Standard Terms and Conditions
Applicable to Laptop Outright Purchase and Hire-Purchase Agreements
With High School Students and Teachers
1 APPLICATION

1.1 Reference is made to Agreements (each a “Agreement”) entered into between Africa Smart Investments Distribution Limited (“ASI-D”) and an applicant (the “Applicant”), details of whom are set out in each Agreement.
1.2 Subject to Clause 1.3 below, these standard terms and conditions (these “Standard Terms and Conditions”) apply to and are incorporated by reference into each Agreement.


1.3 If: (a) an outright purchase is chosen by the Applicant, then unless expressly stated otherwise, this Clause 1 (Application) and Clauses 2 (Defined Terms), 3 (Delivery of Laptop), 7.1 (Title), 12 (Warranty), 13 (Transfer), 14 (Data Protection), 15 (Address for Notices) and 17 (Governing Law and Dispute Resolution) apply; or (b) a daily payment plan or a monthly payment plan is chosen by the Applicant, then unless expressly stated otherwise the entirety of this Agreement applies.

2 DEFINED TERMS

2.1 Terms and conditions defined in the Agreement have the same meaning when used in these Standard Terms and Conditions.

3 DELIVERY OF LAPTOP

Upon receipt of a deposit in the amount set out in the Agreement (or payment in full if outright purchase is chosen by the Applicant), ASI-D shall deliver a “Laptop” to the Student at the School with the following specification:

Brand	POSITIVO BGH
Display	10.1 LED screen
Processor	Intel® Celeron® N2815
Memory	2GB
Hard Disk	320GB
Memory Card Reader	3 in 1 (SD, MS, MSPro)
Video Integrated	Intel® HD Graphics
Audio Stereo	Realtek® High Definition
Operating System	Windows 10
Wireless Connectivity	Bluetooth
USB Ports	Micro USB+ USB 2-0
Video Output	HDMI
Webcam	Build-in HD 1 Mpx
Security	Kensington® Lock
Battery	3 cells
Warranty	6 months

4 LIMITED RIGHT TO USE

Before ownership of the Laptop transfers to the Applicant in accordance with the provisions of Clauses 7 (Title) or 9 (Pre-Payment) below:

(a) the Applicant shall be responsible for any damage to the Laptop except for reasonable wear and tear;

(b) the Laptop shall be electronically locked by ASI-D automatically if the Applicant does not make a Daily Payment or Monthly Payment (as applicable) on time in accordance with Clause 5 (Monthly Payment Plans - Payments) or Clause 6 (Daily Payment Plan - Payments) (as applicable); and

(c) where a Laptop has been provided to a Teacher:
(i) the Teacher may keep the Laptop at all times for so long as s/he remain a teacher at the School; however
(ii) if the Teacher leaves the School before payment of the final Monthly Payment, the Teacher will be required to either;
(A) leave the Laptop at the School upon leaving the School; or
(B) purchase the Laptop in accordance with Clause 9 (Pre-payment) upon or before leaving the School.


5 MONTHLY PAYMENT PLANS - PAYMENTS

5.1 If the Applicant has chosen a monthly payment plan, the Applicant shall pay each monthly payment in the amount set out in the Agreement (each a “Monthly Payment”) on or before the start of each successive month until the final Monthly Payment has been paid or the Applicant has paid a Pre-Payment Amount in accordance with Clause 8 (Pre-Payment) below.

5.2 Each Monthly Payment shall be paid as follow: (a)deposit to be paid into the bank account 593412493610179 in BPR Bank; or

(b)Mobile Banking or MTN Mobile Money, Tigo Cash and/or Airtel Money.

5.3 Upon receipt of each Monthly Payment, ASI-D shall deliver by text message an electronic token to the mobile number provided by the Applicant in Agreement.

5.4 Subject to Clause 9.4 (Late Payment) below, entry of the electronic token details into the Laptop shall unlock the laptop for a period of 30 calendar days.

