Repossession Services Agreement
BACKGROUND:
______________________________________,
CREDITOR, and ______________________________________, AGENCY, agree:
CREDITOR is the owner
or collection agent for various retail installment contracts, granting liens on
automobiles. From time to time CREDITOR requires repossession services when the
various contract debtors are delinquent on their debts, and CREDITOR herewith
contracts with AGENCY to perform such repossessions.
TERM:
This agreement shall
commence on _________________________ and terminate on
__________________________.
TERRITORY:
AGENCY shall act as the
exclusive repossession service within the following territory:
_______________________________________________________________
ASSIGNMENTS:
AGENCY shall only
repossess vehicles upon a written order executed by an officer of the CREDITOR
specifying the vehicle type, VIN and borrower’s name, or identification of
other property. AGENCY shall not release any vehicle to a person other than an
agent of the CREDITOR.
METHOD OF REPOSSESSION:
AGENCY shall repossess
the items, which are assigned to it without creating a breach of the peace, and
in accordance with any laws or regulations related thereto. In the event that
any repossession cannot be accomplished without a breach of the peace, AGENCY
shall immediately notify CREDITOR and shall discontinue attempts to repossess
unless the CREDITOR reassigns the same.
INDEMNITY:
AGENCY shall indemnify
and hold CREDITOR harmless from any claims related to the repossession activity
undertaken by the AGENCY. CREDITOR shall
indemnify AGENCY from any claims that CREDITOR did not have a legal right to
seek peaceful repossession of the items assigned.
INVENTORY:
In the event that any
vehicle which is repossessed contains personal property, AGENCY shall have 2
persons witness a complete inventory. A copy of such inventory shall be
provided to CREDITOR. AGENCY shall release such items of personal property to
the debtor upon execution of a receipt of the same.
RELATIONSHIP:
The relationship
between the parties is solely of contracting party and independent contractor.
CUSTODY OF VEHICLES:
During custody of the
vehicles AGENCY shall use all possible care to protect and safeguard the
vehicles, and shall deliver the same as directed by the CREDITOR, and
CREDITOR’s expense, in the same condition as received, any ordinary wear and
tear excepted.
SUB-CONTRACTOR:
AGENCY shall not
sub-contract its performance without the previous written consent of the
CREDITOR.
PAYMENT:
AGENCY shall receive
payment as follows:
_____________________________________________________________
Dated:
_________________________________
_______________________________________
For Creditor
_______________________________________
For Agency
Repossession Services Agreement
Review List
This review list is provided to inform you about this
document in question and assist you in its preparation. This is a standard repossession agreement
that can be modified to meet the terms you require in your business activities.
1. Make multiple copies. Give one to each signer.
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