MPGW HPM. P. Goh Motor World
MPGW HPM. P. Goh Motor World
MPGW HPM. P. Goh Motor World
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Change log
Every cancelled receipt, voided or restored agreement, deleted sale and removed signed copy, with the reason. Admin only.| When | Who | What | Record | Reason |
|---|
Reports
Overdue by age
Collections, last 12 months
Accounting booking
Journal entries for new agreements and receipts, the interest income schedule, monthly summary and balance-sheet figures. For your accountant.
Leave the dates empty to include every issued agreement. Void agreements are listed in the register but are not booked.
Accounts, aging & collections
Every account with paid, outstanding and overdue amounts, the aging report by 1–30, 31–60, 61–90 and 90+ days, and daily collections for the month split by payment type.
New agreement
No. assigned on saveLinkedFrom the agreement
These details print on this document automatically. Change them on the Agreement tab.
AgreementNumber & date
The running number follows the agreement year and is issued when you first save. All other documents use this date.
CustomerExisting customer
Fills in the hirer's details from the customer record. Agreements from an uploaded sales form are filled in automatically.
Part IParticulars of hirer
HirerContact details
The same contact details print on the ledger card, invoice and delivery order.
HirerPersonal details
Part IIDescription of goods
VehicleVehicle details
Part IIITable of payments
Part IVParticulars relating to payments
The monthly instalment rounds up and the final instalment takes the balance, so the instalments always add up to item (viii).
PromotionPromotional voucher (marketing subsidy)
Campaigns are set up by an admin on the Promotions page. Voucher value = monthly instalment in Part IV less what the hirer pays. The voucher is applied when you receive the hirer's portion on or before the due date, and is shown on the receipt.
Gate passVehicle release form
The customer, vehicle and agreement details come from the agreement. Fill in the rest here. This can be done after the agreement is issued.
Free gifts
InsuranceInsurance & road tax
InvoiceInvoice & delivery order
Save the agreement first. The invoice and delivery order share one running number.
e-InvoiceBuyer & LHDN details
This page doesn't submit to MyInvois. After LHDN validates the invoice, copy the Unique No and validation link here so they print on the invoice.
PackageAccessories & remark
ItemQtyNett (RM)Package
SigningSignature of parties
Signing date defaults to the agreement date.
WitnessHirer's witness
The same witness prints on the agreement, both Second Schedules and the consent letter.
GuaranteeGuarantor
ReviewCheck before saving
The agreement on the right is what will print. Saving issues the running number; you can still edit the details afterwards.
HIRE PURCHASE AGREEMENT
NO.
SCHEDULE TO THE AGREEMENT OVERLEAF
PART I - PARTICULARS OF HIRER
Full Name:
NRIC NO:
Address:
PART II - DESCRIPTION OF GOODS
(i)Description of Goods:
(ii)New or Secondhand
(iii)Serial / Registration No:
(iv)Model:
(v)Engine No:
(vi)Chassis No:
(vii)Accessories:
(viii)Goods to be kept at:
PART III - TABLE OF PAYMENTS
(i)Cash Price of GoodsRM
(ii)DepositRM
Cash (RM )
other than Cash (RM )
Cash Price less DepositRM RM
(iii)Freight Charges, if anyRM
(iv)Vehicle Registration Fee, if anyRM
(v)Insurance for motor vehicle for first 12 months OR
Insurance for Goods other than motor vehicles, for duration of AgreementRM
Insurance for Goods other than motor vehicles, for duration of AgreementRM
(vi)Total of Items (i), (iii), (iv) and (v) less (ii)RM
(vii)Terms Charges: (a) rate per annum % flat
(b) total amount of terms chargesRM
(viii)BALANCE ORIGINALLY PAYABLE UNDER THIS AGREEMENT
(Total of Items (vi) and (vii))RM
(Total of Items (vi) and (vii))RM
(ix)Annual Percentage Rate of Terms Charges %
(x)HIRE PURCHASE PRICE (Total of Items (viii) and (ii))RM
(xi)Difference between cash price of goods and the total amount you will have to payRM
PART IV - PARTICULARS RELATING TO PAYMENTS
(i)Date on which the hiring shall be deemed to have commenced
(ii)Duration of payment of instalments in number of months or years Months
(iii)Number of instalments
(iv)Amount of each instalment and one final instalment of RM
(if applicable)RM
(if applicable)RM
| Instalment no. | Amount (RM) |
|---|---|
| Total of instalments = Balance originally payable [item (viii)] |
(v)Instalments commencing on and thereafter on or before the day of each succeeding month.
SIGNATURE OF PARTIES
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day of
SIGNED by
for and on behalf of the OWNER
in the presence of:
Witness
Name:
Identity Card No:
Signature for and on behalf of the Owner
SIGNED by the HIRER
in the presence of:
Witness
Name:
Identity Card No:
Signature of HirerGUARANTEE
To:
IN CONSIDERATION OF your entering into aforesaid Hire Purchase Agreement dated the day of having at my request agreed to hire to the Hirer the Goods herein referred to I HEREBY UNDERTAKE and GUARANTEE the payment of the said rents and all other sums of money which may become payable by the Hirer under the terms of the above written Agreement and the performance and observance of the said stipulations and conditions by the Hirer therein contained and I hereby UNDERTAKE TO INDEMNIFY the Owner against all loss, damage or expense which the Owner may sustain by reason of the neglect of the Hirer to observe or perform any of the stipulations on his part contained in the above-written Agreement And I the Guarantor agree that this Guarantee shall not be in anyway avoided, released or affected by the Owner giving time to the Hirer granting him any indulgence or by the Owner and the Hirer making any variation in the terms of the said Agreement (all which things the Owner shall be at liberty to do) Provided that no variation shall make me liable for a greater maximum sum under this Guarantee than that for which I am liable as the above-written Agreement now stands And I Agree as between me and the Owner I shall be deemed to be principal debtor and I waive all suretyship and other rights inconsistent with the clause.
I HEREBY ACKNOWLEDGE to have read the said Hire Purchase Agreement or a copy thereof.
I confirm that the contents and effects of this Letter of Guarantee have been explained to me before the execution thereof and I fully understand the legal implications and consequences of the same.
Dated this day of
Witness to Guarantor's Signature
(other than husband or wife of Guarantor)
(other than husband or wife of Guarantor)
Name:
Identity Card No:
SIGNATURE OF GUARANTOR
Full Name of Guarantor:
Identity Card No:
SECOND SCHEDULE
HIRE-PURCHASE ACT, 1967 PART I ( Section 4 (1) (a) and 4 (1) (b) (i) )
SUMMARY OF YOUR FINANCIAL OBLIGATIONS UNDER THE PROPOSED HIRE-PURCHASE AGREEMENT
This document contains a short description of the goods comprised in the hire-purchase agreement and a summary of your financial obligations under the proposed hire-purchase agreement.