6 DAILY PAYMENT PLAN - PAYMENTS

6.1 If the Applicant has chosen the daily payment plan, the Applicant shall pay each daily payment in the amount set out in the Agreement (each a “Daily Payment”) on or before each day until the final Daily Payment has been paid or the Applicant has paid a Pre-Payment Amount in accordance with Clause 8 (Pre-Payment) below.

6.2 Each Daily Payment shall be paid as follow:

(a) deposit to be paid into the bank account 593412493610179 in BPR Bank; or
(b) Mobile Banking or MTN Mobile Money, Tigo Cash and/or Airtel Money.


6.3 Upon receipt of each Daily Payment, ASI-D shall deliver by text message an electronic token to the mobile number provided by the Applicant in Agreement.
6.4 Subject to Clause 9.4 (Late Payment) below, entry of the electronic token details into the Laptop shall unlock the laptop for a period of one calendar day.

7 TITLE

7.1 If an outright purchase is chosen by the Applicant, then ownership of the Laptop shall transfer to the Applicant immediately upon delivery of the Student or Teacher (as applicable).

7.2 If a monthly payment option or the daily payment option is chosen by the Applicant, then Clauses 7.3 and 7.4 shall apply subject to the provisions of Clause 9 (Pre-payment).
7.3 The Laptop shall remain the property of ASI-D until, (a) the Deposit, and (b) all Monthly Payments or Daily Payments (as applicable), are paid.
7.4 Upon payment of the last Monthly Payment or Daily Payment (as applicable), (a) ASI-D shall issue a token which permanently unlocks the Laptop, and (b) ownership of the Laptop shall transfer to the Applicant.

8 MINIMUM PAYMENT OBLIGATION

8.1 If ASI-D takes possession of the Laptop in accordance with Clause 11.3, then:

(a)if the Laptop is in good condition (ordinary wear and tear excepted), the Applicant shall be obliged to pay ASI-D half of the sum of the then outstanding Monthly Payments or Daily Payments (as applicable, in addition to amounts already paid); and
(b) if the Laptop is damaged beyond ordinary wear and tear, the Applicant shall be obliged to pay ASI-D the outstanding Monthly Payments or Daily Payments (as applicable).
8.2 If a Laptop is lost, stolen or damaged, this shall not affect the Applicant’s obligation to pay the outstanding Monthly Payments or Daily Payments (as applicable).

9 PRE-PAYMENT 9.1 At any time after the payment of the Deposit to ASI-D, the Applicant may notify ASI-D at prepay@asid.rw of the Applicant’s desire to pay the full amount outstanding on the Laptop (a “Pre-payment Notice”).
9.2 If the Applicant gives ASI-D a Pre-payment Notice, ASI-D will notify the Applicant of the amount remaining to be paid to purchase the Laptop (the “Pre-payment Amount”). The Prepayment Amount shall not include any payment in respect of interest; however, ASI-D shall apply a RWF 5,000 fee in order to cover ASI-D’s administrative costs.
9.3 A Pre-payment Amount shall remain valid until the next Monthly Payment falls due.
9.4 Upon the Applicant paying a valid Pre-payment Amount, (a) ASI-D shall issue an electronic token to permanently unlock the Laptop, and (b) ownership of the Laptop shall transfer to the Applicant.

10 RESPONSIBILITIES OF THE APPLICANT

10.1 The Applicant shall:

(a) keep the Laptop in good condition and be liable the loss of and all damage to the Laptop whether occasioned by his or her own act, default, neglect or otherwise;
(b) keep the Laptop at all times in his or her possession and control and not take, send, use, cause or permit the Laptop to be taken, sent or used out of the Republic of Rwanda without prior written consent of ASI-D;
(c) if the Laptop is damaged, lost, destroyed or stolen, immediately notify ASI-D thereof by email at lost@asid.rw;
(d) immediately notify ASI-D in writing of any change of the Applicant’s address; and
(e) permit ASI-D and its authorized agent at all reasonable times to inspect the Laptop.


