This Subscription Agreement (this “Agreement”) between Auto|ONE Group Limited (“AutoONE”) and the customer identified at the end of this Agreement (“you”) is dated as of the date that appears at the end hereof (the “Effective Date”), and sets forth the terms of a subscription for an initial 12 month period (with option for early termination), which allows month-to-month renewal forc ertain vehicles (each a “Vehicle”) offered for subscriptions by AutoONE. The term “AutoONE ” shall also include any assignees of this Agreement, as applicable.
This Agreement describes the terms under which you may participate in AutoONE’s Vehicle subscription program (the “Program”). AutoONE shall offer Vehicles from its Fleet under its Program to you for subscription on a 12 month basis, renewable every calendar month (“the Subscription Period”). You understand you are not buying the Vehicle. Your subscription of any particular Vehicle shall be subject to execution of an addendum to this Agreement (a “Vehicle Agreement”). To participate in the Program, you must:
- Except as otherwise required by law, have a current driver’s license valid for use in the jurisdictions in which you will use any Vehicle.
- Be at least 25 years of age.
- Allow AutoONE to periodically verify that you hold a valid driver’s license in order to provide such information to AutoONE ‘s insurance carrier (the “Insurer”);
- Allow AutoONE or the Insurer to periodically access and review your driving record as more fully described in Section 4 below for purposes of determining your eligibility for insurance coverage under the Insurance (as defined in Section 3 below);
- Be the only authorized driver, except as otherwise provided in this Agreement; and
- I understand that information provided to AutoONE will be utilized to pre-qualify me for a lease or loan or subscription service based on my credit history WITHOUT affecting my credit score. If I decided to subscribe for a vehicle, my information will be used to complete a full credit check, for which I may be contacted to provide additional information.
- Pay the one-time initiation fee of $175.00, prior to delivery of your first vehicle.
AutoONE is not obligated to enter into any Vehicle Agreement. It will only do so after it approves the proposed terms of the Vehicle Agreement and determines, in its sole discretion, that you and the proposed terms satisfy its eligibility requirements at that time. Even if AutoONE has previously provided you with a Vehicle under the Program, AutoONE may refuse to provide you additional Vehicles.
USING THE VEHICLE
- You will only use the Vehicle for personal, family, or household use, and will operate the Vehicle only on properly maintained roads and parking lots.
- You will not use the Vehicle for commercial, for-hire, or ride-sharing purposes (e.g., Uber and Lyft) and will not sublease or subcontract the Vehicle (e.g., Getaround and Turo).
- You will comply with all applicable laws, driver’s license laws, and all laws pertaining to the operation of motor vehicles. For example, you will ensure the proper use of safety belts and child safety restraints for all occupants and you will obey all applicable motor vehicle laws, speed limits, codes, and regulations, including all local ordinances and/or state laws addressing distracted driver restrictions.
- You will not take the Vehicle outside of Canada without prior written permission from AutoONE.
- AutoONE is not liable for any injury, death, or damage arising out of the use of the Vehicle by you or any other person you allow to operate the Vehicle, with or without AutoONE‘s consent.
- You will keep the Vehicle free from any liens, confiscations or claims.
- You will not use the Vehicle in any illegal manner, or for any unlawful purpose.
- You will not allow anyone other than yourself to operate the Vehicle, except as otherwise expressly agreed to in writing by AutoONE (“Permitted Secondary Driver”).
- You will not use any illegal drugs prior to or while driving the Vehicle. You agree to never drive the Vehicle while impaired by alcohol, marijuana, drugs, medication, illness, fatigue, or injury.
- You will pay AutoONE for any excess mileage or excess wear and use in accordance with this Agreement and any Vehicle Agreement.
- You will notify AutoONE of any changes to your contact information, including changes to your address, email, and phone number.
- You will not smoke in the Vehicle and you will not permit any other person to smoke in the Vehicle.
- You will pay any Subscription Payments (as defined in Section 6 below) or any other fees in accordance with this Agreement and the Vehicle Agreement.
INSURANCE, DAMAGE AND LOSS
- Under the Program, you are required to obtain insurance in your name with terms and conditions acceptable to AutoONE, which will cover the vehicle for damages and for related liabilities (the “Insurance”). A current copy of the Insurance must be available to AutoONE at the time of execution of any Vehicle Agreement (“Insurance Information”). The insurance will be in your name and will be subject to a maximum deductible for collision and comprehensive of $1,000. The Insurance may be changed by the Insurer at any time. If the Insurance is changed, a copy of the new Insurance Information must be provided to AutoOne prior to any such change. The Insurance provided shall cover, to the extent required by applicable law, the applicable provincial statutory minimum requirements for insurance coverage.
