MULTIPURPOSE FINANCING AGREEMENT FOR PURCHASES WITH INSTALLATION PAYMENT
PT. PEMASOK MITRA PEMBELI is domiciled at the Pasundan Permai Housing Shophouse Blok E No. 5, Pasundan Street, Ex. Java, District. Samarinda Ulu, Samarinda City, Prov. East Kalimantan. Postal code 75122 (hereinafter referred to as "Creditors"), and
Debtor, with the details listed and as referred to in the Agreement Structure.
ARTICLE 1 | TERMS
“Instalment” is the Principal of the Debt along with Interest which is paid periodically every month in the amount and date as stated in the Financing Structure.
“Goods and/or Services” are goods and/or services that are financed based on the needs and according to the Debtor's own choice by using facilities with installment or periodic payment systems by the Debtor.
“Multipurpose Financing Facilities for Purchases with Payment in Installments” (hereinafter referred to as “Facilities”) are financing activities in the form of procurement of Goods and/or Services purchased by the Debtor from the Provider of Goods or Services for business purposes (productive activities) within the agreed period. and with payment in installments.
“Debtor” is the party that obtains the Facility from the Creditor as stated in the Agreement and the Structure of this Agreement.
“Interest” is a flat interest rate.
“Principal Payable” is the agreed amount of Facility to be provided to the Debtor in order to settle the purchase price of the Goods and/or Services as stated in the Agreement Structure.
“Repayment” is the debtor's obligation to repay the debt (principal and interest) to the creditor in installments, where each principal amount and interest are listed in the Financing Structure, which must be paid on time.
"Early Termination" means the termination of this Agreement by the Debtor before the last Installment as stated in this Agreement.
"Financing Structure" Financing Structure in connection with the Agreement which regulates the main points of this Agreement.
“Providers of Goods and/or Services” are parties who sell Goods and/or Services to Debtors.
ARTICLE 2 | MAIN REQUIREMENTS
The Debtor hereby acknowledges and agrees that the Facility obtained under this Agreement is a Creditor financing facility provided directly by the Creditor, so that the Debtor acknowledges and agrees that:
The Creditor has rights as lender/creditor arising under this Agreement as well as derivative agreements that form part and an integral part of this Agreement along with all extensions and amendments thereof;
Facilities obtained under this Agreement, every Debtor's Personal Data and/or Installment Payment status will be checked, recorded so that any delay in Installment Payments can prevent the Debtor from getting other financing.
Creditor agrees to provide Facilities to the Debtor, and Debtor agrees to receive Facilities from Creditors, based on the terms and conditions as described in this Agreement.
Interest, fees and/or fines:
The debtor is obliged to pay the creditor the interest rate as determined in the Financing Structure;
The Debtor is obliged to pay the fees as specified in this Agreement and must be paid immediately after this Agreement is signed and/or upon the first request of the Creditor.
ARTICLE 3 | METHOD OF WITHDRAWAL OF FACILITIES
Withdrawal of facilities may be carried out if the amount of Rupiah funds available to the Creditor is sufficient and after the Debtor has first met all the prerequisites set by the Creditor as stated in the Financing Structure.
Withdrawal or disbursement of the Facility (debt) in this Agreement will be made by way of direct payment by the Creditor to the Provider of Goods and/or Services or another party appointed by the Provider of Goods and/or Services, the amount of the Principal Debt as stated in the Agreement Structure, or the amount other based on certain conditions and situations that have been agreed in advance by the Creditor and the Debtor, in order to settle the purchase price of the Goods and/or Services by the Debtor to the Provider of Goods and/or Services.
Proof of payment by the Creditor to the Provider of Goods and/or Services or other parties appointed by the Provider of Goods and/or Services in the amount of Principal Debt or other amounts based on certain conditions and situations that have been agreed in advance by the Creditor and Debtor, is proof of receipt of money by the Debtor. from the Creditor as disbursement of the Facility under this Agreement.
