FURTHER TERMS AND CONDITIONS. It is hereby agreed and declared: - (a) that the Hirer hereby irrevocably and unconditionally consents to the Land Transport Authority carrying out the following actions:- (i) ascertaining the financing status of the Goods with the Hire Purchase, Finance and Leasing Association of Singapore (HPFLAS), prior to the entry of any transfer transactions or online de-registration transactions; and (ii) to temporarily suspend any utilisation of or further transactions in connection with PARF/XXX rebates, transfer transactions or de-registration transactions upon request from the Owner for the Goods in the event that the Goods are found to be financed by a third party at the point of the online transfer transaction or de-registration transaction. (b) that the terms and conditions contained in this Agreement in favour of the Owner shall be in addition to and not in substitution for the terms and conditions implied in favour of the Owner under a hire purchase agreement at common law except insofar as such implied terms and conditions are inconsistent with the terms and conditions of this Agreement; (c) that any liability the Owner might otherwise incur and any right or immunity the Hirer might otherwise possess in respect of any conditions warranties or representations relating to the condition of the Goods or to their merchantable quality or suitability or fitness for the particular or any purpose for which they are or may be required whether such conditions, warranties or representations are expressed or implied, and whether arising under this Agreement or under any prior agreement or in oral or written statements made by or on behalf of any person in the course of negotiations in which the Hirer or his/its representative may have been concerned prior to this Agreement are hereby excluded; (d) that the Owner shall not incur any liability to the Hirer nor shall the Hirer be entitled to rescind this Agreement if the Goods delivered by the Owner to the Hirer do not correspond to their description as contained in this Agreement; Oversea-Chinese Banking Corporation Limited Xx.Xxx.Xx.: 193200032W (e) that no liability shall attach to the Owner either in contract or in tort for loss injury or damage sustained by reason of any non-conformity or defect in the Goods whether such non-conformity or defect be latent or apparent on examination and the Owner shall not be liable to indemnify the Hirer in respect of any claims made against the Hirer by a third party for any such loss, injury or damage; (f) that no dealer, supplier or credit-broker through whom this Agreement may have negotiated or by whom the Goods were supplied or any person in the employ of any such dealer or supplier or credit-broker is or is to be deemed the agent of acting on behalf of the Owner for any purpose and no liability is to be attached to the Owner for any conditions warranties or representations made by such dealer or supplier or person in the employ of such dealer, supplier or credit-broker, and (g) that the Owner may in its absolute discretion levy an administrative charge for any enquiry or confirmation (including but not limited to any statement whether written or otherwise) required by the Hirer or for the retrieval of any relevant file relating to the Hirer’s account with the Owner. EXAMINATION AND QUALITY (h) the Hirer has been given reasonable opportunity to inspect and examine the Goods by the Owner. In this regard, the Hirer has examined the Goods and, save for any non- conformity or matter specifically drawn to the attention of the Owner in writing prior to the execution of this Agreement, the Hirer has found the Goods to be of merchantable and satisfactory quality, in good and proper order and suitable or fit for the purpose for which such Goods are commonly supplied, and that the Hirer has received and taken delivery of the Goods. The Hirer is satisfied that the Goods are in good and proper working condition and suitable or fit for the purpose for which such Goods are commonly supplied. (i) The Hirer has not, whether expressly or by implication, made known to the Owner or any servant or agent of the Owner or any dealer or any servant or agent of the dealer in the course of negotiations conducted before the making of this Agreement any particular purpose for the Goods. The Hirer confirms that the Goods are reasonable fit for the purpose which such goods are commonly supplied and the Hirer has relied on his own skill and judgment, and has not relied on the skill or judgment of the Owner or any servant or agent of the Owner or any dealer or any servant or agent of the dealer. (j) (WHERETHE GOODSARE SECOND HAND GOODS) The Hirer is aware that the Goods are secondhand and all conditions and warranties whether express or implied as to quality merchantability fitness and suitability for its purpose are hereby expressly negatived and excluded. The Xxxxx xxxxxx confirms and acknowledges that this statement was brought to his notice before the execution of this Agreement. The Hirer hereby confirms that he has examined the Goods prior to the execution of this Agreement and has satisfied himself that they are in good and road-worthy (in the case of a motor vehicle) condition and good state of repair and fit for the purpose required by him and acknowledges that, the Goods being secondhand, there shall be no condition express or implied that the Goods are of satisfactory or merchantable quality or are reasonably fit for the purpose for which they are required whether or not such purpose has been made known to the Owner or any servant or agent of the Owner or any dealer or any servant or agent of the dealer. The word “secondhand” appearing herein means that the Goods are not new and have been in the ownership or possession of one or more persons before acquired by the Owner. EXCLUSION OF WARRANTIES Oversea-Chinese Banking Corporation Limited Xx.Xxx.Xx.: 193200032W (k) All conditions and warranties save and except those which are implied by the Act which cannot hereby be excluded by reason thereof, relating to the condition of the Goods, quality, merchantability, suitability roadworthiness (in the case of a motor vehicle) or fitness for the particular or any purpose for which they are or may be required whether such conditions and warranties are expressed or implied and whether arising under this Agreement or under any prior agreement or otherwise are hereby expressly excluded. (l) The Hirer confirms that he has not relied on and the Owner and the dealer and their servants and agents have not made any representation or warranty, whether express or implied, as to the correctness of description, satisfactory quality, merchantability, condition, state of repair and suitability/fitness for any particular purpose or use which is not reduced in writing in this Agreement or implied in law. (m) Except as provided by the said Act, no dealer or supplier through whom this Agreement was negotiated or by whom the Goods were supplied nor any servant or agent of any such dealer or supplier is or is to be deemed the agent of the Owner for any purpose nor is any liability to be attached to the Owner for any conditions warranties or representations made by any such person as aforesaid. (n) Where the Hirer is not a private individual (ie where the Hirer is a company, partnership, limited liability partnership, sole proprietorship business or otherwise), the Hirer is entering into this Agreement in the course of business and is not dealing as a consumer as defined under the Unfair Contract Terms Act 1977 and the Consumer Protection (Fair Trading) Act 2003. (o) Where the Hirer is a private individual and dealing as a consumer as defined under the Consumer Protection (Fair Trading) Act 2003, the Hirer confirms that the Goods correspond with the description as set out in this Agreement and do conform to the Agreement at the time of delivery.
Appears in 1 contract
Samples: Hire Purchase Agreement
FURTHER TERMS AND CONDITIONS. It is hereby agreed and declared: -declared:-
(a) that the Hirer you hereby irrevocably and unconditionally consents consent to the Land Transport Authority carrying out the following actions:-actions:- Oversea-Chinese Banking Corporation Limited Xx.Xxx.Xx.: 193200032W
(i) ascertaining the financing status of the Goods with the Hire Purchase, Finance and Leasing Association of Singapore (“HPFLAS”), prior to the entry of any transfer transactions or online de-registration transactions; and
(ii) to temporarily suspend any utilisation of or further transactions in connection with PARF/XXX rebates, transfer transactions or de-registration transactions upon request from the Owner us for the Goods in the event that the Goods are found to be financed by a third party at the point of the online transfer transaction or de-registration transaction.
