MAYBANK ISLAMIC PERSONAL FINANCING-I TERMS AND CONDITIONS
The approval of the Maybank Islamic Personal Financing-i (“Facility”) by Maybank Islamic Berhad (Company No. 787435-M) (“the Bank”) to the Customer (“Customer”) shall be subject to the following terms and conditions made known to the Customer at the time of application of the Facility.
These terms and conditions shall be binding on the Customer immediately upon approval of the Facility by the Bank. Customer Eligibility
1. This Facility is available to all eligible Customers aged between 21 years of age to 60 years of age. Interpretation 2. These terms and conditions, along with any other documents pertaining to any of the Customer’s current account or savings account (“Deposit Account”) maintained with the Bank, constitute an agreement that establishes the terms and conditions in respect of the Facility.
3. The terms and conditions set forth herein are in addition and supplemental to and not in substitution for or in derogation of any terms and conditions binding upon the Customer from time to time. Facility
4. The Facility is an unsecured term financing facility.
5. The Takaful coverage for Customer is optional, to cover the outstanding financing during the period of financing and/or term of coverage. If Customer opted for Takaful coverage, the Customer agrees to pay and authorises the Bank to deduct the Takaful contribution amount upfront from the Facility prior to the disbursement. The Customer may take up and maintain Takaful coverage with Etiqa Takaful Berhad or with the Bank’s panel of Takaful companies or other Takaful companies of the Customer’s choice approved by the Bank on such terms and conditions as the Bank may stipulate.
6. The Bank shall in addition to the Deposit Account establish a separate facility account (“Personal Financing-i Account”) for the Customer. The Facility Amount shall be debited from the Personal Financing-i Account and credited into the Deposit Account (whereupon full release of the Facility to the Customer shall be deemed to have taken place) and the Customer shall be entitled to withdraw the monies from his Deposit Account.
7. The minimum Facility Amount is RM5,000 and in any case is subject to the Bank’s sole and absolute discretion and may be varied by the Bank from time to time. The Customer may apply and maintain only one Facility at all time. The existing Facility needs to be fully settled should the Customer wishes to apply the Facility again. Method of Financing
8. In accordance with the contract of Murabahah (Cost Plus Sale) and the Bank’s financing procedures, upon approval of the facility, the Customer will request the Bank to purchase the underlying Shariah Compliant commodities acceptable to the Bank (Commodity) from such commodity trader acceptable to the Bank and undertake to purchase the commodity from the Bank. Pursuant to the request, the Bank will purchase the Commodity from any commodity trader at the price equivalent to the approved facility amount.
9. Thereafter, the Bank shall sell to the customer the Commodity at the Bank’s sale Price which shall constitute the approved Facility Amount and the Bank’s Profit on deferred payment basis. 10. The Customer shall also appoint the Bank as the Customer’s agent to sell the Commodity to any commodity trader or any third party at an amount which shall be equivalent to the Approved Facility Amount.
11. The proceeds of the sale of the Commodity shall be emplaced in the Customer’s Deposit Account with the Bank or any other of the Customer’s account with the Bank or such manner as may be determined by the Bank for disbursement, subject to the terms of the Facility and as may be determined by the Bank from time to time. Purchasing Request and Undertaking
12. In accordance with the financing procedures of the Bank, the Customer hereby requests the Bank to purchase the Commodity from any commodity trader at the Facility Amount which shall be payable in accordance to the terms of the Facility.
13. The Customer hereby promises and irrevocably undertakes to purchase the Commodity from the Bank, at the Bank’s Sale Price.
14. The Customer confirms that the undertaking herein is irrevocable (except with the prior written consent of the Bank) and binding on the Customer’s estate, heirs, successors in title, permitted assigns and personal representatives. Appointment of Agency
15. The Customer hereby irrevocable appoints the Bank as the Customer’s agent to the effect that the Bank may perform the following: (i) to purchase the Commodity that the Bank deems fit and to take possession (physical or constructive) of the Commodity; (ii) to sell the Commodity to any commodity trader or any third party at the price equivalent of the Facility Amount; (iii) to receive and manage the proceeds from the sale of the Commodity on Customer’s behalf; and (iv) to deliver possession of and title in and to the Commodity to any purchaser of the Commodity.