You agree that your subscription authorization, provides AutoONE with the right to use your information in an application for insurance. You acknowledge that your driving record effects the insurance quote received from the insurers, and that a bad driving record – determined at AutONE’s sole discretion may result in you being ineligible for a vehicle under the subscription agreement.
- The Insurance provides coverage in limited amounts for certain property damage and bodily injuries for which you may incur liability or otherwise be legally responsible. The coverage limit and any deductible costs for which you are responsible are as described in the then current Insurance Information. You understand that the Insurance may not cover all of the amounts you may owe for any accident, Total Loss (as defined in Section 11 below) or other loss. You should make your own determination based on coverage described in the Insurance Information whether you need supplemental coverage for any potential damage or loss. You acknowledge that the Insurance acts as excess coverage over any other insurance policies you have that cover the Vehicle. You authorize AutoONE to endorse in your name on cheques, drafts or other instruments from the Insurer. AutoONE has the power to settle or release any claim under the Insurance or otherwise related to AutoONE‘s interest as owner of the Vehicle.
- Your Insurance is not to be provided for any use of a Vehicle by any driver other than you and any Permitted Secondary Driver. However, if such coverage is mandated by law, then the limits of such protection will be the minimum financial responsibility limits required by law in the jurisdiction where the accident occurs or the claim is adjudicated.
- You have the risk of loss, and are responsible for any and all loss and damage not covered by the Insurance that occurs to, or that is caused by the Vehicle, and you are responsible for the full value of any damages or injuries caused to third parties or their property to the extent the Insurance does not cover such damages, regardless of the reason for such non-coverage and regardless of whether you breached this Agreement. Such damages include, without limitation, any diminution in the value of the Vehicle as a result of an accident, the repair costs (estimated or actual) for the Vehicle and any third-party property, injuries to third parties, costs associated with the recovery or transportation of the Vehicle, costs associated with theft, flood, fire, weather, and accident (including replacement cost) and the loss of use of the Vehicle or any third-party property, including their vehicle. You authorize AutoONE to take any action that AutoONE believes to be required to protect its interest in the Vehicle, except as otherwise prohibited by law.
- You will immediately report any Vehicle accident, theft, or other incident to AutoONE and the police. You will cooperate with the Insurer in connection with any such event in order to effectuate the terms of the Insurance.
- Cost of the insurance coverage will vary depending on the type of vehicle subscribed to and your riving record and will be billed to you directly by your insurance provider.
Your driving record and license are factors in AutoONE‘s ability to obtain supplementary Insurance for the Vehicle. You must maintain a good driving record, and you authorize AutoONE from time to time during the term of this Agreement to check your driving records in the province of your driver’s license and any jurisdiction where AutoONE or the Insurer deem appropriate. If you do not continue to meet the Insurer’s eligibility requirements for Insurance, AutoONE may, in its sole discretion, suspend or end this Agreement and/or any Vehicle Agreement.
If you are charged or cited with a moving violation of any kind, a criminal non-moving violation in connection with the use of the Vehicle, or a violation of any other kind in connection with the Vehicle, you will immediately notify AutoONE. Further, if your license is suspended, revoked, becomes invalid or cancelled, if any restrictions or other limitations are imposed on you, if you are involved in any accidents that appear on your driving record, or if you are charged with or receive a citation for driving under the influence of alcohol or drugs, dangerous, or reckless driving or exceeding the relevant speed limit, you will report such suspension, revocation, invalidity, cancellation, conviction or citation promptly to AutoONE. Among other things, such events, or the failure to notify AutoONE immediately of any such events, may lead to a loss of Insurance, including coverage for a particular occurrence, and will give AutoONE the right to immediately end a Vehicle Agreement and/or this Agreement.
- You understand that each Vehicle is equipped with hardware consisting of one or more devices (e.g., OBD plug- in device, storage or transmission device) that allows Auto One to access information about the Vehicle, including Global Positioning System (GPS) location, vehicle use data, and diagnostic information (“Device”). You consent to the installation of the Device and to the use of the Device as described in this Section 5. You consent to the collection and use of the Data as described in this Section 5.