(b) that the terms and conditions contained in this Agreement in favour of the Owner us shall be in addition to and not in substitution for the any terms and conditions implied in favour of the Owner under a hire purchase agreement at common law us (except insofar in so far as such implied terms and conditions are inconsistent with the terms and conditions of this Agreement;of
(c) that any liability the Owner might otherwise incur and any right or immunity the Hirer might otherwise possess in respect of any conditions warranties or representations relating to the condition of the Goods or to their merchantable quality or suitability or fitness for the particular or any purpose for which they are or may be required whether such conditions, warranties or representations are expressed or impliedthis Agreement has been signed by you, and whether arising under that any dealer through whom this Agreement or under any prior agreement or in oral or written statements made by or on behalf of any person in the course of negotiations in which the Hirer or his/its representative may have been concerned prior arranged is not (and shall not be deemed to this Agreement are hereby excludedbe) our agent;
(d) that the Owner we shall not incur any liability to the Hirer nor you, and that you shall the Hirer not be entitled to rescind this Agreement Agreement, if the Goods delivered by the Owner to the Hirer you do not correspond to their description as contained in this Agreement; Oversea-Chinese Banking Corporation Limited Xx.Xxx.Xx.: 193200032W;
(e) that no liability shall attach to the Owner us (either in contract or in tort tort) for loss any loss, injury or damage sustained by reason of any non-conformity or defect in the Goods (whether such non-non- conformity or defect be latent or apparent on examination examination), and the Owner we shall not be liable to indemnify the Hirer you in respect of any claims made against the Hirer you by a third party for any such loss, injury or damage;
(f) that no dealer, supplier or credit-broker through whom this Agreement may have been negotiated or by whom the Goods were supplied (or any person in the employ of any such dealer or supplier or credit-broker broker) is or is to be deemed the our agent of (or deemed to be acting on behalf of the Owner our behalf) for any purpose purpose, and no liability is to be attached to the Owner us for any conditions conditions, warranties or representations made by such dealer or supplier or credit-broker (or person in the employ of such dealer, supplier or credit-broker, ); and
(g) that the Owner we may in its our absolute discretion levy an administrative charge for any enquiry or confirmation (including but not limited to any statement whether written or otherwise) required by the Hirer you or for the retrieval of any relevant file relating to the Hirer’s your account with the Owner. EXAMINATION AND QUALITY
(h) the Hirer has been given reasonable opportunity to inspect and examine the Goods by the Owner. In this regard, the Hirer has examined the Goods and, save for any non- conformity or matter specifically drawn to the attention of the Owner in writing prior to the execution of this Agreement, the Hirer has found the Goods to be of merchantable and satisfactory quality, in good and proper order and suitable or fit for the purpose for which such Goods are commonly supplied, and that the Hirer has received and taken delivery of the Goods. The Hirer is satisfied that the Goods are in good and proper working condition and suitable or fit for the purpose for which such Goods are commonly suppliedus.
(i) The Hirer has not, whether expressly or by implication, made known to the Owner or any servant or agent of the Owner or any dealer or any servant or agent of the dealer in the course of negotiations conducted before the making of this Agreement any particular purpose for the Goods. The Hirer confirms that the Goods are reasonable fit for the purpose which such goods are commonly supplied and the Hirer has relied on his own skill and judgment, and has not relied on the skill or judgment of the Owner or any servant or agent of the Owner or any dealer or any servant or agent of the dealer.
(j) (WHERETHE GOODSARE SECOND HAND GOODS) The Hirer is aware that the Goods are secondhand and all conditions and warranties whether express or implied as to quality merchantability fitness and suitability for its purpose are hereby expressly negatived and excluded. The Xxxxx xxxxxx confirms and acknowledges that this statement was brought to his notice before the execution of this Agreement. The Hirer hereby confirms that he has examined the Goods prior to the execution of this Agreement and has satisfied himself that they are in good and road-worthy (in the case of a motor vehicle) condition and good state of repair and fit for the purpose required by him and acknowledges that, the Goods being secondhand, there shall be no condition express or implied that the Goods are of satisfactory or merchantable quality or are reasonably fit for the purpose for which they are required whether or not such purpose has been made known to the Owner or any servant or agent of the Owner or any dealer or any servant or agent of the dealer. The word “secondhand” appearing herein means that the Goods are not new and have been in the ownership or possession of one or more persons before acquired by the Owner. EXCLUSION OF WARRANTIES Oversea-Chinese Banking Corporation Limited Xx.Xxx.Xx.: 193200032W
(k) All conditions and warranties save and except those which are implied by the Act which cannot hereby be excluded by reason thereof, relating to the condition of the Goods, quality, merchantability, suitability roadworthiness (in the case of a motor vehicle) or fitness for the particular or any purpose for which they are or may be required whether such conditions and warranties are expressed or implied and whether arising under this Agreement or under any prior agreement or otherwise are hereby expressly excluded.
(l) The Hirer confirms that he has not relied on and the Owner and the dealer and their servants and agents have not made any representation or warranty, whether express or implied, as to the correctness of description, satisfactory quality, merchantability, condition, state of repair and suitability/fitness for any particular purpose or use which is not reduced in writing in this Agreement or implied in law.
(m) Except as provided by the said Act, no dealer or supplier through whom this Agreement was negotiated or by whom the Goods were supplied nor any servant or agent of any such dealer or supplier is or is to be deemed the agent of the Owner for any purpose nor is any liability to be attached to the Owner for any conditions warranties or representations made by any such person as aforesaid.
(n) Where the Hirer is not a private individual (ie where the Hirer is a company, partnership, limited liability partnership, sole proprietorship business or otherwise), the Hirer is entering into this Agreement in the course of business and is not dealing as a consumer as defined under the Unfair Contract Terms Act 1977 and the Consumer Protection (Fair Trading) Act 2003.
(o) Where the Hirer is a private individual and dealing as a consumer as defined under the Consumer Protection (Fair Trading) Act 2003, the Hirer confirms that the Goods correspond with the description as set out in this Agreement and do conform to the Agreement at the time of delivery.
