1. PURPOSE AND NATURE OF THE AGREEMENT
1.1 The purpose of this Agreement is to establish the terms under which the Dealer shall introduce eligible customers, facilitate approved sales, supply approved mobile devices to Asaan Lease, assist with documentation and verification, and facilitate customer handover in accordance with Asaan Lease Policies.
1.2 The Parties acknowledge that the intended commercial structure is based on sale and purchase transactions and not an interest-bearing loan or financing arrangement.
1.3 Intended transaction structure
The intended transaction structure is: Dealer → Asaan Lease → Customer
- the Dealer sells the approved mobile device to Asaan Lease;
- Asaan Lease acquires ownership and possession in accordance with the applicable transaction process;
- Asaan Lease subsequently sells the device to the approved customer at an agreed deferred sale price; and
- the customer pays the agreed sale price according to the agreed installment schedule.
1.4 The Parties intend that transactions shall be conducted in accordance with applicable law and the Sharia principles applicable to sale transactions, subject to the guidance of Asaan Lease's appointed Sharia adviser.
2. DEFINITIONS
For purposes of this Agreement:
- “Customer” means an individual whose application has been submitted, verified and approved by Asaan Lease.
- “Device” means the mobile phone approved by Asaan Lease for a particular customer transaction.
- “Dealer ID” means the identification/account assigned to the Dealer by Asaan Lease.
- “Dealer Incentive” means any incentive or performance-based payment payable under the prevailing Asaan Lease incentive policy.
- “Default” means failure by a customer to make an installment or otherwise comply with the applicable customer agreement within the prescribed period.
- “Asaan Lease Policies” means the customer eligibility, verification, sales, recovery, payment, device, incentive, compliance and other operational policies communicated by Asaan Lease from time to time.
- “Official Communication” means an official circular, portal notification, dealer application notification, email, written instruction or other formally designated communication channel.
3. APPOINTMENT OF DEALER
3.1 Asaan Lease appoints the Dealer as an authorized participating dealer subject to this Agreement and applicable Asaan Lease Policies.
3.2 The Dealer shall conduct all transactions strictly through the approved Asaan Lease process.
3.3 The Dealer shall not represent itself as an employee, financier, legal representative or agent of Asaan Lease beyond the authority expressly granted under this Agreement.
3.4 The Dealer shall not promise or guarantee customer approval, installment terms, discounts or other commitments on behalf of Asaan Lease without authorization.
4. DEALER-TO-ASAAN LEASE SALE
4.1 For each approved transaction, the Dealer shall sell the approved Device to Asaan Lease at the purchase price recorded or agreed in the Asaan Lease system.
4.2 Device requirements
The Device supplied shall be:
- genuine and original;
- brand new and unused;
- non-activated unless expressly permitted by Asaan Lease;
- free from undisclosed defects, liens or third-party claims; and
- exactly consistent with the approved model, variant and IMEI.
4.3 No substitution of Device or IMEI shall be permitted without prior authorization.
4.4 Upon completion of the applicable purchase and possession process, the Dealer shall treat the Device as belonging to Asaan Lease and shall not sell, pledge, transfer or otherwise dispose of it.
5. OWNERSHIP, POSSESSION, SHARIA COMPLIANCE AND DESIGNATED ASAAN LEASE REPRESENTATIVE
5.1 The Parties acknowledge that the transactions under this Agreement are intended to be conducted as genuine sale and purchase transactions and not as interest-bearing loans or financing arrangements.
5.2 The Dealer shall first sell the approved Mobile Device to Asaan Lease, and Asaan Lease shall acquire ownership and actual or legally recognized constructive possession of the Device before the corresponding sale is concluded with the Customer.
5.3 The Dealer shall cooperate in completing all ownership, possession, documentation, system and handover formalities necessary to ensure that the transaction is carried out in accordance with the intended Sharia-compliant sale structure.
5.4 For the purpose of facilitating the required possession and customer handover process, the Dealer shall nominate and appoint at least one salesperson as its designated representative for Asaan Lease transactions, unless an Asaan Lease-appointed promoter is already present and assigned to the Dealer's premises.
5.5 Where no Asaan Lease-appointed promoter is available at the Dealer's premises, the Dealer's designated salesperson shall, for the limited purpose of the approved Asaan Lease transaction, act as the designated representative of Asaan Lease and shall facilitate the physical handover of the Mobile Device to the approved Customer in accordance with the approved transaction process and applicable Sharia requirements.
