HIRER’S OBLIGATIONS. The Hirer hereby agrees with the Owner as follows:- (a) To obtain delivery of the Goods at the Hirer's sole risk, cost and expense. Oversea-Chinese Banking Corporation Limited Xx.Xxx.Xx.: 193200032W (b) To keep and maintain the Goods and all parts thereof in good and serviceable repair and condition and to replace all missing, damaged or broken parts of the Goods by parts of the same make, equal value and quality and to be solely responsible for any loss or destruction of or for any damage to the Goods or any part thereof occasioned in any manner or by whomsoever or by any cause whatsoever, including fair wear and tear and lawful forfeiture. In default of so doing the Hirer shall permit the Owner to take possession of the Goods for the purpose of having repairs and replacements carried out and to repay to the Owner the full costs of such repairs and replacements so incurred by the Owner upon demand together with interest thereon at the rate provided in Clause 5 hereof from the date on which such costs were incurred until the date of payment thereof by the Hirer. (c) That all the repairs and replacements to the Goods arising from any cause whatsoever including fair wear and tear shall be carried out at the Hirer's expense by a person or persons or firm or company approved in writing by the Owner provided nevertheless that the Hirer shall not have or be deemed to have any authority to pledge the Owner's credit for the repair or replacement of the Goods or any part thereof or otherwise or to create any lien upon the Goods in respect of such repairs or replacements or for any other purposes or thing whatsoever. (d) To pay punctually for all work done to the Goods and for spare parts and accessories thereto and keep the Goods free from any distress, execution or other legal process. (e) To insert and/or maintain on the Goods any insignia identification marks notice or plates as required by the Owner and that the Hirer shall not remove, deface, obliterate, cover up or conceal the same. (f) To give immediate notice in writing to the Owner of any loss, damage or destruction of the Goods or any part thereof together with details of the same. (g) Immediately after the signing of this Agreement at the Hirer's own expense to insure and to keep insured at all times the Goods in the joint names of the Owner as owner and the Hirer as hirer thereof for their respective interests during the continuance of the hiring against loss or damage by accident, fire, burglary, strikes, riots, civil commotion and theft and such other risks as the Owner may from time to time consider fit to the full insurable value thereof with a reputable insurance company under a policy of insurance containing such terms conditions and exceptions as the Owner would require if the Owner had arranged the insurance and an endorsement that all payments under the policy are to be made to the Owner. The Hirer hereby irrevocably and unconditionally authorises the Owner to receive all moneys payable under the said policy and give a valid discharge therefore. The Hirer shall deliver to the Owner the policy of insurance or a duplicate copy thereof immediately after the said policy has been issued. The Hirer shall not, during the period of this Agreement, insure the Goods against any risk with another registered insurer without first informing the Owner thereof. Oversea-Chinese Banking Corporation Limited Xx.Xxx.Xx.: 193200032W (h) To pay punctually all insurance premiums including renewal premiums payable for effecting and maintaining such insurance and to deposit the policy or policies of such insurance and the receipts for all premiums with the Owner on demand and not to do so or suffer to be done any act or thing which may invalidate any such insurance and to keep the Owner fully indemnified at all times against all loss or damage to the Goods from whatever cause arising and all claims, whether by any employee, agent or licensee of the Hirer or by any other third party arising out of any death, injury or accidents caused by or in connection with the Goods. If the Hirer shall fail to effect the insurance as required under the preceding provisions the Owner may without prejudice to its other rights under this Agreement and without being under any obligations so to do effect and maintain any such insurance as aforesaid and all costs and expenses incurred by the Owner in so doing shall be repaid to the Owner by the Hirer on demand together with interest thereon at the rate provided in Clause 5 hereof. If the Owner agrees to any modification or restriction in the cover of any policy the Hirer will fully indemnify the Owner against any loss occasioned thereby. All moneys payable under any policy of insurance for loss or damage to the Goods shall belong solely to the Owner whose receipt therefore shall be a sufficient discharge to the insurance company and credited to the Hirer's account with the Owner in or towards satisfaction of the amount due to the Owner under this Agreement. Further in the event of any loss of or damage to the Goods, the Hirer shall forthwith assign to the Owner all the rights, benefits and claims of the Hirer under the policy of insurance relating to such loss or damage. (i) In addition to the aforesaid the Owner shall be entitled to receive all moneys payable to the Hirer by the insurance company under the relevant policy including any refund of insurance premium on cancellation or variation of the insurance policy except any "no claim" or similar rebate and the Hirer hereby appoints the Owner as its attorney to recover and/or compromise in the respective names of the Owner and the Hirer any claim thereunder for loss or damage to the Goods and to give effectual releases and receipts for the same. (j) To permit the Owner, its servants or agents at any time to inspect or test the Goods and to give them reasonable and proper access and facilities to enable them to do so. (k) To pay punctually all fines, licence duties, taxes fees, registration charges and all other payments, if any, in respect of the Goods or the use thereof, and if such payments shall have been made by the Owner (which the Owner may at its discretion but without any obligation to do so) to repay the same to the Owner on demand with interest thereon at the rate provided in Clause 5 hereof and to produce to the Owner on demand the receipts for all such payments. (l) To obtain and maintain all necessary licences, permits, permissions and the like, whether governmental or otherwise in respect of the Goods and the use thereof. (m) Not to use the Goods or permit or suffer the same to be used contrary to any written law, rule, regulation or order made thereunder or for any unlawful purpose or in any manner by reason of which the Goods may become liable to confiscation or forfeiture and if the Goods should consist of a motor vehicle the Hirer shall not during the continuance of this Agreement use the said vehicle or cause or permit any other person to use the same unless there is in force in relation to the user of the said vehicle by the Hirer or that other person as the case may be a policy of insurance in respect of third party risks complying with the requirements of any written law, rule or regulation for the time being in force in respect thereof. (n) Not to allow any person other than skilled and qualified persons to operate or use the Goods. (o) To keep the Goods at all times in the possession and control of the Hirer and not to remove the same from the place where they shall have been first installed as specified in the Schedule hereto (if any) without the prior consent in writing of the Owner and if the Goods should consist of a motor vehicle not to take or send or permit the said vehicle to be taken or sent out of West Malaysia and Singapore and not to transfer the registration of the said vehicle from one registry to another without the prior consent in writing of the Owner. (p) To keep the Goods properly and safely housed or if the Goods shall consist of a motor vehicle, safely garaged, to inform the Owner by notice in writing of any change of the Hirer's address and/or of the place where the Goods are housed or garaged immediately when such change takes place and to pay duly and punctually the rent rates taxes and other outgoings in respect of the premises where the Goods are housed or garaged (as the case may be) and to produce on demand to the Owner the receipts for the current payments thereof. If the Hirer shall fail to make the aforesaid payments the Owner may (but without being under any obligation to do so) effect the said payments and all such payments including costs and expenses incurred in so doing shall be repaid to the Owner by the Hirer on demand together with interest thereon at the rate provided in Clause 5 hereof. (q) Not to make any alterations, additions or improvements to the Goods without the prior consent in writing of the Owner. All additions replacements or attachments made to the Goods with or without the consent of the Owner and of whatever kind or nature shall be deemed to be parts of the whole and be the property of the Owner and subject to all the terms and conditions of this Agreement. Oversea-Chinese Banking Corporation Limited Xx.Xxx.Xx.: 193200032W (a) Not to affix or attach the Goods to any land or building without prior consent in writing of the Owner and without first obtaining the written waiver of the proprietor of the land or building in respect of the Goods and to ensure that in so far as the Goods are affixed or attached to any land or building the Goods shall be capable of being removed without material damage to the said land or building and that such steps shall be taken by the Hirer as are necessary to prevent title to or any other rights over the Goods from passing to the proprietor of the said land or building. Without prejudice to the generality of the foregoing to obtain from the owner and/or the mortgagee of the said land or building a waiver in writing of their distress over the Goods and an acknowledgement in writing whereby the proprietor and/or mortgagee (if any) acknowledges that title to the Goods vests solely with the Owner and that Goods do not (by reason of affixation or attachment or otherwise to the said land or building) form part or become a part of the said land or building. (r) Not to present himself/itself nor hold himself/itself out as being the owner or to do or suffer any act matter of thing to be done whereby the Hirer may be reputed to be the owner of the Goods and in particular not to sell, assign, sub-let, pledge, mortgage, charge, encumber,part with possession or otherwise deal with the Goods or any interest therein or create or allow to be created any lien on the Goods whether for repairs or otherwise and in the event of any breach of this sub-clause by the Hirer the Owner shall be entitled (but shall not be bound) to pay to any third party such sums as is necessary to procure the release of the Goods from any charge, mortgage, pledge, encumbrance or lien and shall be entitled to recover such sum from the Hirer forthwith together with interest thereon at the rate provided in Clause 5 hereof. (s) Not to sell, mortgage, charge, demise, sub-let or otherwise dispose of any land or building on or in which the Goods are kept or enter into any contract to do any of the aforesaid things without giving the Owner at least six
