A car rental agreement with the right to buy is a mixed type document that includes provisions on acts of purchase and sale and rental of the established vehicle. From a legal point of view, this document is not identical to the installment sale deed.

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All payments made for the car before it is transferred into the ownership of the owner are considered lease payments. This feature document allows you to recall movable property to the owner without compensation payments to the tenant.

Under a lease with option to buy:

• a tenant is a person who has entered into a property lease agreement with the owner with the possibility of subsequent purchase;
• The lessor is the owner of the car transferred for temporary use.

This service is in high demand modern market property and has a number of features.

Peculiarities

Renting a car with the right to buy allows you to enter into the right to use the car immediately after the transaction is concluded, while extending the process of paying the cost. Despite the risks of acquisition, this agreement has a number of advantages.

Among them are:

• less stringent requirements for tenants than when issuing credit loans: the age threshold has been reduced to 19 years and is not limited to retirement age, citizenship is not a prerequisite (renting is available to pensioners, students and residents of the Russian Federation);
• the amount of regular payments and residual value cars are specified in the terms of the contract, and the frequency of contributions can vary from daily to quarterly (if the contribution is not paid by the deadline, the car is withdrawn from use);
• procedures for issuing CASCO and OSAGO policies are the responsibility of the lessor, payment for them is the responsibility of the tenant (the total amount can be distributed among regular contributions, or included in a separate rate);
• the tenant drives the car by proxy throughout the entire rental period, since title documents are issued in the name of the lessor;
• You can exercise the right of redemption either at the end of the lease period or ahead of schedule (for this you need to pay full amount specified in the act);
• for the duration of the transaction, the right to use the car is distributed between the owner and the recipient, therefore the former has the right to indicate in the “Operating conditions” column any restrictions from territorial to temporary.

Like any document, the act of renting a car with the right to buy has special essential conditions.

Essential conditions

The following concepts are recognized as the essential terms of the agreement:

• subject of the agreement;
• size and application rules redemption value;
• conditions for transferring the right of use.

Subject of the agreement in accordance with the basics of jurisprudence, a specific vehicle is recognized. When filling out the document, the lessor indicates all the characteristics movable property: registration data, technical specifications, mileage.

If this norm is not observed, the lease agreement in accordance with Federal Law of the Russian Federation No. 14 (clause 3., Article 607) can be terminated, provided that the car has not yet been transferred to the use of the lessee.

Amount and terms of payments. By agreement of the parties, the redemption value can be the total amount of payments, or the amount of payments + a fixed amount (balance). The deadline for payment is entered into the document and serves as the basis for termination of the contract.

The contract price of the car includes operating costs, depreciation, taxes, income and risks of the lessor.

The conditions for the transfer of rights are determined by agreement of both parties. The parties to the transaction determine in which case the car becomes the property of the lessee:

• after paying the full cost of the car;
• upon expiration of the lease term.

The conditions for the transfer of movable property into ownership are regulated by clause 1, article 624 of the Civil Code of the Russian Federation.

Ratio of purchase price and lease payments

Funds contributed under the agreement have a dual status:

• rental payment status;
• the status of the redemption price, which is established for the acquisition of ownership of the subject of the contract.

In the event of termination of a lease with option to buy, tenants often try to get the invested money back in court. This can only be done if the judge declares the condition of the redemption price invalid. IN in this case the contract will be qualified as not concluded.

In addition, in the contract itself, in the “Termination of the contract” column, you can specify the conditions under which the parties have the right to terminate the transaction in unilaterally.

How to compose

The parties to the transaction can be both individuals and legal organizations. The presence of 3 persons (intermediaries) is not prohibited by law.

In cases where the trustee represents the interests of the lessor or company, his details are also indicated in the contractual act. The representative must have a power of attorney or permission with the seal and signature of the legal entity.

A lease agreement with an option to buy is drawn up in the same form as the deed of sale and purchase and has 8 sections. The introductory part contains information about the date and place (city) of the conclusion of the act, data of the landlord and tenant.

In the “Subject of the contract” section, precise information about the car is specified:

• license plate;
• number, brand, color;
• date of manufacture;
• operational goals.

The owner of the property indicates the terms of the lease and its end date. “Rights and obligations of the parties” contain information about operating conditions and possible reasons termination of the contract.

In the “Settlements under the agreement” section, the total cost of the funds, the amount of fixed payments and payment deadlines are stated.

The blocks “Responsibility of the Parties” and “Dispute Resolution” contain excerpts from the Civil Code of the Russian Federation. The “Final Provisions” section is required.

