DEFAULT INTEREST CHARGES AND DEFAULT FEES. In the event of a default in payment and while the default continues you must pay the default charges. In the event of a breach of this agreement or on the enforcement of this agreement, the default fees specified below are payable. The default rate is the rate per annum (expressed as a percentage) which is 3% above the annual interest rate (referred to above) or our default interest rate displayed on our website at xxx.xxxxxxxxxxxxxxx.xx.xx whichever is the higher. This is charged on any amount in arrears from the time you fail to make the due payment until the arrears are paid. The default fees are: • $10.00 if any payment you make to us is dishonoured. • $20.00 if we have to prepare and send you a repossession warning notice. • $60.00 if we have to prepare and send you a post repossession notice. • $35.00 if we engage a repossession agent. Note: There may be charges we incur if we engage third parties as a result of your breach under this agreement or if we enforce this agreement. These charges could include debt collection and repossession fees. These are in addition to the default fees listed above. Our General Terms allow us to change the default interest rate and default fees. FULL REPAYMENT If you pay the unpaid balance in full before the final payment is due (“full prepayment”), you may be required to pay a fee or charge to compensate us for any loss resulting from the full prepayment. We may have suffered a loss if our current interest rate is lower than the interest rate applying to your original agreement. You may also have to pay our administrative costs relating to the full prepayment. The amount you may have to pay to compensate us for the loss is calculated using the formula prescribed in regulation 9 of the Credit Contracts and Consumer Finance Regulations 2004. Administrative costs $35.00 for processing the full prepayment. Our General Terms allows us to change the amount of this charge. RIGHT TO CANCEL You are entitled to cancel this agreement by giving notice to us. Time limits for cancellation If this agreement is handed to you directly you must give notice that you intend to cancel within 5 working days after you receive this agreement. If this agreement is sent to you by electronic means (for example, email) you must give notice that you intend to cancel within 7 working days after the electronic communication is sent. If this agreement was mailed to you, you must give the notice within 9 working days after it was posted. Saturdays, Sundays, and national public holidays are not counted as working days. How to cancel To cancel this agreement you must give us written notice that you intend to cancel this agreement by – • giving notice to us or to any of our employees or agents; or • posting the notice to us or to any of our employees or agents; or • emailing or faxing the notice to us at our email address or to our fax number (as the case may be) specified on page 3 above. You must also, return to us any advance received by you under this agreement. What you may have to pay if you cancel If you cancel this agreement we can charge you – • the amount of reasonable expenses we had to pay in connection with this agreement and its cancellation (including legal fees and fees for reports, etc.); and • interest for the period from the day you received the advance until the day you repay the advance.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement
DEFAULT INTEREST CHARGES AND DEFAULT FEES. In the event of a default in payment and while the default continues you must pay the default charges. In the event of a breach of this agreement or on the enforcement of this agreement, the default fees specified below are payable. The default rate is the rate per annum (expressed as a percentage) which is 3% above the annual interest rate (referred to above) or our default interest rate displayed on our website at xxx.xxxxxxxxxxxxxxx.xx.xx whichever is the higher. This is charged on any amount in arrears from the time you fail to make the due payment until the arrears are paid. The default fees are: • $10.00 if any payment you make to us is dishonoured. • $20.00 if we have to prepare and send you a repossession warning notice. • $60.00 if we have to prepare and send you a post repossession notice. • $35.00 if we engage a repossession agent. Note: There may be charges we incur if we engage third parties as a result of your breach under this agreement or if we enforce this agreement. These charges could include debt collection and repossession fees. These are in addition to the default fees listed above. Our General Terms allow us to change the default interest rate and default fees. FULL REPAYMENT If you pay the unpaid balance in full before the final payment is due (“full prepayment”), you may be required to pay a fee or charge to compensate us for any loss resulting from the full prepayment. We may have suffered a loss if our current interest rate is lower than the interest rate applying to your original agreement. You may also have to pay our administrative costs relating to the full prepayment. The amount you may have to pay to compensate us for the loss is calculated using the formula prescribed in regulation 9 of the Credit Contracts and Consumer Finance Regulations 2004. Administrative costs $35.00 for processing the full prepayment. Our General Terms allows us to change the amount of this charge. RIGHT TO CANCEL You are entitled to cancel this agreement by giving notice to us. Time limits for cancellation If this agreement is handed to you directly you must give notice that you intend to cancel within 5 working days after you receive this agreement. If this agreement is sent to you by electronic means (for example, email) you must give notice that you intend to cancel within 7 working days after the electronic communication is sent. If this agreement was mailed to you, you must give the notice within 9 working days after it was posted. Saturdays, Sundays, and national public holidays are not counted as working days. How to cancel To cancel this agreement you must give us written notice that you intend to cancel this agreement by – • giving notice to us or to any of our employees or agents; or • posting the notice to us or to any of our employees or agents; or • emailing or faxing the notice to us at our email address or to our fax number (as the case may be) specified on page 3 aboveearlier. You must also, return to us any advance received by you under this agreement. What you may have to pay if you cancel If you cancel this agreement we can charge you – • the amount of reasonable expenses we had to pay in connection with this agreement and its cancellation (including legal fees and fees for reports, etc.); and • interest for the period from the day you received the advance until the day you repay the advance.
