Agreement For Hire-Purchase of VCR[CD1]
This Agreement made at .............. this
.............. day of .............. between M/s ABC & Co. (hereinafter
called "the owner") of the FIRST PART and C son of D resident of
.............. (hereinafter called "the Hirer") of the Second Part
and E son of .............. resident of .............. (hereinafter called
"the Surety") of the Third Part.
It is hereby agreed as follows:
1.
The owner will let on hire to
the hirer from the .............. day until the hiring shall be determined as
hereinafter provided, the VCR No........ make .............. more particularly
described in the Schedule hereunder written (hereinafter called "the VCR").
2.
The owner shall deliver to the
hirer the VCR at his Shop at .......... on the .............. day of
..............
and the hirer shall collect the VCR from
the said place with due diligence.
3.
The hirer shall during the
continuance of the hiring pay to the owner a sum of .............. per month by
way of rent for the hire of the VCR, the first payment to be made on the
execution of these presents and subsequent payment on the .............. day of
every succeeding month.
4.
The hirer during the
continuance of the hiring will-
a.
Not sell, or offer for sale,
assign, mortgage, pledge, underlet, lend or otherwise deal with the VCR or any
interest in it but will keep the VCR in his own possession and will not remove
the same from its present address........................... except with the
previous written permission of the owner;
b.
At his own expense keep the VCR
in good and substantial repair and condition (reasonable wear and tear
excepted) and keep the VCR insured against fire and loss or damage from
whatever cause arising in the sum of Rs............ with an insurance company
in the name of the owner and deliver the policy of such insurance to the owner
and duly and punctually pay premiums for effecting and keeping the policy
alive;
c.
Permit the owner or his servants
or agents at all reasonable times to have access to the VCR and to inspect the
state and condition thereof;
d.
Pay all licence fees, taxes and
other outgoings payable in respect of the VCR or the use thereof or in respect
of any premises in which the VCR may from time to time be placed or kept;
e.
Indemnify the owner against any
loss of or damage to the VCR from whatever cause arising and whether such loss
or damage results from the negligence of the hirer or not.
5.
The hirer may determine the
hiring at any time by returning the VCR to the owner at the hirer's risk and
expense to the owner at his address for the time being and shall thereupon
forthwith pay to the owner all money then payable to him under this agreement
and for any damage caused to the VCR and shall not be entitled to any credit,
allowance, return or set off for payment previously made.
6.
If the hirer shall make default
in punctual payment of any of the sums payable hereunder or if he fails to
observe or perform or shall commit any breach of any stipulation or condition
binding upon hirer hereunder, then the owner may give to the hirer
.............. days notice in writing to determine the hiring and hiring shall
from the expiration of the said notice determine and the owner may retake
possession of the VCR and for that purpose the owner, his servants or agents
may without previous notice enter upon any premises in which the VCR may be
believed to be kept.
7.
If the hirer shall pay to the
owner full sum of Rs............... by payment of Rs............... on the date
of execution of these presents and ............. monthly installments of
Rs............... in advance as aforesaid, and kept and observed the terms and
conditions of these presents, the agreement shall determine and the hirer shall
become the absolute owner of the VCR and the owner will assign and make over
all his rights and interest in the same to the hirer, but until all such
payments as aforesaid have been made, the VCR shall remain the property of the
owner.
8.
No neglect, delay, indulgence
or forbearance on the part of the owner in enforcing any of his rights under
these presents shall prejudice the strict rights of the owner hereunder.
9.
In consideration of the owner
letting the VCR to the hirer at the rent and on terms and conditions
hereinbefore expressed, the surety hereby guarantees the due payment of the
said rents and all other sums of money which may become due and payable by the
hirer to the owner under the terms of this agreement and due performance and
observance of the said agreements and conditions by the hirer and undertakes to
indemnify the owner against all losses, damages or expenses which the owner may
sustain by reason of the neglect of the hirer in observing or performing any of
the foregoing stipulations on his part.
IN WITNESS WHEREOF, the parties
aforementioned have hereunto set their respective hands on the day and year
first above written.
Schedule
Signed and delivered by M/s ABC & Co., the
within named owner by its partners
Signed and delivered by C, the within
named hirer
Signed and delivered by E, the within
named surety
WITNESSES;
1.
2.
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