It indicates the payment details of the tenant and the lessor, and also lists additional acts attached to the document. The agreement comes into force after signing by both parties.

A sample car rental agreement with the right of subsequent purchase can be said by.

Registration procedure

Registration of lease transactions with subsequent redemption traffic police officers are in charge. At the specified time, the parties to the transaction must personally submit a personal package of documents to the territorial office of the service.

An employee of the authorities accepts the papers, checks the correctness of completion and authenticity. After the reconciliation act, the traffic police officer agrees to transfer the car to the tenant for use.

What documents are needed

Each of the parties to the agreement provides the traffic police with a personal package of documents. For individuals it includes:

• identification;
• document confirming registration at the place of registration/stay;

For legal entities:

• OGRN certificate;

• company charter;
• tax registration certificate;

• representative's identity card.

A registration package is submitted for consideration, including:

• application for vehicle registration;
• receipt of payment of state duty;

• renter's insurance policy;
• vehicle registration plates;
• lease agreement with option to buy in 3 copies.

The act of accepting the transfer of transport is a document confirming the conclusion of a transaction between the tenant and the lessor. Contained in 2 copies, displays information about the technical condition of the car, the presence of defects, its equipment, and mileage.

It is an attachment to the lease document. It can serve as a basis for resolving legal disputes in the event of improper operation of a car.

You can download the vehicle acceptance certificate form at.

Sample filling:

Additional terms

The lease with subsequent purchase agreement must include the following additional conditions:

Features in the interests of the employer

In legal practice, there are several car rental agreements:

• with crew ( labor Relations with the landlord);
• without crew (civil law).

When renting without a crew, the employer receives a car (often his employee) for use. In this case, the tenant is exempt from paying transport and property taxes.

The “uncrewed” mark saves the employer from compensation payments for employee use personal car for official purposes. Otherwise, the employer is obliged to pay the employee the costs of servicing the car.

A car rental agreement between an individual and a legal entity carries more risks, since it is more difficult for the organization to be brought to justice. According to the updated legislative framework In the Russian Federation, an organization declared bankrupt is exempt from mandatory payments.

In this regard, fines for late payments and damaged property can also be waived from the tenant company.

A car rental agreement with the option of subsequent purchase is an excellent alternative to a credit loan. It is often used by people with a bad credit history, foreign citizens and people of retirement age.

Employers when hiring employees with personal car They can also conclude this agreement, indicating in the document that they are renting a vehicle without a crew.

All mutual settlements are made without the participation of 3 persons. The agreement can be terminated unilaterally. Damage to property and non-payment of rental fees are grounds for alienation of lease rights.

Many potential buyers are faced with the inability to pay the entire amount at once. For such clients, car dealers have developed several gradual payment schemes for purchases. One of them is with the right of redemption, which differs favorably from or in that the buyer and seller (lessor) enter into a transaction directly, without the participation of third parties.

What is car rental with option to buy?

Renting a vehicle with the right to buy allows the buyer to agree with the seller on gradual purchase cars directly, without involving any financial intermediaries, such as credit or leasing structures, and saves him from paying for their services. The Civil Code provides for two forms of redemption:

1. The residual (redemption) value is included in the amount of monthly rental payments and is paid throughout the rental period in equal installments. In this case, at the end of the lease, the car goes to the tenant without any additional payments.
2. Lease payments only partially cover the cost of the car. With this option, in order to receive ownership of the car after the end of the lease period, you need to pay the residual value.

This type of rental has its advantages over other methods of purchasing a car in installments:

• Possibility to agree on a phased payment schedule for the cost of the car without prepayment or advance payment.
• There are only two parties involved in the transaction, which significantly reduces risks.
• No proof of income is required.
• Solution of legal, legal and technical issues, directly related to the operation of the car, is borne by the lessor (the cost, etc. is usually simply included in the amount of the contract).
• The lessee can sacrifice the amount paid and refuse to buy out, or renew the contract for another car.

An eyewitness in the video below will tell you whether it is worth renting out a car with the right to buy:

How to apply

With subsequent buyout, the process is simple and requires minimal effort, which is an additional attractive factor.

Required documents

In order to be able to rent a car you must have:

• Valid passport with local registration.
• with an open corresponding to the selected vehicle.

But that's not all. In order to be able to drive away in the selected car immediately after the transaction is concluded, you need to complete:

• A lease agreement with a right of purchase specified therein.
• Agreed rent payment schedule.
• Power of attorney for the received car.
• Certificate of acceptance and transfer of the rented car.

