Palawan Pawnshop Terms and Conditions between Pawner and the Pawnshop
These are the Terms and Conditions of Palawan Pawnshop between them and the Pawner as printed at the back of their original receipt (contract of pledge). Some frequently asked questions will be answered such as:
How many days or months will the pawned item be matured?
How many days or months is the grace period or the period when the pawner can no longer redeem the pawned item?
How much is the service charge?
What to do if the receipt or the pawn ticket is lost?
What if the pawned item (jewelry) has been damaged or has been robbed? Who is liable?
Is it allowed to use a representative to redeem or renew the pawned item?
The pawner hereby accepts the pawnshop's appraisal as proper.
The pawnshop agrees on the interest rates imposed in this contract of pledge. In case of dispute, the regular courts of law have the vested power to determine the reasonableness and legality of the interest rates. The pawnshop hereby agrees not to collect advance interest for a period of more than (1) year.
The service charge is equivalent to one percent (1%) of the principal loan, but shall not exceed five pesos (P5.00). No other charges shall be collected.
This loan is renewable for such amount and period as may be agreed upon between the pawnshop and the pawner subject to the same requirements for a new loan.
Upon maturity of this loan, as indicated above, the pawner still has ninety (90) days from maturity date within which to redeem the pawn by paying the principal loan plus the interest that shall have accrued thereon.
The amount of interest due and payable after the maturity date of the loan up to the redemption period shall be computed upon redemption at the rate of interest provided above based on the sum of the principal loan and interest earned as of the date of above based on the sum of the principal loan and interest earned as of the date of maturity. Any additional pernalty and/or interest shall be computed in the same manner.
The pawnshop shall notify the pawner of any change in its business address/location through: (1) publication in English and in Filipino or in the local dialect in two (2) daily newspapers of general circulation in the municipality where the pawnshop is closing the business, and (2) posting in English and Filipino or in the local dialect for one (1) month after date of publication in a conspicuous place in the premises to be vacated and to be transferred.
The pawner and the pawnshop agree that the notice of auction sale shall be delivered via: [ ] email, [ ] SMS, [ ] fax, or [ ] registered mail or courier at __________________ (check box of agreed mode and indicate the email address; mobile phone no., fax no., or complete residential address, as may be appropriate, in the space provided). In case no mode of notification is agreed upon, the default shall be via ordinary mail. The pawnshop shall have the right to sell or dispose of the pawn in public auction if the pawner fails to redeem the pawn within the ninety (90) day grace period.
The pawner shall advise the pawnshop of any change of address/mobile phone number / email address / fax number.
This ticket shall be surrendered at maturity date upon payment of the loan. In case of loss or destruction of this ticket, the pawner hereby undertakes to personally present an affidavit to the pawnshop before the redemption period expires. The pawnshop has two (2) days to decide whether accept (1) the affidavit in place of the original pawn ticket, or (2) to issue a substitute pawn ticket, thereby cancelling the original.
In case of pre-payment of this loan by pawner, the interest collected in advance shall accrue in full to the pawnshop.
The pawner shall not be entitled to the excess of the public auction sale price over the amount of principal, interest and service fee; neither shall the pawnshop be entitled to recover the deficiency from the pawner.
The pawner declares under the penalty of the Anti-Fencing Law that he is the owner of the property subject of this contract.
The pawnshop shall exercise reasonable care and caution that an ordinary prudent person would as to his own property over the things pawned in accordance with the Republic Act No. 386 (Civil Code of the Philippines), as amended. Accordingly, the pawnshop shall insure all pawned items, except those which are kept inside a fireproof vault, in accordance with the pertinent regulations of the Bangko Sentral ng Pilipinas. Claims for restitution by pawners in case of loss, destruction or defect of the pawns due to robbery, fire and other fortuitous event, with or without the fault of the pawnshop, its owner, managing partner, directors and officers cognizable by the regular courts.
The pawnee shall not be liable for loss or damage of the article pawned due to fortuitous events of force majeure. When the loss is due to the fault and/or negligence of the pawnee, the amount of its liability, if any, shall be limited to the appraised value appearing on the face hereof.
Venue of all judicial and administrative cases or proceedings and other legal incidents arising out of or in connection with this contract shall solely and exclusively be brought before appropriate courts, departments, offices or agencies of the government situated in Puerto Princesa City.
The authorized representative must present valid identification papers.
For purposed of computing the amount of interest for pledge loans paid after maturity date, a fraction of the original term of the loan agreed upon as indicated at the face of the pawn ticket shall be considered as one full term.
In case this loan is not paid on maturity date, the pawner hereby agrees to pay addition to accrued interest, two percent (2%) per month of the principal, as liquidated damages. For purposes of computing the amount of liquidated damages, a fraction of the original term of the loan agreed upon as indicated at the face of the pawn ticket shall be considered as one full term. The pawnshop may at its sole option, allow redemption of pawn after expiration of the 90-day grace period upon payment by the pawner of the loan principal plus interest due and liquidated damages at the rates and manner of computation herein prescribed.
Member: Chamber of Pawnbrokers of the Philippines
I hereby authorize M_________________________________ whose signature appears below, to redeem (or renew) my pawn covered by this pawn ticket.
Signature of Representative
(Signed in the presence of Pawner)
Signature of Pawner
(Signed in the presence of pawnshop owner/employee)
Received the article(s) in the same condition when pawned and redeemed.
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