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Tháng Hai 22, 2022

Hire Purchase Agreement Indian Law

31. If a dispute arises between the parties arising out of or in connection with the Agreement, whether in the manner in which the interpretation or meaning of any term of this Agreement or in connection with a claim by either party, or otherwise, arbitration by a joint arbitrator shall be referred, if agreed. Otherwise, for two arbitrators, one of whom shall be appointed by each party, and the arbitration shall be governed by the Arbitration Act 1940.1. The Company undertakes to deliver and deliver to the Renter the said machines and equipment described in the list below on Rental, under the conditions set out below, and in accordance with said Contract, the Company has transferred to the Tenant the ownership of said machinery and equipment. And as with hire-purchase, the property is not transferred at first, because the items rented by them are protected by the seller, since full payment has not yet been made. The seller must have the assurance that the item will remain in good condition until full payment is received. It is therefore one of the types of secure transactions. It is not mandatory to register a hire-purchase agreement, because in this case it is not real estate. The hire-purchase agreement is a contract in which the goods are leased and the lessee has the opportunity to purchase the goods in accordance with the terms of the contract. Hire-purchase contracts are often used in the case of the aviation industry and the automotive industry when leasing aircraft and automobiles. 21. If the lessee is declared insolvent or if he permits the installation of such machinery and equipment pursuant to a decree or order of the court or for the recovery of government contributions, or if an insolvency administrator is appointed by the court or a creditor, this agreement on the occurrence of such an event terminates.

20. If the Renter violates any provision of this Agreement or fails to pay two monthly installments of Rental Fees, the Company has the right to terminate this Agreement with one month`s notice, unless in the meantime the breach is corrected and the rental fee is paid where applicable. this contract ends at the end of the notice period. If the contract is terminated as mentioned above, the tenant`s purchase option will expire or expire as mentioned below. A lease is subject to the provisions set out in Chapter IX of the Indian Contracts Act. Various daily purchases of consumer durables such as computers, motor vehicles, household appliances such as televisions, refrigerators, etc. are included. In addition, the purchase of machinery in the industrial sector is covered only by this method. To be called a hire-purchase agreement, the terms of the contract must contain the following: Hire-purchase agreements are the type of contracts in which the owner of property allows a person (the tenant) to rent goods to him for a certain period of time by paying in instalments. Here, the tenant has the opportunity to buy the goods at the end of the contract, if all payments are paid in each case. Most of us find ourselves in the dilemma of whether this is a purchase agreement.

After the research above, we can conclude that the concept of the hire purchase agreement is the best way to rent any item that is usually expensive to afford, and in the end, you can even buy it if you are able to do so. But in fact, it will cost you more because the money from the payout is usually added with interest and pending items. If the tenant (buyer) who wants to buy the goods, but does not have enough money to buy them, borrows the amount from the third party and pays it to the seller, the transaction between the buyer and the lender is treated as a loan transaction. This does not change the nature of the transaction if the lender himself is the owner of the goods and the buyer promises him to pay the remaining money against delivery of the goods. Means by which the hire-purchase agreement can be terminated In case of violation of the hire-purchase agreement, the owner has the right: What is the status of hire-purchase agreements in India? 4. The Tenant has paid the Company an amount of Rs. . as a guarantee or consideration adjusted to the hire-purchase price of said machinery and equipment, if the lessee exercises the option to purchase those mentioned below. If the Renter does not exercise such option or if the contract is terminated before the exercise of such option, the said amount of the deposit will be refunded by the Company to the Tenant after the expiration or prior determination of this Agreement, subject to the deduction of any claim that the Company may have against the Tenant under or under this Agreement or the law. including the cost price of said machinery and equipment.

18. The tenant is obliged to pay the rental fees every month, whether the machines and equipment mentioned are operating or remain inactive for lack of work or for any other reason. 23. Upon termination of this Agreement upon expiry of the period or early termination by the Company or the Renter or otherwise as mentioned above, the Company will reimburse the Renter the amount of the deposit less the amounts that the Renter is required to pay to the Company for rental fees or otherwise, and the costs to be paid or incurred by the Renter in connection with such gifts and not paid by he. Hire-purchase is one of the most widely used practices in the world to finance an asset. This is the type of agreement where the owner of a property leases the property for rent for a certain period of time in exchange for payments by the person (known as a tenant) who leases the property in question. It also gives the tenant the opportunity to buy these goods, but he is subject to the payment of all the payments provided for in the contract and to the will of the seller (owner) of the goods. In a hire purchase agreement, the two parties to the contract are the tenant and the landlord. The landlord rents the rented for a certain period of time with a provision for the payment of rents at regular intervals, including an option to purchase the property at the end of the period. The parties entering into a hire-purchase agreement must be able to enter into a contract and there must be an intention to create a legal relationship between the parties.

This article was written by Rutuparna Sahu of KIIT School of Law, Odisha. This article is an analysis of the hire purchase agreement. Apart from the above obligations, the tenant may be granted the right to terminate the contract by handing over the goods to the owner in good condition at any time after paying a penalty for this.. .

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