Appears in 1 contract
Samples: Credit Agreement
DEFAULT INTEREST CHARGES AND DEFAULT FEES. In the event of a default in payment and while the default continues you must pay the default charges. In the event of a breach of this agreement or on the enforcement of this agreement, the default fees specified below are payable. The default rate is the rate per annum (expressed as a percentage) which is 3% above the annual interest rate (referred to above) or our default interest rate displayed on our website at xxx.xxxxxxxxxxxxxxx.xx.xx whichever is the higher. This is charged on any amount in arrears from the time you fail to make the due payment until the arrears are paid. The default fees are: • $10.00 if any payment you make to us is dishonoured. • $20.00 if we have to prepare and send you a repossession warning notice. • $60.00 if we have to prepare and send you a post repossession notice. • $35.00 if we engage a repossession agent. Note: There may be charges we incur if we engage third parties as a result of your breach under this agreement or if we enforce this agreement. These charges could include debt collection and repossession fees. These are in addition to the default fees listed above. Our General Terms allow us to change the default interest rate and default fees. FULL REPAYMENT If you pay the unpaid balance in full before the final payment is due (“full prepayment”), you may be required to pay a fee or charge to compensate us for any loss resulting from the full prepayment. We may have suffered a loss if our current interest rate is lower than the interest rate applying to your original agreement. You may also have to pay our administrative costs relating to the full prepayment. The amount you may have to pay to compensate us for the loss is calculated using the formula prescribed in regulation 9 of the Credit Contracts and Consumer Finance Regulations 2004. Administrative costs $35.00 for processing the full prepayment. Our General Terms allows us to change the amount of this charge. RIGHT TO CANCEL You are entitled to cancel this agreement by giving notice to us. Time limits for cancellation If this agreement is handed to you directly you must give notice that you intend to cancel within 5 working days after you receive this agreement. If this agreement is sent to you by electronic means (for example, email) you must give notice that you intend to cancel within 7 working days after the electronic communication is sent. If this agreement was mailed to you, you must give the notice within 9 working days after it was posted. Saturdays, Sundays, and national public holidays are not counted as working days. How to cancel To cancel this agreement you must give us written notice that you intend to cancel this agreement by – • giving notice to us or to any of our employees or agents; or • posting the notice to us or to any of our employees or agents; or • emailing or faxing the notice to us at our email address or to specified in the section above under our fax number (as the case may be) specified on page 3 abovefull name and address. You must also, return to us any advance received by you under this agreement. What you may have to pay if you cancel If you cancel this agreement we can charge you – • the amount of reasonable expenses we had to pay in connection with this agreement and its cancellation (including legal fees and fees for reports, etc.); and • interest for the period from the day you received the advance until the day you repay the advance.
Appears in 1 contract
Samples: Loan Agreement
DEFAULT INTEREST CHARGES AND DEFAULT FEES. In the event of a default in payment and while the default continues you must pay the default charges. In the event of a breach of this agreement or on the enforcement of this agreement, the default fees specified below are payable. The default rate is the rate per annum (expressed as a percentage) which is 3% above the annual interest rate (referred to above) or our default interest rate displayed on our website at xxx.xxxxxxxxxxxxxxx.xx.xx whichever is the higher. This is charged on any amount in arrears from the time you fail to make the due payment until the arrears are paid. The default fees are: • $10.00 if any payment you make to us is dishonoured. • $20.00 if we have to prepare and send you a repossession warning notice. • $60.00 if we have to prepare and send you a post repossession notice. • $35.00 if we engage a repossession agent. Note: There may be charges we incur if we engage third parties as a result of your breach under this agreement or if we enforce this agreement. These charges could include debt collection and repossession fees. These are in addition to the default fees listed above. Our General Terms allow us to change the default interest rate and default fees. FULL REPAYMENT If you want to pay the unpaid balance amounts you owe us under this agreement in full before the final payment is due due, you will pay us the amount calculated as follows: The Total Amount of Payments less the payments made by you in reduction of the Total Amount of Payments (the sum being the “Balance of Payments”); Less 80% on the total interest charges remaining on the Balance of Payments* Plus All other amounts you may owe us under this agreement** *You are not entitled to a rebate on any portion of the Balance of Payments that is overdue. **For avoidance of doubt this will include any portion of the Balance of Payments that is overdue. This agreement can be signed by each of you using a separate copy of this agreement. If you do sign separately then all the signed agreements together will be treated as one and the same agreement. In signing this agreement you (each Customer named on page 1): • Acknowledge that this agreement (which includes the General Terms) was disclosed to you and a copy received by you before you signed it and that you understand its terms. • Consent to us sending notices and other communications to your email address on page 1 or any other email address you might later give to us in writing. • Authorise us (on your behalf) to pay (where applicable): - The Advance (or part of it) to pay any third party - The charges for any Optional Services (referred to in the Specific Terms on page 2) to the relevant entity. • Make the GST declaration as set out on page 1. • Confirm that you will be buying the Property for your business purposes. • Agree that the guarantees contacted in the Consumer Guarantees Act 1993 (“full prepaymentCGA”) will not apply to you. • Acknowledge that you do not rely on any representations by us or other conduct by us, whether made before or after this agreement was entered into and contract out of sections 9 (misleading or deceptive conduct generally), you may be required 12A (unsubstantiated representations) and 13 (false [or misleading] representations) of the Fair Trading Xxx 0000. CUSTOMER Customer Signature Date Customer Signature Date Customer Signature Date Customer Signature Date GUARANTEE AND INDEMNITY You (each Guarantor named on page 1): • Guarantee to pay a fee or charge us payment of all money owed to compensate us and the performance of all the Customer’s obligations under this agreement. • Indemnify us for any loss resulting from or damage we may incur if the Customer does not perform any of his or her obligations under this agreement. • Agree that this guarantee and indemnity will continue until all money owed to us under this agreement is paid back in full prepayment. We may have suffered a loss if our current interest rate is lower than and the interest rate applying to your original agreementother obligations under this agreement are performed. You also agree and acknowledge that: • Your liability to us is not affected under this guarantee and indemnity by things we may also or may not do. For example, we might not have taken steps to recover money owing by the Customer first but we might still ask for you to pay our administrative costs relating to the full prepayment. The amount you may have to pay to compensate us for the loss is calculated using the formula prescribed in regulation 9 of the Credit Contracts and Consumer Finance Regulations 2004. Administrative costs $35.00 for processing the full prepayment. Our General Terms allows us to change the amount of this charge. RIGHT TO CANCEL You are entitled to cancel this agreement by giving notice that money to us. Time limits for cancellation This is because between us and you, we can treat you as though you are the Customer. • We may, at any time, assign or transfer our rights and interests under this guarantee and indemnity to anyone else. If we do this agreement is handed you understand that the person we assign or transfer this guarantee and indemnity to will replace us and have all our rights and interests. You agree that we may give such person any information (including personal information) we have relating to you directly to any such assignee. • If there is more than one Guarantor named above each one of you must give notice that you intend is individually liable to cancel within 5 working days after you receive us under this agreementguarantee and indemnity. If this agreement is sent to you by electronic means (This means, for example, emailwe may look to you to recover any money owing and not to another Guarantor. In signing this agreement (which includes the guarantee and indemnity above) you must give notice (each Guarantor named on page 1): • Acknowledge that you intend to cancel within 7 working days after the electronic communication is sent. If this agreement was mailed disclosed to you, you must give the notice within 9 working days after before you signed it was postedand that you understand its terms. Saturdays, Sundays, • Consent to us sending notices and national public holidays are not counted as working days. How other communications to cancel To cancel this agreement your email address on page 1 or any other email address you must might later give us written notice that you intend to cancel this agreement by – • giving notice to us or to any of our employees or agents; or • posting the notice to us or to any of our employees or agents; or • emailing or faxing the notice to us at our email address or to our fax number (as the case may be) specified on page 3 abovein writing. You must also, return to us any advance received by you under this agreement. What you may have to pay if you cancel If you cancel this agreement we can charge you – • the amount of reasonable expenses we had to pay in connection with this agreement and its cancellation (including legal fees and fees for reports, etc.); and • interest for the period from the day you received the advance until the day you repay the advance.Guarantor Signature Date Guarantor Signature Date Guarantor Signature Date Guarantor Signature Date GUARANTOR
Appears in 1 contract
Samples: Business Loan Agreement
DEFAULT INTEREST CHARGES AND DEFAULT FEES. In the event of a default in payment and while the default continues you must pay the default charges. In the event of a breach of this agreement or on the enforcement of this agreement, the default fees specified below are payable. The default rate is the rate per annum (expressed as a percentage) which is 3% above the annual interest rate (referred to above) or our default interest rate displayed on our website at xxx.xxxxxxxxxxxxxxx.xx.xx whichever is the higher. This is charged on any amount in arrears from the time you fail to make the due payment until the arrears are paid. The default fees are: • $10.00 if any payment you make to us is dishonoured. • $20.00 if we have to prepare and send you a repossession warning notice. • $60.00 if we have to prepare and send you a post repossession notice. • $35.00 if we engage a repossession agent. Note: There may be charges we incur if we engage third parties as a result of your breach under this agreement or if we enforce this agreement. These charges could include debt collection and repossession fees. These are in addition to the default fees listed above. Our General Terms allow us to change the default interest rate and default fees. FULL REPAYMENT If you want to pay the unpaid balance amounts you owe us under this agreement in full before the final payment is due due, you will pay us the amount calculated as follows: The Total Amount of Payments less the payments made by you in reduction of the