Appears in 1 contract
Samples: Hire Purchase Agreement
HIRER’S OBLIGATIONS. The Hirer hereby agrees with following sets out the Owner as follows:-Hirer’s obligations under this Agreement:-
(a) To obtain delivery of not to make payment to the Goods at Dealer, agent or persons acting on the Hirer's sole risk, cost and expense. Oversea-Chinese Banking Corporation Limited Xx.Xxx.Xx.: 193200032WOwner’s behalf other than the payment listed in the Second Schedule;
(b) To keep not to make any payment or instalments to any Dealer without the Owner’s prior written approval;
(c) to pay the deposit (which includes deposit in any forms other than cash) stated in item (ii) Part III of the Appendix;
(d) to pay punctually and maintain without previous demand the monthly instalments specified in Part IV of the Appendix and all other payments hereunder which is permitted by the Hire Xxxxxxxx Xxx 0000 (hereinafter referred to as “the Act”) or the current prevailing legislation notwithstanding any defects, breakdown, loss (including total loss) of or damage to the Goods or for any reason whatsoever the Hirer shall not have the possession, control or use of the Goods;
(e) that any sums payable under this Agreement to the Owner sent by post shall be at the Hirer’s risk, and all parts thereof shall be free of exchange charges. Payment by cheque of any sums payable under this Agreement shall only be credited to the Hirer’s account after clearance of such cheques;
(f) to allow the Owner to appropriate at its discretion any monies paid by the Hirer in satisfaction or part satisfaction of any payment, debt or liability arising under this Agreement and/or any agreement supplemental to this Agreement unless prohibited by the Act;
(g) to keep the Goods in good and serviceable order repair and condition and to replace the Hirer shall reimburse and pay the Owner on the Owner’s written demand against all missinglosses (including total loss), damaged or broken parts damage, claims and expenses arising out of the Goods by parts of the same make, equal value and quality and to be solely responsible for any loss or destruction of or for any damage to the Goods however caused and/or any repair or any part thereof occasioned in any manner or by whomsoever or by any cause whatsoever, including fair wear and tear and lawful forfeiturereplacement thereof. In default of so doing the Hirer shall permit the Owner to take possession of the Goods for the purpose of having All repairs and replacements carried out and to repay to the Owner the full costs of such repairs and replacements so incurred by the Owner upon demand together with interest thereon at the rate provided in Clause 5 hereof from the date on which such costs were incurred until the date of payment thereof by the Hirer.
(c) That all the repairs and replacements replacement to the Goods arising from any cause whatsoever including fair wear and tear shall be carried out at the Hirer's expense by a person or persons or firm or company approved in writing by the Owner provided nevertheless and at the Hirer’s expense Provided Always that the Hirer shall not have be prohibited from creating any lien or be deemed to have any authority to pledge pledging the Owner's Hirer’s credit for the repair or replacement of the Goods or any part thereof or otherwise or to create any lien upon the Goods in respect of such repairs or replacements or for any other purposes or thing purpose whatsoever.;
(dh) To not to part with the possession nor to lend, sell, let, charge or in any way deal with or dispose of or attempt to dispose of the Goods;
(i) to notify the Owner in writing by registered post immediately of any change in the Hirer’s address and not to remove the Goods from such address without the Owner’s prior written consent;
(j) to comply with and conform to all laws, by-laws, statutes, rules and regulations and instruction of the relevant authorities in connection with the Goods or the use thereof and to reimburse and pay punctually the Owner on the Owner’s written demand all claims and costs incurred by the Owner arising out of the use, operation or keeping of the Goods or in any manner relating thereto;
(k) to inform the Owner in writing by registered post immediately if the Goods is the subject matter of any litigation, legal proceedings, seizure, forfeiture, legal execution, distrain or lien by any person and to bear all cost and expenses (including legal costs on a solicitor and client basis) to have the Goods released therefrom;
(l) on the Owner’s request, to produce the Goods for all work done inspection and test by the Owner, its agents or servants and to give them reasonable and proper facilities to enable them to do so;
(m) not to make any additions or alterations to the Goods nor affix or install any accessories, equipment or devices thereon or thereto without the Owner’s written consent and for spare parts and accessories thereto and keep if the same shall be affixed to or installed upon or in the Goods free from any distresswhether with or without the Owner’s consent, execution or other legal process.
(e) To insert and/or they shall be deemed to be part of the Goods and be subject to all the terms and conditions of this Agreement. The Hirer shall maintain on the Goods any insignia identification or maker’s marks notice or plates as required by including the Owner chassis and that the Hirer engine number and shall not remove, defacealter, obliterate, cover up erase or conceal deface or otherwise interfere with the same.;
(fn) To give immediate notice for and on the Owner’s behalf, to examine the order and condition of the Goods in writing every aspect and obtain delivery of the Goods;
(o) to notify the Owner immediately in the event the Goods is lost, damaged or forfeited (“Events”) and reimburse and pay to the Owner on the Owner’s written demand, all losses, costs and charges incurred by the Owner due to the aforementioned Events whereby the Owner’s losses (including total loss) shall for the purpose of any loss, damage or destruction ascertaining this sum be as if the Hirer had elected to exercise the Hirer’s right of early completion under Section 14 of the Goods or any part thereof together with details of the same.
(g) Immediately after the signing of this Agreement Act at the Hirer's own expense to insure and to keep insured at all times the Goods in the joint names date of the Owner as owner and the Hirer as hirer thereof for their respective interests during the continuance of the hiring against such loss or damage by accident, fire, burglary, strikes, riots, civil commotion and theft and such other risks as the Owner may from time to time consider fit to the full insurable value thereof with a reputable insurance company under a policy of insurance containing such terms conditions and exceptions as the Owner would require if the Owner had arranged the insurance and an endorsement that all payments under the policy are to be made to the Owner. The Hirer hereby irrevocably and unconditionally authorises the Owner to receive all moneys payable under the said policy and give a valid discharge therefore. The Hirer shall deliver to the Owner the policy of insurance or a duplicate copy thereof immediately after the said policy has been issued. The Hirer shall not, during the period of this Agreement, insure the Goods against including any risk with another registered insurer without first informing the Owner thereof. Oversea-Chinese Banking Corporation Limited Xx.Xxx.Xx.: 193200032W
(h) To pay punctually all insurance premiums including renewal premiums payable for effecting and maintaining such insurance and to deposit the policy or policies of such insurance and the receipts for all premiums with the Owner on demand and not to do so or suffer to be done any act or thing which may invalidate any such insurance and to keep the Owner fully indemnified at all times against all loss or damage to the Goods from whatever cause arising and all claims, whether by any employee, agent or licensee of the Hirer or by any other third party arising out of any death, injury or accidents caused by or in connection with the Goods. If the Hirer shall fail to effect the insurance as required under the preceding provisions the Owner may without prejudice to its other rights under this Agreement and without being under any obligations so to do effect and maintain any such insurance as aforesaid and all costs and expenses incurred by the Owner in so doing shall be repaid to the Owner by the Hirer on demand together with interest thereon at the rate provided in Clause 5 hereof. If the Owner agrees to any modification or restriction in the cover of any policy the Hirer will fully indemnify the Owner against any loss occasioned thereby. All moneys payable under any policy of insurance for loss or damage to Owner;
(p) that if the Goods shall belong solely to the Owner whose receipt therefore shall be is a sufficient discharge to the insurance company and credited to the Hirer's account with the Owner in or towards satisfaction of the amount due to the Owner under this Agreement. Further in the event of any loss of or damage to the Goodsmotor vehicle, the Hirer shall forthwith assign NOT change the registration number of the vehicle without the Owner’s prior consent in writing, nor allow any person to drive the vehicle or use or permit the use of the vehicle except pursuant to the Owner all takaful certificate/insurance policy for the rights, benefits and claims time being in force nor drive the vehicle out of or allow the Hirer under the policy of insurance relating vehicle to such loss or damage.
