Installation and use of charging infrastructure and conditions for use of charge card

1. Installation and use of charging infrastructure by driver

1.1. This clause applies to the installation and the use of a charging infrastructure at the private residence of the driver of an electric vehicle (EV) and the undertakings of the Client and the driver in that respect.

1.2. In the event Client provides a charging infrastructure to the driver as an inherent accessory to the use of an EV (and thus as part of the monthly lease instalment), Client acknowledges that LeasePlan will retain ownership over the charging infrastructure throughout the entire duration of the right of use of the EV. Client is thus aware that :

1.2.1. Charging infrastructure will remain a movable asset during the entire duration of use of the EV despite its installation at the residence of the driver, with exception of early termination of the right of use of the charging infrastructure before the actual end date of the right of use of the EV (as a result of termination of the work relation with Client for whatever reason, as a result of a driver switch or as a result of a driver moving to another residence). If such early termination occurs, the book value of the charging infrastructure will be settled with the client; 1.2.2. Upon termination of the right of use, the ownership of the charging infrastructure will automatically be transferred to the owner of the property (on which the infrastructure has been installed), unless Client (on behalf of driver) or driver informs LeasePlan in writing within 10 working days as of notification by LeasePlan of the decision to have the infrastructure removed. In case charging infrastructure needs to be removed, driver will be charged with a fixed removal cost.

1.3. The charging infrastructure will be installed and managed by a supplier of LeasePlan. As a consequence the supplier will guarantee proper functioning of the infrastructure and bears responsibility for any hidden or other defects.

1.3.1. Client recognizes hereby that :

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1.3.2. Client also recognizes that the driver has the obligation to notify his/her insurer, the insurer of the landlord or the insurer of the condominium to ensure that the coverage under the fire insurance policy remains applicable and covers the charging infrastructure throughout the entire duration of the right of use of the EV. Client is hereby informed that LeasePlan will not bear any responsibility for any damage that would result from the incorrect or non-information of the fire insurer of the installation and operation of the charging infrastructure by the driver.

1.3.3. Client recognizes thereby that no warranty is given by LeasePlan in relation to the charging infrastructure and its functioning. Therefore, Client undertakes not to seek any indemnity from LeasePlan in that respect.

1.3.4. Client is also aware that LeasePlan is not responsible for the maintenance of or repairs to the charging infrastructure. Any such action must therefore be undertaken under the responsibility of the driver. The Client therefore waives any right to a claim against LeasePlan in case of malfunctioning or other defect, including hidden defects, to the charging infrastructure, as well as any direct or indirect damage arising from any malfunctioning or defect.

1.3.5. In case of transfer of ownership, LeasePlan will provide driver with the closing transfer of ownership document.

1.4. Before the ordering of the EV and the charging infrastructure, whether or not via the applicable LeasePlan platform, the driver also needs to be clearly informed about the modalities mentioned above in articles 1.2 and 1.3. Acceptance and acknowledgment of those modalities by the driver will be required from driver directly (without which the ordering process cannot be finalised).

However, in case the driver is not involved in the ordering process of the EV, Client commits to inform the driver in a clear and transparent way about the implementation as well as the resulting obligations borne by said drivers related to the charging infrastructure as described in articles 1.2 and 1.3. Those conditions are included in the document entitled ‘Declaration from the driver’ which will be sent by LeasePlan to the Client each time an order is placed for an EV with the installation of a charging infrastructure. Client commits to forward this Declaration to the drivers concerned.

1.5. If a charging infrastructure cannot be used due to maintenance, damage, repair, defects, connectivity issues, faults or otherwise, this shall not affect client’s obligation to pay the lease price and any related charges.

1.6. LeasePlan will endeavour to have the charging infrastructure installed by its Supplier before the effective delivery date of the EV. If however, installation of the charging infrastructure beforehand would not be feasible for reasons independent from LeasePlan, Client will not be able to delay the reception (i.e. effective delivery) of the EV for a period exceeding 30 calendar days.

2. Conditions for use of charge card

2.1. These conditions will apply to the use of a charge card to be made available by LeasePlan to the Client. These conditions will form an integral part of the leasing agreement(s).

2.2. Use of Charge Card

2.2.1. Charge cards will be the property of LeasePlan. The charge card to be provided by LeasePlan may be used by the Client to charge the relevant vehicle at charging stations.

2.2.2. The charge card shall always be used in accordance with the instructions issued by LeasePlan and the charge card remains the property of LeasePlan.

2.3. Fees

2.3.1. A fee for the use of the charge card and the associated handling, administration and reporting by LeasePlan is included in the monthly lease instalment.

2.3.2. All payments made using the charge card will be fully payable by Client. Any costs related to the use of the charge card shall be added to the monthly invoices.

2.3.4. The costs for using any Charging Station shall be indicated in the App (including VAT) and/or on the Charging Station itself before the start of the charging process.

2.3.5. After termination of its right of use, Client may no longer use the charge card and the Client will be under the obligation immediately to destroy charge card with a view to make it unusable, or cause third parties to do so.

2.3.6. LeasePlan will charge the Client for any electricity costs reimbursed to any of its drivers for the electricity used by such drivers via their home charge infrastructure. LeasePlan's administration shall be considered conclusive evidence of such payments and the Client cannot dispute such payments.

2.4. Abuse, loss and liability

2.4.1. Client will be liable for payments made using the charge card by unauthorized persons and for all damage suffered by LeasePlan or a third party as a result of unlawful use, misuse, abuse, loss or theft of the charge card. Client will indemnify LeasePlan against any third-party claims in that respect.

2.4.2. Client will not be liable if it has been objectively established that the relevant charge card has been subjected to 'skimming'.

2.4.3. In the event of unlawful use, misuse, abuse, loss, theft or suspected skimming of the charge card, Client will immediately notify LeasePlan thereof.

2.4.4. The EV that is charged via a charging infrastructure as well as the required tools such as the cable must satisfy all the valid legal provisions at all times. LeasePlan shall not be liable if the EV cannot be charged or cannot be safely charged due to a defect in the electric Vehicle and/or the used tools.

2.4.5. In no event will LeasePlan be liable for the consequences of a possible rejection of the charge card by or the occasional malfunctioning of a charge card.