16. The Bank shall at all times act as the Customer’s agent and the Bank shall:
(i) be authorised to sign and execute all documents and do all acts and observe and perform all obligations required to be done in connection with the appointment as agent, or imposed under any agreement of sale of the Commodity to any commodity trader or third party; and
(ii) be authorised to delegate its rights and duties as an agent herein to any third party to do all necessary for the completion of the required transaction; and
(iii) be required to do all the administrative duties regarding the holding and the selling of the Commodity thereof. The Customer hereby agrees that the appointment of the Bank as agent shall survive any variation, enhancement or modification to the particulars of the financing, including but not limited to the Facility Amount, tenure, the applicable Ceiling Profit Rate, Effective Profit Rate and Islamic Base Rate or such other changes as may be deemed appropriate by the Bank.
17. In addition to the appointment of agency as stated above, the Customer hereby appoints the Bank as the Customer’s agent to perform for and on behalf of the Customer to act and/or execute the necessary documents under the Commodity Murabahah transaction including any variation thereof, where required.
18. Save for the purpose of this appointment, the appointment of the Bank as the Customer’s agent shall cease upon termination or cancellation of the Facility. In addition, the Bank also reserves the right to terminate this appointment for any negligence or misconduct by the Customer.
19. The Customer hereby agrees that the Customer shall indemnify and keep the Bank indemnified from any losses, costs, expenses or damage that the Bank may have suffered or incurred as a result of fulfilling the Bank’s agency function as set above. Payment
20. The Customer shall commence payment of the monthly instalment (“Facility Monthly Instalment”) within 30 days from the date of drawdown of the Facility and subsequent Facility Monthly Instalment shall be payable at the successive intervals of one (1) month each thereafter or on such other date as shall be fixed from time to time by the Bank.
21. During the payment period or financing tenure (“Facility Instalment Period”), the Bank’s Sale Price shall be paid by way of equal Facility Monthly Instalment as set out in the Notification of Approval Letter which also sets out the Facility Instalment Period, Facility Monthly Instalments and other terms and conditions sent to Customer upon approval of the Facility.
22. If there is a default in any payment on its due date of any one or more of the Facility Monthly Instalments or any other money herein covenanted to be paid, Customer shall pay to the Bank Late Payment Charge (LPC) as follows: (a) It is expressly agreed by the parties that the Bank shall have the right to be compensated on late instalment and default payment based on the following mechanism:
(i) Overdue instalment or scheduled payment for failure to pay any instalment or any payment due from the date of the first disbursement of the Facility until its expiry or maturity date, a LPC sum equivalent to one per cent (1%) per annum of the overdue instalments/payment or by other method approved by Bank Negara Malaysia (BNM); (ii) Upon maturity for failure to pay any instalments or any payment due and which failure continues beyond the expiry or maturity date of the Facility or upon judgement, whichever is earlier, at the LPC rate which shall be the prevailing daily overnight Islamic Interbank Money Market (IIMM) rate on the outstanding balance due and payable or any other method approved by BNM from time to time.
(b) Notwithstanding the amount of the LPC charged, it is expressly acknowledged and agreed that the said amount of LPC shall not be further compounded.
(c) The LPC referred to in Clause (a) above shall be applied to the judgement sum and shall be payable from the date of the judgement is made until the date of actual payment.
23. The Facility Instalment Period shall be specified by the Bank and at the selection of the Customer. The Facility Instalment and Facility Instalment Period may not be altered.
24. The Customer undertakes to make satisfactory arrangement for payments of the Facility in accordance with these terms and conditions in the event his/her absence abroad.