leave:- (i) In addition to the aforesaid territory of West Malaysia, if the Owner shall be entitled to receive all moneys payable to Hirer’s address is within West Malaysia; and (ii) the Hirer by territory of East Malaysia, if the insurance company under Hirer’s address is within East Malaysia, nor cause or allow the relevant policy including any refund Owner’s endorsement of insurance premium ownership on cancellation or variation of the insurance policy except any "no claim" or similar rebate and the Hirer hereby appoints the Owner as its attorney to recover and/or compromise in the respective names of the Owner and the Hirer any claim thereunder for loss or damage to the Goods and to give effectual releases and receipts registration card for the same.vehicle to be cancelled;
(j) To permit the Owner, its servants or agents at any time to inspect or test the Goods and to give them reasonable and proper access and facilities to enable them to do so.
(k) To pay punctually all fines, licence duties, taxes fees, registration charges and all other payments, if any, in respect of the Goods or the use thereof, and if such payments shall have been made by the Owner (which the Owner may at its discretion but without any obligation to do soq) to repay the same to the Owner on demand with interest thereon at the rate provided in Clause 5 hereof and to produce to the Owner on demand the receipts for all such payments.
(l) To obtain and maintain all necessary licences, permits, permissions and the like, whether governmental or otherwise in respect of the Goods and the use thereof.
(m) Not to not use the Goods or permit or suffer the same to be used contrary to any written law, law or any rule, regulation or order made thereunder or for any unlawful purpose or in any manner by reason of which the Goods may become liable to confiscation or forfeiture and if the Goods should consist of be a motor vehicle vehicle, the Hirer shall not during the continuance of this Agreement use the said vehicle Goods or cause or permit any other person to use the same unless there is in force in relation to the user of the said vehicle Goods by the Hirer or that other person as the case may be a policy of insurance in respect of third party risks complying with the requirements of any written law, rule or regulation law for the time being in force in respect thereof.;
(nr) Not to allow any person other than skilled and qualified persons to operate or use the Goods.
(o) To keep the Goods at all times in the possession and control of the Hirer and not to remove the same from the place where they shall have been first installed as specified in the Schedule hereto (if any) without the prior consent in writing of the Owner and that if the Goods should consist of a motor vehicle not to take or send or permit the said vehicle to be taken or sent out of West Malaysia and Singapore and not to transfer the registration of the said vehicle from one registry to another without the prior consent in writing of the Owner.
(p) To keep the Goods properly and safely housed or if the Goods shall consist of a motor vehicle, safely garagedis consumer goods, to inform the Owner by notice punctually pay all rents and other outgoings payable in writing of any change of the Hirer's address and/or respect of the place where the Goods are housed or garaged immediately when such change takes place and is kept in order to pay duly and punctually the rent rates taxes and other outgoings in respect of the premises where keep the Goods are housed free from distress or garaged other forms of execution proceedings levied which may affect the Owner’s rights of ownership on the Goods;
(as the case may bes) and to produce on demand to the Owner the receipts for the current payments thereof. If the Hirer shall fail to make the aforesaid payments the Owner may (but without being under any obligation to do so) effect the said payments punctually pay all licenses, fees, taxes, registration fees and all such payments including costs and expenses incurred in so doing shall be repaid to the Owner by the Hirer on demand together with interest thereon at the rate provided in Clause 5 hereof.
(q) Not to make any alterations, additions or improvements to the Goods without the prior consent in writing of the Owner. All additions replacements or attachments made to the Goods with or without the consent of the Owner and of whatever kind or nature shall be deemed to be parts of the whole and be the property of the Owner and subject to all the terms and conditions of this Agreement. Oversea-Chinese Banking Corporation Limited Xx.Xxx.Xx.: 193200032W
(a) Not to affix or attach the Goods to any land or building without prior consent in writing of the Owner and without first obtaining the written waiver of the proprietor of the land or building other charges payable in respect of the Goods and its use failing which the Owner may, but is under no legal obligation, to ensure that in so far as make such payment. If such payments are be made by the Goods are affixed or attached to any land or building Owner, the Goods Hirer shall be capable of being removed without material damage reimburse the same to the said land or building and that such steps shall be taken by the Hirer as are necessary to prevent title to or any other rights over the Goods from passing to the proprietor of the said land or building. Without prejudice to the generality of the foregoing to obtain from the owner and/or the mortgagee of the said land or building a waiver in writing of their distress over the Goods and an acknowledgement in writing whereby the proprietor and/or mortgagee (if any) acknowledges that title to the Goods vests solely with the Owner and that Goods do not (by reason of affixation or attachment or otherwise to the said land or building) form part or become a part of the said land or buildingon demand.
(r) Not to present himself/itself nor hold himself/itself out as being the owner or to do or suffer any act matter of thing to be done whereby the Hirer may be reputed to be the owner of the Goods and in particular not to sell, assign, sub-let, pledge, mortgage, charge, encumber,part with possession or otherwise deal with the Goods or any interest therein or create or allow to be created any lien on the Goods whether for repairs or otherwise and in the event of any breach of this sub-clause by the Hirer the Owner shall be entitled (but shall not be bound) to pay to any third party such sums as is necessary to procure the release of the Goods from any charge, mortgage, pledge, encumbrance or lien and shall be entitled to recover such sum from the Hirer forthwith together with interest thereon at the rate provided in Clause 5 hereof.
(s) Not to sell, mortgage, charge, demise, sub-let or otherwise dispose of any land or building on or in which the Goods are kept or enter into any contract to do any of the aforesaid things without giving the Owner at least six
Appears in 1 contract
Samples: Hire Purchase Agreement
HIRER’S OBLIGATIONS. The Hirer hereby agrees with following sets out the Owner as follows:-Hirer’s obligations under this Agreement:
(a) To obtain delivery of not to make payment to the Goods at Dealer, agent or persons acting on the Hirer's sole risk, cost and expense. Oversea-Chinese Banking Corporation Limited Xx.Xxx.Xx.: 193200032WOwner’s behalf other than payment listed in the Second Schedule;
(b) To keep not to make any payment or instalments to any Dealer without the Owner’s prior written approval;
(c) to pay the deposit (which includes deposit in any forms other than cash) stated in item (ii) Part III of the Appendix in consideration of the option to purchase contained in Clause 7;
(d) to pay punctually and maintain without previous demand the monthly instalments specified in Part IV of the Appendix (hereinafter called “instalments”) or such revised monthly instalments and all other payments hereunder which is permitted by the Hire Xxxxxxxx Xxx 0000 (hereinafter referred to as “the Act”) or the current prevailing legislation notwithstanding any defects, breakdown, loss of or damage to the Goods or for any reason whatsoever the Hirer shall not have the possession, control or use of the Goods;
(e) that any sums payable under this Agreement to the Owner sent by post shall be at the Hirer’s risk, and all parts thereof shall be free of exchange charges. Payment by cheque of any sums payable under this Agreement shall only be credited to the Hirer’s account after clearance of such cheques;
(f) to allow the Owner to appropriate at its discretion any monies paid by the Hirer in satisfaction or part satisfaction of any payment, debt or liability arising under this Agreement and/or any agreement supplemental to this Agreement unless prohibited by the Act;
(g) to keep the Goods in good and serviceable order repair and condition and to replace the Hirer shall reimburse and pay the Owner on the Owner’s written demand, all missinglosses, damaged or broken parts damage, claims and expenses arising out of the Goods by parts of the same make, equal value and quality and to be solely responsible for any loss or destruction of or for any damage to the Goods however caused and/or any repair or any part thereof occasioned in any manner or by whomsoever or by any cause whatsoever, including fair wear and tear and lawful forfeiturereplacement thereof. In default of so doing the Hirer shall permit the Owner to take possession of the Goods for the purpose of having All repairs and replacements carried out and to repay to the Owner the full costs of such repairs and replacements so incurred by the Owner upon demand together with interest thereon at the rate provided in Clause 5 hereof from the date on which such costs were incurred until the date of payment thereof by the Hirer.
