DECLARATION CUM TERMS AND CONDITIONS OF GOLD LOAN ("LOAN")

I/We hereby agree to abide by the following terms and consequences arising out of erroneous details provided by Contract, 1872. The proceeds so realized from the sale of
conditions:- me / us. the Gold Security shall be utilized towards the repayment of
1. All particulars/information given in the application form are 10. The Gold Security and any other security furnished by me/us Dues under the Loan. In the event that the proceeds so
true and complete and no material information has been to the Bank will be released only upon payment in full of the realized are insufficient to meet the amount of Dues, the
suppressed / withheld. I/We acknowledge that HDFC Bank said Dues by me/us to the Bank. In case the value of Gold Bank may take such other and further actions as it may
Limited ("the Bank") shall have no liability for any Security falls lower than the required margin of the Bank as deem necessary to realize the balance amount from me/us.
consequences arising out of any erroneous details provided applicable from time to time, without prejudice to the right to In case of more than one borrower, we agree that our liability
by me/us. I/We authorize the Bank to carry out such credit declare an Event of Default under Clause 13 and/or to right shall be joint and several.
checks and at such time as it may deem necessary. The to sell the Gold Security and/or exercise any other right or 15. I/We agree that any notice (including notice of sale of Gold
Bank may sanction this Loan at its sole discretion. remedies available with the Bank hereunder or under law, Security) be addressed at my/our address mentioned in the
2. I/We am/are the owner/joint-owners and am/are in I/We shall, within 7 (seven) days of a notice from the Bank in application form and may be sent via (a) Register AD; (b)
possession of certain gold jewellery/ornaments ("Gold this regard, at the Bank's sole discretion, deposit with the hand delivered; or (c) sent via email to the email address
Security") over which I/We will create a first and exclusive Bank, such additional security, as may be required. mentioned in the application form; (d), short message
charge by way of pledge in favour of the Bank by depositing 11. I / We hereby represent(s) and warrant(s) that: service (sms) to my/our mobile phone(s). Such service shall
the same with the Bank in a sealed packet to be kept with the (a) I / We declare that I / We am/are citizen(s) of India. be deemed to have been effected in case of delivery by hand
Bank during the tenor of the Loan. I/We agree that the Bank (b) I / We confirm(s) that my/our title to the gold on the date on which it is delivered, in case of delivery by
shall be entitled to open such sealed packet during the tenor jewellery/ornaments deposited/to be deposited by Registered AD, post the expiry of the 4th day of such posting
of the Loan and conduct investigation in connection with the me/us as security is not defective/challenged by any and in the case of email, short message service (sms) or fax
quality of Gold Security at my/our cost at any time. person in any manner nor is it spurious or of inferior on receiving the delivery report of the same. The time
3. The valuation of the Gold Security shall be done by an quality as it has been acquired by me/us from genuine required for delivery will be included in the notice period
independent assayer appointed by the Bank and the Loan sources, is my/our bonafide property and no other provided in Clause 14 hereinabove and shall not be in
amount shall be determined by the Bank on the basis of the person has any claim, lien or charge against it. addition to the said notice period.
value of the Gold Security as set out in the valuation report (c) I / We confirm(s) that the value of the Gold Security as 16. In addition to any general lien or similar right to which the
supplied by the assayer. Such value shall be subject to the determined by the assayer and set out in the valuation Bank as bankers may be entitled by law, the Bank may at any
market price of the Gold Security from time to time. The report is acceptable and final and binding on me/us. time and without notice to me/us combine or consolidate all
amount of the Loan will be conveyed to me/us by and under or any of the my/our accounts with and liabilities to the Bank
(d) I / We shall utilize the Loan solely for the purpose stated and set off or transfer any sum or sums standing to the credit
a sanction letter. I/We agree to abide by the terms and in the application and will not be used for any speculative
conditions of the sanction letter. of any one or more of such accounts in or towards
or anti-social purpose. satisfaction of any of the my/our liabilities to the Bank on any
4. Upon maturity, I/We shall either repay the Loan alongwith (e) I /We shall perform and is/are bound by all the
interest, and such other dues as are payable by me/us to the other account or in any other respect, whether such liabilities
covenants/conditions set out herein, in the sanction be actual or contingent, primary or collateral and several or
Bank ("Dues") or I/We may, at any time, request a letter and any further conditions as may be prescribed by
renewal/enhancement of the Loan which the Bank may joint.
the Bank. 17. The Bank shall have the right to stipulate any other and
grant us at its sole and absolute discretion, subject to the
continuation of the pledge over the Gold Security in favour of 12. The Bank may, without assigning any reason and upon further terms and conditions that it may deem fit at any time
the Bank and provision of such other security and in such written notice mailed or delivered to me/us cancel in full or in prior to or after the grant of the Loan, which shall be binding
form as the Bank may require and such variations in the rate part the Loan and demand repayment thereof. Upon such on me/us. All rights of the Bank stipulated herein shall be in
of interest as the Bank may prescribe as per its policies notice, the said Dues shall become forthwith due and addition to the rights, powers and remedies available to the
prevailing at the time of such renewal/enhancement. payable by me/us to the Bank. Bank under law. The Bank reserves the right to retain the
5. At the time of renewal of the Loan whether during or after the 13. The following events shall constitute events of default under photographs and documents submitted with this application
expiry of the tenure of the Loan, I/We may request the Bank this Agreement ("Events of Default"), upon the occurrence of and will not return the same to the applicant.