5.6 Duties of the designated representative
The designated representative shall ensure, to the extent applicable to the transaction:
- confirmation that the required customer approval and documentation have been completed;
- confirmation of the approved Device, model, variant and IMEI;
- completion of the required system and security/locking formalities;
- confirmation that the Customer has accepted the applicable Customer Agreement and disclosed sale terms;
- facilitation of the Customer's prescribed Asaan Lease application and payment process; and
- physical handover of the approved Mobile Device to the Customer on behalf of Asaan Lease.
5.7 The Dealer shall ensure that its designated representative understands and follows the applicable Asaan Lease operational procedures and Sharia-compliance requirements relating to possession and customer handover.
5.8 Where an Asaan Lease-appointed promoter is present and assigned to the Dealer's premises, such promoter shall perform the relevant customer facilitation and handover responsibilities on behalf of Asaan Lease. In such circumstances, the Dealer shall not be required to separately appoint a salesperson as an Asaan Lease representative for those purposes.
5.9 The Dealer shall provide reasonable cooperation and access to the Asaan Lease-appointed promoter, where present, and shall ensure that the Device is made available to the authorized representative for completion of the approved handover process.
5.10 The Dealer shall notify Asaan Lease promptly if its designated salesperson is replaced, transferred or becomes unavailable.
5.11 The Dealer shall not independently hand over, sell, transfer or otherwise dispose of an approved Device outside the prescribed Asaan Lease transaction process.
5.12 The Dealer shall not represent that the Customer is purchasing the Device directly from the Dealer under the Asaan Lease installment arrangement.
5.13 The Parties acknowledge that the designated representative mechanism is intended to facilitate the proper sequence of ownership, possession, sale and customer handover and shall not alter the legal ownership of the Device or create any employment, agency or other relationship beyond the limited authority expressly provided under this Agreement.
5.14 Where Sharia interpretation or certification is specifically required, the relevant transaction process shall remain subject to the guidance of the qualified Sharia adviser appointed or approved by Asaan Lease.
6. DEALER SETTLEMENT
6.1 Subject to successful completion of the applicable transaction and verification requirements, Asaan Lease shall release the Dealer's agreed purchase amount within seventy-two (72) hours, subject to banking, system and operational requirements.
6.2 Any customer payment received through an approved channel on behalf of Asaan Lease shall be appropriately recorded and adjusted against the relevant transaction.
6.3 The Dealer shall not retain or collect any amount from a customer except where expressly authorized by Asaan Lease.
7. CUSTOMER APPLICATION AND VERIFICATION
7.1 The Dealer shall submit accurate, complete and genuine customer information and documents.
7.2 Prohibited verification practices
The Dealer shall not:
- forge or fabricate documents;
- alter customer information;
- manipulate verification;
- coach or mislead customers or guarantors;
- create fictitious customers;
- use another person's identity; or
- conceal material information relevant to the application.
7.3 Final customer approval shall remain exclusively with Asaan Lease.
7.4 The Dealer shall not guarantee approval to any customer.
7.5 The Dealer shall comply with all applicable KYC, verification and guarantor requirements communicated by Asaan Lease.
8. CUSTOMER DISCLOSURE AND TRANSPARENCY
The Dealer shall ensure that the customer is properly informed of:
- the Device being purchased;
- advance amount;
- total deferred sale price;
- number and amount of installments;
- installment schedule;
- approved payment methods;
- device security/locking arrangements; and
- relevant customer obligations.
The Dealer shall not make any representation inconsistent with the customer agreement.
9. CUSTOMER CHARGES
9.1 The Dealer shall not charge the customer any additional or unauthorized amount for:
- approval of a sales application;
- processing or approval of installments;
- customer verification;
- customer registration;
- use of the Asaan Lease payment system; or
- any other service forming part of the approved Asaan Lease transaction.
9.2 No customer shall be required to pay any undisclosed fee, commission or service charge in connection with an Asaan Lease transaction.
9.3 Any unauthorized customer charge may be treated as a breach of this Agreement and may result in appropriate corrective action.
