The Applicant (i.e., the Buyer) and their Joint and Several Guarantor purchase consumer goods from the Merchandise Dealer (i.e., the Seller) via installment payment and hereby sign this "Installment Payment Application and Agreement". The Applicant and their Joint and Several Guarantor acknowledge that they have carefully reviewed all terms and conditions of this Agreement for a reasonable number of days, fully understand the contents herein, and agree to jointly abide by the following terms and conditions with the Merchandise Dealer:
Article 1:
Upon signing this Agreement, the Applicant and their Joint and Several Guarantor agree that the Merchandise Dealer may, without further written notice, assign the right to receive installment payments and all other rights and benefits stipulated in this Agreement to 21st Century Digital Technology Co., Ltd. (Customer Service Hotline: (02)7721-2177, Customer Service Email: 21customerservice@happyfan7.com) and its Account Receivables Purchaser. The Account Receivables Assignee (21st Century Digital Technology Co., Ltd.) reserves the right to approve or reject the installment payment transaction. The Applicant and Guarantor raise no objection to the Account Receivables Purchaser directly deducting handling fees and related expenses from the total installment amount or approved amount, and disbursing the balance to the designated bank accounts of the Merchandise Dealer and the Account Receivables Assignee (21st Century Digital Technology Co., Ltd.) as the consideration for purchasing the accounts receivable claims of this installment payment. The relevant handling fee amounts shall be determined according to the contract signed between the Merchandise Dealer and 21st Century Digital Technology Co., Ltd.
The Applicant and their Joint and Several Guarantor understand and agree that the installment payments must be paid to the designated account of the Account Receivables Assignee or Purchaser as agreed. The Applicant and their Joint and Several Guarantor fully acknowledge the aforementioned installment amounts and disbursement dates, and shall under no circumstances use the existence or non-existence of a legal relationship or any other dispute between themselves and the Merchandise Dealer as a defense against the Account Receivables Assignee (21st Century Digital Technology Co., Ltd.) or the Account Receivables Purchaser.
Article 2:
The details of the consumer goods purchased by the Applicant and their Joint and Several Guarantor from the Merchandise Dealer via installment, including the product name, total product price, installment amount, number of periods, and the amount payable per period, shall be based on the aforementioned "Installment Payment Application". Furthermore, the product specifications, quality, and quantity of the consumer goods shall be based on the quality guarantee certificate or delivery voucher provided by the Merchandise Dealer.
Article 3:
The Applicant and their Joint and Several Guarantor agree to purchase the aforementioned consumer goods in accordance with this "Installment Payment Application and Agreement". After the contract is established, although the consumer goods are "registered under a borrowed name" (nominee registration) under the Applicant, the actual ownership remains with 21st Century Digital Technology Co., Ltd. The Applicant and their Joint and Several Guarantor only obtain advance possession of the consumer goods. Until the total installment price is paid in full and all obligations under this Agreement are fulfilled, the Applicant and their Joint and Several Guarantor shall strictly exercise the duty of care of a good administrator for the custody, possession, and use of the goods. They shall not unauthorizedly relocate, assign, transfer, pledge, pawn, or otherwise dispose of the consumer goods. Any violation of this clause will be prosecuted for related criminal liabilities under the offenses of fraud or misappropriation under the Criminal Code.
Article 3-1:
To verify that the Applicant and the Joint and Several Guarantor have not committed any acts of relocation, assignment, transfer, pledge, pawning, or other disposal of the consumer goods as stated in Article 3, 21st Century Digital Technology Co., Ltd. reserves the right, in the event of the Applicant's delayed payment or breach of contract, to require the Applicant and the Joint and Several Guarantor to prove that the consumer goods are still in the Applicant's possession. This includes, but is not limited to, providing the serial number of the consumer goods to 21st Century Digital Technology Co., Ltd. via messaging applications, paper documents, or other means. The Applicant and the Joint and Several Guarantor shall not refuse such requests.
