Unregulated Hire Purchase Agreement for Ireland

Unregulated Hire Purchase Agreement Template for Ireland

This document is an unregulated hire purchase agreement governed by Irish law, designed for commercial transactions where a business acquires the use of assets with an option to purchase. The agreement sets out the terms under which the owner (typically a finance company) allows the hirer to use the assets while making regular payments, with title passing to the hirer upon completion of all payments. It includes comprehensive provisions for maintenance, insurance, usage restrictions, and default scenarios, while ensuring compliance with Irish commercial law and relevant statutes including the Hire Purchase Acts 1946-1960.

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What is a Unregulated Hire Purchase Agreement?

The Unregulated Hire Purchase Agreement is specifically designed for commercial transactions in Ireland where businesses seek to acquire assets through structured payments while having use of the assets immediately. This document type is particularly suitable for high-value commercial equipment, machinery, or vehicle acquisitions where the transaction falls outside regulated consumer credit provisions. It provides a comprehensive framework for the hire purchase arrangement, including detailed terms for payment schedules, maintenance obligations, insurance requirements, and the eventual transfer of ownership. The agreement ensures compliance with Irish commercial law while offering flexibility for business-specific requirements. It's commonly used by financial institutions and equipment suppliers dealing with commercial clients, incorporating protections for both the finance provider's security interest and the business user's operational needs.

What sections should be included in a Unregulated Hire Purchase Agreement?

1. Parties: Identifies and defines the finance company (owner) and the hirer, including full legal names and addresses

2. Background: Sets out the context of the agreement - that the owner wishes to let and the hirer wishes to hire the goods with an option to purchase

3. Definitions: Defines key terms used throughout the agreement including 'Goods', 'Hire Purchase Price', 'Deposit', 'Installments'

4. Agreement to Hire: Core clause establishing the hire purchase arrangement and confirming the owner's agreement to let and the hirer's agreement to take the goods

5. Delivery and Acceptance: Provisions regarding delivery of goods, acceptance procedures, and condition at delivery

6. Payment Terms: Details of the hire purchase price, deposit, installment amounts, payment dates, and payment methods

7. Title and Risk: Confirms that title remains with the owner until final payment, while risk passes to the hirer upon delivery

8. Hirer's Obligations: Key obligations including maintenance, insurance, permitted use, and restrictions on disposal or modification

9. Owner's Warranties and Representations: Warranties regarding ownership, condition and fitness for purpose of the goods

10. Insurance Requirements: Specific insurance obligations of the hirer and requirements for insurance coverage

11. Default and Termination: Events of default, termination rights, and consequences of termination

12. Option to Purchase: Terms of the purchase option and process for exercising it

13. Governing Law and Jurisdiction: Confirms Irish law as governing law and Irish courts' jurisdiction

What sections are optional to include in a Unregulated Hire Purchase Agreement?

1. Asset Maintenance Requirements: Detailed maintenance obligations for specific types of assets requiring specialized maintenance

2. Software License Terms: Required when the hired goods include software components

3. Import/Export Requirements: Necessary when goods may be used across international borders

4. Environmental Compliance: Required for assets with specific environmental implications or requirements

5. Sub-hiring Provisions: Include when sub-hiring might be permitted under specific conditions

6. Location Requirements: Required when the goods must be kept at specific locations or require approval for relocation

7. Training Requirements: Include when operation of the goods requires specific training or certification

What schedules should be included in a Unregulated Hire Purchase Agreement?

1. Schedule 1 - Description of Goods: Detailed description of the goods including make, model, serial numbers, and specifications

2. Schedule 2 - Payment Schedule: Detailed breakdown of all payments including deposit, installment amounts, and dates

3. Schedule 3 - Acceptance Certificate: Form of acceptance certificate to be signed upon delivery of goods

4. Schedule 4 - Insurance Requirements: Detailed insurance requirements including minimum coverage levels

5. Schedule 5 - Maintenance Requirements: Detailed maintenance schedule and requirements if applicable

6. Appendix A - Condition Report: Template for recording the condition of goods at delivery

7. Appendix B - Return Conditions: Specified conditions the goods must meet if returned upon termination

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Ireland

Publisher

Genie AI

Document Type

Financing Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Manufacturing

Construction

Transportation and Logistics

Agriculture

Industrial Equipment

Commercial Fleet Operations

Healthcare Equipment

Technology and IT

Printing and Publishing

Mining and Resources

Renewable Energy

Food Processing

Retail Operations

Relevant Teams

Legal

Finance

Procurement

Operations

Risk Management

Treasury

Credit

Commercial

Asset Management

Business Development

Contract Administration

Relevant Roles

Chief Financial Officer

Finance Director

Commercial Director

Fleet Manager

Equipment Manager

Procurement Manager

Legal Counsel

Risk Manager

Treasury Manager

Operations Director

Asset Manager

Credit Manager

Business Development Manager

Contract Manager

Finance Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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