10. CUSTOMER CONDUCT AND PROTECTION
10.1 The Dealer, its owner, employees and representatives shall deal with customers respectfully, professionally and fairly.
10.2 Prohibited conduct toward customers
The Dealer shall not engage in or permit:
- abusive, insulting or threatening language;
- harassment or intimidation;
- inappropriate pressure upon a customer;
- humiliating or disrespectful treatment;
- discriminatory or improper conduct; or
- any misconduct or misbehavior that may adversely affect the customer or the reputation of Asaan Lease.
10.3 Any serious or repeated customer complaint concerning misconduct or misbehavior may result in investigation and appropriate corrective action, including suspension of sales or Dealer ID where warranted.
11. SALES HOURS AND OPERATING DISCIPLINE
11.1 The official sales opening time for Asaan Lease transactions shall be 10:30 AM.
11.2 The official sales closing time shall be 8:00 PM.
11.3 Applications or sales submitted after the prescribed closing time may be processed on the next working day or according to the applicable system and operational policy.
11.4 The Dealer shall ensure that its relevant staff remain available during the prescribed operating hours for customer processing and handover.
12. DEVICE HANDOVER AND SECURITY
12.1 No Device shall be handed over until all required approvals, documentation and system requirements have been completed.
12.2 The Device handed over shall exactly correspond to the approved Asaan Lease transaction.
12.3 The Dealer shall ensure that the prescribed device security/locking solution is properly installed or activated as required.
12.4 The Dealer shall not remove, disable, bypass or interfere with the approved security solution.
12.5 The customer shall be guided regarding the prescribed Asaan Lease application and approved payment process.
13. INSTALLMENT REPAYMENT AND PAYMENT CHANNELS
13.1 Customers shall be directed to use the officially approved Asaan Lease payment channels.
13.2 Where the “Tap to Pay” option is available through the Asaan Lease application or approved security plugin, the customer shall be encouraged and guided to use that facility for installment repayment.
13.3 Installment repayments made through the approved Tap to Pay option using the Asaan Lease application, security plugin or other officially integrated automatic payment facility shall be processed through the applicable payment system.
13.4 Any installment payment made through a manual, alternative or otherwise authorized payment method may require additional verification and may take up to forty-eight (48) hours to process, subject to system, banking and verification requirements.
13.5 The Dealer shall not manipulate payment records, submit false payment evidence or represent an unprocessed payment as successfully settled.
14. DEVICE QUALITY
14.1 Every Device supplied by the Dealer shall comply with Asaan Lease's approved device quality requirements.
14.2 A Device supplied as new shall not be used, refurbished, repaired or previously activated unless specifically authorized by Asaan Lease.
14.3 A wrong, defective, previously activated or materially non-compliant Device supplied by the Dealer may be rejected or dealt with under the applicable Dealer device-quality procedure.
14.4 The Dealer shall bear responsibility for losses directly resulting from knowingly supplying a non-compliant Device or materially misrepresenting its condition.
15. CUSTOMER RETURN AND REPLACEMENT
15.1 Customer return, replacement, cancellation and defect rights shall be governed solely by the applicable Customer Agreement, Asaan Lease customer policy, manufacturer warranty/DOA policy and applicable law.
15.2 Nothing in this Dealer Agreement shall be interpreted as granting a Dealer any independent right to accept, reject, cancel or terminate a customer's sale or installment arrangement.
15.3 The Dealer shall not independently promise a customer a return, refund, cancellation, replacement or waiver unless expressly authorized by Asaan Lease.
15.4 Where a customer raises a return, replacement or defect claim, the Dealer shall refer the matter through the prescribed Asaan Lease procedure.
15.5 The Dealer's responsibility in relation to device quality shall remain limited to its obligations concerning the authenticity, condition and conformity of Devices supplied by the Dealer under this Agreement.
16. RECOVERY AND DEALER PERFORMANCE
16.1 The Dealer shall cooperate reasonably with Asaan Lease in maintaining quality sales and supporting recovery activities.
16.2 The Dealer may be requested to assist in contacting customers regarding overdue installments.
16.3 Customer default shall not automatically make the Dealer liable for the customer's outstanding debt.
16.4 However, where default performance is materially connected with Dealer fraud, negligence, misrepresentation, manipulation or violation of Asaan Lease policies, appropriate contractual action may be taken.