to grant the renewal to me/us on a higher/lower loan-to- which the said Dues shall become immediately due and 18. All disputes arising out of and/or relating to this including any
value ratio or any other term which the Bank may allow at its payable by me /us to the Bank and further enable the Bank to collateral document shall be subject to the exclusive
sole and absolute discretion subject to payment of a such enforce the Gold Security and any other security furnished jurisdiction of the Courts/Tribunals of the city in which the
fee as the Bank may prescribe. hereunder and sell the same: branch of the Bank granting the Loan is situated.
6. The interest payable on the Loan shall be charged on (a) Failure on my/our part to perform any of its obligations 19. I/We understand that the sanction of this Loan is at the
actual/reducing basis shall be computed on the basis of a hereunder or under the sanction letter or if any discretion of the Bank and upon my executing necessary
year of three hundred and sixty- five days. Subject to circumstance or event occurs which adversely affects security and other formalities as required by the Bank. I//We
prevailing policy of the Bank with regard to (a) the Loan my/our capacity to repay the Loan or any part thereof or authorise the Bank to conduct such credit checks as it
amount applied by us and sanctioned to us; and/or (b) loan- perform any of my/our obligations. considers necessary in its sole discretion and also authorise
to-value, I/We may be required by the Bank to pay the (b) If any of the representations or statements or particulars the Bank to release such or any other information in its
interest amount either on front-end basis or monthly basis. made by me/us in its application, or herein are found to records for the purpose of credit of appraisal / sharing or for
The Bank may, at its sole discretion, shall also be entitled to be false, misleading or incorrect. any other purpose. I/ We further authorise the Bank to make
deduct, prior to the disbursement of any funds under the (c) If the Loan is not repaid on the date of maturity. any enquiries with any other finance company / bank /
Loan, from the total amount of funds made available to (d) In the event of non-servicing of interest by me /us on the registered credit bureau regarding my credit history with
me/us under the Loan, the total amount of interest payable due date. them and also authorise Bank to provide details of my credit
with respect to the Loan, including interest tax (if any). (e) Upon detection of any systemic fraud in relation to the history to any other bank / finance company / registered
7. I/We agree that the Loan may be prepaid, in whole or in part, quality of the gold by the Bank. credit bureau.
by me/us with the prior written consent of the Bank which (f) If the value of the said Gold Security falls lower than the 20. The Bank shall have the right to make disclosure of
written consent, the Bank may grant on such conditions as it required margin of the Bank as applicable from time to information relating to me/us to the Credit Information
may deem fit, including without limitation the payment of time, due to change in market price (whether actual or Bureau of India (CIBIL) and/or any other
prepayment or part payment charges as the case may be, as reasonably anticipated) or any other reason or if there is governmental/regulatory/statutory or private agency as
stipulated by the Bank, which prepayment and/or part any deterioration or impairment of any security or any required under law from time to time. I / We hereby authorise
payment charges may be applied and collected by the Bank part thereof, which causes the security in the judgment & give consent to the Bank to disclose, without notice to me,
either at the time of maturity or closure or renewal, whichever of the Bank to become unsatisfactory in character or information furnished by me in application form(s) / related
is earlier. Without prejudice to any other rights that the Bank value. documents executed / to be executed in relation to the
may have under law, in case of non-payment of any dues, I / (g) If it is discovered that there is any collusion between the facilities availed from the Bank, to the Bank's other
We shall be liable to pay additional interest/default interest at assayer and me/us resulting in a fraudulent and branches / Subsidiaries / affiliates / Credit bureau / Rating
such rate as may be prescribed by the Bank on the entire erroneous valuation of the Gold Security or in case the Agencies, Service Providers, banks / financial institution,
Loan plus the interest due on that date. Bank has a reasonable suspicion in this regard. governmental / regulatory authorities or third parties for KYC
8. I/We shall pay all costs, charges and expenses, including information verification, credit risk analysis, or for other
(h) If any attachment, distress, execution or other process
stamp duty and legal costs on actual basis and other related purposes that the Bank may deem fit. I/We waive the
against me /us or any of the security is enforced or levied
charges and expenses which may be incurred in preparation privilege of privacy and privity of contract.
upon;
of any documents related and/or incidental to the Loan, as 21. I/We confirm having received, read and understood the
(i) In the event of death, insolvency, failure in business,
also for the enforcement or attempted enforcement of the terms and conditions applicable to this Loan and accept
commission of an act of bankruptcy of either of us
security created. I/We authorise you to debit / credit my/our hereby without notice the terms and conditions
Borrower(s);
account(s) kept with Bank towards any charges / servicing unconditionally and agree that this terms and conditions
(j) An attempt by me/us, without prior written consent of the may be changed by the Bank at any time and will be bound
the Gold Loan.
Bank, to create any charge, lien, mortgage or any other by amended terms and conditions.
9. I/We hereby authorise Bank to carry out the RTGS / NEFT encumbrance over the security.
transaction as per detail mentioned in the application. I/We 22. I/We hereby confirm that the official of the Bank have read
14. Upon the occurrence of an Event of Default, the Bank shall and translated accurately the aforesaid terms and
understand that RTGS / NEFT request is subject to the RBI
be entitled to sell the Gold Security in the open market after conditions in my/our vernacular language and I / We have
regulations and guidelines governing the same. I/We further
giving me/us a notice of 7 business days which I/We agree is completely understood the same.
acknowledge that Bank accepts no liability for any
a reasonable period for the purposes of Section 176 of the