(c) That all the repairs and replacements replacement to the Goods arising from any cause whatsoever including fair wear and tear shall be carried out at the Hirer's expense by a person or persons or firm or company approved in writing by the Owner provided nevertheless and at the Hirer’s expense Provided Always that the Hirer shall not have be prohibited from creating any lien or be deemed to have any authority to pledge the Owner's pledging your credit for the repair or replacement of the Goods or any part thereof or otherwise or to create any lien upon the Goods in respect of such repairs or replacements or for any other purposes or thing purpose whatsoever.;
(dh) To not to part with the possession nor to lend, sell, let, charge or in any way deal with or dispose off or attempt to dispose of the Goods;
(i) to notify the Owner in writing by registered post immediately of any change in the Hirer’s address and not to remove the Goods from such address without the Owner’s prior written consent;
(j) to comply with and conform to all laws, by-laws, statutes, rules and regulations and instruction of the relevant authorities in connection with the Goods or the use thereof and to reimburse and pay punctually the Owner on the Owner’s written demand, all claims and costs incurred by the Owner arising out of the use, operation or keeping of the Goods or in any manner relating thereto;
(k) to inform the Owner in writing by registered post immediately if the Goods is the subject matter of any litigation, legal proceedings, seizure, forfeiture, legal execution, distrait or lien by any person and to bear all cost and expenses (including legal costs on a solicitor and client basis) to have the Goods released therefrom;
(l) on the Owner’s request, to produce the Goods for all work done inspection and test by the Owner, its agent or servant and to give them reasonable and proper facilities to enable them to do so;
(m) not to make any additions or alterations to the Goods nor affix or install any accessories equipment or devices thereon or thereto without the Owner’s written consent and for spare parts and accessories thereto and keep if the same shall be affixed to or installed upon or in the Goods free from any distresswhether with or without the Owner’s consent, execution or other legal process.
(e) To insert and/or they shall be deemed to be part of the Goods and be subject to all the terms and conditions of this Agreement. The Hirer shall maintain on the Goods any insignia identification or maker’s marks notice or plates as required by including the Owner chassis and that the Hirer engine number and shall not remove, defacealter, obliterate, cover up erase or conceal deface or otherwise interfere with the same.;
(fn) To give immediate notice in writing for and on the Owner’s behalf, to examine the Owner of any loss, damage or destruction order and condition of the Goods or any part thereof together with details in every aspect and obtain delivery of the same.Goods;
(go) Immediately after to notify the signing Owner immediately in the event the Goods is lost, damaged or forfeited (“Events”) and reimburse and pay the Owner on the Owner’s written demand all losses, costs and charges incurred by the Owner due to the aforementioned Events whereby the Owner’s losses shall for the purpose of ascertaining this Agreement sum be as if the Hirer had elected to exercise the Hirer’s right of early completion under Section 14 of the Act at the Hirer's own expense to insure and to keep insured at all times the Goods in the joint names date of the Owner as owner and the Hirer as hirer thereof for their respective interests during the continuance of the hiring against such loss or damage by accident, fire, burglary, strikes, riots, civil commotion and theft and such other risks as the Owner may from time to time consider fit to the full insurable value thereof with a reputable insurance company under a policy of insurance containing such terms conditions and exceptions as the Owner would require if the Owner had arranged the insurance and an endorsement that all payments under the policy are to be made to the Owner. The Hirer hereby irrevocably and unconditionally authorises the Owner to receive all moneys payable under the said policy and give a valid discharge therefore. The Hirer shall deliver to the Owner the policy of insurance or a duplicate copy thereof immediately after the said policy has been issued. The Hirer shall not, during the period of this Agreement, insure the Goods against including any risk with another registered insurer without first informing the Owner thereof. Oversea-Chinese Banking Corporation Limited Xx.Xxx.Xx.: 193200032W
(h) To pay punctually all insurance premiums including renewal premiums payable for effecting and maintaining such insurance and to deposit the policy or policies of such insurance and the receipts for all premiums with the Owner on demand and not to do so or suffer to be done any act or thing which may invalidate any such insurance and to keep the Owner fully indemnified at all times against all loss or damage to the Goods from whatever cause arising and all claims, whether by any employee, agent or licensee of the Hirer or by any other third party arising out of any death, injury or accidents caused by or in connection with the Goods. If the Hirer shall fail to effect the insurance as required under the preceding provisions the Owner may without prejudice to its other rights under this Agreement and without being under any obligations so to do effect and maintain any such insurance as aforesaid and all costs and expenses incurred by the Owner Owner;
(p) that if the Goods is a motor vehicle the Hirer shall NOT change the registration number of the vehicle without the Owner’s prior consent in so doing shall be repaid writing, nor allow any person to drive the vehicle or use or permit the use of the vehicle except pursuant to the Owner by the Hirer on demand together with interest thereon at the rate provided in Clause 5 hereof. If the Owner agrees to any modification or restriction in the cover of any policy the Hirer will fully indemnify the Owner against any loss occasioned thereby. All moneys payable under any policy of insurance for loss or damage to the Goods shall belong solely to time being in force nor drive the Owner whose receipt therefore shall be a sufficient discharge to the insurance company and credited to the Hirer's account with the Owner in or towards satisfaction of the amount due to the Owner under this Agreement. Further in the event of any loss vehicle out of or damage allow the vehicle to the Goods, the Hirer shall forthwith assign to the Owner all the rights, benefits and claims of the Hirer under the policy of insurance relating to such loss or damage.
leave:- (i) In addition to the aforesaid territory of West Malaysia, if the Owner shall be entitled to receive all moneys payable to Hirer’s address is within West Malaysia; and (ii) the Hirer by territory of East Malaysia, if the insurance company under Hirer’s address is within East Malaysia, nor cause or allow the relevant policy including any refund Owner’s endorsement of insurance premium ownership on cancellation or variation of the insurance policy except any "no claim" or similar rebate and the Hirer hereby appoints the Owner as its attorney to recover and/or compromise in the respective names of the Owner and the Hirer any claim thereunder for loss or damage to the Goods and to give effectual releases and receipts registration card for the same.vehicle to be cancelled;
(j) To permit the Owner, its servants or agents at any time to inspect or test the Goods and to give them reasonable and proper access and facilities to enable them to do so.
(k) To pay punctually all fines, licence duties, taxes fees, registration charges and all other payments, if any, in respect of the Goods or the use thereof, and if such payments shall have been made by the Owner (which the Owner may at its discretion but without any obligation to do soq) to repay the same to the Owner on demand with interest thereon at the rate provided in Clause 5 hereof and to produce to the Owner on demand the receipts for all such payments.
(l) To obtain and maintain all necessary licences, permits, permissions and the like, whether governmental or otherwise in respect of the Goods and the use thereof.