A little about the agreement

Has its own specific features. And so that in the end it doesn’t lie in wait an unpleasant surprise, when signing a contract, you should pay attention to the following:

• The agreement can be executed in any format, but a notary's signature is desirable.
• Correct spelling of passport data of both contracting parties.
• A detailed description of the car, including model, color, number, production date, engine and body numbers and technical condition of the vehicle.
• The date when this contract was concluded and the period of its validity.
• Agreed price of the vehicle.
• Terms and amounts of monthly payments.
• There must be a mention of the right of redemption and a description of the conditions under which the buyer can exercise this right.

Sample contract for renting a cargo or passenger car(car, car) with the right of subsequent redemption you can find here.

A specialist will tell you how to rent a car with the right to buy in the video below:

Procedure

1. Choosing a car brand and rental company.
2. Visit to the seller’s office, preliminary negotiations and calculation of the amount and payment schedule.
3. Providing your documents to the company to complete the transaction and checking the technical condition of the rented car.
4. Conclusion of the contract and signing necessary documents. Negotiation of insurance terms.
5. Receipt of the vehicle according to the acceptance certificate.
6. Operation of the car by the lessee and timely payment of rental payments.
7. Receiving ownership of the car after fulfilling all terms of the contract.

Cash spending

Before concluding a lease agreement, the parties must agree on its price, which will exceed the cost of the car itself.

This is due to the fact that the lessor assumes obligations for the maintenance and upkeep of the vehicle, and when calculating the price for renting a car with subsequent purchase, includes it. Car rental with subsequent purchase provides a number of advantages for the lessee - the future owner of the car. The main advantage is the availability of purchasing a car. In order not to make a mistake with correct design

a lease agreement with the right to buy a car, in this article we will consider the main sections of the agreement, drafting options, its mandatory conditions and the procedure for registering a car.

Mandatory terms of a lease agreement with the right to buy a car Before a car enthusiast proceeds to directly concluding a car rental agreement with subsequent purchase, he needs to decide on the make, model and main future acquisition, as well as its redemption value. All these conditions will be mandatory for concluding a lease agreement with the right to buy a car. The main characteristics of the car must be indicated in such detail that it is possible to accurately determine that this is exactly the car and not some other. If the specified mandatory conditions are not specified in the contract, the car rental agreement with the option to purchase will be considered invalid.

The contract must contain a clause stating that the rented car can be transferred into the ownership of the lessee; such a right is provided for by Russian legislation. In this case, ownership can pass to the lessee either upon the expiration of the lease term or before its expiration, provided that the lessee pays the entire redemption price of the car.

Important: the rent paid by the tenant will be both a payment for renting a car and a payment for the redemption price of the car. If the contract is terminated before its expiration and without final payment of the redemption price, the lessee has no right to demand the amount paid, since it is a payment for the use and ownership of the car.

How to draw up a car rental agreement with the right to buy (sample)

By lease agreement with the right to buy a car The lessor transfers a vehicle (car) for temporary use and possession to the lessee for a rent. Parties to lease agreement with the right to buy a car can be both individuals and legal entities. A representative may represent the interests of a legal entity by proxy. In such a situation, the contract must indicate the details of the representative’s power of attorney, and a copy of the power of attorney must be attached to the contract.

Don't know your rights?

The subject of the contract will be the characteristics that define the car; they should be specified in detail in the section on the subject of the contract. The car is subject to transfer according to the acceptance certificate, which will be an annex to the concluded agreement. The transfer and acceptance certificate itself should again reflect the characteristics of the car, its possible disadvantages and no complaints about the condition of the car on the part of the lessee.

• the lessee's right to subsequent repurchase of the car;
• the redemption value of the car, objectively determined by the parties;
• the procedure for transferring ownership of a vehicle to the lessee.

Important: in order not to get confused with the application of car rental and purchase provisions in the contract, we recommend that the procedure for transferring ownership to the lessee be included in a separate additional agreement of the parties, which will become an integral part of the contract and the basis for re-registration of the car with the traffic police. If the lessee refuses the right to buy the car, such an agreement will not be concluded. The agreement must indicate the fact of payment of the redemption price, which will be the basis for the transfer of ownership of the car to the lessee.

The content of the following sections will coincide with the usual provisions of a vehicle rental agreement, so we will dwell on them briefly.