Particulars of goods
Short Description of Goods :
Maker's Type or Model No :
Engine No./Make of Engine : Chassis No :
Registration or Serial No : State Whether New or Second Hand :
Address Where Goods Will Be Kept :
Particulars Relating To Your Financial Obligations
Cash price of goodsRM
Amount to be paid before entering into the hire-purchase agreement
(hereinafter referred to as "deposit")RM
(hereinafter referred to as "deposit")RM
Cash price less depositRM
Freight Charges, No Plate, Accessories, And Others, if anyRM
Hak Milik Endt Fee & Vehicle registration fee, if anyRM
Insurance for motor vehicles, insurance in respect of the first year onlyRM
Road TaxRM
Number PlateRM
Term charges :
(a) For fixed rate
i. rate per annum
ii. total amount of term chargesRM
(b) For variable rate
i. rate per annum
+BLR, currently at %
ii. total amount of term chargesRM
Balance originally payable under the agreementRM
Annual Percentage Rate
Balance originally payable under the agreement, inclusive of deposit,
referred to in the agreement as the "hire-purchase price".RM
referred to in the agreement as the "hire-purchase price".RM
Difference between cash price of goods and the total amount you will
have to payRM
have to payRM
Particulars Relating To Payment
Duration of payment of instalments in number of months or years
Number of instalments
Amount of each instalmentRM
Amount of final instalmentRM
This document is issued by or on behalf of
on this day of
pursuant to section **4(1)(a)/4(1)(b)(i) of the Hire-Purchase Act 1967.
This document is given free of charge without any obligation to enter into a hire-purchase agreement.
I/We NRIC No.
of
hereby acknowledge receipt of this document with particulars thereof duly inserted and completed at the time of my/our receipt thereof.
Signature of Hirer
Name
I/C No
Date
Witness to Signature of Hirer
Name
I/C No
Date
Note :
* Price stated will be valid for a period of 7 days.
** where the terms charges are at a variable rate, the particulars specified shall be based on the
BLR applicable at the time of serving of this written statement.
*** Strike out whichever inapplicable.
** where the terms charges are at a variable rate, the particulars specified shall be based on the
BLR applicable at the time of serving of this written statement.
*** Strike out whichever inapplicable.
SECOND SCHEDULE
HIRE-PURCHASE ACT, 1967 PART II ( Section 4(1) (b) (ii) )
CONSENT OF PROSPECTIVE OWNER
TO
TAKE NOTICE that NRIC NO
of
intends to enter into a hire-purchase agreement in respect of
and a copy of a summary of his financial obligations under the proposed hire-purchase agreement has been served on
him on the day of
a copy of which is attached herewith, pursuant to section 4(1) (b) (i) of the Hire-Purchase Act 1967.
2. If you agree to be a party as owner in the proposed hire-purchase agreement, kindly confirm by signing at the appropriate column of this document.
(Signature of Dealer)
Name :
Address :
Date :
TO
We hereby agree to be a party as owner in the proposed hire-purchase agreement.
(Signature of the prospective owner)
Name :
Address :
Date :
I/We NRIC No.
of
hereby acknowledge receipt of this document with particulars thereof duly inserted and completed at the time of my/our receipt thereof.
Signature of Hirer
Name
I/C No
Date
Witness to Signature of Hirer
Name
I/C No
Date
* Price stated will be valid for a period of 7 days.
** Strike out whichever inapplicable.
LETTER OF CONSENT AND AUTHORITY ON DISCLOSURE
I (NRIC No. ) the Hirer of the vehicle Registration No. pursuant to the Hire Purchase Agreement dated made between me and (hereinafter called "the Owner") hereby expressly confirm agree and undertake as follows:
- I hereby irrevocably and unconditionally consent and authorize that all information records and documents relating to the Hire Purchase Agreement may be forwarded by the Owner to any bureau or agencies established for the purpose of collecting information from any institution including but not limited to (Including Credit Reporting Agencies) and other bodies bureaux or corporations as the case may be.
- I further agree that the Owner shall not in any event be liable for any claim, loss, damage or liability howsoever arising whether in contract, tort negligence, strict liability or any basis (including direct or indirect, special, incidental, consequential or punitive damages or loss of profits or savings) arising from any inaccuracy or loss, deletion or modification of data or for any other reason whatsoever relating to any information records and documents forwarded by the Owner as aforesaid to (Including Credit Reporting Agencies) such or bodies bureaux or corporations as the case may be or in relation to any access or use, or the inability to access or use by anybody, bureau or corporation or reliance on the information therein, whether caused by any technical, hardware or software failure of any kind, the interruption, error, omission, delay, viruses or otherwise howsoever.
- I hereby irrevocably and unconditionally consent and authorize that all information relating to the Hire Purchase Agreement made available or continued to be made available to the Owner after the execution of the Hire Purchase Agreement may be forwarded or made known by the Owner to any bureau or agencies established for the purpose of collecting information from any institution but not limited to (Including Credit Reporting Agencies) and other bodies bureaux or corporations as the case may be.
- From time to time inquiries may be made by third parties about my personal particulars completed by me leading to the Hire Purchase Agreement and as to my credit standing pertaining to this transaction with a view of entering into prospective transaction with the Owner. In such an event I hereby consent and authorize the Owner to disclose to any such persons all such information the Owner shall deem relevant in the Owner's absolute discretion in the circumstances.
- I expressly undertake and represent that the information furnished by me to the Owner in connection with the Hire Purchase Agreement including information relating to my repayment capability in relation to the Hire Purchase Agreement or financial or asset position does not contain any untrue statement or omits to state any fact the omission of which makes the statement therein in the light of the circumstances under which they were made misleading and all expression of expectation intention belief and opinion contained therein have been honestly and reasonably made by me to the Owner.
- I hereby unconditionally and irrevocably consent that the Owner may give, produce, divulge, reveal or otherwise make available such information as may be necessary regarding my account(s) or the Hire Purchase Agreement to all other Owners in respect of any hire purchase transaction.
Signed by Hirer
Name:
NRIC No.
Witness by
Name:
NRIC No:
Address:
Hirer Name
I/C No
Address
Tel (R)
Tel (HP)
Tel (O)Fax
Agreement No
Agreement Date
Model
Vehicle No
Engine No
Chassis No
New/Used
Vehicle Price
Insurance
Roadtax
Registration
Hakmilik
No Plate/Accessories
Others & Freight
Handling Charges
Total Sales Price
Discount
Nett Sales Price
Downpayment Cash
Downpayment Trd In
Loan Amount
Period Finance
Interest Rate
Finance Charges
Monthly Instalment
Last Instalment
Employer Name
Insurance Name
Guarantor Name
Cover Note No
Cover Type
Insurance Expiry Date
Roadtax Expiry Date
Agrm Commence Date
Race
Sex
Age
Occupation
Email
Hometown Address
Employer AddressGuarantor I/C No
Guarantor AddressGuarantor Tel
Guarantor HP
Supplier TIN
Supplier Reg No
Supplier SST ID
Supplier MSIC Code
Buyer Id.
Buyer Name
Address
Tel No.
Fax No.
INVOICE
Buyer TIN
Buyer Reg No
Buyer SST ID
Buyer Email
E-INVOICE
IRBM Unique No
Invoice No.