(m) Not to not use the Goods or permit or suffer the same to be used contrary to any written law, law or any rule, regulation or order made thereunder or for any unlawful purpose or in any manner by reason of which the Goods may become liable to confiscation or forfeiture and if the Goods should consist of be a motor vehicle vehicle, the Hirer shall not during the continuance of this Agreement use the said vehicle Goods or cause or permit any other person to use the same unless there is in force in relation to the user of the said vehicle Goods by the Hirer or that other person as the case may be a policy of insurance in respect of third party risks complying with the requirements of any written law, rule or regulation law for the time being in force in respect thereof.;
(nr) Not to allow any person other than skilled and qualified persons to operate or use the Goods.
(o) To keep the Goods at all times in the possession and control of the Hirer and not to remove the same from the place where they shall have been first installed as specified in the Schedule hereto (if any) without the prior consent in writing of the Owner and that if the Goods should consist of a motor vehicle not to take or send or permit the said vehicle to be taken or sent out of West Malaysia and Singapore and not to transfer the registration of the said vehicle from one registry to another without the prior consent in writing of the Owner.
(p) To keep the Goods properly and safely housed or if the Goods shall consist of a motor vehicle, safely garagedis consumer goods, to inform the Owner by notice punctually pay all rents and other outgoings payable in writing of any change of the Hirer's address and/or respect of the place where the Goods are housed or garaged immediately when such change takes place and is kept in order to pay duly and punctually the rent rates taxes and other outgoings in respect of the premises where keep the Goods are housed free from distress or garaged other forms of execution proceedings levied which may affect the Owner’s rights of ownership on the Goods;
(as the case may bes) and to produce on demand to the Owner the receipts for the current payments thereof. If the Hirer shall fail to make the aforesaid payments the Owner may (but without being under any obligation to do so) effect the said payments punctually pay all licenses, fees, taxes, registration fees and all such payments including costs and expenses incurred in so doing shall be repaid to the Owner by the Hirer on demand together with interest thereon at the rate provided in Clause 5 hereof.
(q) Not to make any alterations, additions or improvements to the Goods without the prior consent in writing of the Owner. All additions replacements or attachments made to the Goods with or without the consent of the Owner and of whatever kind or nature shall be deemed to be parts of the whole and be the property of the Owner and subject to all the terms and conditions of this Agreement. Oversea-Chinese Banking Corporation Limited Xx.Xxx.Xx.: 193200032W
(a) Not to affix or attach the Goods to any land or building without prior consent in writing of the Owner and without first obtaining the written waiver of the proprietor of the land or building other charges payable in respect of the Goods and its use failing which the Owner may, but is under no legal obligation, to ensure that in so far as make such payment. If such payments are made by the Goods are affixed or attached to any land or building Owner, the Goods Hirer shall be capable of being removed without material damage repay the same to the said land or building and that such steps shall be taken by the Hirer as are necessary to prevent title to or any other rights over the Goods from passing to the proprietor of the said land or building. Without prejudice to the generality of the foregoing to obtain from the owner and/or the mortgagee of the said land or building a waiver in writing of their distress over the Goods and an acknowledgement in writing whereby the proprietor and/or mortgagee (if any) acknowledges that title to the Goods vests solely with the Owner and that Goods do not (by reason of affixation or attachment or otherwise to the said land or building) form part or become a part of the said land or buildingon demand.
(r) Not to present himself/itself nor hold himself/itself out as being the owner or to do or suffer any act matter of thing to be done whereby the Hirer may be reputed to be the owner of the Goods and in particular not to sell, assign, sub-let, pledge, mortgage, charge, encumber,part with possession or otherwise deal with the Goods or any interest therein or create or allow to be created any lien on the Goods whether for repairs or otherwise and in the event of any breach of this sub-clause by the Hirer the Owner shall be entitled (but shall not be bound) to pay to any third party such sums as is necessary to procure the release of the Goods from any charge, mortgage, pledge, encumbrance or lien and shall be entitled to recover such sum from the Hirer forthwith together with interest thereon at the rate provided in Clause 5 hereof.
(s) Not to sell, mortgage, charge, demise, sub-let or otherwise dispose of any land or building on or in which the Goods are kept or enter into any contract to do any of the aforesaid things without giving the Owner at least six
Appears in 1 contract
Samples: Hire Purchase Agreement
HIRER’S OBLIGATIONS. The Hirer hereby agrees with following sets out the Owner as follows:-Hirer’s obligations under this Agreement:-
(a) To obtain delivery of to keep the Goods at the Hirer's sole risk, cost and expense. Oversea-Chinese Banking Corporation Limited Xx.Xxx.Xx.: 193200032W
(b) To keep and maintain the Goods and all parts thereof in good and serviceable order repair and condition and to replace all missing, damaged or broken parts of the Goods by parts of the same make, equal value and quality and to be solely responsible for any loss or destruction of or for any damage to the Goods or any part thereof occasioned in any manner or by whomsoever or by any cause whatsoever, including fair wear and tear and lawful forfeiture. In default of so doing the Hirer shall permit the Owner to take possession of the Goods for the purpose of having repairs and replacements carried out and to repay to the Owner the full costs of such repairs and replacements so incurred by the Owner upon demand together with interest thereon at the rate provided in Clause 5 hereof from the date on which such costs were incurred until the date of payment thereof by the Hirer.
(c) That all the repairs and replacements to the Goods arising from any cause whatsoever including fair wear and tear shall be carried out at the Hirer's expense by a person or persons or firm or company approved in writing by the Owner provided nevertheless that the Hirer shall not have be prohibited from creating any lien or be deemed to have any authority to pledge pledging the Owner's credit for the repair of the Goods or replacement for any other purpose or thing whatsoever and the Hirer shall notify all persons concerned of this prohibition. If the Hirer creates or attempts to create any lien over the Goods then the hiring hereunder shall automatically terminate and the Hirer shall no longer be in lawful possession of the Goods;
(b) to indemnify the Owner against destruction damage to or loss (including seizure, confiscation, forfeiture) of the Goods or any part thereof thereof;
(c) not (without the Owner's consent in writing) to sell assign transfer pledge mortgage underlet or otherwise deal with or to create any lien upon the Goods in respect of such repairs or replacements or for any other purposes or thing whatsoever.
(d) To pay punctually for all work done to the Goods and for spare parts and accessories thereto and keep the Goods free from any distress, execution or other legal process.
(e) To insert and/or maintain on the Goods any insignia identification marks notice or plates as required by the Owner and that the Hirer shall not remove, deface, obliterate, cover up or conceal the same.
(f) To give immediate notice in writing to the Owner of any loss, damage or destruction part with possession of the Goods or any part thereof together with details of interest therein or the same.