NOMINATION
Nomination in respect of Gold Jewellery / Ornaments pledged and in the custody of Bank. I/We _________________________________________________________________
name (s) and address(es) nominate the following person to whom in the event of my/ our death the Gold Jewellery /Ornaments pledged and in the custody of Bank, particulars
whereof are given below , may be returned by the Bank upon payment of outstanding amount in full ______________________________________________________________

Name & address of Nominee _____________________________________________________________________________ (please ensure that the nominees is not a minor).

Relationship with Borrower, if any __________________________________________________________________________________________________ Age __________

I /We confirm that this nomination shall override any other disposition made by me/us , whether testamentary or otherwise and the nominee shall become entitled to the return of the
Gold Jewellery /Ornaments pledged and in the custody of the Bank against payment of all outstanding to the Bank to the exclusion of all other persons. I/We further confirm that on
such return the Bank shall stand released & discharged.

Name of the Borrower (s): __________________________________________________________________________

______________________________________________________________________________________________

Place: __________________________ Date: __________________________ Signature of the Borrower(s)

REFERENCES
Please provide 2 references:

1. Name _______________________________________________ Tel.No. ______________ Mobile No. _______________ email Id. ____________________________________

2. Name _______________________________________________ Tel.No. ______________ Mobile No. _______________ email Id. ____________________________________