Article 4:
The Applicant and their Joint and Several Guarantor shall immediately inspect the consumer goods upon delivery. If any defects are found, they must notify the Merchandise Dealer immediately. If the Applicant and their Joint and Several Guarantor fail to provide such notification, they shall be deemed to have accepted the received goods. The risk of loss or damage to the consumer goods shall be borne by the Applicant and their Joint and Several Guarantor from the moment they take possession of the goods.
Article 5:
The Applicant and their Joint and Several Guarantor understand that the Account Receivables Assignee (21st Century Digital Technology Co., Ltd.), its designated parties, or the Account Receivables Purchaser are not the importers, sellers, or distributors of the goods or services, and have no agency, partnership, or distributorship relationship with the Merchandise Dealer. All liabilities related to the warranty against defects, product warranty, guarantees, after-sales service, or other contractual obligations regarding the goods or services shall be borne solely by the Merchandise Dealer. Regarding product returns or service cancellations, the Applicant and their Joint and Several Guarantor must first contact the Merchandise Dealer to seek a resolution. If no consensus can be reached and a non-litigation or litigation dispute arises, they may notify the Account Receivables Assignee with reasons and supporting documents. Failure to notify the Account Receivables Assignee in the aforementioned manner shall result in the presumption that the transaction is correct and valid.
During any dispute period, the Applicant and their Joint and Several Guarantor must continue to pay the installment payments as agreed and shall not unilaterally suspend the installment payments.
Article 6:
Upon signing this Agreement, the Applicant and their Joint and Several Guarantor shall jointly issue an undated promissory note with a face value equal to the total installment price, and deliver it to the Account Receivables Assignee (21st Century Digital Technology Co., Ltd.), its designated parties, or the Account Receivables Purchaser to secure the performance of this Agreement. As the maturity date is left blank out of necessity, the Applicant and their Joint and Several Guarantor acknowledge and consent that the Account Receivables Assignee, its designated parties, or the Account Receivables Purchaser may independently fill in the maturity date and any other necessary items required to effectively exercise the rights of the promissory note, to facilitate the exercise of such negotiable instrument rights.
Article 7:
The Applicant and their Joint and Several Guarantor shall pay the installment amounts in periods corresponding to the dates and amounts listed in the aforementioned contract. If the Applicant and their Joint and Several Guarantor fail to pay any installment on time, in addition to paying default interest on the overdue installment amount at an annual interest rate of 16% calculating from the due date, they shall also pay a penalty fee of NT
500perperiodfromtheduedate.Furthermore,theyshallforfeitthebenefitofterm,andallinstallmentdebtsshallbedeemedimmediatelydueandpayable.TheApplicantandtheirJointandSeveralGuarantormustpayoffthetotaloutstandingdebt,includingtheun−maturedinstallmentbalance,interest,penaltyfees,andrelatedexpenses,inasinglelumpsum.Onceaninstallmentorderissubmitted,itcannotbecanceled.Ifacancellationisrequested,areviewfeeofNT500 per period from the due date. Furthermore, they shall forfeit the benefit of term, and all installment debts shall be deemed immediately due and payable. The Applicant and their Joint and Several Guarantor must pay off the total outstanding debt, including the un-matured installment balance, interest, penalty fees, and related expenses, in a single lump sum.
Once an installment order is submitted, it cannot be canceled. If a cancellation is requested, a review fee of NT500perperiodfromtheduedate.Furthermore,theyshallforfeitthebenefitofterm,andallinstallmentdebtsshallbedeemedimmediatelydueandpayable.TheApplicantandtheirJointandSeveralGuarantormustpayoffthetotaloutstandingdebt,includingtheun−maturedinstallmentbalance,interest,penaltyfees,andrelatedexpenses,inasinglelumpsum.Onceaninstallmentorderissubmitted,itcannotbecanceled.Ifacancellationisrequested,areviewfeeofNT
2,000 must be paid and remitted to the account designated by 21st Century Digital Technology Co., Ltd. within 3 days. For mobile phone and motorcycle loan orders, the Company will collect a guaranty verification fee (used for administration services, travel expenses, processing fees, and mortgage registration fees) after the loan is approved; the actual amount shall be based on the assessment at the time of verification. Please be sure to evaluate your own repayment ability and confirm the accuracy of your order information before placing an order.
