Salary Sacrifice Agreement Terms & Cnditins This Agreement regulates yur participatin in the Simplydriveit prgramme, which has been implemented by Pendragn Cntracts Ltd fr (cmpany name here) Under the terms f the Agreement, the Emplyee yu will be prvided with a Vehicle fr yur wn use fr a perid f 36 mnths. This Agreement gverns the terms f the arrangement and yur Salary Sacrifice. By entering int this Agreement yu accept that the Salary Sacrifice Payments will be deducted frm yur grss salary. In return, yu will receive a Simplydriveit Vehicle fr the amunt f yur chice. This salary reductin will cntinue fr 36 mnths. By entering int this Agreement, yu are cnfirming that the Vehicle is fr yur scial, dmestic and business use. The Vehicle will be supplied by Pendragn Cntracts Ltd. The Vehicle remains the prperty f Pendragn Cntracts Ltd and yu may nt sell it r transfer wnership during the span f the Agreement. The Vehicle cannt be transferred t anther persn withut the cnsent f Pendragn Cntracts Ltd. When this Agreement has ended, the Vehicle may be dispsed f by Pendragn Cntracts Ltd fr fair market value. This Agreement des nt regulate the terms f this dispsal. This Agreement is hereby cnfirmed t vary Terms & Cnditins f emplyment between The Cmpany and yu. WHEREAS The Cmpany wishes t make available a vehicle t its emplyees as part f a Salary Sacrifice Benefit Scheme, as defined. Yu wish t receive the Vehicle and in return fr ding s will give up an element f yur Original Pay Perid Salary by way f a Salary Sacrifice as described. By this Agreement, yu and The Cmpany agree t vary the Emplyment Cntract made between yu and The Cmpany. IT IS HEREBY AGREED 1. Definitins "The Cmpany" means such f the subsidiary cmpanies f (cmpany name Ltd) as emplys the Emplyee frm time t time. "Original Pay Perid Salary" means yur pay perid salary n the assumptin that the Emplyment Cntract had nt been varied by this Agreement r any similar agreement. "Adjusted Pay Perid Salary" means the Original Pay Perid Salary less the grss cst f the Vehicle per pay perid. "Simplydriveit means this Salary Sacrifice fr Cars Scheme run by Pendragn Cntracts Limited "Emplyment Cntract" means the Terms & Cnditins f Emplyment between yu and The Cmpany.
"Salary Sacrifice" means the methd by which the cst f the Vehicle is deducted frm yur Original Pay Perid Salary befre Tax and/r Natinal Insurance are calculated. Tax and/natinal Insurance are then calculated n the lwer Adjusted Pay Perid Salary resulting in the Tax and/r Natinal Insurance saving fr yu. "System" means the Pendragn Cntracts Ltd ("carwebqute") system which yu use t select a Pendragn Cntracts Ltd Vehicle. "Scheme" means the scheme fr the prvisin f Vehicles fr the benefit f emplyees f The Cmpany. "Vehicle" (including Insurance, Maintenance, Radside Assistance & Rad Fund Licence) means the Vehicle prvided by Pendragn Cntracts Ltd "Variatin Term" means the perid f time, being nt less than 36-mnths fr which this Agreement is t apply. GAP Insurance means the difference between the mtr insurers settlement figure and the Agreement Terminatin Charge cvering a Vehicle up t a maximum value f 40,000. The maximum benefit payable is 5,000. BIK means the Benefit in Kind taxable value yu will be assessed n. The value depends n several factrs: The Vehicle's list price including any accessries and VAT It's carbn dixide emissins The type f fuel it uses P11D means the HMRC P11D frm used t reprt benefits that are nt put thrugh the payrll. Early Terminatin Charge means the value yu will be required t pay in the event f yur leaving the emplyment f The Cmpany: Perid Equivalent f: (fllwing delivery) (mnthly payments) In mnths 0-6 mnths 8 "Cntractual mileage" means the mileage recrded n the System. Any excess mileage will be charged at the rate as detailed n the vehicle qute. 2. Variatin f Emplyment Cntract Yu and The Cmpany hereby agree t cancel any previus Agreement entered int t allw yu t receive the Vehicle with immediate effect. Yu and The Cmpany agree t vary yur Emplyment Cntract fr the Variatin Term by way f a Salary Sacrifice as fllws: yu will cease t be entitled t the Original Pay Perid Salary yu will be entitled t receive the Vehicle chsen n the System and in this Agreement