- Auto One requires installation and use of the Device as a condition to the subscription of any Vehicle by AutoONE. The Device may, but may not necessarily, collect the following information, or information substantially similar to the following (collectively, the “Data”):
- date and time of information collection and transmission;
- Vehicle Identification Number (VIN);
- location-based information (such as direction heading, latitude and longitude, also known as GPS);
- driver behavior information that determine driver’s overall risk categorization (e.g., speed, use of the accelerator, brakes, steering, seatbelts, and other similar information about how the vehicle is used);
- Engine and/or transmission parameters (e.g., temperature, RPM);
- diagnostic information (active diagnostic trouble codes);
- distance information (odometer readings);
- trip information (detects vehicle ignition startup and shutdown)
- feature utilization (e.g., remote unlock/lock, infotainment use);
- HVAC system information (e.g., selected temperature and changes, cabin temperature and other conditions); and
- collision information (Collisions/accidents detected).
- AutoONE may access and use this Data during the Term or any time after you are in possession of the Vehicle. AutoONE will use the Data on the Vehicle to, among other things, assess the mileage for each Subscription Period of the Vehicle, assess whether the Vehicle is being used within Canada, locate the Vehicle in the event you default under the Agreement or any Vehicle Agreement, if the Vehicle is stolen, and for any other lawful purpose. AutoONE shall be permitted to share the Data for any lawful purpose.
- You understand that the Device and the Data are the property of AutoONE. Should maintenance or repair be required, including need to replace the Device, you will make the Vehicle available to AutoONE during AutoONE’s normal business hours. AutoONE may remove the Device at any time while the Vehicle is in service. You are not permitted to tamper with, alter, disconnect, or remove the Device from the Vehicle, and you will pay the cost to replace or repair the Device if you do so. You acknowledge that if AutoONE is unable to capture mileage Data necessary for Subscription Period mileage billing purposes for any reason, whether the fault of your actions or not, Auto One will assess an Excess Mileage Charge (as defined in Section 7 below) in accordance with the option you selected in accordance with the applicable Vehicle Agreement the next time AutoONE is able to assess mileage on the Vehicle.
- To the extent permitted by law, you agree to hold harmless AutoONE, its agents, employees, and independent contractors, individually and collectively, from all claims, demands, causes of action, damages, costs, liabilities, or losses, in law or equity, to property or person suffered or sustained by any other person or entity arising out of or resulting from the intended use of the Device in the Vehicle.
PAYMENTS AND LATE PAYMENT FEES
You will make the monthly payment for the subscription of the Vehicle as described in a Vehicle Agreement (the “Subscription Payment”) on a prepaid basis, and you will pay for the first Subscription Period of use of a Vehicle on or prior to the day you first receive the Vehicle. You will also pay any Additional Charges (as defined below in Section 7) and as described in any Vehicle Agreement when they are assessed by Auto One. All Subscription Payments and Additional Charges shall be made through a credit card (a “Card”) that AutoONE shall maintain on file, or by any other means that are approved by Auto One. You agree to complete documentation that Auto One provides to you to authorize the payment of your Subscription Payments and Additional Charges via a Card.
You will owe AutoONE the following when this Agreement ends: (a) any Subscription Payments already due and unpaid at such time under any Vehicle Agreement, (b) any official fees, tickets and taxes as applicable, (c) any excess mileage or excess wear and tear fees, and (d) any other amounts due and unpaid under this Agreement or any Vehicle Agreement, including, without limitation the Additional Charges (as defined below in Section 7).
Any amount which you fail to pay when due will bear interest at 1% per month calculated monthly. Interest on overdue payments, including overdue payments of interest, will be calculated and compounded monthly, both before and after default and judgment, and will be payable on demand. The rate of interest may change at any time without notice to you.
- Mileage: You shall pay AutoONE for any kilometer coverage fees as provided in any Vehicle Agreement (the “Excess Kilometer Charge”). You authorize AutoONE to use Data from the Device in order to determine your Vehicle mileage. You agree that such Data shall, absent manifest error, serve as conclusive evidence of your Vehicle mileage.