Date
SalesOrderNo
Salesman
User ID
Branch Code
Agreement No
Item
Description
Amount(RM)
Tax
Ind
1
Model
Vehicle No.
Engine No.
Chassis No.
Colour
Sales Type
Finance Code
Loan Amount
Downpayment
Period Finance
Vehicle Sales Price
1 YEAR Road Tax
Insurance Motor (Sum Insured - )
Insurance PA (Sum Insured - )
Registration/Transfer Fee
Ownership Claims
Micellaneous And Others
Total Price
Cents Rounding
Final Nett Total Price
Insurance Company
Cover Note No.
Vehicle Register Date
Insurance Expiry Date
Roadtax Expiry Date
Item
Package Items And Add On Accessories Detail
Quantity
Nett Amount
Package Y/N
For Direct Bank In:
RM : TOTAL :
Remark :
Authorised Signature,
Customer Signature,
- Goods will remain our property until full payment for them has been received.
- Interest 1.5% per month will be charged on all overdue accounts.
- Cheques should be crossed and made payable to
- For direct bank in, please do bank in to this account no :
- In the event of any discrepancies, please revert within 7 days from the date of this invoice, failing which it shall be deemed to be accepted as correct.
- Goods sold are not returnable & refund shall not be entertained.
Digital Signature
Date and Time of Validation
This document is a visual presentation of the e-invoice
Sold To
Account No
Name
Address
Tel No.
Fax No.
DELIVERY ORDER
Delivery Order No.
Date
Term
Salesman
Item
Model
New /
Used
Used
Vehicle No.
Engine No.
Chassis No.
Colour
Qty
1
1
Authorised Signature,
Received By,
PROMOTIONAL VOUCHER REDEMPTION AGREEMENT
Reference No.: Hire-Purchase Agreement No.:
THIS AGREEMENT is made on the day of
BETWEEN
, a company incorporated in Malaysia with its place of business at ("the Company");
AND
(NRIC No. ) of ("the Hirer").
WHEREAS:
- (A)By a Hire-Purchase Agreement No. dated ("the HP Agreement"), the Company as Owner has let on hire to the Hirer the motor vehicle , Registration No. , Chassis No. , upon the terms set out in the HP Agreement, including .
- (B)The Company is conducting a marketing campaign known as the Promotion ("the Promotion"), under which the Company, at its own cost and as a marketing subsidy, issues monthly promotional vouchers to eligible hirers.
- (C)The parties wish to record the terms on which the vouchers are issued to and redeemed by the Hirer.
NOW IT IS AGREED as follows:
- Definitions. In this Agreement, "Due Date" means the date on which an instalment falls due under the HP Agreement; "Voucher" means a Monthly Promotional Voucher issued under Clause 2; and "Hirer's Portion" means RM , being the part of each instalment covered by the Promotion that is to be paid by the Hirer. Words defined in the HP Agreement have the same meaning in this Agreement.
- Issue of Vouchers. The Company agrees to issue Monthly Promotional Vouchers to the Hirer, each with a face value of RM (total face value RM ), numbered as set out in the Schedule, as part of the Promotion.
- Redemption.
- 3.1The Hirer may redeem one (1) Voucher each month, only against Instalments No. 1 to of the HP Agreement, in the order set out in the Schedule.
- 3.2A Voucher is redeemed when the Hirer pays the Hirer's Portion of RM in cleared funds on or before the Due Date of the corresponding instalment. The Company shall then apply the face value of that Voucher towards the same instalment, so that the instalment is treated as paid in full, and shall issue an official receipt showing the Hirer's payment and the Voucher applied.
- 3.3Vouchers may only be applied towards instalments under the HP Agreement. They cannot be applied towards late payment charges, insurance, road tax or any other sum.
- Separate Marketing Subsidy.
- 4.1The Promotion is a separate marketing subsidy granted by the Company at its own cost. It does not alter, vary or diminish the cash price, terms charges, instalments or any other term of the HP Agreement, and the Hirer remains liable to ensure full payment of each monthly instalment stipulated in the HP Agreement.
- 4.2Where a Voucher is not redeemed in accordance with Clause 3, the full instalment for that month remains payable by the Hirer under the HP Agreement.
Page 1 of 2
- Lapse and Revocation of Vouchers.
- 5.1If the Hirer's Portion for any month is not paid in full on or before its Due Date, the Voucher for that month shall lapse automatically and cannot be redeemed afterwards. The lapse of one Voucher does not affect the other Vouchers, save as provided in Clauses 5.2 and 5.3.
- 5.2The Company may, by written notice to the Hirer, revoke all Vouchers not yet redeemed if: (a) any instalment under the HP Agreement remains unpaid for more than fourteen (14) days after its Due Date; (b) the HP Agreement is terminated, or the vehicle is repossessed, or the Hirer commits any other breach of the HP Agreement; or (c) any information given by the Hirer in connection with the HP Agreement is found to be untrue.
- 5.3All Vouchers not yet redeemed lapse automatically if the HP Agreement is settled early, assigned or transferred, or comes to an end for any reason.
- 5.4The lapse or revocation of any Voucher shall not give rise to any claim against the Company. The Hirer's rights under the HP Agreement and the Hire-Purchase Act 1967, including any statutory rebate on early settlement, are not affected.
- Nature of Vouchers. The Vouchers are personal to the Hirer and are not transferable. They have no cash value, cannot be exchanged for cash or refunded, and cannot be combined with any other promotion unless the Company agrees in writing.
- Records. Each redemption shall be shown on the official receipt issued for that month. The Company's records of Vouchers issued, redeemed, lapsed and revoked shall, in the absence of manifest error, be evidence of the matters recorded.
- HP Agreement Prevails. Nothing in this Agreement shall limit any right of the Hirer under the Hire-Purchase Act 1967. If any provision of this Agreement is inconsistent with the HP Agreement, the HP Agreement shall prevail.
- General. This Agreement is governed by the laws of Malaysia. It sets out the entire agreement between the parties on the Promotion and may only be varied in writing signed by both parties. Notices under this Agreement may be given in the manner provided in the HP Agreement.
SCHEDULE: MONTHLY PROMOTIONAL VOUCHERS
| Voucher No. | Instalment No. | Due Date | Instalment (RM) | Voucher (RM) | Hirer's Portion (RM) |
|---|---|---|---|---|---|
| TOTAL | |||||
Each Voucher is valid only for the instalment shown against it and only if the Hirer's Portion is paid on or before that Due Date.
Signed for and on behalf of the Company
Name:
Designation:
Company stamp
Signed by the Hirer
Name:
NRIC No.