25. The Bank shall be entitled at its absolute discretion to terminate and accelerate the payment of all sums of money due and payable under this Facility upon an event of default or vary or amend the Facility on such terms as may the bank in its absolute discretion determine by giving Twenty One (21) calendar days prior notice.
In the event the Bank shall demand payment of the Facility, the Customer shall be liable to pay LPC on the Facility Amount outstanding and unpaid Facility Monthly Instalments after demand or payment at such LPC rate as shall be imposed by the Bank at its absolute discretion.
LPC shall accrue on a daily basis (after judgement or court order as well as before) and remaining unpaid, shall be debited to the account of the Customer at the end of every calendar month and be liable thereupon to LPC as therein provided.
Events of Default
26. The Bank shall have absolute discretion to terminate the Facility and accelerate payment of the Facility on demand, and/or demand for full payment within (number of days stipulated as per the Bank’s existing policy) days if any of the following event or events of default(s) including but not limited to the following shall occur: (a) Default in paying any instalments or payment and/or other monies when due and payable; (b) Presentation of a bankruptcy petition against the Customer; (c) If the Customer should become insane or deceased;
MAYBANK ISLAMIC PERSONAL FINANCING-I TERMS AND CONDITIONS
7 (d) If the Customer commits a default under any provision of the terms and conditions governing the use of the Facility or any agreement or security documents, or (as the case may be) relating to other accounts or credit facilities granted by the Bank;
(e) If any information provided by the Customer whether in the course of making the application for the Facility or otherwise is incorrect or misleading or does not present an accurate representation of the relevant facts in a material particular as of the date at which it was provided;
(f) If in the absolute opinion of the Bank, the Personal Financing-i Account or any other accounts the Customer may have with the Bank is not being or has been operated satisfactorily;
(g) Any other event or series of events whether related or not including but without limitation to any material adverse change in the business, assets or financial condition the Customer of any person providing security for the facility, act of violence, terrorism, hostility of war, national emergency, rebellion, revolution, insurrection, usurpation or occurrence of any epidemic/pandemic of whatsoever description or other calamity (whether occurring within or outside or directly involving Malaysia or any other place where the Bank may now or from time to time hereafter conduct or carry on business and whether of a national or international nature or otherwise) or other change in circumstances whatsoever has or have occurred which in the opinion of the Bank (which opinion shall be final and binding on the Customer):
(i) Would or might render it inadvisable or impractical for the Bank to make, maintain or fund the Facility or to continue to do so to allow any utilization for further utilization of the Facility; or
(ii) Could or might affect the ability or willingness of the Customer or any surety of person(s) providing security for the Facility to observe or comply with any obligation on the part of the Customer, such surety, any person providing security or other person(s) to be observed or complied in relation to the Facility or any other security document(s) or make it improbable that the Customer or such surety or person(s) providing security or other person(s) would be able or willing to do so (h) If legal proceedings, suit for action of any kind whatsoever be instituted against the Customer, and (i) If any indebtedness of the Customer of any other security party referred to in Clause (g)
(ii) above becomes due and payable and capable of being declared due and payable before its stated maturity or if the Customer or any such security party goes into default under or commits a breach of any instrument or agreement relating to any such indebtedness. Rights of Bank
27. The Bank has the right at its absolute discretion to do the following at any time whatsoever or not the Facility herein have been disbursed or utilised;
(a) Review the Facility at any time and from time to time irrespective of whether or not an event of default has occurred and any review, if conducted, shall be in the manner determined solely by the Bank. Any delay or omission to conduct a review shall not be constructed as a waiver of the Bank’s right to review nor prejudice the Bank’s right to recover all monies owing.
b) At any one time hereafter to withdraw or not make available or cancel and/or terminate the Facility or any part thereof upon the happening of any event which in the Bank’s opinion would affect in any ay the Customer’s financial position and/or hinder the carrying on of the Customer’s business affairs in accordance with sound financial, industrial or commercial standards and practices and/or would jeopardise the Bank’s position and/or which is a default in respect of any of the requirements of the Bank whatsoever at any time and from time to time and the decision of the Bank shall be final and conclusive. The Bank has the absolute discretion to decide on the implementation of this condition (whenever deemed applicable).
