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My Terms – Hire Purchase Terms & Conditions

  1. The Hirer (which expression, if two or more hirers are party to this agreement, shall refer to each jointly and severally) will:

    (a) Pay to the Owners on the signing hereof the sum referred to in the Schedule overleaf as "first payment" and during the continuance of the hiring pay to the Owners without previous demand the monthly rent mentioned in the Schedule, any payments sent by post being at the Hirer's own risk and responsibility. Any payments made by the Hirer to the Owners may be appropriated by the Owners in or towards satisfaction of any sums due and owing to the Owner hereunder notwithstanding that the Hirer may have purported to appropriate such payments in some other way and the Owners may also appropriate any such payment in part towards any sums which are due hereunder and in part towards satisfaction of any sums due by the Hirer to the Owners otherwise than under the Agreement.

    (b) Pay to the Owners a late fee interest representing up to 35% of any instalment or part thereof that shall remain unpaid for more than three (3) days after becoming due, but without prejudice to the other rights of the Owners hereunder."

    (c) Take delivery of the Goods upon notice that the same are ready for delivery but so that the Owners shall be under no liabi¬lity for any delay in delivery.

    (d) Comply with all statutory requirements and regulations for the time being in force in relation to the Goods.

    (e) During the currency of this agreement keep the Goods in his own possession and not take them outside Trinidad and Tobago without the previous consent in writing of the Owners and maintain the Goods in proper repair and in good and serviceable condition (making good all damage thereto whether or not occasioned by his own act or default) and not use or permit them to be used for any purpose for which they are not designed or reasonably suitable and not hold himself out as owner of the Goods not sell offer for sale, assign or charge the Goods or the benefit of this agreement nor create any lien on the Goods or pledge the Owners' credit either for repairs thereto or otherwise and not interfere or allow any interference with any identification marks thereon or attempt to do any of these things, and if he shall fail to do so pay to the Owners on demand as liquidated damages a sum equal to the cost or (if the repairs shall not have been carried out by the Owners) the estimated cost of putting the Goods into such good order, repair and working condition.

    (f) Not sell, assign, mortgage, charge, let or otherwise dispose of the Goods or of the benefit of this Agreement or the option to purchase herein contained; nor suffer the Goods to be seized or taken in any distress execution or other legal process nor attempt so to do nor commit or suffer to be committed any act of bankruptcy nor enter into or negotiate for any composi¬tion with the Hirer's creditors, nor being a Company pass a resolution for winding up or suffer a petition for winding up to be presented against it or a Receiver to be appointed. The performance and observance of this Clause by the Hirer shall be a condition precedent to the Owners' consent to the Hirer's possession of the Goods and on breach thereof this Agreement and the hiring hereby constituted shall ipso facto determine, but such determination shall not discharge any pre-existing liability of the Hirer to the Owners.

    (g) Pay to the Owners on demand any cost and expenses incurred by the Owners in ascertaining the whereabouts of the Hirer or of the Goods or in preparing to recover or in recovering possession of the Goods from the Hirer or from any other person (including but not limited to repossession fees, bailiff fees, transport fees, storage fees, and any payment made by the Owners in discharge or satisfaction of any lien or alleged lien on the Goods) or in applying for or enforcing payment of any rent or other sums payable hereunder including legal charges as between attorneys and clients in¬curred by the Owners in respect of any of the foregoing matters whether legal proceedings shall have been instituted or not.

    (h) Permit the Owners at all reasonable times to inspect the Goods and afford them proper facilities for that purpose.

  2. If the Goods shall become a total or constructive total loss, whether such loss be due to the negligence of the Hirer or not, the Hirer will on demand pay to the Owners such sum as (with the amount previously paid for rent hereunder, plus any sum recovered by the Owners from the Insurance Company in respect of such loss) shall make up the balance payable as shown in the Schedule overleaf. 
  3. All the original rights and powers and remedies of the Owners shall remain in full force notwithstanding any neglect forbearance or delay by the Owners in the enforcement thereof. 

  4. The intervention of any dealer insurance agent or other person either by introducing the Hirer to the Owners or by delivery of the Goods to the Hirer or by receiving any payment hereunder and remitting the same to the Owners or otherwise shall not consti¬tute any such person the agent of the Owners for any purpose whatsoever in reference to the transaction entered into and recorded by this Agreement. 