In the presence of (Witness)
Name:
NRIC No:
Page 2 of 2
Saleman :Branch :
Agreement No:
DATE :
NAME :
NRIC :
BRAND :
MODEL :
COLOR :
ENGINE NO :
CHASIS NO :
PLATE NO :
TRADE IN PLATE NO :
ADD ON
(BB)INSURANCE ALL RIDER :COVER NOTE NO :
PROMOTION CODE :
FREEGIFT 1 :
ADJUSTED FREEGIFT 1 :
FREEGIFT 2 :
ADJUSTED FREEGIFT 2 :
FREEGIFT 3 :
ADJUSTED FREEGIFT 3 :
FREEGIFT 4 :
ADJUSTED FREEGIFT 4 :
Page 1/2
FREEGIFT 5 :
ADJUSTED FREEGIFT 5 :
CASH VOUCHER :
EXTRA SALES SALEMAN :
AUTHORISED SALESMAN
AUTHORISED SUPERVISOR
AUTHORISED CUSTOMER
Page 2/2
AN AGREEMENT made between a company incorporated in Malaysia and having its registered office at (hereinafter called "the Owner" which expression shall where the context so admits include its successors and assigns) of the one part and the Hirer described in Part I of the Schedule hereto (hereinafter called "the Hirer") of the other part.
WHEREBY IT IS AGREED as follows:-
I.LETTING
1.1
The owner will let and the Hirer will take on hire the goods more particularly described in item (i) Part II of the Schedule hereto (hereinafter referred to as "the Goods" which expression shall also include any accessories, replacements, renewals or additions thereto and in the case of a vehicle any body constructed upon the vehicle during the continuance of this Agreement) upon and subject to the terms and conditions contained herein and the provisions of the Act.
1.2
The Hirer hereby acknowledges and confirms that this Agreement had been duly completed prior to the execution hereof by the Hirer and that he has read and understood the contents herein.
II.COMMENCEMENT
2.
The Hiring shall be deemed to have commenced on the date appearing in Item (i) Part IV of the Schedule hereto.
III.DEPOSIT
3.
On signing this Agreement the Hirer shall pay to the Owner the amount of the deposit (which shall become the property of the Owner absolutely) as shown in item (ii) Part III of the Schedule hereto (hereinafter called "the Deposit") in consideration of the option to purchase contained in Clause 14 of this Agreement.
IV.INSTALMENTS AND OTHER PAYMENTS
4.1
The Hirer shall pay to the Owner without previous demand the monthly instalments specified in Part IV of the Schedule hereto (hereinafter called "instalments") such instalments to be paid to the Owner at the Owner's branch address first above written or to such other person or at such other address as the Owner may from time to time by writing appoint. The Hirer's liability to pay the instalments shall continue notwithstanding any defects in the Goods or the breakdown, loss of or damage to the Goods.
Provided Always that the Owner shall be entitled to appropriate first from any payment or payments received from the Hirer any sum or sums due from the Hirer under Clauses 6, 7.2.3, 10 and/or 13.5 herein notwithstanding that any such payment or payments may be made by way of or the Hirer may purport to appropriate them as payment or payments of instalments. The rights given by this Clause shall be without prejudice to any other rights conferred upon the Owner by this Agreement or by the Act in the event of any default by the Hirer in payment of any sum or sums due under Clauses 6, 7.2.3, 10 and/or 13.5 herein.
4.2
All payments under this Agreement shall be in Malaysian Ringgit, free of exchange and bank commission. Should the Hirer make any payment of any sums payable under this Agreement to the Owner by post, such payments shall be at the risk of the Hirer. The date of receipt of such payments shall be the actual date of receipt by the Owner or by the person appointed by the Owner to receive payments on behalf of the Owner.
4.3
Payment by cheque of any sums payable under this Agreement shall only be credited to the Hirer after clearance of such cheques by the Owner's bankers.
V.EXCLUSIONS OF CONDITIONS AND WARRANTIES
5.1
All conditions and warranties as to quality, fitness and suitability are expressly negatived where the Goods are second hand and are described as such in Part II of the Schedule hereto and THE HIRER HEREBY ACKNOWLEDGES THAT THIS STATEMENT WAS BROUGHT TO HIS NOTICE BEFORE THE EXECUTION HEREOF.
5.2
Where the Goods are new and are described as such in Part II of the Schedule hereto, the Hirer hereby confirms that he has examined the Goods prior to the date hereof and as regards defects which such examination ought to have revealed the Goods are of merchantable quality. The Owner gives no warranty whatsoever in respect of the Goods as to description, fitness, roadworthiness (in the case of motor vehicle), repair or otherwise nor shall the Owner be responsible for any delay in delivery.
5.3
The Hirer hereby confirms that he has NOT expressly or by implication made known to the Owner or any dealer or to any servant or agents of the Owner or the dealer any particular purpose for which the Goods are required.
VI.COVENANTS BY HIRER
6.1
The Hirer shall for the duration of this agreement:-
6.1.1
at his own cost and expense keep the Goods in good order repair and condition to the satisfaction of the Owner and shall indemnify the Owner against all loss, damage, claims and expense arising out of any damage to the Goods however caused. In the event of the Goods suffering any damage the Hirer shall forthwith and before incurring any expense in connection with the repair thereof notify the Owner who shall be entitled to repair the Goods or have the same repaired by a person selected by the Owner and in either case at the expense of the Hirer. The Hirer shall on demand reimburse the Owner any expenses or charges incurred by the Owner for and in connection with the repair of the Goods Provided Always that the Hirer shall be prohibited from creating any lien or pledging the Owner's credit for the repair of the Goods or for any other purpose 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 with the Owner's consent;
6.1.2
punctually pay all licence fees, taxes, registration fees and all other charges payable in respect of the Goods and its use failing which the Owner shall be at liberty, but shall not be bound, to make such payments and if such payments shall be made by the Owner the Hirer shall repay the same to the Owner on demand;
6.1.3
to comply with and conform to all statutes, rules and regulations and instructions of the relevant authorities in connection with the Goods or the use thereof and to indemnify the Owner against any claims and costs whatsoever arising out of the use, operation or keeping of the Goods or in any manner relating thereto;
6.1.4
obtain all necessary licences, permits and permissions for the use of the Goods and not to use the Goods or permit the same to be used contrary to law or any regulation or by law for the time being in force;
6.1.5
shall inform the Owner immediately if the Goods are the subject matter of any litigation, legal proceedings, seizure, forfeiture, legal execution, distraint or lien by any person and shall bear all costs and expenses (including legal costs on a solicitor and client basis) to have the Goods released therefrom;
6.1.6
keep the Goods in his own possession and not conceal the Goods or alter them or any identifying number or mark thereon;
6.1.7
notify the Owner immediately in writing of any change in the Hirer's address and not to remove the Goods out of the state in Malaysia wherein is located the Hirer's address given in this Agreement without the Owner's previous consent in writing; and
6.1.8
on request by the Owner, produce the Goods for inspection and test by the Owner, its agent or servant.
6.2
In addition, if the Goods are a motor vehicle the Hirer shall NOT:-
6.2.1
change the registration centre of the vehicle without the previous consent in writing of the Owner;
6.2.2
allow any person to drive the vehicle except any person permitted to drive under the terms of any policy of insurance for the time being in force as required by Clause 7 of this Agreement;
6.2.3
drive the vehicle out of, or allow the vehicle to leave -
(a)
the territory of Peninsular Malaysia, if the Hirer's address is within Peninsular Malaysia.