(g) Immediately after option to purchase or the signing benefit of this Agreement at nor to conceal the Goods or attempt to do so;
(d) not to remove, alter, erase, conceal, deface or otherwise interfere with or suffer or permit any person to alter erase conceal deface or otherwise interfere with any identifying number or xxxx upon the Goods or any part thereof;
(e) to forthwith insure and during the currency of this Agreement to keep insured the Goods with an insurance company approved by the Owner under a fully comprehensive policy in the Owner's name as owner and in the Hirer's own expense name as hirer for an amount equal to insure and to keep insured at all times the full replacement value of the Goods in the joint names of the Owner as owner and the Hirer as hirer thereof for their respective interests during the continuance of the hiring against loss or damage by fire, accident, firetheft, burglarycollision, strikesriot, riots, civil commotion and theft and such any other risks as the Owner may from time to time consider fit specify and subject to the full insurable value thereof with a reputable insurance company under a policy of insurance containing such terms and conditions and exceptions as the Owner owner would require if the owner was arranging the insurance in particular a provision stating that any monies payable to the Hirer under the policy shall be paid to the Owner;
(f) the insurance policy together with receipts for premiums payable thereunder shall during the currency of this Agreement be delivered into the Owner's custody if the Owner had arranged so requires. If the Hirer fails to keep the Goods insured as required by the Owner with a licensed company or to pay any premium when due, the Owner shall, in addition to any of the Owner's rights hereunder be at liberty to effect the insurance and an endorsement to pay any premium thereon and the Hirer agrees to reimburse the Owner any expenses and charges incurred thereby by the Owner and further agrees that all payments under until paid such expenses and charges shall be subject to interest at the policy are rate set out in clause 2(q) herein;
(g) to be made to the Owner. The Hirer hereby irrevocably and unconditionally authorises authorise the Owner to recover and/or compromise in the Hirer's or the Owner’s name any claim for loss or damage under the relevant insurance policy and to receive all moneys monies payable under thereunder and to give to the said policy insurers a good receipt and give a valid discharge therefore. The Hirer for the same;
(h) during the hiring not to change the insurers for the Goods without the prior written consent of the Owner;
(i) any insurance monies received shall deliver first be applied in paying to the Owner the policy unpaid balance of insurance or a duplicate copy thereof immediately after the said policy has been issued. The hire purchase price and any other sums due from the Hirer shall not, during under the period of this Agreement, insure the Goods against any risk with another registered insurer without first informing the Owner thereof. Oversea-Chinese Banking Corporation Limited Xx.Xxx.Xx.: 193200032W
(h) To pay punctually all insurance premiums including renewal premiums payable for effecting and maintaining such insurance and to deposit the policy or policies of such insurance and the receipts for all premiums Agreement with the Owner on demand and not Hirer remaining liable to do so or suffer to be done any act or thing which may invalidate any such insurance and to keep the Owner fully indemnified at all times against all loss or damage to the Goods from whatever cause arising and all claims, whether by any employee, agent or licensee of the Hirer or by any other third party arising out of any death, injury or accidents caused by or in connection with the Goods. If the Hirer shall fail to effect the insurance as required under the preceding provisions the Owner may without prejudice to its other rights under this Agreement and without being under any obligations so to do effect and maintain any such insurance as aforesaid and all costs and expenses incurred by the Owner in so doing shall be repaid pay to the Owner any deficit which may remain for the loss, destruction or damage in respect of which the insurance monies were paid. If after application of the said insurance monies any part of the hire purchase price or any sums due from the Hirer under the Agreement shall remain unpaid, the same shall forthwith become payable by the Hirer on demand together with interest thereon at and thereupon this Agreement shall come to an end. Subject as aforesaid the rate provided in Clause 5 hereof. If the Owner agrees to any modification or restriction in the cover loss, seizure, confiscation, forfeiture, theft, destruction of any policy the Hirer will fully indemnify the Owner against any loss occasioned thereby. All moneys payable under any policy of insurance for loss or damage to the Goods shall belong solely not discharge the Hirer's liability to pay all sums due under this Agreement;
(j) not to do anything which may prejudice at any time any insurance cover over the Goods;
(k) not to use or permit the Goods to be used for any purpose not permitted by the terms and conditions of the insurance policy or in contravention of any statute, ordinance, enactment, regulation or law for the time being in force by reason whereof the Goods may become liable to seizure, confiscation or forfeiture or whereby the Owner may become liable to or exposed to any penalty;
(l) to produce on request by the Owner the Goods for inspection or test by the Owner or the records or receipts relating to the payment of rent of any premises on which the Goods may be housed or sheltered;
(m) to comply with all proper obligations relating to the Goods or their possession or use and not to do or suffer to be done anything with regard to the Goods which would in any way prejudice the Owner’s rights hereunder and to repay to the Owner whose receipt therefore any moneys it may properly expend to make good any failure by the Hirer to comply with any such obligation;
(n) that it is the Hirer’s obligation to obtain delivery of the Goods;
(o) that the Owner may from time to time by notice in writing to the Hirer change the address at which instalments are to be paid;
(p) that any sums payable under this Agreement to the Owner sent by post shall be a sufficient discharge to at the insurance company Hirer’s risk and shall be free of exchange charges. Payment by cheque of any sums payable under this Agreement shall only be credited to the Hirer’s account after clearance of such cheques;
(q) Without prejudice to any of the Owner's account with rights hereunder to pay interest at annual percentage rate plus one percentage point calculated on a daily basis on any monies payable hereunder which may from time to time be overdue until such monies are paid to the Owner;
(r) To pay to the Owner on demand all expenses (including legal fees and expenses on a full indemnity basis) incurred by or on behalf of the Owner in ascertaining the Hirer's whereabouts or towards satisfaction the whereabouts of the amount due Goods or in taking steps to take possession of the Goods or in applying for or attempting to enforce payment of any sums payable by the Hirer to the Owner under this Agreement. Further in the event The payment of any loss of or damage to the Goods, such costs and expenses by the Hirer shall forthwith assign be a condition precedent to the Owner all the rights, benefits any reinstatement of this Agreement and claims in default of payment thereof prior to reinstatement of the Hirer under the policy of insurance relating to such loss or damage.
(i) In addition to the aforesaid Agreement the Owner shall be entitled to receive all moneys payable resume possession of the Goods by reason of such non-payment notwithstanding any tender by the Hirer of arrears of monthly instalments and interest on overdue monthly instalments;
(s) That the Owner shall not be responsible for any property or articles alleged by the Hirer to have been left in repossessed or returned Goods and that in the event of any such property or article being found in such repossessed or returned Goods unless it is collected by the Hirer within one month of the Owner handing the Hirer or the Owner posting to the Hirer at his last known address written notice of the Owner's intention to sell such property or article the same may be sold by the insurance company under the relevant policy including any refund Owner after such period of insurance premium on cancellation or variation of the insurance policy except any "no claim" or similar rebate one month and the Hirer hereby appoints net proceeds credited to the Hirer's account;
(t) That the Owner as its attorney on notice to recover and/or compromise in the respective names of the Owner and the Hirer beforehand may enter on any claim thereunder for loss or damage to premises where it believes the Goods and to give effectual releases and receipts are located or on any premises occupied by the Hirer for the same.
(j) To permit the Owner, its servants or agents at any time to inspect or test the Goods and to give them reasonable and proper access and facilities to enable them to do so.
(k) To pay punctually all fines, licence duties, taxes fees, registration charges and all other payments, if any, in respect purpose of inspecting and/or testing the Goods or the use thereof, and if such payments shall have been made by the Owner (which the Owner may at its discretion but without any obligation to do so) to repay the same to the Owner on demand with interest thereon at the rate provided in Clause 5 hereof and to produce to the Owner on demand the receipts for all such payments.
(l) To obtain and maintain all necessary licences, permits, permissions and the like, whether governmental or otherwise in respect of the Goods and the use thereof.
(m) Not to use repossessing the Goods or permit serving any notice or suffer the same to be used contrary to any written law, rule, regulation or order made thereunder or for any unlawful purpose or in any manner by reason of which the Goods may become liable to confiscation or forfeiture and if the Goods should consist of a motor vehicle the Hirer shall not during the continuance of this Agreement use the said vehicle or cause or permit any other person to use the same unless there is in force demand in relation to the user Goods;
(u) Upon the Owner becoming entitled to immediate possession of the said vehicle by the Hirer or that other person as the case may be a policy Goods to deliver up possession of insurance in respect of third party risks complying with the requirements of any written law, rule or regulation for the time being in force in respect thereof.
(n) Not to allow any person other than skilled and qualified persons to operate or use the Goods.
(o) To keep the Goods at all times in the possession and control of the Hirer and not to remove the same from the place where they shall have been first installed as specified in the Schedule hereto (if any) without the prior consent in writing of the Owner and if the Goods should consist of a motor vehicle not to take or send or permit the said vehicle to be taken or sent out of West Malaysia and Singapore and not to transfer the registration of the said vehicle from one registry to another without the prior consent in writing of the Owner.
(p) To keep the Goods properly and safely housed or if the Goods shall consist of a motor vehicle, safely garaged, to inform the Owner by notice in writing of any change of the Hirer's address and/or of the place where the Goods are housed or garaged immediately when such change takes place and to pay duly and punctually the rent rates taxes and other outgoings in respect of the premises where the Goods are housed or garaged (as the case may be) and to produce on demand to the Owner the receipts for the current payments thereof. If at its address upon service on the Hirer shall fail to make the aforesaid payments of any notice or demand by the Owner may for possession of the Goods;
(but without being under any obligation to do sov) effect the said payments and all such payments including costs and expenses incurred in so doing shall be repaid to No relaxation forbearance delay or indulgence by the Owner by the Hirer on demand together with interest thereon at the rate provided in Clause 5 hereof.
