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Ownership

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Terms & Conditions

Please carefully read our Terms & Conditions.

  1. Repayment - Applicant/Co-Applicant agrees to pay the Total Principal Amount hereof, and all fees and interest thereon, as outstanding from time to time, in the amounts and on the dates set forth in this the Loan Application/ Pre-Approval Document, hereinafter referred to as the "Agreement." Applicant/Co-Applicant agrees to remit timely payments to Repairer's assignee via the pre-authorized bank payment system without defence, deduction, counterclaim or set-off, as authorized pursuant to the Repair and Storage Liens Act Ontario. The Applicant/Co- Applicant further agrees to ensure that all timely payments are honoured when presented, and acknowledges that an administration fee (equivalent to all fees incurred, directly or indirectly, in relation to the dishonoured or late payments) will be charged on any dishonoured or late payments. Upon any late or dishonoured payment, interest will be charged at the prevailing contract rate until payment is received, with funds being applied firstly to earned credit charges (namely, interest, administration fees, etc.) and secondly to the principal amount.
  2. Interest - You hereby agree to pay the Interest Rate as set out in the initial Disclosure Statement. You hereby agree that all of your Debt to assignee shall bear Interest before and after maturity and before and after default and judgment at the applicable Interest Rate. You hereby agree that the Interest Rate on all amounts due and owing from the date of such Default, including pre-judgment and/or post-judgment interest, shall be 45.9%.
  3. Covenants - So long as any indebtedness to Assignee is outstanding, Applicant/Co-Applicant will: (a) keep the Vehicle insured and in good operating condition; and (b) not sell the Vehicle or remove the Vehicle from Ontario without prior written consent of Assignee. Applicant/Co- Applicant agrees to maintain registration, licensing, and collision insurance on the vehicle during the term of this Agreement, and further agrees that Assignee shall be named as "Loss Payee" on the insurance policy and shall cause a revised copy of the insurance policy identifying same to be provided to the Assignee. Any proceeds for partial or complete loss or damage to the vehicle shall be paid firstly to Assignee to the full amount owing, and if any insurance proceeds are paid in error directly to the Applicant/Co-Applicant, the Applicant/Co-Applicant shall hold such proceeds on an "In Trust" basis for Assignee, and shall endorse such proceeds only to Assignee for the amount owing under this Agreement. Applicant/Co-Applicant agrees to remain liable for any shortfall or deficiency owing after application of any such insurance proceeds.
  4. Annual Percentage Rate - The annual percentage rate, "APR," is the effective rate of interest taking into account administrative costs of borrowing, plus interest charged. In accordance with the Consumer Protection Act, 2002, if the contract runs the full term of the loan, the APR will not exceed what is prohibited by law. Fees for the loan include: administrative loan set up, fund transaction fees, PPSA registration, lien search, vehicle history report, monthly maintenance and monitoring, document discharge, PPSA discharge, and lien discharge. Not all fees apply to APR.
  5. Limited Recourse - Applicant/Co-Applicant agrees that he or she has no recourse against Assignee for anything with respect to the repair work done or not done by Repairer, or any estimates given or not given by Repairer, and that any claims or disputes in respect thereof will only be made directly against Repairer.
  6. Authority to Bind Owner - Applicant/Co-Applicant promises that if he or she is not the owner of the Vehicle as set forth, that he or she has the authority to bind the owner of the Vehicle with respect to the requested repairs and this Agreement.
  7. Application of Payments - All payments by Applicant/Co-Applicant shall be applied firstly to accrued and unpaid interest, secondly to all other costs of borrowing, and thirdly to the unpaid balance of the principal amount.
  8. Prepayment - Applicant/Co-Applicant may prepay the principal amount outstanding at any time without notice, and without any prepayment interest penalty. Interest is payable only to the date of the actual payout, along with any applicable late or dishonoured payment charges, or any accrued default or collection costs. All prepayments are subject to an administration fee, not as a penalty, but to cover administrative expenses involved in effecting the prepayment.
  9. Optional Services - Applicant/Co-Applicant may terminate any optional services within the first 30 days by written notice.