1. Duties of the parties. The main things for the lessor here will be: issuing a power of attorney for the lessee, as well as handing over the car in technically sound condition, suitable for its use. In this case, tools and documents must be transferred along with the car, without which it is impossible to use the car.

   The tenant has the following obligations: accept the car from the lessor and return it in case of refusal of the right to purchase the car; accept responsibility for the risks associated with accidental destruction, loss or damage to the vehicle that arise after its acceptance; carry out car repairs; make rent payments on time.

2. It is necessary to stipulate in the contract detailed order making payments, including timing and amount rent.
3. The liability of the parties, as well as the procedure for early termination of the contract, are directly provided for by the current legislation, and therefore in the contract it is sufficient to indicate a reference to the operation of the law in the event controversial situations or the occurrence of circumstances not provided for by the agreement. A rental agreement with subsequent purchase of a car comes into force from the moment of transfer of the car and is valid until the date determined by the parties.
4. A car rental agreement with the right to buy must be concluded in three copies, one each for the lessor, the lessee and the traffic police authorities that register the car.

Important: a car rental agreement with subsequent purchase does not require notarization; a simple written form of the agreement is sufficient.

What documents are required for concluding a contract and registering a car for rent with the right to buy a car?

To conclude a car rental agreement with the right to buy, the following documents of the parties are required:

• for individuals - passport, document confirming registration at the place of stay (temporary registration);
• for legal entities - the constituent documents of the organization (OGRN certificate, tax registration certificate, charter), an identification document of the director, or another person entering into an agreement on behalf of the organization (in this case, a power of attorney is also attached).

Important: to verify a legal entity, you can view an extract from the Unified State Register of Legal Entities (USRLE), issued no later than 30 days before the verification. It can be requested by an organization tax authorities. The extract contains information about the status of the legal entity, whether it is active or, for example, in the process of reorganization. Also on the sites arbitration court in the corresponding region, you can look in the file of cases using the details of the organization to see if the legal entity is involved in legal disputes. Such participation is not an obstacle to concluding an agreement, but can characterize the organization from the point of view of fulfilling obligations.

To register a car rental agreement with subsequent purchase, you must provide the following documents to the traffic police:

• registration application;
• documents necessary for concluding an agreement (see above);
• receipt of payment of state duty;
• vehicle passport (PTS);
• car rental agreement with subsequent purchase with all attachments;
• insurance policy;
• registration plates, if issued.

I recently learned that it is possible to draw up a lease with option to purchase agreement for a car. This option is very convenient, because you don’t need to pay money right away, and all rental payments will go towards the cost of the car. I decided to try to look for such offers on the car market, and it turned out that there were a lot of them.

Somehow I had to protect myself so that in the future the seller would not change his mind and appropriate the money I paid for rent. I contacted a lawyer and he advised me to draw up a contract correctly or use a standard template.

As it turned out, if you take into account all the essential aspects of the transaction, it is indeed possible to purchase a car with subsequent redemption. I will tell you how to do this in my article.

Before starting to describe the features and nuances of the lease agreement with further ransom vehicle, you need to find out which conditions of the document are mandatory. The fact is that without specifying individual clauses, the contract will not be considered valid even after signing.

So let's consider mandatory conditions arrangements:

1. Personal data of the parties to the transaction.
2. Full description of the vehicle: its make, model, color, other characteristics.
3. Rental and purchase price of transport.
4. Deadlines for completion of rent payments and payment of redemption price.
5. Date of transfer of the car to the new owner.

Without the presence of these characteristics, the contract will not be considered valid and legal force will not receive it even if both participants sign it. All other points are optional, although their presence is desirable.

How to draw up a lease-purchase agreement correctly

It is quite easy to draw up an agreement with the right of redemption if you use a standard template, but still, it is better to involve an experienced lawyer in this action, since some difficulties may arise. An agreement of this nature has many advantages.

For example, when the buyer does not have the required amount Money. According to the law, not only citizens, but also legal entities can use this method.

Before concluding such a transaction, the parties should take into account some nuances, namely, the agreement must indicate the following points:

1. The document must indicate that the tenant has a legal right to purchase the property in the future. Moreover, it is important to include that the lessee can buy the car immediately upon expiration of the lease agreement.
2. The method of payment in a lease agreement and in a bill of sale is different. In the first case, you pay for the rental, which is included in the total cost of the car, and in the second, you simply pay for the purchase.
3. The contract must fully describe the property that the citizen receives for rent in order to avoid problems with the condition of the transport in the future.
4. The lessee's obligation to transfer the vehicle upon completion of the lease period and in the event of full redemption payment should be indicated.