Total Amount of Payments (the sum being the “Balance of Payments”); Less 80% on the total interest charges remaining on the Balance of Payments* Plus All other amounts you may owe us under this agreement** *You are not entitled to a rebate on any portion of the Balance of Payments that is overdue. **For avoidance of doubt this will include any portion of the Balance of Payments that is overdue. This agreement can be signed by each of you using a separate copy of this agreement. If you do sign separately then all the signed agreements together will be treated as one and the same agreement. In signing this agreement you (each Customer named on page 1): Acknowledge that this agreement (which includes the General Terms) was disclosed to you and a copy received by you before you signed it and that you understand its terms. Consent to us sending notices and other communications to your email address on page 1 or any other email address you might later give to us in writing. Authorise us (on your behalf) to pay (where applicable): - The Advance (or part of it) to pay any third party - The charges for any Optional Services (referred to in the Specific Terms on page 2) to the relevant entity. Make the GST declaration as set out on page 1. Confirm that you will be buying the Property for your business purposes. Agree that the guarantees contacted in the Consumer Guarantees Act 1993 (“full prepaymentCGA”) will not apply to you. Acknowledge that you do not rely on any representations by us or other conduct by us, whether made before or after this agreement was entered into and contract out of sections 9 (misleading or deceptive conduct generally), you may be required 12A (unsubstantiated representations) and 13 (false [or misleading] representations) of the Fair Trading Xxx 0000. Customer Signature Date Customer Signature Date Customer Signature Date Customer Signature Date CUSTOMER GUARANTEE AND INDEMNITY You (each Guarantor named on page 1): • Guarantee to pay a fee or charge us payment of all money owed to compensate us and the performance of all the Customer’s obligations under this agreement. • Indemnify us for any loss resulting from or damage we may incur if the full prepayment. We may have suffered a loss if our current interest rate is lower than the interest rate applying to your original agreement. You may also have to pay our administrative costs relating to the full prepayment. The amount you may have to pay to compensate us for the loss is calculated using the formula prescribed in regulation 9 of the Credit Contracts and Consumer Finance Regulations 2004. Administrative costs $35.00 for processing the full prepayment. Our General Terms allows us to change the amount of this charge. RIGHT TO CANCEL You are entitled to cancel this agreement by giving notice to us. Time limits for cancellation If this agreement is handed to you directly you must give notice that you intend to cancel within 5 working days after you receive this agreement. If this agreement is sent to you by electronic means (for example, email) you must give notice that you intend to cancel within 7 working days after the electronic communication is sent. If this agreement was mailed to you, you must give the notice within 9 working days after it was posted. Saturdays, Sundays, and national public holidays are Customer does not counted as working days. How to cancel To cancel this agreement you must give us written notice that you intend to cancel this agreement by – • giving notice to us or to perform any of our employees his or agents; or • posting the notice to us or to any of our employees or agents; or • emailing or faxing the notice to us at our email address or to our fax number (as the case may be) specified on page 3 above. You must also, return to us any advance received by you her obligations under this agreement. What • Agree that this guarantee and indemnity will continue until all money owed to us under this agreement is paid back in full and the other obligations under this agreement are performed. You also agree and acknowledge that: • Your liability to us is not affected under this guarantee and indemnity by things we may or may not do. For example, we might not have taken steps to recover money owing by the Customer first but we might still ask for you may have to pay if that money to us. This is because between us and you, we can treat you cancel as though you are the Customer. • We may, at any time, assign or transfer our rights and interests under this guarantee and indemnity to anyone else. If we do this you cancel understand that the person we assign or transfer this guarantee and indemnity to will replace us and have all our rights and interests. You agree that we may give such person any information (including personal information) we have relating to you to any such assignee. • If there is more than one Guarantor named above each one of you is individually liable to us under this guarantee and indemnity. This means, for example, we may look to you to recover any money owing and not to another Guarantor. In signing this agreement we can charge (which includes the guarantee and indemnity above) you – (each Guarantor named on page 1): • the amount of reasonable expenses we had to pay in connection with Acknowledge that this agreement was disclosed to you before you signed it and that you understand its cancellation (including legal fees terms. • Consent to us sending notices and fees for reportsother communications to your email address on page 1 or any other email address you might later give us in writing. Guarantor Signature Date Guarantor Signature Date Guarantor Signature Date Guarantor Signature Date GUARANTOR What is This Agreement About The Meaning Of Some Words & Phrases In This Agreement GENERAL TERMS We agree to lend you the Total Advance on the terms set out in this agreement. Your agreement with us is set out in the Specific Terms and these General Terms and includes any agreed changes. Your agreement also includes the information on the signing page and the Guarantee and Indemnity, etcif applicable.); and • interest for the period from the day you received the advance until the day you repay the advance.