(b)
the territory of Sarawak if the Hirer's address is within Sarawak, and
(c)
the territory of Sabah if the Hirer's address is within Sabah;
6.2.4
use or permit the vehicle to be used except where such use is covered by any policy of insurance referred to in Clause 7 hereof;
6.2.5
use or permit the vehicle to be used contrary to law or in any manner which may cause or result in the vehicle being seized, confiscated or forfeited. In the event of such use the hiring hereunder shall automatically terminate and the Hirer shall no longer be in lawful possession of the vehicle with the Owner's consent; or
6.2.6
cause or allow the Owner's endorsement of ownership on the registration card for the vehicle to be cancelled.
6.3
In addition, where the Goods are consumer goods within the meaning of the Act:-
6.3.1
punctually pay all rents and other outgoings payable in respect of the premises where the Goods may for the time being be kept, in default of which the hiring hereunder shall automatically terminate and the Hirer shall no longer be in lawful possession of the Goods with the Owner's consent;
6.3.2
shall produce to the Owner on demand the latest receipts in respect of all rent and other outgoings paid in respect of such premises where the Goods are kept;
6.3.3
at the Owner's request shall produce a written acknowledgement from the Landlord of such premises that the Goods are the property of the Owner and that the Landlord agrees not to treat the Goods as a fixture or fitting forming a part of such immovable property; and
6.3.4
shall take or cause to be taken all such steps as are necessary to prevent title to the Goods from passing to the Landlord or any person.
VII.INSURANCE
7.1
Where the Goods are not a motor vehicle, the Owner will, at the expense of the Hirer and for the duration of this Agreement, cause the Goods to be insured in the Hirer's name to the full replacement value thereof against fire, accident and theft and such other risks as the Owner may from time to time require with such insurance company acceptable to the Owner under an all risk policy in the name of the Hirer bearing an endorsement recording the Owner's interest in the Goods and subject to such terms and conditions as the Owner would require if the Owner were arranging the insurance and in particular a provision that any monies payable to the Hirer under the policy shall be paid to the Owner. All amounts payable in respect of such insurance shall form part of the Hire Purchase Price.
7.2
Where the Goods are a motor vehicle:-
7.2.1
in respect of the first twelve (12) months of the hiring period, the Owner will, at the expense of the Hirer, cause the vehicle to be insured in the Hirer's name to the full replacement value thereof against fire, accident and theft and such other risks as the Owner may from time to time require with such insurance company acceptable to the Owner under a comprehensive policy in the name of the Hirer bearing an endorsement recording the Owner's interest in the vehicle and subject to such terms and conditions as the Owner would require if the Owner were arranging the insurance and in particular a provision that any monies payable to the Hirer under the policy shall be paid to the Owner. All amounts payable in respect of such insurance shall form part of the Hire Purchase Price;
7.2.2
in respect of the hiring period immediately following the first twelve (12) months, the Hirer shall, at his expense, cause the vehicle to be insured in the Hirer's name to the full replacement value thereof against fire, accident and theft and such other risks as the Owner may from time to time require with such insurance company acceptable to the Owner under a comprehensive policy in the name of the Hirer bearing an endorsement recording the Owner's interest in the vehicle and subject to such terms and conditions as the Owner would require if the Owner were arranging the insurance and in particular a provision that any monies payable to the Hirer under the policy shall be paid to the Owner;
7.2.3
if the Hirer shall default in his obligations under Clause 7.2.2 hereof, the Owner shall be at liberty, but shall not be bound, to cause the vehicle to be insured and any costs thereof incurred by the Owner shall be borne by the Hirer and shall be payable on demand and the Owner may at its absolute discretion debit such cost to the account of the Hirer;
7.2.4
the Hirer shall not change the insurers for the vehicle under Clause 7.2.2 hereof without the prior written consent of the Owner, and
7.2.5
the Hirer shall, not less than fourteen (14) days before the date of expiry of a policy arranged by the Hirer under Clause 7.2.2, inform the Owner that he has renewed such policy or that he has caused a fresh policy of insurance which complies with the requirements of Clauses 7.2.2 hereof to be issued by another insurance company acceptable to the Owner.
7.3
The Hirer hereby irrevocably appoints the Owner his agent to compromise and/or recover in the Hirer's or the Owner's name any claim for loss or damage under all insurance policies in respect of the Goods and to receive all monies payable thereunder and to give to the insurers a good receipt and discharge for the same.
7.4
All insurance policies in respect of the Goods together with receipts for premia payable thereunder shall during the currency of this Agreement be delivered into the Owner's custody if the Owner so requires.
7.5
Any insurance moneys received in respect of the Goods shall first be applied in paying to the Owner the unpaid balance of the Hire Purchase Price less statutory rebate (if any) and any other sums payable by the Hirer under this Agreement and then in paying any surplus to the Hirer. If after payment of the said insurance monies to the Owner any part of the Hire Purchase Price or any other sums payable by the Hirer under this Agreement shall remain unpaid the same shall forthwith become payable by the Hirer.
7.6
The Hirer shall not do or omit to do or permit or suffer to be done or omit to be done any act or thing which may invalidate or prejudice any insurance cover the Goods or which may entitle the insurers to repudiate liability.
VIII.PROHIBITION OF DEALINGS WITH GOODS
8.
The Hirer shall NOT:-
8.1.1
sell, transfer, dispose of or encumber the Goods or any right, title or interest therein or sub-let or part with possession of the Goods or attempt, purport or agree so to do and the Hirer shall also not use or suffer the Goods to be used contrary to law or in any manner by reason of which the Goods may become liable to seizure, confiscation or forfeiture and in the event of any breach of this sub-clause by the Hirer, the hiring hereunder shall automatically terminate and the Hirer shall no longer be in lawful possession of the Goods with the Owner's consent and the Owner shall be entitled (but shall not be bound) without prejudice to any other rights and remedies under this Agreement, to pay to any third party such sum as is necessary to procure the release of the Goods from any encumbrance and shall be entitled to recover such sum from the Hirer forthwith;
8.1.2
assign his rights, title and interest under this Agreement without the previous consent in writing of the Owner; or
8.1.3
sell, charge, mortgage, sub-let or otherwise dispose of any land or building on or in which the Goods are kept, or attempt or purport or agree to do so without giving to the Owner at least one (1) month's prior notice in writing and the Hirer shall in any event procure that such sale, mortgage, charge, sub-lease or other disposition as the case may be does not include the Goods and is made subject to the Owner's right to repossess the Goods at any time (whether or not the same or any part thereof shall have become affixed to the said land or building) and for that purpose to enter upon such land or building and sever the Goods therefrom.
IX.LOSS OF AND DAMAGE TO GOODS
9.
The Hirer shall indemnify the Owner against loss of or damage to the Goods or any part thereof from any cause or by any means whatsoever including seizure, confiscation or forfeiture. It is hereby agreed that the Owner's loss shall, for the purpose of this Clause, be a sum equivalent to the aggregate of (i) balance originally due under this Agreement (ii) late charges, if any (iii) any other sums payable by the Hirer under this Agreement LESS the aggregate of (i) any amounts (other than the Deposit) paid by or on behalf of the Hirer under this Agreement (ii) statutory rebate for terms charges, if any, and (iii) statutory rebate for insurance, if any, as if the Hirer had elected to exercise his right of early completion of this Agreement under Section 14 of the Act and such early completion had taken place on the date of the loss or destruction without the Owner taking possession of the Goods or the Hirer returning the Goods to the Owner as contemplated by Sections 14.3 (b) and 14.3 (c) respectively.
