COMPANY VEHICLE USE AGREEMENT
This agreement (hereinafter the "Agreement") has been entered into in [City where the contract is signed] on [Contract date] between the following parties (hereinafter together the "Parties"):
1. PARTIES
1.1 Employer:
[Employer's name / company]
Commercial Register code: [Employer's Commercial Register code]
(hereinafter the "Employer")
1.2 Employee:
[Employee's name]
Personal identification code: [Employee's personal identification code]
(hereinafter the "Employee")
2. VEHICLE
2.1 Vehicle: [Vehicle make] [Vehicle model], year of first registration [Year of first registration of the vehicle], registration plate [Registration plate number], VIN [Vehicle VIN], engine power [Engine power (kW)] kW. Age of the vehicle: [Age of the vehicle].
2.2 The vehicle remains in the ownership or possession of the Employer. Upon handover of the vehicle, the Parties record the condition and mileage of the vehicle and the keys, documents and additional equipment handed over in a delivery and acceptance report.
3. TYPE OF USE AND TAXATION
3.1 Type of use: [Type of use].
3.2 The Employee uses the vehicle only for the performance of duties. No fringe benefit arises, but the Employer must be able to prove this to the Estonian Tax and Customs Board where necessary (e.g. a logbook, GPS tracking, internal rules of use). If the Employer does not allow the passenger car to be used for activities not related to work, it notifies the Transport Administration (referred to in the text of the law as the Road Administration) thereof when the passenger car is taken into use, and the Transport Administration makes an entry in the register that the passenger car is used only for the performance of duties (Income Tax Act (TuMS) § 48 (8²)). The Employee keeps a logbook in accordance with the procedure established by the Employer and does not use the vehicle for personal purposes.
4. TERMS OF USE
4.1 The vehicle is driven only by the Employee. A third party may drive the vehicle only with the prior consent of the Employer.
4.2 The Employee uses the vehicle with due care and for its intended purpose, complies with the Traffic Act and other legislation and does not drive the vehicle under the influence of alcohol, narcotic or other intoxicating substances. The Employee does not rent out the vehicle, does not use it for paid transport or competitions and does not make modifications to the vehicle without the Employer's consent.
4.3 The Employee keeps the vehicle, keys and documents with care, locks the vehicle and does not leave documents or keys in the vehicle.
5. FUEL AND COSTS
5.1 Coverage of fuel costs: [Coverage of fuel costs]. Other costs (washing, parking) are borne by the Employee unless the Parties have agreed otherwise in writing.
5.2 If the Employer gives the Employee a fuel card, the Employee uses it only for refuelling this vehicle and to the extent agreed in clause 5.1. The Employer's claims may be set off against the Employee's claim for wages only with the Employee's consent given in a format which can be reproduced in writing, unless otherwise provided by law (Employment Contracts Act (TLS) § 78 (1)).
6. INSURANCE
6.1 Type of insurance:
[Type of insurance]
Coverage of the deductible in the event of an insured event: [Coverage of the deductible in the event of an insured event].
6.2 The Employee's obligation to compensate for damage or bear the deductible is limited to what is provided in the Employment Contracts Act: the Employee is liable only in the event of fault (TLS § 72) and, for damage caused by negligence, to the extent provided in TLS § 74 (2), taking into account, among other things, the duties, the degree of fault and the Employer's possibilities to insure against the damage; in the event of an intentional breach, the Employee is liable for the entire damage (TLS § 74 (1)).
7. MAINTENANCE AND INCIDENTS
7.1 The maintenance and roadworthiness inspection of the vehicle are arranged by the Employer. The Employee notifies the Employer without delay of a breakdown, warning light or need for maintenance of the vehicle and does not continue driving if this may damage the vehicle or endanger road safety.
7.2 Damage and traffic accidents must be reported to the Employer without delay; where necessary, the police must be notified. In the event of a traffic accident, the Employee records the circumstances, where possible draws up a traffic accident report together with the other party, and hands over to the Employer all data and documents concerning the accident.
7.3 Traffic fines and parking fines are, as a rule, borne by the Employee who used the vehicle if the violation occurred while the vehicle was in the Employee's use.
8. RETURN
8.1 Return condition: [Return condition]. The vehicle must be returned upon termination of the agreement or of the employment relationship.
8.2 The vehicle is returned together with all keys, documents, the fuel card and additional equipment; the return is formalised by a delivery and acceptance report.
9. TERM OF THE AGREEMENT AND FINAL PROVISIONS
9.1 The Agreement enters into force once both Parties have signed it. The Agreement has been entered into for an unspecified term. The Agreement terminates in any case upon termination of the employment relationship between the Parties.
9.2 Amendments to the Agreement are made in writing or in a format which can be reproduced in writing. Disputes are resolved by negotiation and, if no agreement is reached, by a labour dispute committee or a court.
9.3 The Agreement is governed by the law of [Governing law].