- Wear and Use: In the event repairs are required to the Vehicle for any reason then you will bring the Vehicle to the place designated by AutoONE for inspection. You agree that you will initiate any repairs, through an Insurance claim, the Warranty, the Maintenance Plan or otherwise to the repair facility designated by Auto One, to ensure that damage to, or mechanical issues with the Vehicle that were not included on any Initial Damage Report (as defined in the Vehicle Agreement) at the time of delivery of the Vehicle and/or were the result of unreasonable or excessive wear and use beyond AutoONE’s standard wear and use guidelines (the “Standard Wear Guidelines”) are fixed. The Standard Wear Guidelines are as described on Exhibit A hereto, as such may be changed by Auto One from time to time upon notice (“Exhibit A”). Upon the return of the Vehicle to Auto One, you are responsible for paying estimated costs to repair damage to, or mechanical issues with, the Vehicle that were not included on any Initial Damage Report and/or were the result of unreasonable or excessive wear and use beyond Auto One’s Standard Wear Guidelines, that were not repaired prior to return to Auto One (such estimated costs to be referred to as the “Excessive Wear Charge”). Whether the Vehicle contains excess wear and use will be determined by AutoONE in its sole discretion. The Excess Wear Charge shall be due for all wear and damage outside of the Standard Wear Guidelines that is not repaired prior to the time when the Vehicle is returned to AutoONE.
- In addition to the Excess Mileage Charge and the Excess Wear Charge, you shall also pay the additional charges, as the law allows, at the time they are assessed by AutoONE , as more fully described on Exhibit B hereto (“Exhibit B”), as such may be changed by AutoONE from time to time upon prior notice (collectively, the “Additional Charges”). Additional Charges may continue to accrue until any outstanding Vehicle is returned to the place AutoONE specifies or until you provide documentation regarding the loss or theft of the Vehicle. Neither return of the Vehicle nor the ending of either of the Agreement or Vehicle Agreement shall end your responsibility to make all payments due to AutoONE, including any Additional Charges.
RETURNING THE VEHICLE
You may cancel or end a Vehicle subscription only as provided in the Vehicle Agreement. To do so, you must comply with all the requirements for returning the Vehicle stated in the Vehicle Agreement, including any notice requirements and return instructions. You must follow any additional return instructions AutoONE gives you.
- You must continue to pay the Subscription Payment and any Additional Charges for each Subscription Period until the Vehicle is returned to AutoONE, or paid in full in the event of an insurance claim, even if the Vehicle Agreement ends.
- You must remove all personal items from the Vehicle before returning the Vehicle. If any personal items are in the Vehicle, we may take them and store them. If you do not ask for such items back in accordance with any written instructions from AutoONE at the time of such return, AutoONE may dispose of them as the law allows.
YOU ACKNOWLEDGE THAT YOU ARE ACCEPTING THE VEHICLE “AS-IS” AND “WITH ALL FAULTS” AND ACCORDINGLY THAT AUTO ONE MAKES NO EXPRESS WARRANTIES AS TO THE VEHICLE AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE VEHICLE OR ANY OF ITS PARTS OR ACCESSORIES.
The Vehicle comes with a maintenance plan that will cover the cost of the normal regularly scheduled maintenance as required by the manufacturer. (“Maintenance Plan”). There is no separate charge for the Maintenance Plan. You will keep the Vehicle in good operating and clean condition, including taking the Vehicle in to Auto ONE’s designated maintenance facility (each, a “Designated Facility”) for regularly scheduled maintenance in accordance with the manufacturer’s minimum recommendations, when a dashboard notification (for example, maintenance light or check engine light) is activated, and in accordance with requirements that AutoONE may provide from time to time. You are responsible for any additional servicing of the Vehicle, and for keeping all records associated with Vehicle maintenance for inspection by AutoONE. You are also responsible for all maintenance, repair, and service costs not covered by Insurance or the Maintenance Plan. The Maintenance Plan may be amended from time to time by AutoONE , subject to providing you with any notice required by law
AutoONE may use the Device for diagnostic purposes, and access the Vehicle to inspect its condition or to perform maintenance.
You are not allowed to perform maintenance services yourself. You will comply with all recall notices applicable to the Vehicle, give AutoONE access to the Vehicle, or deliver it to a location specified by AutoONE, as needed to perform recall repairs.
You will pay for all operating costs, including, but not limited to, gas, oil, antifreeze, parking fees, tolls, cleaning fees, fines, towing, confiscation recovery fees, and replacement tires (the matching brand and model tire is required when replaced). Unless you obtain AutoONE’s written consent beforehand, you will not make any changes to a Vehicle which would decrease its economic value or functional utility in AutoONE’s opinion. Any changes made to a Vehicle which cannot be removed at no cost to AutoONE and/or without decreasing its economic value or functional utility will become AutoONE’s property when made. AutoONE may inspect the Vehicle at any reasonable time. You must not modify, disconnect, or otherwise interfere with the operation of the odometer, emissions control equipment, the Device, or any other equipment installed on or in the Vehicle.