Appears in 1 contract
Samples: Business Loan Agreement
DEFAULT INTEREST CHARGES AND DEFAULT FEES. In the event of a default in payment and while the default continues you must pay the default charges. In the event of a breach of this agreement or on the enforcement of this agreement, the default fees specified below are payable. The default rate is the rate per annum (expressed as a percentage) which is 3% above the annual interest rate (referred to above) or our default interest rate displayed on our website at xxx.xxxxxxxxxxxxxxx.xx.xx whichever is xxx.xxxxxxxx.xx.xx at the highertime of default. This is charged on any amount in arrears from the time you fail to make the due payment until the arrears are paid. The default fees are: • $10.00 if any payment you make to us is dishonoured. • $20.00 if we have to prepare and send you a repossession warning notice. • $60.00 if we have to prepare and send you a post repossession notice. • $35.00 if we engage a repossession agentagent to retake possession of the vehicle. Note: There may be charges we incur if we engage third parties as a result of your breach under this agreement or if we enforce this agreement. These charges could include debt collection and repossession fees. These are in addition to the default fees listed above. Our General Terms allow us to change the default interest rate and default fees. FULL REPAYMENT If Initials: This agreement can be signed by each of you pay the unpaid balance in full before the final payment (if there is due (“full prepayment”), you may be required to pay more than one of you) using a fee or charge to compensate us for any loss resulting from the full prepayment. We may have suffered a loss if our current interest rate is lower than the interest rate applying to your original agreement. You may also have to pay our administrative costs relating to the full prepayment. The amount you may have to pay to compensate us for the loss is calculated using the formula prescribed in regulation 9 separate copy of the Credit Contracts and Consumer Finance Regulations 2004. Administrative costs $35.00 for processing the full prepayment. Our General Terms allows us to change the amount of this charge. RIGHT TO CANCEL You are entitled to cancel this agreement by giving notice to us. Time limits for cancellation If this agreement is handed to you directly you must give notice that you intend to cancel within 5 working days after you receive this agreement. If you do sign separately then all the signed agreements together will be treated as one and the same agreement. CUSTOMER In signing this agreement, I (each Customer name on page 1): • Acknowledge that this agreement is sent (which includes the General Terms) was disclosed to me, and a copy received by me before I signed it and I understand its terms. • Consent to you by electronic means (for example, emailEuro Rate Leasing Limited) you must give notice that you intend sending notices and other communications to cancel within 7 working days after the electronic communication is sent. If this agreement was mailed to you, you must give the notice within 9 working days after it was posted. Saturdays, Sundays, and national public holidays are not counted as working days. How to cancel To cancel this agreement you must give us written notice that you intend to cancel this agreement by – • giving notice to us or to any of our employees or agents; or • posting the notice to us or to any of our employees or agents; or • emailing or faxing the notice to us at our my email address or to our fax number (as the case may be) specified on page 3 above1 or any other email address I might later give you in writing. You must also, return I acknowledge that this does not preclude you from sending notices and other communications to us any advance received by you my physical address. • Understand that I do not have the option to buy the Vehicle under this agreement. What • Understand that my right to undistributed possession in the Vehicle could be affected under the terms of this agreement. For example, you might take the Vehicle from me if I default under this agreement. I acknowledge that this was orally explained to me. Customer Signature Customer Signature Signing Date Signing Date GUARANTEE AND INDEMNITY I (each Guarantor named on page 1): • Guarantee to you (Euro Rate Leasing Limited) payment of all money owed to you and the performance of all the Customer's obligations under this agreement. • Indemnify you for any loss or damage we may incur if the Customer does not perform any of its obligations under this agreement. • Agree that this guarantee and indemnity will continue until all money owed to you under this agreement is paid back in full and the other obligations under this agreement are performed. I also agree and acknowledge that: • My liability to you is not affected under this guarantee and indemnity by things you may not do under this agreement. For example, you might not have taken any steps to recover any money owing from the Customer first, but you might still ask for me to pay if that money to you. This is because between me and you, you cancel can treat me as though I am the Customer. • You may, at any time, assign or transfer this guarantee and indemnity to any person. If you cancel do this, I understand that the person you assign or transfer this guarantee and indemnity to will replace you and have all your rights and interest. I agree that you may give such person any information you have relating to me to any such assignee or transferee. • If there is more than one Guarantor named above each one of us is individually liable to you under this guarantee and indemnity. This means, for example, you may look to me only to recover any money and not to any other Guarantor. GUARANTOR In signing this agreement, (which includes the guarantee and indemnity above) I (each Guarantor name on page 1): • Understand that I should seek independent legal advice if I do not understand anything in the agreement and my guarantee and indemnity. • Acknowledge that this agreement we can charge (which includes the Guarantee and Indemnity) was disclosed to me before I signed it and that I understand its terms • Consent to you – • the amount of reasonable expenses we had sending notices and other communications to pay my email address on page 1 or any other email address as you might later give us in connection with writing. I acknowledge that this agreement does not preclude you from sending notices and its cancellation (including legal fees and fees for reports, etc.); and • interest for the period from the day you received the advance until the day you repay the advance.other communications to my physical address. Guarantor Signature Guarantor Signature Guarantor Name Guarantor Name Signing Date Signing Date SIGNED FOR Euro Rate Leasing Limited Date Signed Initials:
