5.1. The Borrower agrees that the Borrower’s monthly instalment payments shall be routed to the Borrower’s savings account maintained with DF whereas DF shall on the due date deduct the relevant Monthly Instalment as the case maybe without any further intimation or notice made to the Borrower.
5.2. Borrower agrees that DF will have absolute discretion to appropriate any payments received from the Borrower against this Agreement, in respect of dues under other agreements with DF under which the Borrower has taken on this facility.
5.3. The Borrower specifically agrees and understands that notwithstanding the provisions under clauses 5.2 and 5.3 hereof, for all intents and purposes the obligation to settle the Facility shall at all times remain with the Borrower.
5.4. All representations and statements made to DF by the Borrower or Borrower’s agents, employees or officers whether in writing or otherwise on Borrower’s behalf are hereby warranted true and correct and intended to be acted upon by DF and shall from the basis of the contract or obligation intended to result from or arise upon DF acting upon the request hereby made for an advance.
5.5. Any material charge expected or experienced in the Borrower’s financial condition will be furnished by the Borrower to DF, as and when required by DF.
5.6. Particulars of any litigation which may tend to affect the Borrower’s financial capacity and in which the Borrower may be involved shall be disclosed by the Borrower to DF whenever such eventuality occurs.
5.7. DF is hereby irrevocably authorized by the Borrower without notice to the Borrower to combine the account of the above loan with all or any of the Borrower ‘s other accounts or deposits (term or demand) and to transfer and appropriate all monies lying to the Borrower’s credit with and such unfettered right and irrevocable authority is hereby given by the Borrower to DF and shall be exercised by DF to the extent of dishonouring or refusing payments demands or withdrawals or other like documents drawn by the Borrower on or before the date of the exercise of such right or authority or even to the extent of closing any account in the Borrower’s name and the Borrower hereby undertakes to indemnify DF against all claims or demands that may be on DF consequent in such action of the Borrower.
5.8. The production in any court of Law or before any Tribunal or body or statutory officer of any statement, extract, writing or other documents showing monies owing by the Borrower as a result of DF granting the above loan and made out of the books or documents of DF and signed and certified by the Manager or Accountant of shall be deemed to be conclusive proof of the amounts of the Borrower liability to DF without any further documents or vouchers being produced by DF.
5.9. If this document is signed by or on behalf of two or more persons whether as partners of a firm or otherwise, such person shall be jointly and severally liable to DF for the amount of the above loan and interest and each of such persons shall be liable as sole or principal debtor so long as any monies are due by the Borrower’s on account of the above loan and interest.
5.10. The monies due by the Borrower to DF in respect of the above loan and interest thereon shall be recoverable from the Borrower notwithstanding the Prescription Ordinance (cap 68) and the Borrower shall not raise the Prescription Ordinance (cap 68) as a bar to DF suing the Borrower for the recovery of the said monies.
5.11. All representations and statements made above and elsewhere and otherwise to DF or any of its officers by the Borrower or its agents, employees or officers, in writing or otherwise on the Borrower on behalf of purporting to be on the Borrower’s behalf are hereby warranted true and correct and intended to be acted upon by DF and shall form the basis of the contract resulting from recovery of the said monies.
5.12. The Borrower agrees that in the event of default by the BORROWER, DF may appoint a third party recovery agent for the recovery of outstanding amounts and the Borrower agrees to pay all costs of such collection.
5.13. A certificate in writing by an officer of as to the moneys and liabilities for the time being due to or incurred by DF shall be accepted by the BORROWER as prima facie evidence of the amount owing to DF by the BORROWER at the date of such certificate.
5.14. The Borrower shall not transfer ownership and/or vary its profile details of the registered mobile number or transfer possession of the Purchased Device to any third party until the Device Loan is settled in full.
5.15. In the event the Borrower intends utilizing the Number Portability feature, the Borrower agrees that prior to exiting the Dialog Network the Borrower shall first settle the Device Loan in full.
5.16. Notwithstanding that the ownership and title to the Purchased Device remaining with the Company until the Device Loan Facility is settled in full, the Company at no time makes any warranty with respect to the merchantable quality and/or use of the Purchased Device.