Appears in 1 contract
Samples: Hire Purchase Agreement
FURTHER TERMS AND CONDITIONS. It is hereby agreed and declared: -
(a) that the Hirer hereby irrevocably and unconditionally consents to the Land Transport Authority carrying out the following actions:-
(i) ascertaining the financing status of the Goods with the Hire Purchase, Finance and Leasing Association of Singapore (HPFLAS), prior to the entry of any transfer transactions or online de-registration transactions; and
(ii) to temporarily suspend any utilisation of or further transactions in connection with PARF/XXX rebates, transfer transactions or de-registration transactions upon request from the Owner for the Goods in the event that the Goods are found to be financed by a third party at the point of the online transfer transaction or de-registration transaction.
(b) that the terms and conditions contained in this Agreement in favour of the Owner shall be in addition to and not in substitution for the terms and conditions implied in favour of the Owner under a hire purchase agreement at common law except insofar as such implied terms and conditions are inconsistent with the terms and conditions of this Agreement;
(c) that any liability the Owner might otherwise incur and any right or immunity the Hirer might otherwise possess in respect of any conditions warranties or representations relating to the condition of the Goods or to their merchantable quality or suitability or fitness for the particular or any purpose for which they are or may be required whether such conditions, warranties or representations are expressed or implied, and whether arising under this Agreement or under any prior agreement or in oral or written statements made by or on behalf of any person in the course of negotiations in which the Hirer or his/its representative may have been concerned prior to this Agreement are hereby excluded;
(d) that the Owner shall not incur any liability to the Hirer nor shall the Hirer be entitled to rescind this Agreement if the Goods delivered by the Owner to the Hirer do not correspond to their description as contained in this Agreement; Oversea-Chinese Banking Corporation Limited Xx.Xxx.Xx.: 193200032W;
(e) that no liability shall attach to the Owner either in contract or in tort for loss injury or damage sustained by reason of any non-conformity or defect in the Goods whether such non-conformity or defect be latent or apparent on examination and the Owner shall not be liable to indemnify the Hirer in respect of any claims made against the Hirer by a third party for any such loss, injury or damage;
(f) that no dealer, supplier or credit-broker through whom this Agreement may have negotiated or by whom the Goods were supplied or any person in the employ of any such dealer or supplier or credit-broker is or is to be deemed the agent of acting on behalf of the Owner for any purpose and no liability is to be attached to the Owner for any conditions warranties or representations made by such dealer or supplier or person in the employ of such dealer, supplier or credit-broker, and
(g) that the Owner may in its absolute discretion levy an administrative charge for any enquiry or confirmation (including but not limited to any statement whether written or otherwise) required by the Hirer or for the retrieval of any relevant file relating to the Hirer’s account with the Owner. Xx.Xxx.xx.: 193200032W OCBC BANK / HPNA / MAY / 14 EXAMINATION AND QUALITY
(h) the Hirer has been given reasonable opportunity to inspect and examine the Goods by the Owner. In this regard, the Hirer has examined the Goods and, save for any non- non-conformity or matter specifically drawn to the attention of the Owner in writing prior to the execution of this Agreement, the Hirer has found the Goods to be of merchantable and satisfactory quality, in good and proper order and suitable or fit for the purpose for which such Goods are commonly supplied, and that the Hirer has received and taken delivery of the Goods. The Hirer is satisfied that the Goods are in good and proper working condition and suitable or fit for the purpose for which such Goods are commonly supplied.
(i) The Hirer has not, whether expressly or by implication, made known to the Owner or any servant or agent of the Owner or any dealer or any servant or agent of the dealer in the course of negotiations conducted before the making of this Agreement any particular purpose for the Goods. The Hirer confirms that the Goods are reasonable fit for the purpose which such goods are commonly supplied and the Hirer has relied on his own skill and judgment, and has not relied on the skill or judgment of the Owner or any servant or agent of the Owner or any dealer or any servant or agent of the dealer.
(j) (WHERETHE GOODSARE WHERE THE GOODS ARE SECOND HAND GOODS) The Hirer is aware that the Goods are secondhand and all conditions and warranties whether express or implied as to quality merchantability fitness and suitability for its purpose are hereby expressly negatived and excluded. The Xxxxx xxxxxx Hirer hereby confirms and acknowledges that this statement was brought to his notice before the execution of this Agreement. The Hirer hereby confirms that he has examined the Goods prior to the execution of this Agreement and has satisfied himself that they are in good and road-worthy (in the case of a motor vehicle) condition and good state of repair and fit for the purpose required by him and acknowledges that, the Goods being secondhand, there shall be no condition express or implied that the Goods are of satisfactory or merchantable quality or are reasonably fit for the purpose for which they are required whether or not such purpose has been made known to the Owner or any servant or agent of the Owner or any dealer or any servant or agent of the dealer. The word “secondhand” appearing herein means that the Goods are not new and have been in the ownership or possession of one or more persons before acquired by the Owner. EXCLUSION OF WARRANTIES Oversea-Chinese Banking Corporation Limited Xx.Xxx.Xx.: 193200032WWARRANTIES
(k) All conditions and warranties save and except those which are implied by the Act which cannot hereby be excluded by reason thereof, relating to the condition of the Goods, quality, merchantability, suitability roadworthiness (in the case of a motor vehicle) or fitness for the particular or any purpose for which they are or may be required whether such conditions and warranties are expressed or implied and whether arising under this Agreement or under any prior agreement or otherwise are hereby expressly excluded.
(l) The Hirer confirms that he has not relied on and the Owner and the dealer and their servants and agents have not made any representation or warranty, whether express or implied, as to the correctness of description, satisfactory quality, merchantability, condition, state of repair and suitability/fitness for any particular purpose or use which is not reduced in writing in this Agreement or implied in law.
(m) Except as provided by the said Act, no dealer or supplier through whom this Agreement was negotiated or by whom the Goods were supplied nor any servant or agent of any such dealer or supplier is or is to be deemed the agent of the Owner for any purpose nor is any liability to be attached to the Owner for any conditions warranties or representations made by any such person as aforesaid.
(n) Where the Hirer is not a private individual (ie where the Hirer is a company, partnership, limited liability partnership, sole proprietorship business or otherwise), the Hirer is entering into this Agreement in the course of business and is not dealing as a consumer as defined under the Unfair Contract Terms Act 1977 (Cap. 396) and the Consumer Protection (Fair Trading) Act 2003(Cap. 52A).
(o) Where the Hirer is a private individual and dealing as a consumer as defined under the Consumer Protection (Fair Trading) Act 2003(Cap. 52A), the Hirer confirms that the Goods correspond with the description as set out in this Agreement and do conform to the Agreement at the time of delivery.
Appears in 1 contract
Samples: Hire Purchase Agreement
FURTHER TERMS AND CONDITIONS. (a) It is hereby agreed and declared: -declared:-
(ab) that the Hirer hereby irrevocably and unconditionally consents to the Land Transport Authority carrying out the following actions:-
(ic) ascertaining the financing status of the Goods with the Hire Purchase, Finance and Leasing Association of Singapore (“HPFLAS”), prior to the entry of any transfer transactions or online de-registration transactions; and
(iid) (i) to temporarily suspend any utilisation of or further transactions in connection with PARF/XXX rebates, transfer transactions or de-registration transactions upon request from the Owner for the Goods in the event that the Goods are found to be financed by a third party at the point of the online transfer transaction or de-registration transaction.