Appears in 1 contract
Samples: Operating Lease Agreement
DEFAULT INTEREST CHARGES AND DEFAULT FEES. In the event of a default in payment and while the default continues you must pay the default charges. In the event of a breach of this agreement or on the enforcement of this agreement, the default fees specified below are payable. The default rate is the rate per annum (expressed as a percentage) which is 3% above the annual interest rate (referred to above) or our default interest rate displayed on our website at xxx.xxxxxxxxxxxxxxx.xx.xx whichever is the higher. This is charged on any amount in arrears from the time you fail to make the due payment until the arrears are paid. The default fees are: • $10.00 if any payment you make to us is dishonoured. • $20.00 if we have to prepare and send you a repossession warning notice. • $60.00 if we have to prepare and send you a post repossession notice. • $35.00 if we engage a repossession agent. Note: There may be charges we incur if we engage third parties as a result of your breach under this agreement or if we enforce this agreement. These charges could include debt collection and repossession fees. These are in addition to the default fees listed above. Our General Terms allow us to change the default interest rate and default fees. FULL REPAYMENT If you pay the unpaid balance in full before the final payment is due (“full prepayment”), you may be required to pay a fee or charge to compensate us for any loss resulting from the full prepayment. We may have suffered a loss if our current interest rate is lower than the interest rate applying to your original agreement. You may also have to pay our administrative costs relating to the full prepayment. The amount you may have to pay to compensate us for the loss is calculated using the formula prescribed in regulation 9 of the Credit Contracts and Consumer Finance Regulations 2004. Administrative costs $35.00 for processing the full prepayment. Our General Terms allows us to change the amount of this charge. RIGHT TO CANCEL You are entitled to cancel this agreement by giving notice to us. Time limits for cancellation If this agreement is handed to you directly you must give notice that you intend to cancel within 5 working days after you receive this agreement. If this agreement is sent to you by electronic means (for example, email) you must give notice that you intend to cancel within 7 working days after the electronic communication is sent. If this agreement was mailed to you, you must give the notice within 9 working days after it was posted. Saturdays, Sundays, and national public holidays are not counted as working days. How to cancel To cancel this agreement you must give us written notice that you intend to cancel this agreement by – • giving notice to us or to any of our employees or agents; or • posting the notice to us or to any of our employees or agents; or • emailing or faxing the notice to us at our email address or to our fax number (as the case may be) specified on page 3 1 above. You must also, return to us any advance received by you under this agreement. What you may have to pay if you cancel If you cancel this agreement we can charge you – • the amount of reasonable expenses we had to pay in connection with this agreement and its cancellation (including legal fees and fees for reports, etc.); and • interest for the period from the day you received the advance until the day you repay the advance.
Appears in 1 contract
Samples: Loan Agreement
DEFAULT INTEREST CHARGES AND DEFAULT FEES. In the event of a default in payment and while the default continues you must pay the default charges. In the event of a breach of this agreement or on the enforcement of this agreement, the default fees specified below are payable. The default rate is the rate per annum (expressed as a percentage) which is 3% above the annual interest rate (referred to above) or our default interest rate displayed on our website at xxx.xxxxxxxxxxxxxxx.xx.xx whichever is xxx.xxxxxxxx.xx.xx at the highertime of default. This is charged on any amount in arrears from the time you fail to make the due payment until the arrears are paid. The default fees are: • $10.00 if any payment you make to us is dishonoured. • $20.00 if we have to prepare and send you a repossession warning notice. • $60.00 if we have to prepare and send you a post repossession notice. • $35.00 if we engage a repossession agent. agent to retake possession of the vehicle Note: There may be charges we incur if we engage third parties as a result of your breach under this agreement or if we enforce this agreement. These charges could include debt collection and repossession fees. These are in addition to the default fees listed above. Our General Terms allow us to change the default interest rate and default fees. FULL REPAYMENT If Initials: This agreement can be signed by each of you pay the unpaid balance in full before the final payment (if there is due (“full prepayment”), you may be required to pay more than one of you) using a fee or charge to compensate us for any loss resulting from the full prepayment. We may have suffered a loss if our current interest rate is lower than the interest rate applying to your original agreement. You may also have to pay our administrative costs relating to the full prepayment. The amount you may have to pay to compensate us for the loss is calculated using the formula prescribed in regulation 9 separate copy of the Credit Contracts and Consumer Finance Regulations 2004. Administrative costs $35.00 for processing the full prepayment. Our General Terms allows us to change the amount of this charge. RIGHT TO CANCEL You are entitled to cancel this agreement by giving notice to us. Time limits for cancellation If this agreement is handed to you directly you must give notice that you intend to cancel within 5 working days after you receive this agreement. If you do sign separately then all the signed agreements together will be treated as one and the same agreement. CUSTOMER In signing this agreement, I (each Customer name on page 1): • Acknowledge