Article 8:
In the event that the Applicant and their Joint and Several Guarantor experience delayed payments, bounced checks, being blacklisted by banks, credit degradation, non-performance or negligence in performing any obligation under this Agreement; are subject to provisional attachment, provisional injunction, final execution, or other public authority actions due to other debt relationships; enter into reorganization, merger, liquidation, dissolution procedures, or are declared bankrupt; experience death, disappearance, or succession where the heirs declare limited succession or waiver of inheritance; or if any false statements or misrepresentations are found in this Agreement or any documents provided by the Applicant and their Joint and Several Guarantor to the Merchandise Dealer (including the customer purchase contract), the Account Receivables Assignee (21st Century Digital Technology Co., Ltd.), its designated parties, or the Account Receivables Purchaser may, in addition to exercising rights prescribed by law or contract, declare all un-matured installment payments immediately due and payable. The Assignee, its designated parties, or the Purchaser may also directly repossess the consumer goods from the Applicant and their Joint and Several Guarantor or directly enforce compulsory execution.
Article 9:
When the Account Receivables Assignee (21st Century Digital Technology Co., Ltd.), its designated parties, or the Account Receivables Purchaser repossess the consumer goods or apply for compulsory execution in accordance with the contract, the derived expenses shall be borne by the Applicant and their Joint and Several Guarantor. The proceeds from the consignment, auction, or sale of the consumer goods shall be applied first to the expenses, second to the interest, and finally to the principal. Any surplus shall be returned to the Applicant and their Joint and Several Guarantor; if there is a shortfall, the Account Receivables Assignee, its designated parties, or the Account Receivables Purchaser may continue to seek recourse against the Applicant and their Joint and Several Guarantor.
Article 10:
The Joint and Several Guarantor hereby unconditionally agrees to jointly guarantee that the Applicant shall fully perform all obligations under this Agreement and assumes joint and several liability with the Applicant. If the Applicant fails to perform in accordance with the contract, the Joint and Several Guarantor shall be responsible for fully paying off the total debt, including the installment balance, interest, penalty fees, or related expenses. The Joint and Several Guarantor hereby declares the waiver of the right of prior action (beneficium excussionis) as stipulated in Article 745 of the Civil Code.
Article 11:
If the Applicant and their Joint and Several Guarantor undergo changes in name, organization, representative, notification address (business location), or any other changes affecting their rights, they must immediately notify the Account Receivables Assignee (21st Century Digital Technology Co., Ltd.), its designated parties, or the Account Receivables Purchaser in writing. If no notification is given, the delivery of relevant documents to the address stated in this Agreement or the last known address via mail shall be deemed legally served after the normal mailing period. If the failure to notify causes any disputes or results in damages to the Account Receivables Assignee, its designated parties, or the Account Receivables Purchaser, the Applicant and their Joint and Several Guarantor shall assume full responsibility.
Article 12:
The Applicant and their Joint and Several Guarantor agree that the Account Receivables Assignee (21st Century Digital Technology Co., Ltd.), its designated parties, or the Account Receivables Purchaser may collect, process via computer, and utilize personal data obtained through credit checks, credit extension, and debt collection concerning the Applicant and their Joint and Several Guarantor. The Applicant and Joint and Several Guarantor further agree that the Account Receivables Assignee, its designated parties, or the Account Receivables Purchaser may disclose their basic data, account data, credit data, investment data, insurance data, and other personal information to affiliated enterprises for collection, computer processing, and joint marketing purposes, or provide such data to persons appointed by the Account Receivables Assignee, its designated parties, or the Account Receivables Purchaser to handle affairs on their behalf.
