The Regulated Hire Purchase Agreement is a crucial document used in Malaysia when goods are purchased through financing arrangements where the purchaser pays in installments while the financier retains ownership until full payment is made. This document type is specifically regulated under the Malaysian Hire Purchase Act 1967 and must comply with strict statutory requirements regarding content, format, and execution. It is commonly used for vehicle purchases, industrial equipment, and consumer durables exceeding certain values. The agreement includes mandatory provisions protecting both parties' interests, detailed payment schedules, insurance requirements, and specific rights and obligations. This document is essential for financial institutions, businesses, and individuals engaging in hire purchase transactions in Malaysia, requiring careful attention to compliance with local regulations and consumer protection laws.
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1. Parties: Identification of the Owner/Financier and the Hirer with complete details as required by the Act
2. Background: Context of the hire purchase transaction and brief description of the goods
3. Definitions: Definitions of key terms used in the agreement, including statutory definitions from the Hire Purchase Act
4. Description of Goods: Detailed description of the goods including make, model, serial number, and other identifying features
5. Financial Terms: Purchase price, deposit paid, amount financed, interest rate, total amount payable, and payment schedule
6. Payment Terms: Details of installment payments, payment methods, and consequences of late payment
7. Delivery and Acceptance: Terms regarding delivery of goods and acknowledgment of acceptance
8. Title and Risk: Provisions regarding ownership, transfer of title, and risk in the goods
9. Hirer's Obligations: Maintenance, insurance, usage restrictions, and other obligations of the hirer
10. Owner's Rights and Remedies: Rights of the owner including repossession rights and other remedies
11. Insurance Requirements: Mandatory insurance provisions as required by the Act
12. Early Payment and Termination: Terms for early settlement and termination rights
13. Statutory Notices: Mandatory notices and warnings as required by the Hire Purchase Act
14. Governing Law: Confirmation of Malaysian law and jurisdiction
15. Execution: Signing provisions and witness requirements
1. Guarantor Provisions: Required when a guarantor is party to the agreement
2. Electronic Communications: Include when parties agree to electronic notices and communications
3. Assignment: Include if assignment of rights is permitted
4. Multiple Hirers: Include when there are joint hirers
5. Special Conditions: For any additional terms specific to the transaction
6. Variable Interest Rate: Include when interest rate is not fixed
7. Cross-Default: Include when linking to other agreements with the same hirer
1. Schedule 1 - Goods Description: Detailed technical specifications and identification of the goods
2. Schedule 2 - Payment Schedule: Detailed breakdown of payments including dates and amounts
3. Schedule 3 - Statutory Notice: Second Schedule notice as required by the Hire Purchase Act
4. Schedule 4 - Insurance Requirements: Detailed insurance specifications and requirements
5. Schedule 5 - Delivery Receipt: Form for acknowledging delivery and acceptance of goods
6. Schedule 6 - Guarantor Details: Details of guarantors if applicable
7. Appendix A - Prescribed Form of Statement of Account: Standard form for periodic statements as required by the Act
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