that this agreement is sent (which includes the General Terms ) was disclosed to me, and a copy received by me before I signed it and I understand its terms. • If I am not named as the Customer, I have authority to sign this agreement • Consent to you by electronic means (for example, emailEuro Rate Leasing Limited) you must give notice that you intend sending notices and other communications to cancel within 7 working days after the electronic communication is sent. If this agreement was mailed to you, you must give the notice within 9 working days after it was posted. Saturdays, Sundays, and national public holidays are not counted as working days. How to cancel To cancel this agreement you must give us written notice that you intend to cancel this agreement by – • giving notice to us or to any of our employees or agents; or • posting the notice to us or to any of our employees or agents; or • emailing or faxing the notice to us at our my email address or to our fax number (as the case may be) specified on page 3 above1 or any other email address I might later give you in writing. You must also, return I acknowledge that this does not preclude you from sending notices and other communications to us any advance received by you my postal and/or physical address. • Understand that I do not have the option to buy the Vehicle under this agreement. What I agree that you can collect, use and hold my personal information (if this applies) under your Privacy Consent and Disclosure Authority which is also available on your website at xxx.xxxxxxxx.xx.xx. I confirm I have and understood your Privacy Consent and Disclosure Authority. Signature (for the customer) Signature (for the customer) Name of person signing Name of person signing Signing Date Signing Date GUARANTEE AND INDEMNITY I (each Guarantor named on page 1): • Guarantee to you (Euro Rate Leasing Limited) payment of all money owed to you and the performance of all the Customer's obligations under this agreement. • Indemnify you for any loss or damage we may incur if the Customer does not perform any of its obligations under this agreement. • Agree that this guarantee and indemnity will continue until all money owed to you under this agreement is paid back in full and the other obligations under this agreement are performed. I also agree and acknowledge that: • My liability to you is not affected under this guarantee and indemnity by things you may not do under this agreement. For example, you might not have taken any steps to recover any money owing from the Customer first, but you might still ask for me to pay if that money to you. This is because between me and you, you cancel can treat me as though I am the Customer. • You may, at any time, assign or transfer this guarantee and indemnity to any person. If you cancel do this, I understand that the person you assign or transfer this guarantee and indemnity to will replace you and have all your rights and interest. I agree that you may give such person any information you have relating to me to any such assignee or transferee. • If there is more than one Guarantor named above each one of us is individually liable to you under this guarantee and indemnity. This means, for example, you may look to me only to recover any money and not to any other Guarantor. GUARANTOR In signing this agreement, (which includes the guarantee and indemnity above) I (each Guarantor name on page 1): • Understand that I should seek independent legal advice if I do not understand anything in the agreement and my guarantee and indemnity. • Acknowledge that this agreement we (which includes the Guarantee and Indemnity) was disclosed to me before I signed it and that I understand its terms • Consent to you sending notices and other communications to my email address on page 1 or any other email address as you might later give us in writing. I acknowledge that this does not preclude you from sending notices and other communications to my physical address. • I agree that you can charge you – • the amount of reasonable expenses we had to pay in connection with this agreement collect, use and its cancellation (including legal fees hold my personal information under your Privacy Consent and fees for reports, etc.); Disclosure Authority which is also available on your website at xxx.xxxxxxxx.xx.xx. I confirm I have and • interest for the period from the day you received the advance until the day you repay the advance.understood your Privacy Consent and Disclosure Authority. Guarantor Signature Guarantor Signature Guarantor Name Guarantor Name Signing Date Signing Date SIGNED FOR Euro Rate Leasing Limited Date Signed Initials:
Appears in 1 contract
Samples: Operating Lease Agreement
DEFAULT INTEREST CHARGES AND DEFAULT FEES. In the event of a default in payment and while the default continues you must pay the default charges. In the event of a breach of this agreement or on the enforcement of this agreement, the default fees specified below are payable. The default rate is the rate per annum (expressed as a percentage) which is 3% above the annual interest rate (referred to above) or our default interest rate displayed on our website at xxx.xxxxxxxxxxxxxxx.xx.xx whichever is the higher. This is charged on any amount in arrears from the time you fail to make the due payment until the arrears are paid. The default fees are: • $10.00 if any payment you make to us is dishonoured. • $20.00 if we have to prepare and send you a repossession warning notice. • $60.00 if we have to prepare and send you a post repossession notice. • $35.00 if we engage a repossession agent. Note: There may be charges we incur if we engage third parties as a result of your breach under this agreement or if we enforce this agreement. These charges could include debt collection and repossession fees. These are in addition to the default fees listed above. Our General Terms allow us to change the default interest rate and default fees. FULL REPAYMENT If you want to pay the unpaid balance amounts you owe us under this agreement in full before the final payment is due due, you will pay us the amount calculated as follows: The Total Amount of Payments less the payments made by you in reduction of the Total Amount of Payments (the sum being the “Balance of Payments”); Less 80% on the total interest charges remaining on the Balance of Payments* Plus All other amounts you may owe us under this agreement** *You are not entitled to a rebate on any portion of the Balance of