper verification of an applicant's/Customer's address and signed photograph proof of their identity in accordance with your obligations under the Anti Money Laundering ("AML") Regime. Proper verification of an applicant's/Customer's address and signed photographic proof of their identity for this purpose will be undertaken where the Introducer has viewed the original and taken copies of the following (and a copy is forwarded to the Company):
(ii) One form of identification must include photographic proof of identity. Additional information may be requested as a condition of approval.
(iii) The Introducer will take all reasonable steps to satisfy itself that the original photographic identification provided by the Customer is a true depiction of the Customer whose details appear in the credit Agreement.
13. Licensing and Documentation
(i) In performing its obligations under this Agreement, the Introducer agrees to comply with all applicable statutes and regulations including, without limitation, the AML Regime, the Anti Bribery Act 2010, the Consumer Credit Act (CCA), the Financial Services and Markets Act 2000 (FSMA) and the Financial Conduct Authority Consumer Credit Sourcebook ("CONC"), together with any subordinate legislation or re- enactments ("the Consumer Credit Regime").
(ii) Where relevant, the Introducer must ensure that it meets face to face with the Customer prior to the Customer signing the Agreement and, in particular, ensure that the Customer signs the Agreement at the Introducer's trade premises.
(iii) For business concluded with no face to face contact (via telephone, internet or other means) the Introducer will, at all times, comply with the Financial Services (Distance Marketing) Regulations 2004 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and any amendments thereof.
(iv) Where documents are signed away from trade premises under the Consumer Credit Act provisions suitable Agreements must be used and the Introducer must ensure the appropriate proofs as out earlier in this Agreement are obtained. If there is any doubt regarding such proofs, subject to the Introducer complying with its own anti-money laundering policies the Introducer must contact the Company immediately and until such time as the Introducer is given acceptance to proceed the documents must not be submitted for approval.
(v) In the case of a part exchange vehicle, the Introducer warrants that it has received a vehicle enquiry search which confirms that there are no current third party or financial interests recorded, and has cleared any outstanding finance revealed by any such search, and that the vehicle is not registered as stolen or has been the subject of an insurance write-off.
(vi) If the Customer notifies the Introducer of their wish to cancel the Agreement, the Introducer will immediately advise the Company accordingly and it will treat any request to cancel submitted by a Customer in person or over the telephone as a request equally valid to requests submitted in writing.
(vii) Where an Agreement has no right of cancellation but does have a right of withdrawal the Introducer will:
(viii) In accordance with instructions which the Company's funders may issue from time to time, the Introducer shall take reasonable and appropriate steps to collect and verify information concerning the Customer's financial situation and resources in order to assist the Lender to assess the creditworthiness of the Customer for the purposes of CONC.
(ix) The introducer shall:
(x) The Company insists that the Introducer does not deliver the Asset until the application has been accepted and any conditions fulfilled or before the transaction has been paid out. Should any additional information be brought to the Company's attention prior to payout then the original decision may be reversed.
(i) Either party may terminate this agreement by giving the other 1 month's written notice but may also terminate this agreement with or without any notice if the other party commits any breach of this agreement and does not remedy the breach within 7 days or the other party committing any material breach of this agreement or where the other party threatens to cease or ceases business or presents or has any form of insolvency petition including a bankruptcy petition or administration order or receivership order presented against it or enters into any composition with creditors or is the subject of any analogous proceedings in any other jurisdiction or the control of the other party or its parent Company changes.
(ii) Termination of this Agreement shall not affect the continued existence and the validity of the rights and obligations of the parties under those clauses which are expressed to survive termination and any provisions of this agreement necessary for the interpretation or enforcement of this agreement.
15. Data Protection & Consumer Consent
(i) The Introducer shall:
(ii) By requesting a settlement figure in relation to an account, the Introducer will be taken to have confirmed that, prior to submitting its request, it obtained from the Customer(s) concerned, at this specific time, personal details about the state of his/her/their account.
(iii) The Introducer agrees to indemnify and keep indemnified the Company (or any of its group companies or affiliates) in full and on demand against all liabilities, losses, damages, demands, actions, proceedings, claims, costs, expenses, fines, charges or settlements suffered or incurred by the Company arising out of or relating to its breach of this clause or it's negligence or wilful misconduct in the processing of Customers' personal data and sensitive personal data.
(iv) This section shall continue in full force and effect notwithstanding termination of this agreement.
16. IT Systems
When the Company allows the Introducer access to or use of the Company's IT system, the Company will provide the Introducer and its employees with passwords and user names. These are confidential and shall not be disclosed to, or used by any other party without the prior written consent of the Company. The Introducer is responsible for the security of any passwords and usernames that are provided to it or its employees.
(i) No representations will be made by the Introducer or its employees or agents that are in any way inconsistent with the written terms of the Agreement.
(ii) All group companies of the Introducer that pass business to the Company will be bound by the above terms and obligations detailed in this agreement.
(iii) The Introducer agrees to indemnify the Company for all claims, demands, losses, costs and expenses incurred or suffered by the Company as a result of or connected to any breach of this Agreement by the Introducer. The provisions of this clause shall not be affected by termination of this Agreement and shall remain enforceable by the Company notwithstanding any such termination.(iv) The Company shall obtain and maintain in force for the duration of this agreement all necessary consents, approvals, authorisations, licenses (including but not limited to FCA authorisation) and permissions which it is required to obtain in order to enable it to perform its obligations as a broker. The Company shall indemnify the Introducer for all loss it suffers whatsoever as a result of the Company's failure to comply with this clause.
18. Intellectual Property
The Introducer shall not use the Company name or logos or the existence of this agreement for any publicity purposes. The Introducer shall not without the prior written consent of the Company use the Introducer's name or logo. Such consent may be withdrawn at any time by the Introducer. The provisions of this Condition shall survive the expiry or termination of this agreement.
19. Document Indemnity
For business introduced to the Company & associated lenders, in consideration of the Lender agreeing to advance funds to the Introducer on receipt of non-original finance documents (i.e. emailed or faxed versions), the Introducer agrees as follows in relation to every Agreement:
(i) To ensure that all finance documentation is completed correctly and in accordance with such instructions as shall have been provided by the Lender and or the Company.
(ii) To ensure that the proofs required under the terms of the Finance and Leasing Association code of practice are obtained;
(iii) Where required by the Lender, to post the original signed finance documentation and proof to the Company of Genesis Centre, North Staffs Business Park, Innovation Way, Stoke on Trent, Staffordshire, ST6 4BF on the same day that non-original documents are sent to the Company (including all of its subsidiary companies);
(iv) To co–operate with all reasonable requests from the Company in relation to resolving outstanding items and/or locating missing documentation;
(v) Where the original signed documentation is not faxed or emailed to the Company within seven days of the date on which the Company makes payment to the Introducer, the Introducer hereby agrees to reimburse to the Company without set off (for any reason) all advances made by the Company under the relevant finance agreement and to indemnify the Company on demand against any further loss arising from this advance payment arrangement;
(vi) The Introducer further agrees that where a Customer exercises any right to cancel or withdraw from an agreement or prospective agreement pursuant to any existing Statutes or Statutory instruments affecting these transactions the repayment terms as stipulated above will apply without set off and the Introducer will reimburse the Company accordingly.
20. Law and Jurisdiction
This agreement is governed by English law and the parties submit to the jurisdiction of the English courts.
Last updated: 8th May 2019.