(be) that the terms and conditions contained in this Agreement in favour of the Owner shall be in addition to and not in substitution for the terms and conditions implied in favour of the Owner under a hire purchase agreement at common law except insofar in so far as such implied terms and conditions are inconsistent with the terms and conditions of this AgreementAgreement and/or the Act;
(cf) that save as provided in the Act including for the purpose of delivering to the Hirer the written statement in accordance with Section 3(1) of the Act before this Agreement has been signed by the Hirer, and any dealer through whom this Agreement may have been arranged is not and shall not be deemed to be an agent of the Owner;
(g) that save as prohibited under the Act, any liability of the Owner might otherwise incur and any right or immunity the Hirer might otherwise possess in respect of any conditions warranties or representations relating to the condition of the Goods or to their merchantable quality or suitability or fitness for the particular or any purpose for which they are or may be required whether such conditions, conditions warranties or representations representation are expressed express or implied, and whether arising under this Agreement or under any prior agreement other Agreement made verbally or in oral or by written statements made by or on behalf of any person in the course of negotiations in which the Hirer or his/its representative may have been concerned prior to this Agreement are hereby excluded;
(dh) that save as prohibited under the Act, the Owner shall not incur any liability to the Hirer nor shall the Hirer be entitled to rescind this Agreement if the Goods delivered by the Owner to the Hirer do not correspond to their description as contained in this Agreement; Oversea-Chinese Banking Corporation Limited Xx.Xxx.Xx.: 193200032W;
(ei) that no liability shall attach to the Owner either in contract or in tort for loss injury or damage sustained by reason of any non-conformity or defect in the Goods whether such non-non- conformity or defect be latent or apparent on examination and the Owner shall not be liable to indemnify the Hirer in respect of any claims made against the Hirer by a third party for any such loss, injury or damage;; and Oversea-Chinese Banking Corporation Limited Xx.Xxx.Xx.: 193200032W
(fj) that save as provided otherwise in the Act, no dealer, supplier or credit-broker through whom this Agreement may have been negotiated or by whom the Goods were supplied or any person in the employ of any such dealer or supplier or credit-broker is or is to be deemed the agent of or acting on behalf of the Owner for any purpose and no liability is to be attached to the Owner for any conditions warranties or representations made by such dealer or supplier or person in the employ of such dealer, supplier or credit-broker, and
(g) that the Owner may in its absolute discretion levy an administrative charge for any enquiry or confirmation (including but not limited to any statement whether written or otherwise) required by the Hirer or for the retrieval of any relevant file relating to the Hirer’s account with the Owner. EXAMINATION AND QUALITY
(h) the Hirer has been given reasonable opportunity to inspect and examine the Goods by the Owner. In this regard, the Hirer has examined the Goods and, save for any non- conformity or matter specifically drawn to the attention of the Owner in writing prior to the execution of this Agreement, the Hirer has found the Goods to be of merchantable and satisfactory quality, in good and proper order and suitable or fit for the purpose for which such Goods are commonly supplied, and that the Hirer has received and taken delivery of the Goods. The Hirer is satisfied that the Goods are in good and proper working condition and suitable or fit for the purpose for which such Goods are commonly suppliedpurpose.
(i) The Hirer has not, whether expressly or by implication, made known to the Owner or any servant or agent of the Owner or any dealer or any servant or agent of the dealer in the course of negotiations conducted before the making of this Agreement any particular purpose for the Goods. The Hirer confirms that the Goods are reasonable fit for the purpose which such goods are commonly supplied and the Hirer has relied on his own skill and judgment, and has not relied on the skill or judgment of the Owner or any servant or agent of the Owner or any dealer or any servant or agent of the dealer.
(j) (WHERETHE GOODSARE SECOND HAND GOODS) The Hirer is aware that the Goods are secondhand and all conditions and warranties whether express or implied as to quality merchantability fitness and suitability for its purpose are hereby expressly negatived and excluded. The Xxxxx xxxxxx confirms and acknowledges that this statement was brought to his notice before the execution of this Agreement. The Hirer hereby confirms that he has examined the Goods prior to the execution of this Agreement and has satisfied himself that they are in good and road-worthy (in the case of a motor vehicle) condition and good state of repair and fit for the purpose required by him and acknowledges that, the Goods being secondhand, there shall be no condition express or implied that the Goods are of satisfactory or merchantable quality or are reasonably fit for the purpose for which they are required whether or not such purpose has been made known to the Owner or any servant or agent of the Owner or any dealer or any servant or agent of the dealer. The word “secondhand” appearing herein means that the Goods are not new and have been in the ownership or possession of one or more persons before acquired by the Owner. EXCLUSION OF WARRANTIES Oversea-Chinese Banking Corporation Limited Xx.Xxx.Xx.: 193200032W
(k) All conditions and warranties save and except those which are implied by the Act which cannot hereby be excluded by reason thereof, relating to the condition of the Goods, quality, merchantability, suitability roadworthiness (in the case of a motor vehicle) or fitness for the particular or any purpose for which they are or may be required whether such conditions and warranties are expressed or implied and whether arising under this Agreement or under any prior agreement or otherwise are hereby expressly excluded.
(l) The Hirer confirms that he has not relied on and the Owner and the dealer and their servants and agents have not made any representation or warranty, whether express or implied, as to the correctness of description, satisfactory quality, merchantability, condition, state of repair and suitability/fitness for any particular purpose or use which is not reduced in writing in this Agreement or implied in law.
(m) Except as provided by the said Act, no dealer or supplier through whom this Agreement was negotiated or by whom the Goods were supplied nor any servant or agent of any such dealer or supplier is or is to be deemed the agent of the Owner for any purpose nor is any liability to be attached to the Owner for any conditions warranties or representations made by any such person as aforesaid.
(n) Where the Hirer is not a private individual (ie where the Hirer is a company, partnership, limited liability partnership, sole proprietorship business or otherwise), the Hirer is entering into this Agreement in the course of business and is not dealing as a consumer as defined under the Unfair Contract Terms Act 1977 and the Consumer Protection (Fair Trading) Act 2003.
(o) Where the Hirer is a private individual and dealing as a consumer as defined under the Consumer Protection (Fair Trading) Act 2003, the Hirer confirms that the Goods correspond with the description as set out in this Agreement and do conform to the Agreement at the time of delivery.