(q) Not to make enforcing any alterations, additions or improvements to the Goods without the prior consent in writing of the Owner. All additions replacements or attachments made to the Goods with or without the consent of the Owner and of whatever kind or nature shall be deemed to be parts of the whole and be the property of the Owner and subject to all the terms and conditions of this Agreement. Oversea-Chinese Banking Corporation Limited Xx.Xxx.Xx.: 193200032W
(a) Not Agreement or the granting of time by the Owner to affix the Hirer shall prejudice affect or attach restrict the Goods to any land or building without prior consent in writing rights and powers of the Owner and without first obtaining the written hereunder nor shall any waiver of the proprietor of the land or building in respect of the Goods and to ensure that in so far as the Goods are affixed or attached to any land or building the Goods shall be capable of being removed without material damage to the said land or building and that such steps shall be taken by the Hirer as are necessary to prevent title to or any other rights over the Goods from passing to the proprietor of the said land or building. Without prejudice to the generality of the foregoing to obtain from the owner and/or the mortgagee of the said land or building a waiver in writing of their distress over the Goods and an acknowledgement in writing whereby the proprietor and/or mortgagee (if any) acknowledges that title to the Goods vests solely with the Owner and that Goods do not (by reason of affixation or attachment or otherwise to the said land or building) form part or become a part of the said land or building.
(r) Not to present himself/itself nor hold himself/itself out as being the owner or to do or suffer any act matter of thing to be done whereby the Hirer may be reputed to be the owner of the Goods and in particular not to sell, assign, sub-let, pledge, mortgage, charge, encumber,part with possession or otherwise deal with the Goods or any interest therein or create or allow to be created any lien on the Goods whether for repairs or otherwise and in the event of any breach hereof operate as a waiver of this sub-clause by the Hirer the Owner shall be entitled (but shall not be bound) to pay to any third party such sums as is necessary to procure the release of the Goods from subsequent or any charge, mortgage, pledge, encumbrance or lien and shall be entitled to recover such sum from the Hirer forthwith together with interest thereon at the rate provided in Clause 5 continuing breach hereof.
(s) Not to sell, mortgage, charge, demise, sub-let or otherwise dispose of any land or building on or in which the Goods are kept or enter into any contract to do any of the aforesaid things without giving the Owner at least six
Appears in 1 contract
Samples: Industrial Hire Purchase Agreement
HIRER’S OBLIGATIONS. The Hirer hereby agrees with following sets out the Owner as follows:-Hirer’s obligations under this Agreement:-
(a) To obtain delivery of not to make payment to the Goods at Dealer, agent or persons acting on the Hirer's sole risk, cost and expense. Oversea-Chinese Banking Corporation Limited Xx.Xxx.Xx.: 193200032WOwner’s behalf other than the payment listed in the Second Schedule;
(b) To keep not to make any payment or instalments to any Dealer without the Owner’s prior written approval;
(c) to pay the deposit (which includes deposit in any forms other than cash) stated in item (ii) Part III of the Appendix;
(d) to pay punctually and maintain without previous demand the monthly instalments specified in Part IV of the Appendix or such revised monthly instalments as computed in accordance with Clause 4 hereof (hereinafter called “Instalments”) and all other payments hereunder which is permitted by the Hire Xxxxxxxx Xxx 0000 (hereinafter referred to as “the Act”) or the current prevailing legislation notwithstanding any defects, breakdown, loss (including total loss) of or damage to the Goods or for any reason whatsoever the Hirer shall not have the possession, control or use of the Goods;
(e) that any sums payable under this Agreement to the Owner sent by post shall be at the Hirer’s risk, and all parts thereof shall be free of exchange charges. Payment by cheque of any sums payable under this Agreement shall only be credited to the Hirer’s account after clearance of such cheques;
(f) to allow the Owner to appropriate at its discretion any monies paid by the Hirer in satisfaction or part satisfaction of any payment, debt or liability arising under this Agreement and/or any agreement supplemental to this Agreement unless prohibited by the Act;
(g) to keep the Goods in good and serviceable order repair and condition and to replace the Hirer shall indemnify the Owner on demand against all missingloss (including total loss), damaged or broken parts damage, claims and expenses arising out of the Goods by parts of the same make, equal value and quality and to be solely responsible for any loss or destruction of or for any damage to the Goods however caused and/or any repair or any part thereof occasioned in any manner or by whomsoever or by any cause whatsoever, including fair wear and tear and lawful forfeiturereplacement thereof. In default of so doing the Hirer shall permit the Owner to take possession of the Goods for the purpose of having All repairs and replacements carried out and to repay to the Owner the full costs of such repairs and replacements so incurred by the Owner upon demand together with interest thereon at the rate provided in Clause 5 hereof from the date on which such costs were incurred until the date of payment thereof by the Hirer.
(c) That all the repairs and replacements replacement to the Goods arising from any cause whatsoever including fair wear and tear shall be carried out at the Hirer's expense by a person or persons or firm or company approved in writing by the Owner provided nevertheless and at the Hirer’s expense Provided Always that the Hirer shall not have be prohibited from creating any lien or be deemed to have any authority to pledge pledging the Owner's Hirer’s credit for the repair or replacement of the Goods or any part thereof or otherwise or to create any lien upon the Goods in respect of such repairs or replacements or for any other purposes or thing purpose whatsoever.;
(dh) To pay punctually not to part with the possession nor to lend, sell, let, charge or in any way deal with or dispose of or attempt to dispose of the Goods;
(i) to notify the Owner in writing by registered post immediately of any change in the Hirer’s address and not to remove the Goods from such address without the Owner’s prior written consent;
(j) to comply with and conform to all laws, by-laws, statutes, rules and regulations and instruction of the relevant authorities in connection with the Goods or the use thereof and to indemnify the Owner on demand against any claims and costs whatsoever arising out of the use, operation or keeping of the Goods or in any manner relating thereto;
(k) to inform the Owner in writing by registered post immediately if the Goods is the subject matter of any litigation, legal proceedings, seizure, forfeiture, legal execution, distrain or lien by any person and to bear all cost and expenses (including legal costs on a solicitor and client basis) to have the Goods released therefrom;
(l) on the Owner’s request, to produce the Goods for all work done inspection and test by the Owner, its agents or servants and to give them reasonable and proper facilities to enable them to do so;
(m) not to make any additions or alterations to the Goods nor affix or install any accessories, equipment or devices thereon or thereto without the Owner’s written consent and for spare parts and accessories thereto and keep if the same shall be affixed to or installed upon or in the Goods free from any distresswhether with or without the Owner’s consent, execution or other legal process.