Payments that is overdue. **For avoidance of doubt this will include any portion of the Balance of Payments that is overdue. This agreement can be signed by each of you using a separate copy of this agreement. If you do sign separately then all the signed agreements together will be treated as one and the same agreement. In signing this agreement you (each Customer named on page 1): Acknowledge that this agreement (which includes the General Terms) was disclosed to you and a copy received by you before you signed it and that you understand its terms. Consent to us sending notices and other communications to your email address on page 1 or any other email address you might later give to us in writing. Authorise us to pay (on your behalf): - The Balance of the Purchase Price (referred to in the Specific Terms) to the Dealer; and - The charges for any Optional Services (referred to in the Specific Terms on page 2) to the relevant entity. Make the GST declaration as set out on page 1. Confirm that you will be buying the Vehicle for your business purposes. Agree that the guarantees contained in the Consumer Guarantees Act 1993 (“full prepaymentCGA”) in relation to the supply of the Vehicle will not apply to you. For example, you agree that we do not guarantee that the Vehicle is of acceptable quality or that the Vehicle is fit for a particular purpose under the CGA and that you will not be entitled to any remedy from us under the CGA if the Vehicle does not comply with any other of those guarantees (for e.g. we are not liable for any consequential losses). Acknowledge that you do not rely on any representations by us or other conduct by us, whether made before or after this agreement was entered into and contract out of sections 9 (misleading or deceptive conduct generally), 12A (unsubstantiated representations) and 13 (false [or misleading] representations) of the Fair Trading Xxx 0000. For this purpose, you may be required acknowledge that the Dealer is not our agent. Customer Signature Date Customer Signature Date Customer Signature Date Customer Signature Date CUSTOMER GUARANTEE AND INDEMNITY You (each Guarantor named on page 1): • Guarantee to pay a fee or charge us payment of all money owed to compensate us and the performance of all the Customer’s obligations under this agreement. • Indemnify us for any loss resulting from or damage we may incur if the full prepayment. We may have suffered a loss if our current interest rate is lower than the interest rate applying to your original agreement. You may also have to pay our administrative costs relating to the full prepayment. The amount you may have to pay to compensate us for the loss is calculated using the formula prescribed in regulation 9 of the Credit Contracts and Consumer Finance Regulations 2004. Administrative costs $35.00 for processing the full prepayment. Our General Terms allows us to change the amount of this charge. RIGHT TO CANCEL You are entitled to cancel this agreement by giving notice to us. Time limits for cancellation If this agreement is handed to you directly you must give notice that you intend to cancel within 5 working days after you receive this agreement. If this agreement is sent to you by electronic means (for example, email) you must give notice that you intend to cancel within 7 working days after the electronic communication is sent. If this agreement was mailed to you, you must give the notice within 9 working days after it was posted. Saturdays, Sundays, and national public holidays are Customer does not counted as working days. How to cancel To cancel this agreement you must give us written notice that you intend to cancel this agreement by – • giving notice to us or to perform any of our employees his or agents; or • posting the notice to us or to any of our employees or agents; or • emailing or faxing the notice to us at our email address or to our fax number (as the case may be) specified on page 3 above. You must also, return to us any advance received by you her obligations under this agreement. What • Agree that this guarantee and indemnity will continue until all money owed to us under this agreement is paid back in full and the other obligations under this agreement are performed. You also agree and acknowledge that: • Your liability to us is not affected under this guarantee and indemnity by things we may or may not do. For example, we might not have taken steps to recover money owing by the Customer first but we might still ask for you may have to pay if that money to us. This is because between us and you, we can treat you cancel as though you are the Customer. • We may, at any time, assign or transfer our rights and interests under this guarantee and indemnity to anyone else. If we do this you cancel understand that the person we assign or transfer this guarantee and indemnity to will replace us and have all our rights and interests. You agree that we may give such person any information (including personal information) we have relating to you to any such assignee. • If there is more than one Guarantor named above each one of you is individually liable to us under this guarantee and indemnity. This means, for example, we may look to you to recover any money owing and not to another Guarantor. In signing this agreement we can charge (which includes the guarantee and indemnity above) you – (each Guarantor named on page 1): • Acknowledge that this agreement was disclosed to you before you signed it and that you understand its terms. • Consent to us sending notices and other communications to your email address on page 1 or any other email address you might later give us in writing. Guarantor Signature Date Guarantor Signature Date Guarantor Signature Date Guarantor Signature Date GUARANTOR What is This Agreement About The Meaning Of Some Words & Phrases In This Agreement GENERAL TERMS To help you to buy the amount of reasonable expenses we had Vehicle and to pay for any Optional Services, we agree to lend you the Total Advance under this Agreement. Your agreement with us is set out in connection with this the Specific Terms and these General Terms and includes any agreed changes. Your agreement also includes the information on the signing page and its cancellation (including legal fees the Guarantee and fees for reportsIndemnity, etcif applicable.); and • interest for the period from the day you received the advance until the day you repay the advance.
Appears in 1 contract
Samples: Business Credit Agreement
