Business leasing contract terms by Migros Bank

Leasing contract

Scope of the contract

1. This Leasing Agreement (hereinafter the "Agreement") governs the contractual relationship between the Bank and the Lessee in connection with the purchase and provision of the leased item.
2. The parties are aware that the cash purchase price and the situation on the capital market may change up to the date of purchase of the leased item or its payment in full by the Bank. The Lessee accepts that the Bank may amend the above terms and conditions (including the monthly leasing instalments) accordingly. The Lessee will be notified of the changes after the sale agreement has been concluded or after the leased item has been paid for, by means of a "Summary of conditions" communicated in text form. The notice shall form an integral part of this Agreement and shall take precedence over this Agreement in the event of any inconsistency.
3. The terms and conditions of the Lessee are only valid if they have been accepted in writing by the Bank in the specific case. The validity of the Supplier's conditions remains unaffected.

Request for information

4. The Lessee authorises the Bank to request information from third parties, such as debt enforcement agencies or the appropriate information and intelligence services, and to this end releases the Bank from banking and commercial secrecy. In particular, the Bank is authorised, if necessary, to disclose this Agreement and to exchange all useful information with such third parties.
5. This Agreement shall automatically lapse if it transpires that legal proceedings have been instituted against the Lessee after conclusion of the Agreement or in the 3 years preceding conclusion of the Agreement. In this case, the account shall be settled in accordance with section 51 of the Bank's General Terms and Conditions of Leasing (GTL) and the item must be returned to the Bank if it has already been delivered to the Lessee.

RPLP

6. The Lessee hereby consents to the Bank obtaining from the Directorate General of Customs (DGD) all information and data relating to the Lessee's current and future HVF statements that it requires in connection with its joint and several liability pursuant to Art. 36, 36a and 36b of the Ordinance on a Heavy Vehicle Fee (HVFV) (or subsequent provisions). The Lessee expressly releases the Bank from banking and commercial secrecy in this regard. In particular, the DGD is authorised to provide the Bank, at the Bank's request and prior to the conclusion of the Contract, with all information relating to any HVF decreed in respect of the Lessee/Lessee but still due.
7. In the event of subsequent notification of HVF arrears by the DGD pursuant to Art. 36b HVFV and in its other contacts with the DGD, the Bank for its part is authorised, within the framework of its requests pursuant to Art. 36a of the Ordinance on a Heavy Vehicle Fee (HVFV), to disclose to the DGD this Agreement and the individual leasing contract concerned and to exchange with the DGD all information required.

Information obligations

8. No later than four months after the end of the financial year, the lessee shall submit to the Bank, without request, the annual financial statements (comprising the balance sheet, income statement and notes) audited by the auditors as part of the ordinary audit, including the audit report and the budget.

General Terms and Conditions of Leasing

9. The Bank's General Terms and Conditions of Leasing (GTC) form an integral part of this Agreement. By signing, the Lessee certifies that he/she has received, read and understood the GTC and accepts their content.