(e) To insert and/or they shall be deemed to be part of the Goods and be subject to all the terms and conditions of this Agreement. The Hirer shall maintain on the Goods any insignia identification or maker’s marks notice or plates as required by including the Owner chassis and that the Hirer engine number and shall not remove, defacealter, obliterate, cover up erase or conceal deface or otherwise interfere with the same.;
(fn) To give immediate notice in writing for and on the Owner’s behalf, to examine the Owner of any loss, damage or destruction order and condition of the Goods or any part thereof together with details in every aspect and obtain delivery of the same.Goods;
(go) Immediately after to notify the signing Owner immediately in the event the Goods is lost, damaged or forfeited and indemnify the Owner against the same whereby the Owner’s losses (including total loss) shall for the purpose of ascertaining this Agreement sum be as if the Hirer had elected to exercise the Hirer’s right of early completion under Section 14 of the Act at the Hirer's own expense to insure and to keep insured at all times the Goods in the joint names date of the Owner as owner and the Hirer as hirer thereof for their respective interests during the continuance of the hiring against such loss or damage by accident, fire, burglary, strikes, riots, civil commotion and theft and such other risks as the Owner may from time to time consider fit to the full insurable value thereof with a reputable insurance company under a policy of insurance containing such terms conditions and exceptions as the Owner would require if the Owner had arranged the insurance and an endorsement that all payments under the policy are to be made to the Owner. The Hirer hereby irrevocably and unconditionally authorises the Owner to receive all moneys payable under the said policy and give a valid discharge therefore. The Hirer shall deliver to the Owner the policy of insurance or a duplicate copy thereof immediately after the said policy has been issued. The Hirer shall not, during the period of this Agreement, insure the Goods against including any risk with another registered insurer without first informing the Owner thereof. Oversea-Chinese Banking Corporation Limited Xx.Xxx.Xx.: 193200032W
(h) To pay punctually all insurance premiums including renewal premiums payable for effecting and maintaining such insurance and to deposit the policy or policies of such insurance and the receipts for all premiums with the Owner on demand and not to do so or suffer to be done any act or thing which may invalidate any such insurance and to keep the Owner fully indemnified at all times against all loss or damage to the Goods from whatever cause arising and all claims, whether by any employee, agent or licensee of the Hirer or by any other third party arising out of any death, injury or accidents caused by or in connection with the Goods. If the Hirer shall fail to effect the insurance as required under the preceding provisions the Owner may without prejudice to its other rights under this Agreement and without being under any obligations so to do effect and maintain any such insurance as aforesaid and all costs and expenses incurred by the Owner in so doing shall be repaid to the Owner by the Hirer on demand together with interest thereon at the rate provided in Clause 5 hereof. If the Owner agrees to any modification or restriction in the cover of any policy the Hirer will fully indemnify the Owner against any loss occasioned thereby. All moneys payable under any policy of insurance for loss or damage to Owner;
(p) that if the Goods shall belong solely to the Owner whose receipt therefore shall be is a sufficient discharge to the insurance company and credited to the Hirer's account with the Owner in or towards satisfaction of the amount due to the Owner under this Agreement. Further in the event of any loss of or damage to the Goodsmotor vehicle, the Hirer shall forthwith assign NOT change the registration number of the vehicle without the Owner’s prior consent in writing, nor allow any person to drive the vehicle or use or permit the use of the vehicle except pursuant to the Owner all takaful certificate/insurance policy for the rights, benefits and claims time being in force nor drive the vehicle out of or allow the Hirer under the policy of insurance relating vehicle to such loss or damage.
leave:- (i) In addition to the aforesaid territory of West Malaysia, if the Owner shall be entitled to receive all moneys payable to Hirer’s address is within West Malaysia; and (ii) the Hirer by territory of East Malaysia, if the insurance company under Hirer’s address is within East Malaysia, nor cause or allow the relevant policy including any refund Owner’s endorsement of insurance premium ownership on cancellation or variation of the insurance policy except any "no claim" or similar rebate and the Hirer hereby appoints the Owner as its attorney to recover and/or compromise in the respective names of the Owner and the Hirer any claim thereunder for loss or damage to the Goods and to give effectual releases and receipts registration card for the same.vehicle to be cancelled;
(j) To permit the Owner, its servants or agents at any time to inspect or test the Goods and to give them reasonable and proper access and facilities to enable them to do so.
(k) To pay punctually all fines, licence duties, taxes fees, registration charges and all other payments, if any, in respect of the Goods or the use thereof, and if such payments shall have been made by the Owner (which the Owner may at its discretion but without any obligation to do soq) to repay the same to the Owner on demand with interest thereon at the rate provided in Clause 5 hereof and to produce to the Owner on demand the receipts for all such payments.
(l) To obtain and maintain all necessary licences, permits, permissions and the like, whether governmental or otherwise in respect of the Goods and the use thereof.
(m) Not to not use the Goods or permit or suffer the same to be used contrary to any written law, law or any rule, regulation or order made thereunder or for any unlawful purpose or in any manner by reason of which the Goods may become liable to confiscation or forfeiture and if the Goods should consist of be a motor vehicle vehicle, the Hirer shall not during the continuance of this Agreement use the said vehicle Goods or cause or permit any other person to use the same unless there is in force in relation to the user of the said vehicle Goods by the Hirer or that other person as the case may be a policy of insurance in respect of third party risks complying with the requirements of any written law, rule or regulation law for the time being in force in respect thereof.;
(nr) Not to allow any person other than skilled and qualified persons to operate or use the Goods.
(o) To keep the Goods at all times in the possession and control of the Hirer and not to remove the same from the place where they shall have been first installed as specified in the Schedule hereto (if any) without the prior consent in writing of the Owner and that if the Goods should consist of a motor vehicle not to take or send or permit the said vehicle to be taken or sent out of West Malaysia and Singapore and not to transfer the registration of the said vehicle from one registry to another without the prior consent in writing of the Owner.
(p) To keep the Goods properly and safely housed or if the Goods shall consist of a motor vehicle, safely garagedis consumer goods, to inform the Owner by notice punctually pay all rents and other outgoings payable in writing of any change of the Hirer's address and/or respect of the place where the Goods are housed or garaged immediately when such change takes place and is kept in order to pay duly and punctually the rent rates taxes and other outgoings in respect of the premises where keep the Goods are housed free from distress or garaged other forms of execution proceedings levied which may affect the Owner’s rights of ownership on the Goods;
(as the case may bes) and to produce on demand to the Owner the receipts for the current payments thereof. If the Hirer shall fail to make the aforesaid payments the Owner may (but without being under any obligation to do so) effect the said payments punctually pay all licenses, fees, taxes, registration fees and all such payments including costs and expenses incurred in so doing shall be repaid to the Owner by the Hirer on demand together with interest thereon at the rate provided in Clause 5 hereof.
(q) Not to make any alterations, additions or improvements to the Goods without the prior consent in writing of the Owner. All additions replacements or attachments made to the Goods with or without the consent of the Owner and of whatever kind or nature shall be deemed to be parts of the whole and be the property of the Owner and subject to all the terms and conditions of this Agreement. Oversea-Chinese Banking Corporation Limited Xx.Xxx.Xx.: 193200032W
(a) Not to affix or attach the Goods to any land or building without prior consent in writing of the Owner and without first obtaining the written waiver of the proprietor of the land or building other charges payable in respect of the Goods and its use failing which the Owner may, but is under no legal obligation, to ensure that in so far as make such payment. If such payments are be made by the Goods are affixed or attached to any land or building Owner, the Goods Hirer shall be capable of being removed without material damage reimburse the same to the said land or building and that such steps shall be taken by the Hirer as are necessary to prevent title to or any other rights over the Goods from passing to the proprietor of the said land or building. Without prejudice to the generality of the foregoing to obtain from the owner and/or the mortgagee of the said land or building a waiver in writing of their distress over the Goods and an acknowledgement in writing whereby the proprietor and/or mortgagee (if any) acknowledges that title to the Goods vests solely with the Owner and that Goods do not (by reason of affixation or attachment or otherwise to the said land or building) form part or become a part of the said land or buildingon demand.
(r) Not to present himself/itself nor hold himself/itself out as being the owner or to do or suffer any act matter of thing to be done whereby the Hirer may be reputed to be the owner of the Goods and in particular not to sell, assign, sub-let, pledge, mortgage, charge, encumber,part with possession or otherwise deal with the Goods or any interest therein or create or allow to be created any lien on the Goods whether for repairs or otherwise and in the event of any breach of this sub-clause by the Hirer the Owner shall be entitled (but shall not be bound) to pay to any third party such sums as is necessary to procure the release of the Goods from any charge, mortgage, pledge, encumbrance or lien and shall be entitled to recover such sum from the Hirer forthwith together with interest thereon at the rate provided in Clause 5 hereof.
(s) Not to sell, mortgage, charge, demise, sub-let or otherwise dispose of any land or building on or in which the Goods are kept or enter into any contract to do any of the aforesaid things without giving the Owner at least six
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Samples: Hire Purchase Agreement