X.LATE CHARGES
10.
The Hirer shall pay to the Owner interest at the rate of eight per centum (8%) per annum (or at such other rate of interest as may be prescribed from time to time by the Act) simple interest calculated on a daily basis on any monies payable under this Agreement which may from time to time be overdue from the Hirer.
XI.EARLY COMPLETION BY HIRER
11.1
The Hirer may at any time during the continuance of this Agreement and before the due date for payment of the last instalment, on giving fourteen (14) days notice in writing of his intention to do so, complete the purchase of the Goods on or before the day specified for that purpose in the notice, by paying to the Owner a sum equivalent to the aggregate of (i) the balance originally due under this Agreement (ii) late charges, if any, (iii) any other sums payable by the Hirer under this Agreement LESS the aggregate of (i) any amounts (other than the Deposit) paid or provided by or on behalf of the Hirer under this Agreement (ii) statutory rebate for terms charges, if any, (iii) if any policy of insurance in respect of the Goods is cancelled, statutory rebate for insurance, if any.
11.2
The rights set out in Clause 11.1 may also be exercised by the Hirer:-
11.2.1
in the circumstances set out in Section 14(3)(b) and by paying within twenty-one (21) days after the Owner has served a notice in the form of the Fifth Schedule to the Act, a sum calculated in accordance with Clause 11.1 together with (i) all costs and expenses incurred by the Owner in taking possession of the Goods (including legal costs of the Owner on a solicitor and client basis) in tracing and/or endeavouring to take possession of the Goods or in attempting to recover payment of any sums payable by the Hirer to the Owner under this Agreement (ii) all storage, repair and maintenance charges incurred by the Owner in respect of the Goods; and
11.2.2
in the circumstances set out in Section 14(3)(c) where the Hirer has returned the Goods to the Owner, by paying to the Owner the sum calculated in accordance with Clause 11.1 within twenty-one (21) days after the Owner has served a notice in the form of the Fourth Schedule to the Act.
XII.TERMINATION BY HIRER
12.1
The Hirer may at any time terminate this Agreement by returning the Goods to the Owner in accordance with Section 15(1), (2) or (3) of the Act and by paying to the Owner the balance outstanding under this Agreement, subject however to the provisions of Clause 12.3.
12.2
If this Agreement is determined pursuant to Clause 12.1 hereof, the Hirer, may, in lieu of paying to the Owner the balance outstanding under this Agreement and subject to the provisions of Clause 12.3, require the Owner to sell the Goods to any person introduced by the Hirer who is prepared to buy the Goods for cash payable immediately, at a price acceptable to the Owner.
12.3
Upon the Goods being returned under the Clause 12.1 hereof;-
12.3.1
if the value of the Goods at time of their return to the Owner is more than the balance outstanding under this Agreement, the Hirer is entitled to the difference which is recoverable as a debt due;
12.3.2
if the value of the Goods at the time of their return to the Owner is less than the balance outstanding under this Agreement, the Owner shall be entitled to the difference which is recoverable as a debt due.
12.4
For purposes of this Clause;-
12.4.1
"balance outstanding under this Agreement" means the aggregate of (i) the balance originally payable under this Agreement (ii) late charges on overdue instalments and (iii) other sums payable by the Hirer under this Agreement LESS (i) the amounts paid by or on behalf of the Hirer under this Agreement (excluding the Deposit) (ii) Statutory rebate for terms charges, and (iii) if any policy of insurance in respect of the Goods is cancelled, statutory rebate for insurance, if any:
12.4.2
"value of the Goods at the time of their return to the Owner" means (i) the best price that could reasonably be obtained by the Owner, or (ii) if the Hirer had introduced a person who bought the Goods for cash pursuant to Clause 12.2 hereof, the amount paid by such person.
XIII.TERMINATION BY OWNER
13.1
Subject to the Owner complying with the provisions of the Act in the case of any breach of the provisions of this Agreement relating to the payment of instalments, if the Hirer shall default in payment of any other sum due under this Agreement or if the Hirer shall fail to observe or perform any of the other terms and conditions of this Agreement or any cheque given by the Hirer as or as part of the Deposit is dishonoured or any Goods sold by the Hirer as or as part of the said Deposit to the Owner or the dealer are found not to be the Hirer's absolute unencumbered property or execution or distress is levied against the Hirer or his assets or property, or if the Hirer being a company, a receiver and/or manager is appointed over any part of the Hirer's assets or property, then and in any of the said events the Owner shall be entitled to immediate possession of the Goods and subject to the Owner complying with the provisions of the Act in the case of any breach of the provisions of this Agreement relating to the payment of instalments, the Owner may:-
13.1.1
immediately terminate the hiring without notice and resume possession of the Goods and for this purpose to enter upon any premises where the Goods may be found and thereafter if the Owner has taken possession of the Goods under Section 16 of the Act, Sections 16A to 19 of the Act shall apply:
OR
OR
13.1.2
by written notice sent by post or left at the Hirer's address stated in this Agreement or at the Hirer's last known address forthwith determine and end this Agreement and the hiring thereby constituted and thereupon the Hirer shall no longer be in possession of the Goods with the Owner's consent and the Hirer shall deliver up possession of the Goods forthwith to the Owner at the address specified in the said notice.
13.2
In the event that this Agreement is terminated under Sub-Clause 13.1.1 and the Owner resumes possession of the Goods, subject to the Owner complying with the provisions of Sections 16, 16A, 17, 18 and 19 of the Act, the Owner shall be entitled to recover from the Hirer the net amount outstanding under this Agreement and if the Goods are subsequently sold by the Owner, the Hirer shall be entitled to the value of the Goods at the time of the Owner taking possession thereof.
13.3
In the event that this Agreement is terminated under Sub-Clause 13.1.2, the Owner shall be entitled to recover from the Hirer the net amount outstanding under this Agreement and possession of the Goods Provided That if the Owner takes possession of the Goods subsequently the Hirer shall be entitled to the value of the Goods at the time of the Owner taking possession thereof.
13.4
If the Owner shall for any reason whatsoever be unable or unwilling to take possession of the Goods upon the occurrence of any of the events set out in Clause 13.1, the Owner shall be entitled at its option, in lieu of resuming possession of the Goods to recover on demand from the Hirer the net amount outstanding under this Agreement. Upon the Owner taking possession of the Goods however, the Owner shall be entitled to sell the Goods by private treaty or by public auction Provided That the Owner shall comply with the provisions of Section 18 (4) of the Act.