yu and The Cmpany acknwledges that this Agreement cnstitutes a ntice f a variatin t the Emplyment Cntract fr the Variatin Term in accrdance with the prvisins f sectin 4 f the Emplyment Rights Act f 1996. 3. Vehicle Value Fr the purpses f this Agreement, the Vehicle Value (expressed in punds sterling) t be received under the Emplyment Cntract (as varied by this Agreement) shall be as declared by yu n the System, n this Agreement and reprted t The Cmpany. 4. Variatin Term The Variatin Term fr this variatin f the Emplyment Cntract shall cmmence n the 1st day f the expected mnth f delivery f the requested Vehicle and shall cntinue fr 36-mnths every pay day thereafter, until the cnclusin f this Agreement. 5. Incme Tax, Natinal Insurance and P11D The prvisin f a Vehicle via Salary Sacrifice is treated fr Incme Tax and Natinal Insurance purpses as a BIK. The actual Incme Tax savings depend n the highest marginal rate at which yu pay Incme Tax. Under the Simplydriveit Scheme yu are liable fr a BIK Tax as yur Vehicle will be prvided under The Cmpany Car Scheme. The BIK is reprted annually n yur P11D. 6.Cmpliance with Natinal Wage Legislatin Once yu have been accepted nt the scheme, yu agree that if yu are unable t sacrifice part f yur salary due t yur earnings cmplying with Natinal Minimum Wage legislatin, The Cmpany will make the sacrifice n yur behalf in the frm f a lan. We will then deduct this lan in full r part as sn as yur salary is abve the Natinal Minimum Wage. If the The Cmpany has t make 6 sacrifice payments n yur behalf, we may need t cnsider the remval r reductin f the benefit and yu may still be charged the early terminatin fee. 7. Respnsibility Yu cnfirm that yu : Are respnsible fr selecting the exact specificatin f the Vehicle Understand that GAP insurance, which wuld cme int effect in the event f yur writing ff the Vehicle, is included in the cntract and that the maximum benefit payable is 5,000. Understand that Early Terminatin Insurance is included in the cntract t cver: yur death lss f Licence n medical grunds but nt in the event f yu leaving yur emplyment with The Cmpany. Understand if yu resign frm yur emplyment during the prvisin f the benefit, yu will be liable fr an Early Terminatin Charge as utlined in "Definitins" Understand that resignatin within the first 12 mnths may result in repayment f the tax and Natinal Insurance savings made during the prir perid
Understand that the same Early Terminatin Charge will apply shuld yu be dismissed frm emplyment fr miscnduct. Understand that the GAP insurance has the fllwing exclusins: Suicide death due t alchl abuse prir knwledge f a terminal illness Understand that additinal exclusins may apply frm the Vehicle insurance prvider detailed in the Key Facts dcumentatin that will be prvided in due curse. Understand that the annual Rad Fund Licence will be sent t yu at each renewal perid and yu are respnsible fr displaying this in the Vehicle Understand that rutine servicing and maintenance ("Maintenance") f the Vehicle is included in the cntract. Yu are respnsible fr ensuring the Vehicle is maintained within the manufacturers service schedule. Failure t adhere t this culd result in additinal charges. Fr insurance services t remain valid the first and subsequent services f the Vehicle must nt be exceeded by mre than 1000 miles r 14 days. The cst f all servicing and rutine maintenance will be paid by Pendragn Cntracts Ltd. Shuld call the driver help line n 0800 581639 fr all rutine maintenance, servicing and tyres. The number shuld als be used fllwing a breakdwn r accident ("Radside Assist"). Can use this number t arrange fr a replacement r repair t yur Vehicle windscreen. The cst f this will be re-charged t yu if it is nt cvered by the insurance plicy. Understand that the insurance premium ("Insurance") will remain fixed fr the perid f the cntract unless there is a change t yur circumstances, which must be declared n the annual renewal f the plicy. Understand that in the event f terminating the Vehicle cntract, the insurance certificate must be returned t the insurer. Understand that cngestin charges, parking r any ther fines assciated with the Vehicle are yur respnsibility. We reserve the right, at any time during r in any event n terminatin f the Agreement, t deduct frm yur salary any mnies wed by yu in relatin t these charges. Understand that all speeding and mtring ffences will be yur respnsibility. Will be liable fr the Excess Mileage Charge n the Vehicle if yu g ver the Cntracted Mileage.