10.2 The Applicant shall not during the continuance of the hiring:

(a) by any act of omission cause or permit to be done any act or thing which is likely to or may prejudice ASI-D's rights or property in the Laptop; or

(b)remove, alter or change any identification marks, name-plate, trade mark or name on the Laptop.
11 LATE PAYMENT

11.1 When an electronic token expires, the Laptop will be locked until a new electronic token is purchased and entered into the Laptop.
11.2 If the Laptop has been locked in accordance with Clause 11.1 for a period of time, entry of a new electronic token will first be applied towards the period of time during which the Laptop was locked, and the Laptop will then be unlocked for the remainder of the time (if any) purchased by entry of the new electronic token.

11.3 If the Applicant is late in making a Monthly Payment or a Daily Payment (as applicable) by a in full by thirty (30) days or more, ASI-D may take possession of the Laptop and resell it.

12 WARRANTY

ASI-D warrants for a period of six months following delivery of the Laptop that the Laptop is free from manufacturing defects in workmanship and materials. ASI-D’s liability under the foregoing warranty is limited to replacement of laptop or repair of defects or refund of all amounts paid by Applicant under this Agreement sole option. No other warranty, express or implied, is made by ASI-D, and none shall be imputed or presumed.

13 TRANSFER

13.1 The Applicant shall not transfer his/her obligations under the Agreement without the prior written consent of ASI-D.
13.2 ASI-D may transfer its rights and obligations under the Agreement to a third party (the “Transferree”) by providing notice to the Applicant of such transfer.
14 DATA PROTECTION

14.1 Subject to the other provisions of this Clause 14 (Data Protection), ASI-D shall (a) use all reasonable efforts to keep the Applicant’s personal data secure, and (b) only use the Applicant’s personal data for the purposes of administering the Agreement.
14.2 ASI-D may transfer the Applicant’s personal data to a third party who finances or refinances the Agreement or proposes to do so, provided that such third party also undertakes to use all reasonable efforts to keep the Applicant’s personal data secure.
14.3 ASI-D may use the Applicant’s personal data in order to send offers and promotions from ASI-D and/or third parties unless the Applicant has indicated in the Agreement that the Applicant does not wish to receive these.

15 ADDRESS FOR NOTICES

15.1 If the Applicant’s address changes during the term of the Agreement, the Applicant shall promptly notify ASI-D by email at addresschange@asid.rw


15.2 ASI-D’s address for notices is:

Name:	Africa Smart Investments Distribution Limited
Registration Number:	104468197
Address:	P.O.BOX: 4614 Kigali,Rwanda
Email:	lost@asid.rw, adresschanged@asid.rw , prepay@asid.rw notice@asid.rw

16 TERMINATION OF AGREEMENT

16.1 If the Applicant breaches of any terms and conditions of this Agreement, ASI-D shall be entitled to terminate this Agreement by giving 30 days’ notice to the Applicant and upon such termination:
(a) ASI-D shall be entitled to retake possession of the Laptop; and
(b) the Applicant shall remain liable for the payment of any money due to ASI-D prior to the termination of this Agreement.

16.2 The Applicant shall also be entitled to terminate this Agreement by giving to ASI-D a notice of 30 days’ notice to ASI-D and, subject to Clause 8 (Minimum Payment Obligation), on making the payment of any money due to ASI-D at the time of termination of this Agreement including without limitation pursuant to Clause 8 (Minimum Payment Obligation).

17 GOVERNING LAW AND DISPUTE RESOLUTION

17.1 The Agreement is governed by the laws of Rwanda.

17.2 Any dispute arising out of the implementation of this Agreement the parties shall in the first instance attempt to resolve such dispute by amicable negotiation. Should such negotiations fail to achieve a resolution within fifteen (15) days either party may declare a dispute by written notification to the other, whereupon such disputes shall be referred to the relevant courts of Rwanda.

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