(2) (a) The data of the used car that is subject to
purchase or that has been already purchased and for
which the loan has been granted is mentioned in the
application form. The Borrower assures that there are
no other restrictions incurred on the car.
(2) (b) With respect to the new car which has not been
purchased yet, the Borrower shall inform the Bank of
its detailed data within three days from the date the
borrower Receives the numbers of registering the car
in The Traffic Department subordinating the Ministry
of Interiors or to assign the vendor the submission
of such data in Accordance with the application form.
Such detailed data shall be considered a part of this
Agreement.
(2) (c) The Bank shall not be responsible for providing
the authenticated certificate of registration and the
Borrower cannot suspend the payment of the determined
monthly installments on the ground that the Borrower
did not receive the certificate of registration.
3) Both the Borrower and the Guarantor acknowledge
that they will not be entitled to any advance defense
before the Court that the accurate data of the car was
not available at the date of signing the Loan Agreement.
4) The Borrower shall annotate a prohibition of disposal
in the car register at the relevant traffic department.
5) The prohibition of disposal is considered done just
after the execution of this Agreement or delivering
the car which ever comes first.
Third: The Borrower's obligations:
According to the Borrower's recognition of its obligations,
the Borrower agrees on the following:
1) In case of financing a New Car: the Bank will pay
the loan amount to the vendor directly and such payment
shall be deemed as if it were paid to the Borrower in
person.
2) In case of financing a Used Car,: the Bank will pay
the Loan amount to the owner/seller of the car or the
vendor, and such payment will be deemed as if it were
paid to the Borrower in person.
3) The Borrower shall be responsible for compensating
the Bank with all the payments and expenses that may
be incurred by the Bank, including the judicial expanse,
fees and costs relevant to recovering the car possession,
keeping, insuring and selling the car.
4) The Borrower shall be solely responsible for receiving
the car form the factory or the vendor. The Bank shall
not be responsible for any delay in delivery, payment
of the price, any delay costs or the quality/condition/
validity of the car. Furthermore, the Borrower hereby
declares that he/*she exempts the Bank from any responsibility
in relation to any of the abovementioned and that the
Borrower shall not suspend the payment of the monthly
installments on their due dates on the grounds that
the car has not been delivered.
5) (a)For the purpose of the loan insurance and confirming
the annotation of prohibition of disposal in the insurance
policy, the Borrower shall obtain a comprehensive insurance
on the car against all potential risks in accordance
with the applicable terms from time to time from one
of the insurance companies approved by the Bank. Citibank
may conclude the insurance on behalf of the Client in
its capacity as the party that granted credit and to
pay the premium to the insurance company by a check
or a post-dated payment order that is issued by the
Borrower or any other instructions of payment. In the
event that Citibank does not pay any premium for any
reason whatsoever, this shall not affect the Borrower's
obligation to pay the premium to the insurance company
as well as keeping the car covered by the comprehensive
insurance. Citibank shall be entitled to the first claim
of any insurance compensation. The Borrower hereby fully
authorizes Citibank to take any required procedures
to protect the interest of Citibank. Furthermore, the
Borrower shall abide by all the instructions issued
by Citibank, from time to time, in relation to the insurance
policy and its renewal.
5) (b) The Borrower shall issue an irrevocable power
of attorney in favor of the Bank in accordance with
the form attached hereto.
5) (c) The Borrower shall pledge the car in favor of
the Bank in accordance with the form attached hereto.
6- The Borrower shall not impose any restrictions on
the car subject to the prohibition of disposal or transfer
the title in any way without obtaining the express written
consent of Citibank. Also the Borrower shall annotate
in the certificate of licensing the car the prohibition
of disposal in favor of Citibank in order to affirm
the presence of that restriction.
In addition, any disposal of the car, whether direct
or indirect, shall constitute the crime of breach of
trust which entitles the Bank to take legal procedures
against the Borrower. The car is considered held in
trust by the Borrower in accordance with the application
form.
7- Citibank may at all times request to inspect the
car as well as all its relevant documents.
8- All the payments carried out by the Borrower to
repay the debt as well as its interest and expenses
shall be in cash, by checks or in any other methods
deemed appropriate by Citibank.
9- Pursuant to the loan agreement, the payment shall
be considered complete immediately upon adding the full
due payable amounts to the loan account of the Borrower
in Citibank without any deductions.
10- In case the due date for payment corresponds to
a weekend or a holiday, it shall be automatically amended
to the last working day prior to the weekend or the
holiday.
11- All the payments carried out by the Borrower in
favor of Citibank shall be net without the deduction
of any taxes or reductions of any nature whatsoever.
Forth: Incidents of Default:
In the event that:
1- The Borrower fails to pay any amount on its due date,
whether part of the basic loan, the interest or other;
2- In case any pledge or guarantee mentioned in this
Agreement, any certificate or statement issued in relation
to this agreement is incorrect or invalid in respect
of any of its aspects;
3- In case the Borrower breaches any term or pledge
mentioned in this Agreement;
4- If the car is being confiscated or seized by any
authority or for the purpose of implementing any legal
procedures;
5- If the Borrower's bankruptcy or insolvency is declared
or in case the Borrower loses his capacity;
6- In case of administrative seizure of the car or
in case the car is exposed to risks or destruction,
7- In case the car is stolen or in case it is exposed
to total damage in the opinion of the Bank;
8- If the Borrower loses his occupation or in case
his residence permit is cancelled;
9- If the Borrower tries to transfer the title to the
car to third parties prior to the fulfillment of all
its obligations under this agreement;
10- In case of the occurrence of any circumstances which
the Bank, according to its sole discretion, considers
jeopardizing its interests. Thus, in case any of the
aforementioned incidents occurs, the Bank shall be entitled
to:
a) Demand the immediate payment of the Loan as well
as any other due amount by virtue of this agreement,
in addition to the fees due to the Bank in relation
to the outstanding balance of the basic amount in accordance
with the Bank policy without the need to any protesting
procedure, sending notice or litigation;
b) The Bank may take possession of the car if it finds
such action appropriate and the authorized representatives
of the Bank shall be entitled to manage the car as well
as all its relevant matters in relation to the use of
the car, the renewal of its license…..etc, in
addition to selling the car in the manner the Bank may
deem appropriate….without any responsibility on
the Bank, in respect of loss;
<<Back
Page 1 2 3
4 Continue>>