(c) The Bank has the absolute right and discretion not to release or make available the Facility or any part thereof or to cancel withdraw and/or terminate the Facility therein granted to the Customer immediately upon the Bank becoming aware that the Customer is being/has been investigated or is alleged to be involved and/or had committed any illegal activities or criminal offences of any nature whatsoever or will be or have been allegedly subjected to any prosecution and/or conviction and/or any security in respect of the Facility held by the bank is subjected to or at risk of freezing seizure and forfeiture by the Federal Government and/or other relevant authorities or regulatory bodies. In all events, the Bank’s decision shall be final and conclusive.
Fees and Charges
28. The Bank reserves the right to vary the prescribed profit rate referred to in the Notification of Approval Letter at any time and from time to time at its absolute discretion subject to not exceeding the Bank’s Sale Price. The Bank’s notice of variation may take any form, and may be given via letter to the Customer or any other manner as the Bank may deem fit.
The variation shall take effect from the date specified in the Bank’s notice and the decision of the Bank as to the variation in the above said rates and the date from which such variation shall take effect shall be final and conclusive.
29. The Customer agrees to pay and authorise the Bank to debit the Personal Financing-i Account and/or Deposit Account with the following fees and charges: (a) Late Payment Charge (LPC) under Clause 22 above.
(b) Service charges as the Bank shall at its discretion determine for its services rendered and cost and expenses incurred in respect of or arising from:
(i) Customer’s cheque being dishonored for payment; or (ii) A service charge of RM10.00 for each post-dated Cheque returned.
(c) Legal fees (on a Solicitor and Client basis) and other expenses incurred by the Bank in the preservation and/or enforcement of its rights and entitlements under this terms and conditions and the recovery of monies due and payable by the Customer to the Bank under his/her Personal Financing-i Account.
(d) Any other reasonable fees and charges imposed by the Bank for services and facilities rendered to the Customer.
30. Notwithstanding the above provisions, the Bank may at its discretion vary the rate of such fees and charges by giving Twenty One (21) calendar days prior written notice to the Customer. Modification of Instalments
31. The Customer shall not be allowed to vary the Facility Monthly Instalment commencement date, Facility Monthly Instalment and Facility Instalment Period stipulated in the Notification of Approval Letter unless prior written approval granted by the Bank or may be given subject to such terms and conditions as the Bank may decide and impose. The decision of the Bank whether to give its approval or otherwise shall be final and conclusive and shall not be challenged on any grounds whatsoever.
32. If and whenever the rate of profit payable on the Facility shall be varied, the Bank may at its absolute discretion make the necessary adjustment consequent by giving Twenty One (21) calendar days prior notice upon such variation either:
(a) by varying the Facility Monthly Instalment amount; or
(b) by varying the number of remaining Facility Instalment Period; or (c) by varying any other manner as the Bank may deem fit. Prepayment/Cancellation
33. The Customer may prepay the Facility Amount in part at any time. Any amount prepaid shall be considered as advance instalment(s), the Bank is not liable to pay any profit on advance instalment(s).
Notwithstanding that prepayments are made the Customer shall continue to make the relevant Facility Monthly Instalment regularly and promptly and the Bank reserves the right at any time to terminate and accelerate payment of the Facility in the event of default as stipulated in Clause
26. All prepayments made will not reduce the full Facility Instalment Period or profit charged.
34. Unless otherwise agreed by the Bank, any amount prepaid may not be redrawn and shall be applied towards the Customer’s payment obligation in inverse order of maturity. In the event that the amount prepaid at any time exceeded the amount drawn on the Facility, the Bank shall not be liable to pay any profit to the Customer.