Appears in 1 contract
Samples: Hire Purchase Agreement
FURTHER TERMS AND CONDITIONS. It is hereby agreed and declared: -
(a) that the Hirer hereby irrevocably and unconditionally consents to the Land Transport Authority carrying out the following actions:-
(i) ascertaining the financing status of the Goods with the thefinancingstatus ofthe Goodswiththe Hire Purchase, Finance and Leasing Association of Singapore (HPFLAS), prior to the entry of any transfer transactions or online de-registration transactions; and
(ii) to temporarily suspend any utilisation of or further transactions in connection with PARF/XXX rebates, transfer transactions or de-registration transactions upon request from the Owner for the Goods in the event that the Goods are found to be financed by a third party at the point of the online transfer transaction or de-registration transaction.
(b) that the terms and conditions contained in this Agreement in favour of the Owner shall be in addition to and not in substitution for the terms and conditions implied in favour of the Owner under a hire purchase agreement at common law except insofar as such implied terms and conditions are inconsistent with the terms and conditions of this Agreement;
(c) that any liability the Owner might otherwise incur and any right or immunity the Hirer might otherwise possess in respect of any conditions warranties or representations relating to the condition of the Goods or to their merchantable quality or suitability or fitness for the particular or any purpose for which they are or may be required whether such conditions, warranties or representations are expressed or implied, and whether arising under this Agreement or under any prior agreement or in oral or written statements made by or on behalf of any person in the course of negotiations in which the Hirer or his/its representative may have been concerned prior to this Agreement are hereby excludedherebyexcluded;
(d) that the Owner shall not incur any liability to the Hirer nor shall the Hirer be entitled to rescind this Agreement if the Goods delivered by the Owner to the Hirer do not correspond to their description as contained in this Agreement; Oversea-Chinese Banking Corporation Limited Xx.Xxx.Xx.: 193200032W;
(e) that no liability shall attach to the Owner either in contract or in tort for loss injury or damage sustained by reason sustainedbyreason of any non-conformity or defect in the Goods whether such non-conformity or defect be latent or apparent on examination and the Owner shall not be liable to indemnify the Hirer in respect of any claims made against the Hirer by a third party for any such loss, injury or damageordamage;
(f) that no dealer, supplier or credit-broker through whom this Agreement may have negotiated or by whom the Goods were supplied or any person in the employ of any such dealer or supplier or credit-broker is or is to be deemed the agent of acting on behalf of the Owner for any purpose and no liability is to be attached to the Owner for any conditions warranties or representations made by such dealer or supplier or person in the employ of such dealer, supplier or credit-broker, and
(g) that the Owner may in its absolute discretion levy an administrative charge for any enquiry or confirmation (including but not limited to any statement whether written or otherwise) required by the Hirer or for the retrieval bythe Hirerorfortheretrieval of any relevant file relating to the Hirer’s account with the Owner. EXAMINATION AND QUALITY
(h) the Hirer has been given reasonable opportunity to inspect and examine the Goods by the Owner. In this regard, the Hirer has examined the Goods and, save for any non- non-conformity or matter specifically drawn to the attention of the Owner in writing prior to the execution of this Agreement, the Hirer has found the Goods to be of merchantable and satisfactory quality, in good and proper order and suitable or fit for the purpose for which such Goods are commonly supplied, and that the Hirer has received and taken delivery of the Goods. The Hirer is satisfied that the Goods are in good and proper working condition and suitable or fit for the purpose for which such Goods are commonly supplied.
(i) The Hirer has not, whether expressly or by implication, made known to the Owner or any servant or agent of the Owner or any dealer or any servant or agent of the dealer in the course of negotiations conducted before the making of this Agreement any particular purpose for the Goods. The Hirer confirms that the Goods are reasonable fit for the purpose which such goods are commonly supplied and the Hirer has relied on his own skill and judgment, and has not relied on the skill or judgment of the Owner or any servant or agent of the Owner or any dealer or any servant or agent of the dealer.
(j) (WHERETHE GOODSARE SECOND HAND GOODS) The Hirer is aware that the Goods are secondhand SECONDHANDGOODS)TheHireris awarethat theGoods aresecondhand and all conditions and warranties whether express or implied as to quality merchantability fitness and suitability for its purpose are hereby expressly negatived and excluded. The Xxxxx xxxxxx Hirer hereby confirms and acknowledges that this statement was brought to his notice before the execution of this Agreement. The Hirer hereby confirms that he has examined the Goods prior to the execution of this Agreement and has satisfied himself that they are in good and road-worthy (in the case of a motor vehicle) condition and good state of repair and fit for the purpose required by him and acknowledges that, the Goods being secondhand, there shall be no condition express or implied that the Goods are of satisfactory or merchantable quality or are reasonably fit for the purpose for which they are required whether or not such purpose has been made known to the Owner or any servant or agent of the Owner or any dealer or any servant or agent of the dealer. The word “secondhand” appearing herein means that the Goods are not new and have been in the ownership or possession of one or more persons before acquired by the Owner. EXCLUSION OF WARRANTIES Oversea-Chinese Banking Corporation Limited XxtheOwner.Xxx.Xx.: 193200032W
(k) All conditions and warranties save and except those which are implied by the Act which cannot hereby be excluded by reason thereof, relating to the condition of the Goods, quality, merchantability, suitability roadworthiness (in the case of a motor vehicle) or fitness for the particular or any purpose for which they are or may be required whether such conditions and warranties are expressed or implied and whether arising under this Agreement or under any prior agreement or otherwise are hereby expressly excluded.
(l) The Hirer confirms that he has not relied on and the Owner and the dealer and their servants and agents have not made any representation or warranty, whether express or implied, as to the correctness of description, satisfactory quality, merchantability, condition, state of repair and suitability/fitness for any particular purpose or use which is not reduced in writing in this Agreement or implied in law.
(m) Except as provided by the said Act, no dealer or supplier through whom this Agreement was negotiated or by whom the Goods were supplied nor any servant or agent of any such dealer or supplier is or is to be deemed the agent of the Owner for any purpose nor is any liability to be attached to the Owner for any conditions warranties or representations made by any such person as aforesaid.
(n) Where the Hirer is not a private individual (ie where the Hirer is a company, partnership, limited liability partnership, sole proprietorship business or otherwise), the Hirer is entering into this Agreement in the course of business and is not dealing as a consumer as defined under the Unfair Contract Terms Act 1977 and the Consumer Protection (Fair Trading) Act 2003.
(o) Where the Hirer is a private individual and dealing as a consumer as defined under the Consumer Protection (Fair Trading) Act 2003, the Hirer confirms that the Goods correspond with the description as set out in this Agreement and do conform to the Agreement at the time of delivery.