13.5
If the Owner, upon the occurrence of any of the event set out in Clause 13.1, shall have taken steps for the resumption of possession of the Goods and shall in consequence have incurred costs and expenses including legal costs on a solicitor and client basis, the Hirer shall forthwith repay to the Owner all such costs and expenses. Subject to the Owner having complied with the provisions of the Act in the case of any breach of the provisions of this Agreement relating to the payment of instalments, the payment of such costs and expenses by the Hirer shall be a condition precedent to any reinstatement of this Agreement and in default of payment thereof prior to reinstatement of this Agreement the Owner shall be entitled to resume possession by reason of such non-payment notwithstanding any tender by the Hirer of arrears of instalments and interest on overdue instalments.
13.6
At the expiration or on the earlier determination of the hiring (unless the Goods have become the property of the Hirer hereunder) the Hirer shall forthwith deliver up the Goods to the Owner at the branch address shown in this Agreement or at any other address advised in writing by the Owner to the Hirer, in a good state of repair and shall also, if the Goods are a motor vehicle, return the vehicle in a roadworthy condition and surrender to the Owner the registration book of the vehicle and execute and deliver to the Owner any documents necessary to have the name of the Hirer removed from the register of motor vehicles and the registration book and the name of the Owner or any person nominated by the Owner entered therein.
13.7
For purposes of this Clause:-
13.7.1
"net amount outstanding under this Agreement" means the aggregate of (i) the Hire Purchase Price (ii) late charges (iii) other sums payable by the Hirer to the Owner under this Agreement (iv) all costs and expenses incurred by the Owner in taking possession of the Goods (including legal costs of the Owner on a solicitor and client basis) in tracing and/or endeavouring to take possession of the Goods or in attempting to recover payment of any sums payable by the Hirer to the Owner under this Agreement (v) where the Owner resumes possession of the Goods, all storage, repair and maintenance charges incurred in respect of the Goods and (vi) all costs and expenses of selling or otherwise disposing of the Goods and (iv) all costs and expenses of selling or otherwise disposing of the Goods (whether or not the Goods have subsequently been sold) LESS the aggregate of (i) the amount paid by or on behalf of the Hirer under this Agreement whether by cash or other consideration (ii) statutory rebate for terms charges, if any, and (iii) if any policy of insurance in respect of the Goods is cancelled, statutory rebate for insurance, if any;
13.7.2
"value of the Goods at the time of the Owner taking possession thereof" means the Owner's estimate of the value of the Goods at the time of their repossession and in the event that the Goods are subsequently sold, the best price that could be reasonably obtained by the Owner at the time of their sale, or if the Hirer has introduced a person who has bought the Goods for cash, the amount paid by that person.
XIV.OPTION TO PURCHASE
14.
This Agreement shall not be nor be construed to be a purchase or an agreement for the purchase of the Goods by the Hirer but if the Hirer shall duly perform and observe all the stipulations and conditions in this Agreement on his part to be performed and observed and shall in the manner set out in this Agreement pay to the Owner all sums of money payable to the Owner by the Hirer hereunder the Hirer shall have an option of purchasing the Goods and upon exercising such option of purchasing the Goods the hiring shall come to an end and the Goods shall become the property of the Hirer and the Owner will assign and make over all the Owner's right benefit and interest in the Goods to the Hirer but until all such payments as aforesaid have been made and the said stipulations and conditions have been performed and the option has been exercised the Goods shall remain the absolute property of the Owner and the Hirer shall not have any right or interest in the Goods other than that of a bailee.
XV.SEVERAL HIRERS
15.
Where the expression "the Hirer" used herein comprises two or more persons then each and every person shall be severally as well as jointly liable to the Owner for the due performance and observance of all provisions terms and conditions of this Agreement and every part thereof.
XVI.EFFECT OF WAIVER OR INDULGENCES
16.
No waiver by the Owner of any breach by the Hirer of any of his obligations under this Agreement shall operate as a waiver or notice of or consent to any subsequent breach. No time or other indulgence granted by the Owner shall affect its strict rights under this Agreement.
XVII.ARTICLES LEFT IN GOODS
17.
The Owner shall not be responsible for any property or articles alleged by the Hirer to have been left in repossessed or returned Goods. In the events of any such property or articles being found in repossessed or returned Goods, unless they are collected by the Hirer within one (1) month of the Owner giving to the Hirer written notice of the Owner's intention to sell such property or articles, the Owner may sell such property or articles after the expiration of the said period of one (1) month and the net proceeds of sale shall be credited to the Hirer's account. Should the Owner be unable to sell the said property or articles they may be disposed of by the Owner as it deems fit or they may be destroyed. The Hirer shall indemnify the Owner against any claims by any third party to any articles so sold disposed of or destroyed in which such third party has or claims an interest.
XVIII.SERVICE OF NOTICES
18.1
Any account, demand notice or other document required or authorised to be given by either of the parties hereto to the other under the Act shall be given in the manner prescribed by the Act.
18.2
Any other account, demand notice or document required or authorised to be given by the Owner to the Hirer under this Agreement as well as any Writ of Summons or other originating process against the Hirer shall be deemed to have been given if served on the Hirer personally or sent to him by prepaid ordinary mail accompanied by a Certificate of Posting or left at the address stated in this Agreement or at his usual or last known business or private address. Any such account, demand, notice, Writ of Summons or originating process sent by post shall be conclusively deemed to have been received by the Hirer within seventy-two (72) hours after the date of such posting despite any evidence to the contrary.
XIX.WHEN INSTRUMENT BINDING ON OWNER
19.
This instrument shall not be binding upon the Owner until the Owner has executed:
its Consent in the form of Part II of the Second Schedule to the Act as well as this Agreement where negotiations leading to the making of this Agreement were made by the dealer with the Hirer,
or
this Agreement, where negotiations leading to the making of this Agreement were made directly by the Owner with the Hirer
its Consent in the form of Part II of the Second Schedule to the Act as well as this Agreement where negotiations leading to the making of this Agreement were made by the dealer with the Hirer,
or
this Agreement, where negotiations leading to the making of this Agreement were made directly by the Owner with the Hirer
and the provisions of this Clause shall not be affected or prejudiced by reason of any payment of money by the Hirer or the delivery of the Goods to the Hirer and such delivery shall, pending execution of the said consent and this instrument, by the Owner be deemed merely as conditional.
XX.PLACE OF CONTRACT
20.
This Agreement shall be deemed to have been made in the State in which the Owner's branch address as stated in the Agreement is located and any proceedings in respect of any cause of action arising hereunder shall be instituted, heard and determined in a court of competent jurisdiction in the said State and it is agreed that such Court shall possess territorial jurisdiction to hear and determine any such proceedings and the Hirer hereby irrevocably submits to the jurisdiction of such Court.