AutoONE may replace the Vehicle in your possession for an equivalent Vehicle if AutoONE determines that there are mechanical or other issues with the Vehicle that cannot be corrected or repaired in a timely fashion, or if the Vehicle is no longer covered by the Maintenance Plan. In addition, AutoONE may, at its sole discretion, request return of a Vehicle so that it can be used for other purposes and/or retired from the Program. You will receive notice at least one billing period before any requested return. In cases where Auto One requests a Vehicle be returned, AutoONE or its Fleet Partners will make reasonable efforts to offer you a similar vehicle, however, AutoONE cannot guarantee that a replacement vehicle will be available for you. In such event, your subscription under the related Vehicle Agreement will not be renewed.
DEFAULT, TERMINATION, AND REPOSSESSION
Either party may end this Agreement without cause upon thirty (30) days prior written notice.
If you are in default of this Agreement, AutoONE may end this Agreement, and any Vehicle Agreement and any and all related party subscriptions, including, without limitation, any subscriptions guaranteed or co-subscribed by me, immediately upon notice to you. You will be in default under this Agreement if:
- you fail to pay the Subscription Payment or other amount due under this Agreement, including, without limitation, any Additional Charge;
- you are not eligible and/or cannot obtain insurance as required and detailed under Section 3, or are in default of the insurance coverage for any reason whatsoever;
you allow the Vehicle to be confiscated, forfeited, or become the subject of a lien regardless of whether the Vehicle is the subject of an action by a private party, such as a mechanic, or through judicial or administrative proceedings;
- you die, or become disabled so as to be unable to operate the Vehicle, or are legally incapacitated;
- Vehicle is lost, stolen, or damaged beyond repair (a “Total Loss”);
- you transfer or encumber the Vehicle or attempt to do so;
- AutoOne determines you are in breach of this Agreement or any Vehicle Agreement;
- you provide false or misleading information in your application to Auto One; or
- You fail to do anything else this Agreement or a Vehicle Agreement requires you to do.
- If you are in default or this Agreement is ended, AutoONE or an authorized repossession agent may without breaching the peace, repossess the Vehicle from you wherever AutoONE finds it. You authorize AutoONE, or an authorized repossession agent, to lawfully enter any property where the Vehicle is located to take possession of and remove the Vehicle. AutoONE shall, after repossession, hold the Vehicle free of any rights you may have under this Agreement, subject to any right you may have under applicable law to recover the Vehicle. If any personal items are in the Vehicle, we may take them and store them. If you do not ask for such items back in accordance with any written instructions from AutoONE at the time of such repossession, AutoONE may dispose of them as the law allows.
- In addition to taking possession of the Vehicle, AutoONE may in its sole discretion, exercise one or more of the following remedies if you are in default under this Agreement or the Agreement is ended:
- End this Agreement and/or the Vehicle Agreement;
ii. Require you to deliver the Vehicle at a location reasonably designated by AutoONE;
iii. Use judicial or administrative proceedings to enforce AutoONE’s rights under this Agreement and/or any Vehicle Agreement; and
iv. Exercise any other right or remedy available to AutoONE.
- AutoONE shall have the right to seek its remedies to the fullest extent provided in this Agreement and under the law. No election by AutoONE to exercise one form of remedy shall constitute a waiver of AutoONE’s right to exercise any other remedy.
- You will pay AutoONE all costs and expenses (including attorneys’ fees and costs and fees of collection agencies) incurred by AutoONE in enforcing any of the terms, conditions, or provisions of this Agreement, to the extent the law allows.
You will indemnify, defend, and hold AutoONE and its assignees, agents, and Insurer(s) harmless for any liabilities, claims, losses, damages, expenses, or legal actions, including reasonable lawyer’s fees (on a full indemnity basis) to the extent permitted by law, arising out of or as a result of the condition, possession, operation, or use of the Vehicle. This includes any parking tickets, moving violations, or other citations received by you or others while in possession of the Vehicle.