Understand that yu are liable fr any damage t the Vehicle at the end f the cntract. Fair Wear and Tear cnditins are acceptable as utlined in the British Vehicle and Rental Assciatin ('BVRLA') guidelines. Understand that if VAT rates change, yur payments will be recalculated t reflect the change and yur payments will autmatically be adjusted accrdingly. Understand that by having signed this Agreement yu are affirming that yu have read, understand and agree t the Terms and Cnditins f this Agreement. During the 36-mnth term f the Agreement, the Vehicle remains yur respnsibility. If the Vehicle is lst r damaged by any means within that timeframe and in the event that this is nt cvered by Insurance, yu will be required t cntinue yur Salary Sacrifice until the Agreement Perid has ended. Yu may purchase a replacement, but be aware that any replacement vehicle is nt cvered by the terms f this Agreement. Yur well-being and safety whilst using the Vehicle are nt the respnsibility f The Cmpany, and yu shuld take adequate steps t ensure yur wn safety at all times. The Cmpany cannt be held respnsible fr any accidents that ccur whilst using the Vehicle. The warranties ffered by the Vehicle manufacturers are nt affected. Yu are respnsible fr reading and understanding the manufacturers warranties relating t any prducts yu use via the Simplydriveit prgramme. 8. Absence By entering int this Agreement, yu agree that yur Salary Sacrifice will apply t any pay received during absence frm wrk. If, hwever, yur salary falls belw the amunt f yur Salary Sacrifice Payments, the Salary Sacrifice will be suspended until such time as yur salary rises abve that level. 9. Leaving If yur emplyment with The Cmpany cmes t an end fr any reasn (including retirement) befre the sum wing has been repaid, yu will becme liable fr the payment t The Cmpany f a terminatin payment, the Early Terminatin Charge, calculated as detailed under "Definitins". The Early Terminatin Charge will n lnger be treated as a BIK fr Incme Tax and Natinal Insurance purpses and will be deducted frm yur final net salary r any mnies wed t yu by The Cmpany. If yu cannt pay this amunt ut f yur final salary, The Cmpany can demand payment f any utstanding amunt within 14 days. 10. Data Prtectin By entering int this Agreement, yu authrise The Cmpany, and Pendragn Cntracts Ltd t use the persnal data supplied by yu in rder t cnfirm yu are a genuine emplyee f a member f the Simplydriveit prgramme, and t administer the Simplydriveit prgramme. These details will be used cnfidentially and kept safe at all times. 11. Limitatin Under n circumstances shall The Cmpany, r Pendragn Cntracts Ltd be liable fr any direct, indirect, punitive, incidental, special r cnsequential damages (including withut limitatin damages fr lss f use, lst data, ecnmic lss, r ther lss) arising ut f a breach f this Agreement r any ther actin r failure t act, even if any f the parties have been advised f the pssibilities f such damages.
The Cmpany, r Pendragn Cntracts Ltd will nt be held liable fr failure t supply, failure t deliver n an agreed time r day, r late delivery. Nthing in the Agreement shall limit the liability f The Cmpany, r Pendragn Cntracts Ltd fr death r persnal injury resulting frm their negligence and/r breach f such implied terms as might exist in law relating t title, satisfactry quality r fitness fr purpse. This Agreement shall be interpreted in accrdance with English Law and industry custm and practice, and English curts shall have sle jurisdictin in respect f any dispute arising therefrm. If yu default n yur bligatins under this Agreement, yu must pay The Cmpany any reasnable legal, administrative and any ther csts r expenses that The Cmpany incurs in enfrcing their rights under this Agreement.