Appears in 1 contract
Samples: Hire Purchase Agreement
FURTHER TERMS AND CONDITIONS. It is hereby agreed and declared: -declared:-
(a) that the Hirer hereby irrevocably and unconditionally consents to the Land Transport Authority carrying out the following actions:-
(i) ascertaining the financing status of the Goods with the Hire Purchase, Finance and Leasing Association of Singapore (“HPFLAS”), prior to the entry of any transfer transactions or online de-registration transactions; and
(iii) to temporarily suspend any utilisation of or further transactions in connection with PARF/XXX rebates, transfer transactions or de-registration transactions upon request from the Owner for the Goods in the event that the Goods are found to be financed by a third party at the point of the online transfer transaction or de-registration transaction.
(b) that the terms and conditions contained in this Agreement in favour of the Owner shall be in addition to and not in substitution for the terms and conditions implied in favour of the Owner under a hire purchase agreement at common law except insofar in so far as such implied terms and conditions are inconsistent with the terms and conditions of this AgreementAgreement and/or the Act;
(c) thatsave as provided in theAct includingfor the purposeofdeliveringto the Hirerthe writtenstatement in accordance with Section 3(1) of the Act before this Agreement has been signed by the Hirer, and any dealer through whom this Agreement may have been arranged is not and shall not be deemed to be an agent of the Owner;
(d) that save as prohibited under the Act, any liability of the Owner might otherwise incur and any right or immunity the Hirer might otherwise possess in respect of any conditions warranties or representations relating to the condition of the Goods or to their merchantable quality or suitability or fitness for the particular or any purpose for which they are or may be required whether such conditions, conditions warranties or representations representation are expressed express or implied, and whether arising under this Agreement or under any prior agreement other Agreement made verbally or in oral or by written statements made by or on behalf of any person in the course of negotiations in which the Hirer or his/its representative may have been concerned prior to this Agreement are hereby excludedherebyexcluded;
(de) that save as prohibited under the Act, the Owner shall not incur any liability to the Hirer nor shall the Hirer be entitled to rescind this Agreement if the Goods delivered by the Owner to the Hirer do not correspond to their description as contained in this Agreement; Oversea-Chinese Banking Corporation Limited Xx.Xxx.Xx.: 193200032W;
(ef) that no liability shall attach to the Owner either in contract or in tort for loss injury or damage sustained by reason of any non-conformity or defect in the Goods whether such non-conformity or defect be latent or apparent on examination and the Owner shall not be liable to indemnify the Hirer in respect of any claims made against the Hirer by a third party for any such loss, injury or damage;; and
(fg) that save as provided otherwise in the Act, no dealer, supplier or credit-broker through whom this Agreement may have been negotiated or by whom the Goods were supplied or any person in the employ of any such dealer or supplier or credit-broker is or is to be deemed the agent of or acting on behalf of the Owner for any purpose and no liability is to be attached to the Owner for any conditions warranties or representations made by such dealer or supplier or person in the employ of such dealer, supplier or credit-broker, and
(g) that the Owner may in its absolute discretion levy an administrative charge for any enquiry or confirmation (including but not limited to any statement whether written or otherwise) required by the Hirer or for the retrieval of any relevant file relating to the Hirer’s account with the Owner. EXAMINATION AND QUALITY
(h) the Hirer has been given reasonable opportunity to inspect and examine the Goods by the Owner. In this regard, the Hirer has examined the Goods and, save for any non- conformity or matter specifically drawn to the attention of the Owner in writing prior to the execution of this Agreement, the Hirer has found the Goods to be of merchantable and satisfactory quality, in good and proper order and suitable or fit for the purpose for which such Goods are commonly supplied, and that the Hirer has received and taken delivery of the Goods. The Hirer is satisfied that the Goods are in good and proper working condition and suitable or fit for the purpose for which such Goods are commonly suppliedpurpose.
(i) The Hirer has not, whether expressly or by implication, made known to the Owner or any servant or agent of the Owner or any dealer or any servant or agent of the dealer in the course of negotiations conducted before the making of this Agreement any particular purpose for the Goods. The Hirer confirms that the Goods are reasonable fit for the purpose which such goods are commonly supplied and the Hirer has relied on his own skill and judgment, and has not relied on the skill or judgment of the Owner or any servant or agent of the Owner or any dealer or any servant or agent of the dealer.
(j) (WHERETHE GOODSARE SECOND HAND GOODS) The Hirer is aware that the Goods are secondhand and all conditions and warranties whether express or implied as to quality merchantability fitness and suitability for its purpose are hereby expressly negatived and excluded. The Xxxxx xxxxxx confirms and acknowledges that this statement was brought to his notice before the execution of this Agreement. The Hirer hereby confirms that he has examined the Goods prior to the execution of this Agreement and has satisfied himself that they are in good and road-worthy (in the case of a motor vehicle) condition and good state of repair and fit for the purpose required by him and acknowledges that, the Goods being secondhand, there shall be no condition express or implied that the Goods are of satisfactory or merchantable quality or are reasonably fit for the purpose for which they are required whether or not such purpose has been made known to the Owner or any servant or agent of the Owner or any dealer or any servant or agent of the dealer. The word “secondhand” appearing herein means that the Goods are not new and have been in the ownership or possession of one or more persons before acquired by the Owner. EXCLUSION OF WARRANTIES Oversea-Chinese Banking Corporation Limited Xx.Xxx.Xx.: 193200032W
(k) All conditions and warranties save and except those which are implied by the Act which cannot hereby be excluded by reason thereof, relating to the condition of the Goods, quality, merchantability, suitability roadworthiness (in the case of a motor vehicle) or fitness for the particular or any purpose for which they are or may be required whether such conditions and warranties are expressed or implied and whether arising under this Agreement or under any prior agreement or otherwise are hereby expressly excluded.
(l) The Hirer confirms that he has not relied on and the Owner and the dealer and their servants and agents have not made any representation or warranty, whether express or implied, as to the correctness of description, satisfactory quality, merchantability, condition, state of repair and suitability/fitness for any particular purpose or use which is not reduced in writing in this Agreement or implied in law.
(m) Except as provided by the said Act, no dealer or supplier through whom this Agreement was negotiated or by whom the Goods were supplied nor any servant or agent of any such dealer or supplier is or is to be deemed the agent of the Owner for any purpose nor is any liability to be attached to the Owner for any conditions warranties or representations made by any such person as aforesaid.
(n) Where the Hirer is not a private individual (ie where the Hirer is a company, partnership, limited liability partnership, sole proprietorship business or otherwise), the Hirer is entering into this Agreement in the course of business and is not dealing as a consumer as defined under the Unfair Contract Terms Act 1977 and the Consumer Protection (Fair Trading) Act 2003.
(o) Where the Hirer is a private individual and dealing as a consumer as defined under the Consumer Protection (Fair Trading) Act 2003, the Hirer confirms that the Goods correspond with the description as set out in this Agreement and do conform to the Agreement at the time of delivery.