REPRESENTATIONS, WARRANTIES AND COVENANTS
You represent, warrant and covenant as of the Effective Date and on each day that you use a Vehicle that: (i) you are legally entitled to operate a motor vehicle under the laws of every jurisdiction in which you operate the Vehicle; (ii) you will not operate the Vehicle or permit the Vehicle to be used in violation of any laws, or in any negligent or illegal manner; (iii) you will not use the Vehicle or permit the Vehicle to be used for an illegal purpose; and, (iv) you will never drive the Vehicle or permit anyone else to drive the Vehicle while impaired.
You may not assign this Agreement or transfer any Vehicle to anyone without the prior written permission of AutoONE.
You acknowledge and agree that AutoONE may assign this Agreement or any of AutoONE’s rights under this Agreement to another company (“Assignee Company”). If AutoONE assigns this Agreement or the right to payments hereunder, then you agree to pay Assignee Company directly all payments due hereunder, including the Subscription Payment and any Additional Payments that may accrue under a Vehicle Agreement in the event you are notified that Assignee Company has been assigned this Agreement. In furtherance thereof, you consent to AutoONE providing the details of this Agreement, each Vehicle Agreement and your information, subject to applicable law, to Assignee Company. Any Assignee Company to whom this Agreement is assigned may reassign it. Any assignment by AutoONE will not be deemed to materially change your duties, burden or risk under this Agreement or any Vehicle Agreement.
AutoONE is hereby authorized to send notices and correspondence to you at the electronic and physical addresses you provide to AutoONE. If your contact information changes, you will inform AutoONE within thirty (30) days of the change by logging into your online profile or emailing email@example.com . You expressly consent and agree that Auto One can contact you using written, electronic, or verbal means, including by manual dialing, email, in-app messaging, leaving prerecorded/artificial voice messages or using an automatic telephone dialing system to call or text your mobile/cellular telephone number provided to AutoONE in your application, as necessary to service your account and as the law allows.
The provisions of Sections 3, 5, 6, 7, 9, 11(d), 12, 15, 16, 17, and 19 shall survive the expiration or termination of this Agreement for any reason.
If any portion of this Agreement is found to be unenforceable, the remainder of the Agreement shall survive and be enforceable.
This Agreement, including any Exhibits, constitutes the entire agreement between you and AutoONE, except as supplemented by any Vehicle Agreement. AutoONE reserves the right to modify any provision of this Agreement, any Vehicle Agreement, and any Exhibit, upon no less than thirty (30) days’ prior notice to you in accordance with Section 15. Unless you end this Agreement and/or any Vehicle Agreement, as applicable, you will be deemed to have accepted such changes. Any notice required to be given to you will be made to the contact information provided to AutoONE , as such may be changed by you from time to time in the manner designated by AutoONE . If this Agreement is ended for any reason, then you will not be able to enter into any further Vehicle Agreement unless and until a new subscription agreement is executed by both parties.
No delay or omission by AutoONE in its exercise of any right or power occurring upon any noncompliance or default by you or any Permitted Secondary Driver with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. Any waiver by AutoONE of any covenant, condition, or agreement to be performed by you or any Permitted Secondary Driver shall not be deemed to be a waiver of any prior or subsequent breach of the same, or of any other covenant, condition, or agreement hereunder. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise. If any term, provision, covenant or condition of this Agreement is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if this Agreement had been executed with the invalid portion eliminated. The parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.
ELECTRONIC CONTRACTING AND SIGNATURE
You agree that (i) this Agreement is an electronic contract executed by you electronically, (ii) your electronic signature signifies your intent to enter into this Agreement and that it is legally valid and enforceable as if signed by pen and (iii) the authoritative original copy of this Agreement (“Authoritative Copy”) is that electronic version AutoONE stores in a document management system designated for the storage of authoritative copies of electronic records, which shall be deemed held by AutoONE in the ordinary course of business. If the Authoritative Copy is converted to a printed paper version marked as the original (the “Paper Contract”), then you acknowledge and agree that (1) your electronic signing of this Agreement also constitutes issuance and delivery of such Paper Contract, (2) your electronic signature affixed to the Paper Contract constitutes your legally valid and binding signature and (3) after converting to the Paper Contract, it will be the only original.
BY SIGNING THIS SUBSCRIPTION AGREEMENT, YOU AGREE TO ITS TERMS, AND ACKNOWLEDGE THAT YOU HAVE READ THIS SUBSCRIPTION AGREEMENT AND RECEIVED A COPY ON THE DATE WRITTEN BELOW.