  10. Events of Default - Applicant/Co-Applicant shall be in default hereunder upon the occurrence of one or more of the following events:
    1. Applicant/Co-Applicant does not pay on the due date thereof any payment required to be made hereunder;
    2. Applicant/Co-Applicant falsifies application information;
    3. Applicant/Co-Applicant fails to perform, or breaches any other covenant or other agreement herein;
    4. Applicant/Co-Applicant becomes insolvent or bankrupt or makes an assignment for the benefit of creditors or otherwise acknowledges his or her insolvency or bankruptcy; or, a trustee, receiver, receiver and manager, or liquidator is appointed for Applicant/Co-Applicant or for any substantial part of his or her property;
    5. the Vehicle is seized or otherwise attached by anyone pursuant to any legal process or other means, including distress, execution or any other step or proceeding with similar effect;
    6. the Applicant/Co-Applicant leaves the province of Ontario with the Vehicle, with the intention of becoming a permanent resident of any other province or country;
    7. the Applicant/Co-Applicant fails to repay the Debt at the end of the Term;
    8. the Applicant/Co-Applicant fails to keep any promise you have made in this Agreement.
  11. Remedies - Upon default by Applicant/Co-Applicant, at option of Assignee
    1. all amounts owing hereunder shall become immediately due and payable;
    2. Assignee may take possession of the Vehicle or require Applicant/Co-Applicant to deliver or make the Vehicle available to Assignee at such place as may be specified by Assignee;
    3. Assignee may process an electronic payment from your bank account up to a maximum of the outstanding balance
    4. Assignee may take such steps as it considers desirable to maintain, preserve, or protect the Vehicle;
    5. Assignee may enforce any rights of Applicant/Co-Applicant in respect of the Vehicle by any manner permitted by law;
    6. Assignee may sell, lease, or otherwise dispose of the Vehicle at public auction, by private tender, by private sale, or otherwise upon such terms and conditions as Assignee may determine and without notice to Applicant/Co-Applicant unless required by law; and
    7. Assignee may discharge any claim, lien, mortgage, charge, security interest, encumbrance, or any rights of others that may exist or be threatened against the Vehicle.
  12. Obligation to Advance - Applicant/Co-Applicant hereby acknowledges that neither this Agreement, nor any provision contained herein, shall operate to oblige the Assignee, its agents or assigns, to advance any sum of money to you.
  13. Costs of Enforcement - Applicant/Co-Applicant agrees to pay all reasonable costs, damages, charges, fees, and other expenses of every nature and character incurred by the Assignee, its agents or assigns, in connection with enforcement, including any default, of this Agreement. These may include, but are not limited to: reasonable legal and accounting fees, dishonoured cheque fees, search and location expenses, collection agency charges, sheriff and bailiff fees, towing fees, storage costs, valuation costs, repair costs, selling commissions, lien registration, and discharge, and other disposition costs, all of which will be added to and form part of the indebtedness of Applicant/Co-Applicant to Assignee. Collection charges for attempts to locate start at $750.00 each, and collection charges for repossession start at $1,250.00.
  14. Application of Proceeds - Assignee may apply any proceeds of realization of the Vehicle to payment of expenses in connection with the preservation and realization of the Vehicle as described, and Assignee may apply any balance of such proceeds to payment of the indebtedness in such order in the Assignee's sole discretion. If there is any surplus remaining, Assignee may pay it to any person having a claim thereto in priority to Applicant/Co-Applicant of whom Assignee has knowledge, and any balance remaining will be paid to Applicant/Co-Applicant.
  15. Deficiency - If the disposition of the Vehicle fails to satisfy the indebtedness and expenses, Applicant/Co-Applicant will be liable to pay any deficiency to Assignee forthwith on demand.
  16. Additional Rights - Assignee may grant extensions of time,
    1. take and perfect or abstain from taking and perfecting security,
    2. give up securities,
    3. accept compositions or compromises,
    4. grant releases and discharges, and
    5. release any part of the Vehicle or otherwise deal with Applicant/Co-Applicant, debtors of Applicant/Co-Applicant, sureties and others and with the Vehicle as Assignee sees fit without prejudice to the liability of Applicant/Co-Applicant to Assignee, or Assignee's rights hereunder.
    6. Assignment - Assignee may further assign or syndicate its rights hereunder in whole or in part at any time, without any further notice to the Applicant/Co-Applicant.