35. Upon the Bank’s approval of the Customer’s application, the Bank will disburse the Facility Amount to the Customer’s personal Deposit Account. Joint Accounts are not allowable for this Facility. Rebate 36. The Bank shall grant rebate (Ibra’) to the Customer on, but not limited to, the following events:
(a) The Customer makes early settlement or early redemption, including those arising from prepayments; and
(b) In the event the actual disbursed amount is less than the Bank’s Purchase Price; For avoidance of doubt, it is hereby acknowledged and agreed that the rebates referred to herein shall not be construed in any manner whatsoever as cash rebate payable to the Customer, but shall be reflected as a reduction in the profit element of the instalments of the Facility.
The rebate shall only be deemed granted upon receipt of the settlement/redemption sum as determined by the Bank based on he following formula: Outstanding Bank’s Sale Price LESS Outstanding Facility Amount LESS Other Amount Due to the Bank Disclosure
37. The Customer hereby agrees to be bound by the Declarations and the disclosure clauses set forth in the application form to this product which is a prerequisite document to this product including but nit limited to all the disclosure provisions in relation to personal data and the disclosure for purchase of cross selling and marketing of products within the Maybank Group and its strategic partners if the Customer had opted for the same and further the Customer hereby authorises the Bank and/or its officers to:
(a) make use of, disclose, divulge or reveal any information relating to his/her Personal Financing-i Account for purposes of or in connection with any action or proceeding taken for the purpose of recovery of monies due and payable by the Customer to the Bank under this terms and conditions.
(b) the disclosure of any information pertaining to the credit standing of the Customer to any other Bank and/or financial institution(s) as is necessary in such manner and to such extent as the Bank shall consider necessary in connection with such queries and to the disclosure of the account number(s) to any other interested person(s)/party(ies) such as CAGAMAS and debt collection agents, any person(s) in or outside Malaysia including but not limited to companies within the group of the Bank, whether such group of companies are residing, situated, carrying on business, incorporated or constituted within or outside Malaysia, including but not limited to the respective agents, authorised, maintaining and storing records (financial or otherwise), at any time and without liability, any information and particulars (financial or otherwise) relating to Customer’s affairs and accounts, financing and conduct thereof. (c) disclose information to Bank Negara Malaysia or such other authority having jurisdiction over the Bank regarding the Customer’s Facility or the Customer’s Account, as may be required. The Bank shall not be liable whether directly or indirectly to the Customer or any other person(s) for such disclosure.
Right to Set Off and Consolidate
38. The Bank may at any time at its absolute discretion and without assigning reason by giving Seven (7) calendar days prior notice on its intention to the Customer to: (a) set off or transfer any monies standing to the credit of the Customer’s Personal Financing-i Account with the Bank of whatever description and wherever located towards the reduction and/or discharge of any sum due to the Bank under this terms and conditions. (b) combine or consolidate all or any or his/her accounts including accounts jointly with others (of any nature whatsoever whether subject to notice) wheresoever situate with any liabilities and obligations due or incurred by the Customer to the Bank and set-off or transfer any sum standing to the credit of any one or more of such accounts in or towards satisfaction of money obligations and liabilities due and payable to the Bank. (c) sell any security(ies) or personal property(ies) of the Customer held by the Bank on deposit or otherwise at public auction or private sales without any judicial proceedings whatsoever and retain from the proceeds derived there from the total amount remaining unpaid. Cross Default
39. The Bank has the right to cancel, terminate and demand payment of all sums due and payable in respect of other facilities granted to the Customers by the Bank including but not limited to existing Credit/Charge Card facility with the Bank if an event of default has occurred or declared against the Customer pursuant to Clause 26 hereof regardless of whether or not such other facilities including but not limited to the Credit/Charge Card(s) are performing facilities. Amendments of Terms and Conditions
40. The use of the Facility is subject to the terms and conditions herein contained. The Bank reserves the right at any time and by giving Twenty One (21) calendar days notice, prior or otherwise to the Customer to add, alter, delete, modify, change or vary all or any of those terms and conditions or to replace wholly or in part the Facility by another scheme, whether similar or not, or to withdraw it altogether provided always to the compliance of the Shariah.