STANDARD WEAR GUIDELINES
- Exterior Body Panels
- Scratches larger than 2”, or multiple scratches per panel, will be considered damage. Damage will be considered a scratch if it is through the paint. Generally this can be determined if a fingernail catches on the scratch when running fingernail along painted surface. Light markings not through the paint will be considered normal wear and tear
- Dents including paint damage larger than 0.5” or multiple dents per panel will be considered damage. Dents smaller than .05” will be considered normal wear and tear if there are no more than two per panel
- No charge: Scratches and gouges up to 2 inches
- All interior damage is chargeable
- All glass damage is chargeable:
- Repair charge – Up to two (2) chips/cracks per panel (excludes heated windshield) that each fit within a 1 inch circle
- Full replacement charge – All other cases
- All glass damage is chargeable:
- Tires must be free of sidewall damage/plugs, free of exposed cords/belts and an appropriate match for the vehicle
- Lenses (Headlamps, tail lamps, markers)
- No charge: Scratches and scuffs
- Registration, Toll, Parking & Traffic Occurrences/Violations: AutoONE will, to the extent permitted by applicable law, keep the Vehicle registration current. You are responsible for and will pay all parking, traffic, and toll violations, other expenses and penalties, all towing, storage, and impound fees, and all tickets charged to the Vehicle arising out of the use, possession, or operation of the Vehicle by you or any other driver, whether a Permitted Secondary Driver or otherwise, as well as all government charges, fees, and taxes whether assessed on you, AutoONE (as a result of the Vehicle), or the Vehicle (collectively, the “Government Charges”). If you do not pay such Government Charges, AutoONE has the right to do so for you, and you will pay AutoONE upon demand, plus a handling fee of $50 per occurrence (the “Handling Fee”). You authorize AutoONE to use the payment method you have on file if AutoONE is owed any reimbursement for payment of the Government Charges and the Handling Fee. These charges will payable by you to Auto One when AutoONE receives them and bills you. AutoONE, in its sole discretion, may equip your vehicle with a toll device, and in such cases AutoONE will bill you for the tolls paid for by this device. AutoONE will bill you for any tolls it pays for with a device or otherwise and you agree to pay all such amounts when billed to you.
- Recovery Expenses: You will pay a recovery fee of $150 if AutoONE needs to recover the Vehicle from you or any third party, plus the actual cost incurred by Auto One in recovering, repossessing, storing, or reconditioning of the Vehicle or any expenses suffered by AutoONE as a result of a seizure or impoundment by governmental authorities or otherwise, including the removal of any mechanic’s liens.
- Collection Expenses: You will pay all costs of any kind incurred by AutoONE in collecting fees or charges from you or the person to whom they are billed, including, but not limited to, all lawyer’s fees.
- Late Payment Fees: You will pay a late payment fee in the amount contained in your Vehicle Agreement for any balance past due as specified in Section 6 above.
- Lost Keys/Key Fobs: If you lose the keys/key fob to the Vehicle, Auto One may charge you for the cost of replacing such keys/key fob and of delivering or towing the Vehicle to the nearest repair facility approved by AutoONE plus a handling fee of $50 per occurrence.
Long Distance Return Fee: If you require a pickup of a Vehicle out of AutoONE’s then current service range, or you fail to provide the Vehicle at the time of the agreed upon return appointment, additional fees may be charged, based on AutoONE’ then-current return policy.
- Cleaning Fee: You are responsible for returning the Vehicle in clean condition. In instances where the vehicle is returned dirty, customers may be charged a $100 cleaning fee, plus any applicable taxes, in addition to any other charges that may be owed in connection with the Vehicle’s condition.
- Smoking Fee: Smoking is not permitted in the Vehicle. If Auto One reasonably determines that you or anyone else smoked in the Vehicle, you will be charged a detailing fee of $300, plus any applicable taxes.
- Low Fuel Fee: You are required to return the Vehicle with a full tank of gas. If you return your Vehicle with less than the required level of fuel, Auto One will charge you $30 plus the cost of gas, plus any applicable taxes.
- No Show Fee: If you make an appointment for a return, and fail to provide the Vehicle at such time, a service fee of $50 may be charged.
- Repair Fee: In addition to any Excess Wear Charge, if Auto One receives the Vehicle back with any damage requiring body work, you shall pay the cost of repair, plus a fee of $40 per day for each day the Vehicle is unable to be re-rented, up to a maximum of $900.