Appears in 1 contract
Samples: Hire Purchase Agreement
FURTHER TERMS AND CONDITIONS. It is hereby agreed and declared: -declared:-
(a) that the Hirer you hereby irrevocably and unconditionally consents consent to the Land Transport Authority carrying out the following actions:-
(i) ascertaining the financing status of the Goods with the Hire Purchase, Finance and Leasing Association of Singapore (“HPFLAS”), prior to the entry of any transfer transactions or online de-registration transactions; and
(ii) to temporarily suspend any utilisation of or further transactions in connection with PARF/XXX rebates, transfer transactions or de-registration transactions upon request from the Owner us for the Goods in the event that the Goods are found to be financed by a third party at the point of the online transfer transaction or de-registration transaction.
(b) that the terms and conditions contained in this Agreement in favour of the Owner us shall be in addition to and not in substitution for the any terms and conditions implied in favour of the Owner under a hire purchase agreement at common law us (except insofar in so far as such implied terms and conditions are inconsistent with the terms and conditions of this Agreement;Agreement and/or the Act (if applicable)).
(c) that any liability the Owner might otherwise incur and any right or immunity the Hirer might otherwise possess in respect of any conditions warranties or representations relating to the condition of the Goods or to their merchantable quality or suitability or fitness for the particular or any purpose for which they are or may be required whether such conditions, warranties or representations are expressed or impliedthis Agreement has been signed by you, and whether arising under that any dealer through whom this Agreement or under any prior agreement or in oral or written statements made by or on behalf of any person in the course of negotiations in which the Hirer or his/its representative may have been concerned prior arranged is not (and shall not be deemed to this Agreement are hereby excludedbe) our agent;
(d) that the Owner we shall not incur any liability to the Hirer nor you, and that you shall the Hirer not be entitled to rescind this Agreement Agreement, if the Goods delivered by the Owner to the Hirer you do not correspond to their description as contained in this Agreement; Oversea-Chinese Banking Corporation Limited Xx.Xxx.Xx.: 193200032W;
(e) that no liability shall attach to the Owner us (either in contract or in tort tort) for loss any loss, injury or damage sustained by reason of any non-conformity or defect in the Goods (whether such non-non- conformity or defect be latent or apparent on examination examination), and the Owner we shall not be liable to indemnify the Hirer you in respect of any claims made against the Hirer you by a third party for any such loss, injury or damage;
(f) that no dealer, supplier or credit-broker through whom this Agreement may have been negotiated or by whom the Goods were supplied (or any person in the employ of any such dealer or supplier or credit-broker broker) is or is to be deemed the our agent of (or deemed to be acting on behalf of the Owner our behalf) for any purpose purpose, and no liability is to be attached to the Owner us for any conditions conditions, warranties or representations made by such dealer or supplier or credit-broker (or person Xx.Xxx.xx.: 193200032W OCBC BANK / APR 21 in the employ of such dealer, supplier or credit-broker, ); and
(g) that the Owner we may in its our absolute discretion levy an administrative charge for any enquiry or confirmation (including but not limited to any statement whether written or otherwise) required by the Hirer you or for the retrieval of any relevant file relating to the Hirer’s your account with the Owner. EXAMINATION AND QUALITY
(h) the Hirer has been given reasonable opportunity to inspect and examine the Goods by the Owner. In this regard, the Hirer has examined the Goods and, save for any non- conformity or matter specifically drawn to the attention of the Owner in writing prior to the execution of this Agreement, the Hirer has found the Goods to be of merchantable and satisfactory quality, in good and proper order and suitable or fit for the purpose for which such Goods are commonly supplied, and that the Hirer has received and taken delivery of the Goods. The Hirer is satisfied that the Goods are in good and proper working condition and suitable or fit for the purpose for which such Goods are commonly suppliedus.
(i) The Hirer has not, whether expressly or by implication, made known to the Owner or any servant or agent of the Owner or any dealer or any servant or agent of the dealer in the course of negotiations conducted before the making of this Agreement any particular purpose for the Goods. The Hirer confirms that the Goods are reasonable fit for the purpose which such goods are commonly supplied and the Hirer has relied on his own skill and judgment, and has not relied on the skill or judgment of the Owner or any servant or agent of the Owner or any dealer or any servant or agent of the dealer.
(j) (WHERETHE GOODSARE SECOND HAND GOODS) The Hirer is aware that the Goods are secondhand and all conditions and warranties whether express or implied as to quality merchantability fitness and suitability for its purpose are hereby expressly negatived and excluded. The Xxxxx xxxxxx confirms and acknowledges that this statement was brought to his notice before the execution of this Agreement. The Hirer hereby confirms that he has examined the Goods prior to the execution of this Agreement and has satisfied himself that they are in good and road-worthy (in the case of a motor vehicle) condition and good state of repair and fit for the purpose required by him and acknowledges that, the Goods being secondhand, there shall be no condition express or implied that the Goods are of satisfactory or merchantable quality or are reasonably fit for the purpose for which they are required whether or not such purpose has been made known to the Owner or any servant or agent of the Owner or any dealer or any servant or agent of the dealer. The word “secondhand” appearing herein means that the Goods are not new and have been in the ownership or possession of one or more persons before acquired by the Owner. EXCLUSION OF WARRANTIES Oversea-Chinese Banking Corporation Limited Xx.Xxx.Xx.: 193200032W
(k) All conditions and warranties save and except those which are implied by the Act which cannot hereby be excluded by reason thereof, relating to the condition of the Goods, quality, merchantability, suitability roadworthiness (in the case of a motor vehicle) or fitness for the particular or any purpose for which they are or may be required whether such conditions and warranties are expressed or implied and whether arising under this Agreement or under any prior agreement or otherwise are hereby expressly excluded.
(l) The Hirer confirms that he has not relied on and the Owner and the dealer and their servants and agents have not made any representation or warranty, whether express or implied, as to the correctness of description, satisfactory quality, merchantability, condition, state of repair and suitability/fitness for any particular purpose or use which is not reduced in writing in this Agreement or implied in law.
(m) Except as provided by the said Act, no dealer or supplier through whom this Agreement was negotiated or by whom the Goods were supplied nor any servant or agent of any such dealer or supplier is or is to be deemed the agent of the Owner for any purpose nor is any liability to be attached to the Owner for any conditions warranties or representations made by any such person as aforesaid.
(n) Where the Hirer is not a private individual (ie where the Hirer is a company, partnership, limited liability partnership, sole proprietorship business or otherwise), the Hirer is entering into this Agreement in the course of business and is not dealing as a consumer as defined under the Unfair Contract Terms Act 1977 and the Consumer Protection (Fair Trading) Act 2003.
(o) Where the Hirer is a private individual and dealing as a consumer as defined under the Consumer Protection (Fair Trading) Act 2003, the Hirer confirms that the Goods correspond with the description as set out in this Agreement and do conform to the Agreement at the time of delivery.