The Debtor is responsible for all risks in any form, whether related to the delivery of Goods and/or the implementation of Services by the Provider of Goods and/or Services to the Debtor as well as other risks which generally must be borne by every buyer for the Goods and/or Services purchased by the Debtor. from the Provider of Goods and/or Services, the payment of which is made by or through the power of attorney or under the authority of the Debtor, as well as the risk of the use and/or use of the Goods and/or Services becomes the burden and responsibility of the Debtor.
ARTICLE 4 | DECLARATION AND ACKNOWLEDGMENT OF DEBT
The debtor hereby admits that he actually and legally owes the creditor in the amount of the principal amount as stated in the Financing Structure.
The Debtor hereby acknowledges that the total amount of debt owed by the Debtor to the Creditor under this Agreement is based on the books and records of the Creditor. Creditor's books and records are evidence of all debts or obligations of the Debtor to the Creditor under this Agreement and are binding on the Debtor.
The amount owed from time to time by the Debtor to the Creditor under this Agreement includes all amounts of Principal, Interest, Installments that are in arrears, as well as other costs related to this Agreement.
The Debtor hereby represents and warrants to the Creditor that the Debtor:
at the time of signing this Agreement is in good health and is not/is currently being treated in a hospital;
not involved in any case or dispute;
not in a state of bankruptcy;
not in a state of default or declared in default by another third party;
to make, sign, and submit this Agreement to Creditors, Debtors and Guarantors does not require permission or approval from any other person/party whatsoever. If permission or approval is required from another person/any party to make, sign, and submit this Agreement to the Creditor, the Debtor and Guarantor have obtained such permission or approval on the date of signing this Agreement;
the provision of this Facility to the Debtor will not cause or arise an event of negligence/infringement.
ARTICLE 5 | REPAYMENTS BY THE DEBTOR
The debtor is obligated to repay the debt (principal and interest) to the creditor in installments, each amount as stated in the Financing Structure, which must be paid on time.
For each time the debtor is late in paying, the debtor must pay the fees for taking the installments that are in arrears in the event that the creditor is forced to take the payment money to the debtor's place.
Unless otherwise specified, all payments must be made by transfer and/or Payer as stated in the Financing Structure. If there are costs that arise due to charging by the Bank, thereby reducing the amount of payment that should be received by the Creditor, the Debtor must pay immediately and at the same time pay off the lack of Installments
. In the event that the date of Repayment by the Debtor in each month as specified in the Financing Structure falls outside the day the Creditor's work and/or National holiday, the payment must be received and/or entered into the Creditor's Account no later than a day before the due date as specified in the Financing Structure.
ARTICLE 6 | EARLY TERMINATION
The debtor has the right to terminate this Agreement before the payment of the last Installment.
In the event that the Debtor wishes to carry out an Early Termination, the Debtor must notify the Creditor of his intention at least 30 (thirty) days in advance and pay off all remaining obligations.
ARTICLE 7 | TRANSFER OF RIGHTS AND OBLIGATIONS IN THIS AGREEMENT
Without prior written approval from the Creditor, the Debtor in any way and for any reason, has no right to assign or transfer any of his rights and obligations under this Agreement, either partially or wholly to any party.