Article 13:
During the effective period of this Agreement, if any overdue payment or breach of contract occurs, the Applicant and their Joint and Several Guarantor agree that the Account Receivables Assignee (21st Century Digital Technology Co., Ltd.), its designated parties, or the Account Receivables Purchaser, or other designated debt collection agencies may handle related debt collection matters on their behalf. The Applicant, their Joint and Several Guarantor, and the Merchandise Dealer agree that if any debt under this Agreement is overdue, the Account Receivables Assignee or Purchaser may assign the relevant rights under this Agreement—including but not limited to the un-matured installment balance, interest, penalty fees, related security interests, and written documents including but not limited to promissory notes, installment contracts, and any documents related to the installment—to 21st Century Digital Technology Co., Ltd. or its designated parties.
Article 14:
When the Applicant and their Joint and Several Guarantor receive the purchased consumer goods without raising objections, they agree that the Account Receivables Assignee (21st Century Digital Technology Co., Ltd.), its designated parties, or the Account Receivables Purchaser may, upon verifying that the Merchandise Dealer has prepared all disbursement documents without errors, directly disburse the installment amount to the designated bank accounts of the Merchandise Dealer and the Account Receivables Assignee (21st Century Digital Technology Co., Ltd.) without any objections. If any loss or incident occurs as a result, the Applicant and their Joint and Several Guarantor shall take full responsibility, which shall have no bearing on the Account Receivables Assignee, its designated parties, or the Account Receivables Purchaser. No objections to this disbursement may be raised for any reason without the written consent of the Account Receivables Assignee, its designated parties, or the Account Receivables Purchaser.
Article 15:
The Applicant, their Joint and Several Guarantor, and the Merchandise Dealer agree that the Account Receivables Assignee (21st Century Digital Technology Co., Ltd.) may assign the right to claim the installment payments from the Applicant and their Joint and Several Guarantor to the Account Receivables Purchaser. The Applicant and their Joint and Several Guarantor remain bound by this Agreement, hereby confirm receipt of the notice of assignment, and agree not to assert any set-off against the Account Receivables Assignee, its designated parties, or the Account Receivables Purchaser using any claims they may have against the Merchandise Dealer. Any contractual responsibilities arising from the contract, such as warranty against defects, product warranty, guarantees, or after-sales service, shall still be borne by the Merchandise Dealer. The Account Receivables Assignee, its designated parties, or the Account Receivables Purchaser make no express or implied commitments or guarantees regarding the subject matter of the goods, and the Applicant and their Joint and Several Guarantor should demand the fulfillment of such responsibilities and obligations from the Merchandise Dealer.
Article 16:
In the event of any litigation arising from this Agreement, both parties agree that the District Court where the Account Receivables Assignee (21st Century Digital Technology Co., Ltd.), its designated parties, or the Account Receivables Purchaser is located, or the Taiwan Taipei District Court (including its Summary Court), shall be the court of first instance jurisdiction, and the laws of the Republic of China (Taiwan) shall apply.
| [Company Declaration] The Company agrees to assign the rights transferred by the Merchandise Dealer from the Applicant and their Joint and Several Guarantor—namely, the right to receive installment payments and all other rights and benefits stipulated under this Agreement—to the Account Receivables Purchaser. The Company hereby authorizes the Account Receivables Purchaser to directly deduct handling fees and related expenses from the total installment amount or approved amount, and disburse the balance to the Merchandise Dealer and the Company's designated bank account as consideration for purchasing the accounts receivable claims of this installment payment. The agreement regarding the relevant handling fee amounts shall be based on the contract signed between the Company and the Account Receivables Purchaser. The Company agrees to jointly abide by all terms and conditions of the "Installment Payment Agreement" with the Merchandise Dealer, the Applicant, and their Joint and Several Guarantor. |
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