Question
Hi, I really need help understanding these clauses and whether there is anything wrong with them. These clauses are included in the Hire Purchase agreement
Hi, I really need help understanding these clauses and whether there is anything wrong with them. These clauses are included in the Hire Purchase agreement Tcs. In the scenario, my client wishes to buy the assets of a company and those assets include this contract between the company's supplier. My client wants to know if there anything wrong with these clauses and whether it would them at a disadvantage to accept this contract.
Clause1: Agreement and Option to Purchase
1.1 This Agreement is made on the Contract Date between the Owner and the Customer.
1.2 Title to the Equipment shall remain with the Owner unless and until the Customer exercises their option to purchase the Equipment.
1.3 If the Customer shall at the end of this Agreement have paid the Owner all sums due under this Agreement it may exercise the option to purchase the Equipment by paying to the Owner the Option to Purchase Fee.
1.4 If after paying all sums due under this Agreement the Customer does not wish to purchase the Equipment the Customer shall make available possession of the Equipment to the Owner no later than the due date of the final instalment due under this Agreement.
Clause 2: Delivery of Equipment and Instalments
2.1 The Customer will pay the Deposit, the Initial Payment and the Administration Fee when it signs the Agreement by cash or in such other manner as the Owner shall agree.
2.2 The Customer will pay the Remaining Instalments as set out in the Payment Schedule by direct debit to such account as is specified by the Owner.
2.3 The Customer has chosen the Equipment using its own skill and judgement and will inspect the Equipment on Delivery. If the Equipment is not satisfactory the Customer will notify the Owner in writing within 24 hours of Delivery. If no such notification is received by the Owner the Customer will be deemed to have accepted the Equipment.
Clause 3: Use and Maintenance of Equipment
3.1 The Customer is responsible for any loss or damage to the Equipment whether or not the Customer is at fault. The Customer will keep the Equipment in good condition, fair wear and tear excepted. The Customer will use the Equipment with all due care and only for the purpose for which it was manufactured.
3.2 The Customer will keep the Equipment in its possession and under its control and will not sell, transfer, mortgage, lend, give or allow any possession to be taken of the Equipment. The Customer will not move the Equipment from the Site.
3.3 The Customer will allow the Owner or its duly appointed agent at any time to enter its premises to inspect the Equipment and to repossess the Equipment if this Agreement is terminated pursuant to Clause 5.
Clause 4: Risk and Insurance
4.1 The risk of loss, theft, damage or destruction of the Equipment shall pass to the Customer on Delivery.
4.2 The Customer must at all times throughout the Agreement keep the Equipment comprehensively insured against all risks and for its full replacement value and keep the Owner's interest in the Equipment noted on the policy and notify the Owner of the name and details of its insurance company.
4.3 If the Equipment is stolen or becomes a total loss, the Customer shall instruct the insurers to pay to the Owner all insurance money then due, and the amounts which would become payable on termination set out in Clause 6 will become immediately due and payable by the Customer to the Owner. The Customer will arrange for prompt payment of the insurance money to the Owner.
Any help would be greatly appreciated !
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