Appears in 1 contract
Samples: Hire Purchase Agreement
FURTHER TERMS AND CONDITIONS. It is hereby agreed and declared: -
(a) that the Hirer hereby irrevocably and unconditionally consents to the Land Transport Authority carrying out the following actions:-
(i) ascertaining the financing status of the Goods with the Hire Purchase, Finance and Leasing Association of Singapore (HPFLAS), prior to the entry of any transfer transactions or online de-registration transactions; and
(ii) to temporarily suspend any utilisation of or further transactions in connection with PARF/XXX rebates, transfer transactions or de-registration transactions upon request from the Owner for the Goods in the event that the Goods are found to be financed by a third party at the point of the online transfer transaction or de-registration transaction.
(b) that the terms and conditions contained in this Agreement in favour of the Owner shall be in addition to and not in substitution for the terms and conditions implied in favour of the Owner under a hire purchase agreement at common law except insofar as such implied terms and conditions are inconsistent with the terms and conditions of this Agreement;
(c) that any liability the Owner might otherwise incur and any right or immunity the Hirer might otherwise possess in respect of any conditions warranties or representations relating to the condition of the Goods or to their merchantable quality or suitability or fitness for the particular or any purpose for which they are or may be required whether such conditions, warranties or representations are expressed or implied, and whether arising under this Agreement or under any prior agreement or in oral or written statements made by or on behalf of any person in the course of negotiations in which the Hirer or his/its representative may have been concerned prior to this Agreement are hereby excluded;
(d) that the Owner shall not incur any liability to the Hirer nor shall the Hirer be entitled to rescind this Agreement if the Goods delivered by the Owner to the Hirer do not correspond to their description as contained in this Agreement; Oversea-Chinese Banking Corporation Limited Xx.Xxx.Xx.: 193200032W;
(e) that no liability shall attach to the Owner either in contract or in tort for loss injury or damage sustained by reason of any non-conformity or defect in the Goods whether such non-conformity or defect be latent or apparent on examination and the Owner shall not be liable to indemnify the Hirer in respect of any claims made against the Hirer by a third party for any such loss, injury or damage;
(f) that no dealer, supplier or credit-broker through whom this Agreement may have negotiated or by whom the Goods were supplied or any person in the employ of any such dealer or supplier or credit-broker is or is to be deemed the agent of acting on behalf of the Owner for any purpose and no liability is to be attached to the Owner for any conditions warranties or representations made by such dealer or supplier or person in the employ of such dealer, supplier or credit-broker, and
(g) that the Owner may in its absolute discretion levy an administrative charge for any enquiry or confirmation (including but not limited to any statement whether written or otherwise) required by the Hirer or for the retrieval of any relevant file relating to the Hirer’s account with the Owner. Xx.Xxx.xx.: 193200032W OCBC BANK / HPNA / MAY / 14 EXAMINATION AND QUALITY
(h) the Hirer has been given reasonable opportunity to inspect and examine the Goods by the Owner. In this regard, the Hirer has examined the Goods and, save for any non- non-conformity or matter specifically drawn to the attention of the Owner in writing prior to the execution of this Agreement, the Hirer has found the Goods to be of merchantable and satisfactory quality, in good and proper order and suitable or fit for the purpose for which such Goods are commonly supplied, and that the Hirer has received and taken delivery of the Goods. The Hirer is satisfied that the Goods are in good and proper working condition and suitable or fit for the purpose for which such Goods are commonly supplied.
(i) The Hirer has not, whether expressly or by implication, made known to the Owner or any servant or agent of the Owner or any dealer or any servant or agent of the dealer in the course of negotiations conducted before the making of this Agreement any particular purpose for the Goods. The Hirer confirms that the Goods are reasonable fit for the purpose which such goods are commonly supplied and the Hirer has relied on his own skill and judgment, and has not relied on the skill or judgment of the Owner or any servant or agent of the Owner or any dealer or any servant or agent of the dealer.
(j) (WHERETHE GOODSARE WHERE THE GOODS ARE SECOND HAND GOODS) The Hirer is aware that the Goods are secondhand and all conditions and warranties whether express or implied as to quality merchantability fitness and suitability for its purpose are hereby expressly negatived and excluded. The Xxxxx xxxxxx confirms and acknowledges that this statement was brought to his notice before the execution of this Agreement. The Hirer hereby confirms that he has examined the Goods prior to the execution of this Agreement and has satisfied himself that they are in good and road-worthy (in the case of a motor vehicle) condition and good state of repair and fit for the purpose required by him and acknowledges that, the Goods being secondhand, there shall be no condition express or implied that the Goods are of satisfactory or merchantable quality or are reasonably fit for the purpose for which they are required whether or not such purpose has been made known to the Owner or any servant or agent of the Owner or any dealer or any servant or agent of the dealer. The word “secondhand” appearing herein means that the Goods are not new and have been in the ownership or possession of one or more persons before acquired by the Owner. EXCLUSION OF WARRANTIES Oversea-Chinese Banking Corporation Limited Xx.Xxx.Xx.: 193200032WWARRANTIES
(k) All conditions and warranties save and except those which are implied by the Act which cannot hereby be excluded by reason thereof, relating to the condition of the Goods, quality, merchantability, suitability roadworthiness (in the case of a motor vehicle) or fitness for the particular or any purpose for which they are or may be required whether such conditions and warranties are expressed or implied and whether arising under this Agreement or under any prior agreement or otherwise are hereby expressly excluded.
(l) The Hirer confirms that he has not relied on and the Owner and the dealer and their servants and agents have not made any representation or warranty, whether express or implied, as to the correctness of description, satisfactory quality, merchantability, condition, state of repair and suitability/fitness for any particular purpose or use which is not reduced in writing in this Agreement or implied in law.
(m) Except as provided by the said Act, no dealer or supplier through whom this Agreement was negotiated or by whom the Goods were supplied nor any servant or agent of any such dealer or supplier is or is to be deemed the agent of the Owner for any purpose nor is any liability to be attached to the Owner for any conditions warranties or representations made by any such person as aforesaid.
(n) Where the Hirer is not a private individual (ie where the Hirer is a company, partnership, limited liability partnership, sole proprietorship business or otherwise), the Hirer is entering into this Agreement in the course of business and is not dealing as a consumer as defined under the Unfair Contract Terms Act 1977 (Cap. 396) and the Consumer Protection (Fair Trading) Act 2003(Cap. 52A).
(o) Where the Hirer is a private individual and dealing as a consumer as defined under the Consumer Protection (Fair Trading) Act 2003(Cap. 52A), the Hirer confirms that the Goods correspond with the description as set out in this Agreement and do conform to the Agreement at the time of delivery.
Appears in 1 contract
Samples: Hire Purchase Agreement
