PROVIDED ALWAYS THAT the amount paid by the Hirer to the Owner under this provision shall not exceed the amount obtained by subtracting the Statutory Rebates (for Term Charges and insurance as allowed under the Hire-Purchase Order) from the Total Amount Payable.
If after payment of the said insurance monies to the Owner under the policy any part of the Balance Originally Payable and interest or other monies payable hereunder remains unpaid the same shall forthwith become payable by the Hirer. Subject as aforesaid the loss theft or destruction of or damage to the vehicle shall not discharge this Agreement or affect the Hirer’s liability for payment of any Balance Originally Payable interest and other sums due and payable to the Owner hereunder.
13. If the Hirer (having meanwhile duly observed and performed all the terms and conditions, of this Agreement whether express or implied) shall pay to the Owner all sums payable under this Agreement including all rentals as shall with the sum paid for the option to purchase amounting in the aggregate to the Balance Originally Payable and any costs charges expenses and interest hereunder, the hiring thereby constituted shall determine and the Hirer shall become the absolute owner of the vehicle but until such time the vehicle shall remain the sole property of the Owner and the Hirer shall be mere bailee thereof and shall not represent or hold himself out to be Owner of the vehicle PROVIDED that the Hirer shall be at liberty to accelerate payments under this Agreement and in the event of his paying before the due date such sum or sums as may be necessary to vest the ownership of the vehicle in him pursuant to Section 13 of the Hire-Purchase Order the Hirer shall be granted the Statutory Rebates under the Hire-Purchase Order.
14. All assignment or transfer of the Hirer’s rights under this Agreement shall be subject to the Owner’s prior written consent which consent shall not be unreasonably withheld. The consent of the Owner may be made subject to such conditions as are permitted to be imposed under Section 11 of the Hire-Purchase Order. In the event that the Hirer assigns or transfers the Hire’s rights title and interest under this Agreement to a third party or executes an assignment in favour of third party in respect of the Hirer’s rights title and interest under this Agreement, the Assignor shall notwithstanding such assignment, transfer or execution of assignment, continue to be liable to he Owner under this Agreement. Without limiting the generality of the above, the Hirer’s continuing liability under this Agreement shall not be affected nor shall the Owner’s rights remedies or recourse against the Hirer be in any way prejudiced or affected by any of the following matters.
a) the provisions of the aforesaid assignment so executed by the Hirer:
b) the Owner’s consent to such aforesaid assignment:
c) any dealing by the Owner with the Hirer whether with or without the consent of or notice to the Hirer including without limiting the generality of the foregoing, any time or other indulgence granted to the Hirer, any variation or novation of this Agreement between the Owner and the Hirer, any consent given to the Hirer as to the place of keeping the goods/vehicle or as to the Hirer’s assignment of his rights (whether or not the continuing liability of the Hirer to the Owner be preserved) or otherwise Provided
only that the Hirer shall not by reason of any dealings or agreement between the Owner and the Hirer, have his liability to the Owner increased beyond what it would be if there had been no such assignment.
15. It is further agree and declared:
a) that the terms and conditions contained in this Agreement in favour of the Owner shall be in addition to and nor in substitution for the terms and conditions implied in favour of the Owner under a hire purchase agreement at common law except insofar as such implied terms and conditions are inconsistent with the terms and conditions of this Agreement;
b) that, subject always to Section 7 of the Hire-Purchase Order, the Owner shall not incur any liability to the Hirer nor shall the Hirer be entitled to reins this Agreement if the vehicle delivered to the Hirer does not correspond to its description as contained in this Agreement; and
c) that no liability shall attach to the Owner either in contract or in tort for loss injury or damage sustained by reason of any defect in the vehicle whether such defect be latent or apparent on examination and the Owner shall not be liable to indemnify the Hirer in respect of any claims made against the Hirer by a third party for any such loss, injury or damage.
16. In this Agreement the vehicle shall include all additions and accessories thereto and all replacements and renewals thereof whether made before or after the date of this Agreement.
17. This Agreement shall not commence unless and until it has been signed by or on behalf of the Owner and the Hirer has paid the Deposit.
18. The Owner is hereby is irrevocably authorised by the Hirer to disclose any personal or other information whatsoever regarding the Hirer, any information regarding the status and balances of the Hirer’s accounts, the outstanding balance of the Total Amount Payable, the particulars stated in the Schedule and any information relating to or in connection with the depositor’s account, to any or all of the following:-
a) any person participating in the provision of services to the Owner (including, but not limited to, debt collection, legal, accounting, auditing, printing or mailing [of cheque book, passbook, stationery or other documents], management, repossession, insurance, delivery, electronic and investigation services) whether in Brunei Darussalam or outside Brunei Darussalam, under or in connection with this Agreement or the enforcement thereof;
b) the police or other public officers conducting an investigation in connection with any offence or suspected offence;
c) the Brunei Association of Banks, other banks, finance companies, financial institutions or insurance credit or charge card companies;
d) the Ministry of Finance or any other person, entity or authority, having jurisdiction over the Owner, any court of law, in Brunei Darussalam or elsewhere, for any purpose whatsoever;
e) any joint hirers, or any insurer, guarantor or provider of security in relation to the Hirer or any account(s), or the auditor of the Hirer or any member, partner, director or shareholder of the Hirer;
f) any company body or authority or party to whom the Owner is associated with (including the Owner’s parent or holding company, subsidiaries or associated or related companies, Baiduri Bank Berhad), the Owner’s head office, branches representative offices, in Brunei Darussalam or overseas, for any purpose or purposes whatsoever; and
g) any association or body of which the Owner is member.
19. The Hirer hereby irrevocably consents to the above disclosure of information and confirms that the Owner shall be under no liability for disclosing or furnishing such information whether before, on or after the date of this Agreement.