ARTICLE 8 | EVENTS OF BREAK OF PROMISE
The events below constitute negligence or breach of contract against this Agreement by the Debtor
if an outstanding Installment, Principal and Interest or other amounts owed under this Agreement are not paid in full on time and in the manner as described above. specified in this Agreement, in this case, the passage of time alone has become valid and sufficient evidence that the Debtor has neglected his obligations;
if the Debtor has failed to fulfill the terms or other provisions of this Agreement and/or there is negligence or violation of the terms and conditions contained in this Agreement;
if a statement, statement or document provided by the Debtor in connection with this Agreement turns out to be false, untrue or not in accordance with the actual facts in matters deemed important by the Creditor;
if the Debtor, if any, dies or is placed under custody (in the event that the Debtor is an individual) or is dissolved or requested to be dissolved (in the case that the Debtor is an entity);
if the Debtor, if any, submits an application to be declared bankrupt or to be given a suspension of debt payments (surseance van betaling) or for any reason is no longer entitled to manage and control his assets or is declared bankrupt or an application or claim for bankruptcy has been filed against the Debtor by the competent agency. authorized;
when the Debtor is involved in a case in court, and/or the assets of the Debtor, if any, are wholly or partly confiscated by the authorities or by other parties;
In the event that only one of the events of default as referred to in paragraph 1 above occurs, the Creditor may give a warning to the Debtor through the Debtor's contact details registered in the Creditor system and/or by deviating from the provisions regarding the Financing Term as stated in the Structure Agreement, or stated in another schedule made specifically or separately, the Parties hereby declare to waive the provisions in Article 1266 of the Civil Code of the Republic of Indonesia, the Creditor is entitled to terminate this Agreement, and:
immediately and at the same time collect the entire amount of the debtor's debt to the creditor arising under this agreement, whether it is due or not, as well as interest, penalties and all costs incurred under this agreement, and
the obligations of the creditor to provide further facilities to the debtor immediately end .
ARTICLE 9 | FEES
The Debtor agrees that all costs regarding this Agreement, relating to it and other costs arising from this Agreement and its implementation including maintenance costs, insurance premiums, survey fees, provision fees, sales fees, exchange, execution, Notary fees/ PPAT, stamp duty, as well as all costs incurred to collect debts and implementation of the agreement will be borne and paid by the debtor.
ARTICLE 10 | NOTIFICATIONS
All correspondence or notices that must be sent by each party to the other party in this Agreement shall be made in person, registered mail, email or delivered or through an expedition company (courier) to the addresses as stated in the Agreement this.
Correspondence or notices are deemed to have been received by the addressee: (i) on the date the receipt is signed by the Debtor or Creditor, if delivered in person or through courier services; (ii) on a date after 5 (five) working days since it was posted if sent by registered mail or since it was handed over to the shipping company (courier) and it is sufficient if signed by the Debtor or Creditor; and (iii) on the day it was sent if sent by email.
in the event of a change of address from the address above or the last address recorded by each party, the change must be notified in writing to the other party in this Agreement no later than 5 (five) working days prior to the change of address in question. If the change of address is not notified, then the correspondence or notifications based on this Agreement are deemed to have been given properly by sending the letter or notification in person, registered mail, or delivered through an expedition company (courier) addressed to that address at above or the last known or registered address of each party.
ARTICLE 11 | MISCELLANEOUS
If this Financing Term has expired as stated in the Agreement Structure. The debtor is obliged to pay off the entire amount owed to the creditor, in the form of principal, interest, arrears in installments, fines and fees payable under this agreement (if any), and the debtor is obliged to collect documents of ownership of the goods at the creditor's office no later than no later than 1 (one) month from the date of settlement by the Debtor.
When the Debtor dies, all debts and obligations of the Debtor that arise under this Agreement are the debts and obligations of the heirs of the Debtor.
Every attachment, letter, document or addendum to this Agreement, is an inseparable part of this Agreement and therefore binds Creditors and Debtors.
The Debtor has read and understood all the provisions contained in this Agreement, and the Debtor has obtained clear and correct information about the facilities provided by the Creditor to the Debtor. Therefore, the Debtor hereby declares to be subject to this Agreement and its attachments.
This Agreement and all documents related to and arising from this Agreement are subject to the laws of the Republic of Indonesia.
Unless otherwise stipulated in this Agreement, both parties choose a permanent legal domicile and generally at the Registrar's Office of the Central Jakarta District Court, however, it does not reduce the rights and authority of one party to request execution (execution) or file a lawsuit/law suit against the other party. based on this Agreement before another court within the territory of the Republic of Indonesia.
This financing facility is provided only to Customers who have been and/or are currently receiving Financing facilities from PT. PEMASOK MITRA PEMBELI with current payment collectability status as long as they are Customers in the Financing Facility.
Thus this Agreement is made and signed on the day and date below, made in 2 (two) copies which have the same legal force for Creditors and Debtors.