16.5 Asaan Lease may monitor the Dealer's default rate and overall portfolio performance.
16.6 Where the Dealer's default rate exceeds the applicable performance threshold communicated by Asaan Lease, Asaan Lease may, after appropriate review and/or corrective guidance, temporarily limit or moderate the Dealer's new sales volume until performance improves.
16.7 Where the Dealer's default rate exceeds 7% of its total sales, the Dealer's incentive eligibility may be reviewed and the applicable incentive may, where appropriate, be withheld or forfeited in accordance with the prevailing incentive policy.
16.8 The purpose of such measures shall be to encourage responsible customer selection and sustainable portfolio performance rather than to impose an automatic penalty for individual customer circumstances.
17. DEALER INCENTIVES
17.1 Dealer Incentives shall be governed by the prevailing Asaan Lease incentive policy.
17.2 Eligibility may depend upon sales volume, recovery/default performance, documentation quality, compliance and other applicable performance requirements.
17.3 An incentive shall not become unconditionally payable merely because a sale has been recorded.
17.4 Incentives may be withheld, adjusted or forfeited where the Dealer fails to satisfy applicable eligibility requirements, including the applicable default-rate threshold.
17.5 Any such adjustment shall be applied reasonably and in accordance with the prevailing policy and applicable law.
18. DEALER CODE OF CONDUCT
The Dealer and its employees shall:
- deal honestly and professionally with customers;
- maintain respectful conduct;
- protect customer confidentiality;
- avoid unauthorized charges;
- follow all verification procedures;
- supply genuine and approved Devices;
- protect Asaan Lease property and systems;
- avoid manipulation or fraud;
- cooperate with recovery and compliance procedures;
- cooperate with audits and inspections; and
- protect the reputation and integrity of Asaan Lease.
19. PROHIBITED DEALER CONDUCT
The Dealer shall not:
- forge or manipulate documents;
- manipulate verification;
- create fictitious applications;
- misrepresent customer information;
- submit a previously activated Device as new;
- alter or manipulate IMEI information;
- bypass or disable the Device security system;
- charge unauthorized customer fees;
- misrepresent installment terms;
- guarantee customer approval;
- misuse customer information;
- interfere with recovery procedures;
- use another Dealer's ID without authorization;
- permit unauthorized persons to use its Dealer ID;
- engage in misconduct or misbehavior with customers; or
- engage in any act that materially damages the reputation, financial interests or regulatory standing of Asaan Lease.
20. RECORD KEEPING AND AUDIT
20.1 The Dealer shall maintain accurate records of Asaan Lease transactions, including customer documentation, Device/IMEI information, handover records, retained materials (Box / Bank cheque) and other documents required by Asaan Lease.
20.2 Asaan Lease may conduct reasonable audits or inspections of transactions conducted under this Agreement. Dealer shall be legally bound to provide, to authorized representative of Asaan Lease, proof of transaction / sales invoice of every successful sales conducted with Asaan Lease.
20.3 The Dealer shall cooperate with authorized representatives and provide requested records within the prescribed period.
21. CONFIDENTIALITY AND CUSTOMER INFORMATION
21.1 The Dealer shall maintain confidentiality of all customer and Asaan Lease information.
21.2 Customer information shall only be used for authorized business purposes.
21.3 The Dealer shall not sell, disclose, publish, transfer or misuse customer information.
21.4 The Dealer shall take reasonable measures to prevent unauthorized access to customer documents and information.
22. DEALER LIABILITY
22.1 The Dealer shall be responsible for direct losses arising from its fraud, forgery, deliberate manipulation, unauthorized representation or material breach of this Agreement.
22.2 The Dealer shall be responsible for reasonable direct losses arising from the supply of a materially non-compliant Device where such non-compliance is attributable to the Dealer.
22.3 Nothing in this Agreement shall make the Dealer automatically liable for a customer's genuine inability or unwillingness to repay where the Dealer has complied with its obligations.
23. DEALER ID SUSPENSION OR RESTRICTION
Asaan Lease may temporarily restrict or suspend the Dealer ID where there is reasonable evidence of:
- fraud or forgery;
- verification manipulation;
- repeated device non-compliance;
- serious or repeated customer complaints;
- unauthorized customer charges;
- abnormal or excessive default performance;
- unauthorized use of the Dealer ID;
- serious misconduct; or
- material policy violations.
