TERMS AND DEFINITIONS OF THE AGREEMENT
- Unless otherwise stipulated in the Agreement or evident from the spirit of the
Agreement, the terms used in the Agreement shall bear the following meaning:
Special Conditions are the special conditions of the Agreement, which have been separately negotiated and agreed between the Parties to the Agreement and form an integral part of the Agreement.
Down payment is the first payment made by the Lessee to the Lessor under the Special Conditions and on the basis of the Payment Schedule for the possession and use of the Property, together with the value added tax imposed under the Value Added Tax Act.
Euribor (Euro Interbank Offered Rate) is the EUR base rate established by the Eurozone banks for each Interest Period, equivalent of the EUR deposit interest rate for six-month deposits, established on the day of change of the euribor, that is, on the day preceding the Interest Period (published on the corresponding website of Telerate or Reuters or on another official website). Upon entry into the Agreement, the Parties to the Agreement shall be governed by the euribor established on the day preceding the date of conclusion of the Agreement. Where the day of change of euribor or the day preceding the Interest Period and/or the day preceding the day of conclusion of the Agreement is a Saturday, a Sunday or a public holiday, the Parties to the Agreement shall be governed by the euribor established on the last banking day preceding the corresponding day. If the EUR base rate established by the Eurozone banks on the day of change of the euribor, that is, on the day preceding the Interest Period (or on the last banking day preceding the corresponding day) for six-month deposits is lower than 0% (zero per cent) per annum, that is, negative, the Parties to the Agreement shall adhere to the euribor of 0% (zero per cent) per annum on the relevant day of change of the euribor, that is, on the day preceding the Interest Period.
Financed Amount forms a part of the Cost of Property (including the residual value of the Property), which has been fixed in the Special Conditions and is to be financed by the Lessor in the interests of and on the order of the Lessee under the Agreement. Interest shall be calculated on the Financed Amount unrepaid by the Lessee to the Lessor under the Agreement, and paid by the Lessee to the Lessor.
Price List is a list of fees established by the Lessor for the additional and ancillary services to be rendered by the Lessor. The Price List shall be available at the Lessor’s branch offices and on the Lessor’s website (www.lhv.ee). The Lessor shall have the right to unilaterally change the Price List.
Interest is the fee paid by the Lessee to the Lessor under the Agreement and on the basis of the Payment Schedule for use of the Financed Amount. The interest rate shall be fixed in the Special Conditions and shall consist either of the (i) euribor for the Interest Period agreed in the Special Conditions, plus the interest margin; or (ii) a fixed interest rate for the entire Lease Period, agreed in the Special Conditions. Interest shall be calculated from and subject to payment from the date of entry into the Agreement (included) until the Payment Due Date of the last Instalment Payment (excluded) in accordance with the Payment Schedule arising from the Agreement.
Interest Period is the time period specified in the Special Conditions during which a specific euribor rate shall apply. The Lessor shall inform the Lessee of the new euribor and Interest rate within thirty (30) days after commencement of the new Interest Period. In case of a fixed Interest, the Interest shall remain unchanged during the term of the Agreement.
Third Party is a person who is not a Party to the Agreement.
Agreement is this operational lease agreement, consisting of the Special Conditions, these General Conditions, the Payment Schedule, instrument of delivery and receipt of the Property and other annexes, including any further amendments and additions to be introduced in the Agreement in the future. Parties to the Agreement are the Lessor and the Lessee.
Agreement Fee is the service charge payable by the Lessee to the Lessor each time for the consultations related to the preparation, conclusion, amendment and/or termination of the Agreement, analysis of applications and preparation of the documents of the Agreement. The Agreement Fee payable for the conclusion of the Agreement shall be fixed in the Special Conditions.
Agreement Currency is the currency in which the payment obligations arising from the Agreement are expressed and in which the payments arising from the Agreement are effected. The euro shall be the Agreement Currency, unless otherwise agreed in the Special Conditions.
Lessor is AS LHV Pank (registry code: 10539549), a credit institution established and operating under the laws of the Republic of Estonia. Lease Payments are the payments to be made by the Lessee to the Lessor for the use of the Property together with the value added tax imposed under the Value Added Tax Act.
Lease Period is the time period which has been established in the Special Conditions and during which the Lessor shall finance the Lessee and transfer the Property into the possession and use of the Lessee, with the Lessee being obliged to make the payments arising from the Agreement.
Lessee is a person in the interests of whom the Lessor shall finance, under the Agreement, the purchase of the Property from the Seller, and to whom the Lessor shall transfer, for the duration of the Lease Period, possession and use of the Property, and who assumes the obligation to make the payments stipulated in the Agreement to the Lessor.
Payment Schedule is the schedule of payment of the amounts arising from the Agreement, signed by the Parties to the Agreement upon entry into the Agreement. In case of an Agreement with a floating Interest rate, the Lessor shall unilaterally adjust the Payment Schedule for the new Interest Period at the end of the Interest Period in accordance with any changes in the euribor (and the consequent changes in the Interest rate). The adjusted Payment Schedule shall automatically form an integral part of the Agreement and shall not require a separate signature of the Parties to the Agreement.
Payment Due Date is the date established in the Payment Schedule and/or on the basis of the Agreement, by which the contractual payment to be made by the Lessee shall be transferred to the Lessor’s bank account.
Contract of Sale is a transaction to be concluded between the Lessor and the Seller for the Lessor to acquire the Property from the Seller on the order of and in the interests of the Lessee.
Seller is a person who has been appointed or designated by the Lessee (the Lessee himself/herself may serve as such a person, if so agreed with the Lessor) and from whom the Lessor acquires the Property under the Contract of Sale.
Instalment Payments are the periodic (monthly, unless otherwise agreed) payments to be made by the Lessee to the Lessor for the use of the Property. The Instalment Payments shall consist, among other things, of the Lease Payments and Interest for the corresponding period.
Collateral is property encumbered for the benefit of the Lessor under the Collateral Agreement and/or a surety and/or guarantee provided by a Third Party to the Lessor under the Collateral Agreement.
Collateral Agreement is an agreement concluded or to be concluded between the Lessor and the Lessee and/or the Lessor and a Third Party for securing appropriate fulfilment of the Lessee’s obligations arising from the Agreement (including a pledge, surety and/or guarantee agreement).
Property is a movable or movables (together with the accessories, things and documents) which is/are to be acquired, in the interests of the Lessee, by the Lessor from the Seller under the Contract of Sale, and which will subsequently be transferred into the possession and use of the Lessee for the Lease Period under the terms and conditions and pursuant to the procedure agreed between the Lessor and the Lessee in the Agreement.
Residual Value of Property is the residual value of the Property specified in the Special Conditions upon expiry of the Lease Period. The Residual Value of Property as at the end of the Lease Period is the Cost of Property, less the Down payment and Lease Payments subject to payment during the Lease Period.
Cost of Property is the purchase price of the Property, paid or to be paid by the Lessor to the Seller under the Contract of Sale as specified in the Special Conditions, together with the value added tax which is to be imposed in accordance with the Value Added Tax Act.
Fine for Delay is the interest on arrears, payable by the Lessee to the Lessor in case of a delay in the fulfilment of a financial obligation in the rate agreed in the Special Conditions. The Fine for Delay shall be calculated on the debt amount from the moment the obligation falls due until appropriate fulfilment of the obligation. No Fine for Delay shall be calculated on the Interest and the Fine for Delay.