If any, the communication of such variations may take any form, and may be given via letter to the Customer or via Bank’s website or any other manner as the Bank deems fit.
Approval of Facility
41. The approval of the application is conditional upon the execution, delivery and perfection of the documents required by the Bank. The Bank may refuse the application for the Facility without assigning any reason therefore.
42. The Bank may at its sole discretion approve the Facility Amount and the Facility Instalment Period specified by the Customer or such lower Facility Amount and/or shorter Facility Instalment Period as the Bank shall deem fit. The Bank is not obliged to inform or notify the Customer on the approved Facility Amount provided that such Facility Amount is equal to or above the minimum amount stated by the Customer in the application form.
43. The Customer acknowledges that the acceptance of the Facility by the Bank is completed upon the Bank issuing the Notification of Approval Letter upon the terms therein contained and crediting the approved Facility Amount into the Deposit Account indicated by the Customer herein notwithstanding that the Facility Amount remains unused in the said Deposit Account.
Any differences in the Facility Amount and/or Facility Instalment Period applied for and as finally approved shall not affect the validity of the terms and the Customer shall be deemed to have accepted the financing of the Facility Amount as approved by the Bank. It shall be deemed that the submission of the application for the Facility and the issuance of the Notification of Approval Letter that an agreement on the part of the Customer to the financing and for the Bank to make available the facility has been concluded subject to the terms in the application, Notification of Approval Letter and the terms herein contained and no other formal documents are required to be executed further between the Customer and the Bank. Instalment Calculation
44. Facility Monthly Instalment is derived based on the formula: [(P*I*N) + P]/n Where, P = Financing Facility Amount I = Profit Rate per annum N = Total Number of Instalments in Years n = Total Number of Instalments in Months Service of Legal Process
45. The parties hereby agree that the service of any Writ of Summons or any legal process in respect of any claim arising out of or connected with this terms and conditions may be affected by forwarding a copy of the same by prepaid registered post and a copy of the same by ordinary post to the Customer’s address(es) stated in the Facility application form or to such other address(es) notified by the Customer to the Bank from time to time. Certificate of Indebtedness
46. A certificate signed by the officer of the Bank as to the monies for the time being due and owing to the Bank from the Customer in the absence of manifest errors shall be conclusive evidence or proof that the amount appearing therein is due and payable by the Customer to the Bank. Indemnity
47. The Bank will not be responsible for and disclaims all liability to any actions, claims, loss, damages, costs, charges and expenses which a Customer may suffer, sustain or incur by his/her participation in the Facility. Law Applicable
48. The Facility shall be governed by and construed in accordance with the laws of Malaysia and the parties hereto hereby agree to submit to the non exclusive jurisdiction of the Courts of Malaysia or the courts of such other competent jurisdiction as the Bank may in its sole discretion elect to submit and further agree that service of any legal process may be effected in the manner set out herein. Disposal/Sale of Personal Financing-i Account
49. The Customer hereby acknowledges and agrees that the Bank may at its absolute discretion assign transfer and/or sell the Customer’s Personal Financing-i Account or part thereof to such other institution, corporation, or statutory bodies as may be approved by Bank Negara Malaysia and/or set up under any Acts or statutory legislation of Malaysia (hereinafter referred to as “the Personal Financing-i Account Purchaser”) and towards this purpose the Customer hereby unconditionally and irrevocable consents to the assignment transfer and/or sale of the Customer’s Personal Financing-i Account to the Personal Financing-i Account Purchaser the Bank deem fit.
50. In amplification and not in derogation of Clause 49 above, the Customer further unconditionally and irrevocably consents and authorises the Bank upon the Bank giving seven (7) calendar days notice in advance to disclose, give, produce, divulge, reveal, and/or forward, deliver or otherwise make available such informations records, details regarding the Customer and/or the Customer’s Personal Financing-i Account pursuant to or prior to the sale or intended sale of the Personal Financing-i Account to the Personal Financing-i Account Purchaser