  5. The Owners are and shall be bound only by the terms of this Agreement notwithstanding any proposal representation or arrange¬ment whether verbal or in writing that may have been made or suggested prior to the signing hereof by any person firm or company whatsoever or in any advertisement, circular, or advertising matter or otherwise and no variations in the terms and conditions of this Agreement shall be binding on the Owners without their written consent signed by a Director or a Manager. 

  6. Should the Hirer fail to pay the initial instalment of rent in full at the time when this agreement is made or to pay any subsequent instalment or other sum payable hereunder in full within ten days after the same shall have become due or if he shall die or have a Receiving Order made against him or be made bankrupt or call any meeting of or make any arrangement or composition with his creditors or if the Hirer being a limited company shall call any meeting of its creditors or be wound up compulsorily or go into voluntary liquidation or have a receiver of any of its assets appointed or if the Goods or any part thereof shall be seized under any execution or legal process issued against the Hirer or under any distress for rent or if the Hirer shall fail to observe or fulfil any term of this agreement or shall do or suffer anything whatsoever which in the Owners' opinion bona fide formed upon reasonable grounds will or may have the effect of jeopardising the Owners' right of property in the Goods then and in each and every such case the Owners may (subject to the provisions of the Hire Purchase Act, Chap. 82:33): 

    (a) Where the hire-purchase price of the Goods exceeds $15,000.00, without any notice retake possession of the Goods and for this purpose shall be entitled freely to enter into and upon any premises occupied by or under the control of the Hirer;

    (b) Where the hire-purchase price of the Goods does not exceed $15,000.00 and seventy per centum of such price has been paid, retake possession of the Goods with the Hirer's consent without any notice but, unless the hirer has himself put an end to the agreement, may not take back the Goods from the Hirer without the Hirer's consent unless the Owners obtain an Order of the Court in accordance with the provisions of the Notice overleaf;

    (c) Where the hire-purchase price of the Goods does not exceed $15,000.00 and less than seventy per centum of such price has been paid, take back the Goods with the Hirer's consent without any notice but, unless the Hirer has himself put an end to the agreement or has committed some breach of the agreement other than failure to pay any instalment of the hire pur¬chase price, cannot take the Goods back from the Hirer without the Hirer's consent unless the Owners have given to the Hirer twenty-one clear days written notice of his intention to do so and the Hirer has not within the said period paid to the Owners all instalments of the hire purchase price due at the date of the issue of such notice in accordance with the pro¬visions of the Notice overleaf.

  7. The Hirer may at any time terminate the hiring by returning the Goods at his own expense and risk to the Owners at such place as shall be appointed by the Owners in a good state of repair and in good working order and condition and with such additions alterations and improvements as shall have been made thereto without becoming thereby entitled to any credit allowance or set-off in respect of payments previously made and without prejudice to the rights of the Owners in respect of any breach of the Hirer's covenants herein contained. 

  8. The Goods are and shall remain the property of the Owners unless the hiring shall continue for the said period of hire and the Hirer shall pay all the instalments as set out in the Schedule in which event, on the expiration of the said period of hire, the Hirer shall become the owner of the Goods. The Hirer may also become the owner of the Goods at any time before the expiration of the said period of hire by paying to the Owners such amount as together with all instalments already paid by him will make up the hire-purchase price. 

  9. CONDITIONS AND WARRANTIES: The Goods are supplied by the Owners to the Hirer subject to no other conditions or war¬ranties whether expressed or implied than such as are to be implied by virtue of Section 10 of the Hire Purchase Act Chap. 82:33 and the Hirer agrees and declares that he has examined the Goods and found them free from defects. It is hereby further agreed and declared that the Goods are not supplied subject to any conditions that the Goods are fit for any particular purpose. 

  10. All rights of the Owners hereunder are assignable.

  11. This Agreement shall be deemed to take effect as from the date upon which it is signed by the Owners.

  12. I/We authorize you to obtain further information on my/our credit and employment history and any such source is hereby authorized to provide requested information. You are authorized to disclose to any Credit Bureau and other creditor grantors any information about my/our credit history. I/we agree to jointly and severally indemnify you against any and all claims in damages or otherwise arising from disclosure on your part.