Where appropriate, the Dealer may be given an opportunity to respond or undertake corrective measures before final action, except where immediate action is reasonably necessary to protect customers, assets, systems or the integrity of the business.
24. TERMINATION
24.1 Either Party may terminate this Agreement by giving 30 days' written notice, subject to settlement of outstanding obligations.
24.2 Asaan Lease may suspend or terminate the Dealer relationship in cases involving serious fraud, forged documents, material policy violations, repeated misconduct, unauthorized charges, misuse of customer information, material damage to Asaan Lease or other serious breach of this Agreement.
24.3 Where a breach can reasonably be corrected, Asaan Lease may provide the Dealer an opportunity to rectify the breach before termination.
25. CONSEQUENCES OF TERMINATION
Upon termination:
- the Dealer shall cease representing itself as an authorized Asaan Lease Dealer;
- the Dealer shall return Asaan Lease property, documents and materials;
- pending transaction matters shall be settled as directed by Asaan Lease;
- customer-related records shall be handed over where required; and
- undisputed amounts shall be settled subject to lawful adjustments and applicable policies.
Termination shall not affect obligations or rights accrued before termination.
26. POLICY UPDATES
26.1 Asaan Lease may issue or amend operational policies relating to:
- customer eligibility;
- verification;
- documentation;
- Device requirements;
- payment procedures;
- recovery;
- incentives;
- sales targets;
- Dealer performance; and
- customer protection.
26.2 Such policies may be communicated through Official Communication.
26.3 The Dealer shall comply with applicable policy changes from their effective date.
26.4 Any amendment affecting the fundamental legal or commercial structure of this Agreement shall be documented appropriately.
27. DISPUTE RESOLUTION
27.1 The Parties shall first attempt to resolve disputes through good-faith negotiation.
27.2 Where appropriate, the matter may be referred to mediation or another mutually agreed dispute-resolution mechanism.
27.3 Where a dispute specifically concerns Sharia interpretation, it may be referred to the Sharia adviser appointed or approved by Asaan Lease for an opinion, without prejudice to the legal rights of either Party.
28. GOVERNING LAW
28.1 This Agreement shall be governed by and interpreted in accordance with the applicable laws of the Islamic Republic of Pakistan.
28.2 The Parties intend that the transactions contemplated under this Agreement shall, to the extent legally permissible, be implemented consistently with applicable Sharia principles.
29. NOTICES AND OFFICIAL COMMUNICATION
29.1 Formal notices shall be communicated through the official contact details recorded by the Parties.
29.2 Operational instructions may be communicated through the Asaan Lease portal, Dealer application, official email, circulars or other formally designated channels.
29.3 The Dealer shall maintain updated contact information and remain responsible for reviewing Official Communications.
30. SEVERABILITY
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue to the extent permitted by law.
31. ENTIRE AGREEMENT
This Agreement, together with applicable schedules and duly issued operational policies, constitutes the understanding between the Parties concerning the Dealer relationship. Where there is an inconsistency:
- applicable law shall prevail;
- fundamental contractual terms shall prevail over routine operational instructions where legally required; and
- applicable operational policies shall govern matters expressly delegated to policy.
32. AMENDMENTS
Fundamental amendments to this Agreement shall be made in writing and duly authorized by the Parties. Operational requirements may be amended through Official Communication where this Agreement permits.
33. DEALER ACKNOWLEDGEMENT
The Dealer confirms that it:
- has read and understood this Agreement;
- agrees to comply with Asaan Lease Policies;
- understands that final customer approval rests with Asaan Lease;
- understands its responsibilities concerning customer documentation and verification;
- understands the Dealer-to-Asaan Lease-to-Customer transaction structure;
- understands the Sharia-compliant sale and possession requirements;
- agrees not to charge unauthorized customer fees;
- agrees to maintain professional and respectful conduct with customers;
- agrees to comply with prescribed sales hours;
- agrees to nominate a salesperson responsible for facilitating authorized customer handover on behalf of Asaan Lease;
- understands that customer default does not automatically make the Dealer liable for the customer's outstanding debt;
- understands that sustained default performance may result in sales limitations or incentive review; and
- agrees to cooperate with Asaan Lease's recovery, payment, compliance and operational procedures.