XXI.REFERENCES
21.1
In this Agreement, unless the context otherwise requires, the following expressions shall have the following meanings:-
(i)
"Act" means the Hire Purchase Act 1967 (Revised - 1978) as amended by the Hire Purchase (Amendment) Act 1992 and includes all amendments thereto and re-enactments thereof;
(ii)
"BAFIA" means Banking & Financial Institutions Act, 1989 and includes all amendments thereto and re-enactments thereof;
(iii)
"balance originally payable under this Agreement" means the aggregate of (i) the cash price of the Goods (less the Deposit) (ii) freight charges, if any (iii) vehicle registration fees, if any (iv) insurance premium, and (v) terms charges;
(iv)
"Hire Purchase Price" or "total amount payable under this Agreement" means the total sum originally payable by the Hirer for the hire of the Goods and to complete the purchase of the Goods, such sum being the aggregate of (i) the cash price of the Goods (ii) freight charges, if any (iii) vehicle registration fees, if any (iv) insurance premium and (v) terms charges;
(v)
"insurance premium" in respect of the Goods which are motor vehicles, means the premium for insurance of the Goods described in Clause 7 hereof payable for the first twelve (12) months of this Agreement and in respect of other Goods set out in the First Schedule to the Act, means the premium for insurance of such Goods for the duration of this Agreement;
(vi)
"late charges" means interest on overdue payments as provided in Clause 10;
(vii)
"Ringgit" or "$" means the legal currency of Malaysia;
(viii)
Words importing the singular number include the plural number and vice versa;
(ix)
Words importing the masculine gender include the feminine and neuter genders.
21.2
All words and expressions used herein, unless expressly defined herein, have the same meanings ascribed to them in the Act.
21.3
All references to Clauses are to clauses in this Agreement and all references to Sections shall be to sections in the Act, unless otherwise stated.
XXII.EFFECT OF HEADINGS
22.
The headings of the Clauses of this Agreement are for convenience of reference only and do not form a part of this Agreement and shall not affect the interpretation thereof.
XXIII.SCHEDULE
23.
The Schedule hereto shall form an integral part of this Agreement.
XXIV.TIME TO BE OF THE ESSENCE
24.
Time wherever mentioned in this Agreement shall be the essence of this Agreement.
XXV.BANKING AND FINANCIAL INSTITUTIONS ACT, 1989 ("BAFIA")
25.1
The Hirer hereby represents and warrants to the Owner that none of the Hirer's director, manager, agents or guarantors nor any of their respective spouses, parents or children are in the employment of the Owner or any of the Owner's subsidiary companies so as to result in the entering of this Agreement contravening Section 62 of the Banking and Financial Institutions Act 1989 and the Hirer hereby undertakes to inform the Owner immediately such employment is entered into or is intended. The Owner reserves the right to terminate this Agreement under Clause 13.1.2 hereof if the said Section 62 shall be breached at any time.
25.2
The Hirer hereby expressly authorises the Owner, to give, produce, divulge, reveal, publish or otherwise disclose, or make a record of, the Hirer's personal and financial particulars as well as particulars of the Hirer's hire purchase account with the Owner, to any company related to the Owner within the meaning of the Companies Act 1965, or to any credit bureau or agency approved by the Association of Finance Companies of Malaysia or the Central Credit Bureau of Bank Negara Malaysia or any other authority or body (governmental or otherwise) as the Owner may be required to under any applicable law, regulations, directives or guidelines (whether having the force of law or otherwise), as well as to any party whom the Owner in the Owner's sole judgement considers is making enquiries with a bona fide view to entering into a prospective transaction with the Hirer.
Sales
| Application No. | Applied on | Customer | Vehicle | Financing (RM) | Facility | HP agreement |
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Sales record
Customers
| Customer | Mobile | Employer | Sales | HP accounts | Outstanding (RM) | Last activity |
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Customer
| Application No. | Applied on | Vehicle | Financing (RM) | Facility | HP agreement |
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| Agreement | Vehicle | Monthly | Outstanding | Status |
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HP Accounts
| Customer | Monthly | Progress | Outstanding | Status | Next due |
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Account
Each instalment, its due date and what has been paid against it. Click a receipt number to view or reprint it.
| No. | Due date | Amount | Paid | Balance | Paid on | Receipt | Status |
|---|
| Receipt No. | Payment date | Type | Paid by | Amount | Late charges | Status |
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All documents come from this agreement. Edit the details once and every document updates.
Statement of account
STATEMENT OF ACCOUNT
Date :
| Date | Receipt No. | Particulars | Late charges | Amount paid | HP balance |
|---|
Please check this statement and notify us within 14 days of any discrepancy. Late payment is charged at 8% per annum under Clause 10 of the Hire Purchase Agreement. This is a computer generated statement. No signature is required.
EARLY SETTLEMENT QUOTATION
Date :
You may complete the purchase of the goods before the due date of the last instalment under Section 14 of the Hire Purchase Act 1967 and Clause 11 of the agreement. The amount required to settle the agreement in full on is:
| Particulars | RM |
|---|
Notes
1. The statutory rebate uses n = instalments not yet due on the settlement date and N = total instalments, as provided under the Hire Purchase Act 1967.
2. This quotation is valid only for settlement on . The amount changes with the settlement date, further payments and late charges.
3. Under Clause 11.1, the hirer gives 14 days' notice in writing of the intention to complete the purchase.
4. Payment by cheque is credited only upon clearance.
1. The statutory rebate uses n = instalments not yet due on the settlement date and N = total instalments, as provided under the Hire Purchase Act 1967.
2. This quotation is valid only for settlement on . The amount changes with the settlement date, further payments and late charges.
3. Under Clause 11.1, the hirer gives 14 days' notice in writing of the intention to complete the purchase.
4. Payment by cheque is credited only upon clearance.
Authorised Signature
Add a follow-up
History
Payments
| Receipt No. | Date | Received from | For | Paid by | Amount (RM) | Status |
|---|
Promotions
Staff pick a campaign on the agreement (step 3). The voucher value is worked out from each agreement's instalment. Turning a campaign off only hides it from new agreements; agreements already signed keep their details.
Voucher register
| Voucher No. | Agreement | Hirer | Campaign | Instalment | Due date | Value (RM) | Status | Receipt | Redeemed on |
|---|
Every voucher gets its own running number when the agreement is saved. It is marked redeemed when the receipt is issued, lapses if the hirer's portion isn't paid by the due date, and is revoked if you revoke the account's vouchers. Cancelling the receipt puts the voucher back to unused.
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OwnerCompany details printed on every agreement
Logo shown at the top of the sidebar
LetterheadLogos printed on the agreement
One logo on the left, up to four on the right (printed in a 2 × 2 block)
PaymentsHow HP payments are applied
Clause 4.1 lets the company take late charges first, but does not require it. Paying instalments first keeps arrears, and the 8% interest on them, from growing. Unpaid late charges stay on the account and print on every receipt and statement as "Late charges outstanding". Receipts already issued keep the split printed on them. Full settlements always include late charges.
NumberingRunning number
Numbers look like MPGW/HP/2026/0001 and restart at 0001 every year.
Invoice, delivery order and sales order
Numbers look like IVA012314, with the sales order BKA012314 on the same invoice. They keep counting and never restart. Set the start number to carry on from your current invoice book.
e-InvoiceSupplier details on the invoice
Supplier Reg No prints from the Company No. above.
ExcelAccount names used in the export
Change these to match your chart of accounts. You can include the account code, for example "610 - Sales".
AdminStaff accounts
| Name | User ID | Role | Status | Last login |
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Add a person
They must choose their own password the first time they log in. Passwords are stored scrambled, so nobody, including you, can read them. After 5 wrong tries an account locks for 15 minutes, and Reset password opens it again.