    7. Extended Meanings - In this Agreement, unless inconsistent with the context, words importing the singular number shall include the plural and vice versa, words importing gender shall include all genders, and words importing persons shall include individuals, partnerships, associations, trusts, corporations, government agencies, and any other entity whatsoever.
    8. Amendment and Waiver - No amendment, waiver, or termination of this Agreement shall be binding unless executed in writing by Assignee. No waiver of any provision of this Agreement shall constitute a waiver of any other provision hereof, nor shall any waiver of any provision of this Contract constitute a continuing waiver, unless otherwise expressly provided.
    9. Security Interest - Applicant/Co-Applicant acknowledges and authorizes the creation of a security interest in and against the repaired vehicle to be registered in the Personal Property Registry of the province of vehicle registration for the purposes of collateral and security for the loan. This security interest includes any accession or accessories to the repaired vehicle, any successor vehicle and any after-acquired property in accordance with the Personal Property Security Act, and shall remain in effect until all monies due under this Agreement have been paid in full. Furthermore, you agree not to transfer possession or control of the Goods to any other person without first notifying us by registered mail of your intention, and obtaining our written consent, to do so.
    10. Enurement - This Agreement shall be binding upon and shall enure to the benefit of the parties hereto, and their respective heirs, successors, legal representatives, and assigns.
    11. Severability - If any one or more of the provisions of this Agreement is held to be illegal, invalid, or unenforceable in any respect, the same shall not in any respect affect the validity, legality, or enforceability of the remainder of this Agreement.
    12. Multiple Applicants - If Applicant is more than one person, each such person will be jointly and severally liable for the indebtedness and all other obligations hereunder.
    13. Credit Investigation - Applicant/Co-Applicant consents to Assignee and its agents conducting a credit investigation against him or her and reporting any default to credit agencies.
    14. Conflict - In the event of any conflict between a provision of this Agreement and a provision of Repairer's invoice, this Agreement shall prevail to the extent of the conflict.
    15. Consumer Consent - Applicant/Co-Applicant authorizes Assignee and its agents or assigns to exchange the Applicant/Co-Applicant's personal information on an ongoing basis with credit bureaus, and permit such organizations to verify the Applicant/Co-Applicants personal information, in order to protect the Applicant/Co-Applicant, ensure the completeness of the information, maintain the integrity of the credit granting system, and maintain co-operation with local, provincial, and national authorities in the investigation of unlawful or improper activities in order to protect the Applicant/Co-Applicant and Assignee from fraudulent transactions.
    16. Execution of this Agreement - this Agreement may be signed in counterparts or by facsimile or by other electronic means and shall become binding upon execution by all parties hereto. Applicant/Co-Applicant acknowledges understanding and comprehension of this Agreement, and acknowledges receipt of a copy of this Agreement at the time of signing.
    17. Notice to Applicant/Co-Applicant - Do not use this financing option before you read all pages this Agreement. Applicant/Co-Applicant is entitled to a copy of this Agreement.
    18. Governing Law - The Applicant/Co-Applicant agrees that any legal proceedings shall be at the Courthouse in the city of London and Province of Ontario, and that the provisions of this Agreement shall be governed by and interpreted according to the laws of the province of Ontario and the federal laws of Canada applicable therein.
    19. Indemnification: In the event that the Applicant is unwilling or unable, for any reason whatsoever, to complete the transaction with the Repairer, the Applicant will be solely responsible for any costs incurred by the Repairer, including but not limited to any restocking fees, actually incurred costs, and similar or other costs or fees sought by the Repairer and will indemnify the Assignee for any costs paid by the Assignee on the Applicant's behalf.
  17. Additional Repairs – Should the Applicant require further repairs to its vehicle, it may make an application to amend this agreement in order to increase the Total Principal Amount available on the same account number and all other terms and conditions of this Agreement shall remain the same. If approved the amount requested shall be added to the Total Principal amount and the Assignee shall provide to the Borrower an updated statement of Account. Receipt of the funds or the benefit thereof shall mean that the Applicant accepts the terms of the agreement and any amendment thereto. The Applicant agrees that they shall sign such documentation as shall be required to evidence such increase.
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