Additionally, it should be noted that future owner may not fulfill obligations to buy back the vehicle, since this is his right and he can refuse it. In other words, when concluding such an agreement, the potential buyer may refuse to purchase the car in the future, but only use it during the lease.

What points should be considered when concluding a transaction?

The lease agreement will require three written copies. Visually, the document resembles a regular lease deed, only some more elements from the deed of sale are added to it. Registration of the document is not required. Immediately after paying the redemption amount, the new owner will have to contact the traffic police and register the purchased car.

It is important to emphasize that concluding such an agreement does not eliminate risks. The fact is that the tenant has the right to use the car even before it becomes his property, which can lead to damage to the vehicle or even its death.

What documents are needed to complete the transaction?

To enter into a lease agreement of this kind, the parties to the transaction will need to take care of the preparation necessary documentation. In particular, we're talking about about the following papers:

• constituent documents;
• manager's passport;
• power of attorney, if necessary.

As general documentation, the following should be noted:

• all technical papers for the vehicle (PTS, STS, insurance);
• a document confirming a specific person's ownership of a car.

It would be a good idea to check the car for theft and involvement in an accident. In addition, the property should not be pledged to the bank. Additional paperwork may be required, but this is at the discretion of the parties to the transaction.

Conclusion

Summing up, several conclusions can be drawn at once. On the one hand, this option for concluding an agreement allows the parties to the transaction to pay off the cost of the car gradually and use the transport until it is officially registered as ownership.

On the other hand, this form of legal relations between the seller and the buyer of the car has certain disadvantages and is accompanied by high risks.

Sample vehicle rental agreement

Agreement

vehicle rental

with the right of subsequent redemption

website)

Long-moving city “35”, 2050

Muller Melnik Shpionovich (passport 1234 No. 123456; issued by the department of the Federal Migration Service of the Russian Federation for technical inspection, in the Soviny district of Antononarivo on December 12, 1212) on the one hand, hereinafter referred to as landlord and Sumer Vavilon Akkadovich (report, date),hereinafter referred to astenant,
have entered into an agreement as follows:
1. The Subject of the Agreement

1.1 The lessor leases out and the lessee accepts for use a vehicle - TAZ 12345, light gray in color, with the number ( VIN ) XTH 000000 Y 000000, with engine number 00000 F-Y 0000000., owned by the lessor on the basis of ownership, which is confirmed by the vehicle passport.

1.2 For the use of the vehicle, the parties established a payment of 1000000000 rubles. (billion rubles) monthly, starting from the moment the contract is concluded.

1.3 The total cost of the vehicle is set at RUB 10,000,000,000. (ten billion rubles).

1.4 The vehicle becomes the property of the lessor after payment of the full cost of the vehicle (ten billion rubles).

2. Rights and Obligations of the parties

2.1 The Lessor undertakes to transfer the vehicle for use to the Lessee no later than 24 hours from the date of signing the agreement (“April 40, 2121”).

2.2 The Lessee undertakes to make the payment established for the use of the vehicle on a monthly basis, no later than April 41 of each month.

2.3 The lessee undertakes to keep the vehicle in proper technical condition during the entire rental period. In the event of a breakdown, the tenant is obliged to repair necessary repairs vehicle at your own expense.

2.4 The lessor has the right to check the technical condition of the vehicle during the rental period, before the vehicle becomes the property of the lessee.

2.5 The Lessee shall reimburse the cost of the technical inspection and compulsory insurance vehicle to the lessor

2.6 The lessee shall reimburse the costs of paying taxes on the vehicle to the lessor, if necessary, during the rental of the vehicle.

2.7 The lessor is obliged to provide the lessee with payment documents (receipts for payment for technical inspection, car insurance, tax fees).

3. Responsibility of the parties

3.1. The Lessor has no right to lease the above-mentioned vehicle to third parties during the validity of this agreement. In case of violation by the lessor of this clause of this agreement, the lessor shall pay the lessee a penalty in the amount of one month's rent for the vehicle.

3.2. The lessor has no right to use the vehicle for personal purposes without the written consent of the lessee.

3.2. If the lessee transfers the vehicle for sublease to third parties, the lessee pays the lessee an amount equal to half the monthly rent for the vehicle (12,345 rubles (one two three four five rubles)), for each month of sublease of the vehicle, in addition to the monthly payment, established by the parties in this agreement

3.3. In case of improper use of the vehicle by the lessee, this agreement is terminated, and the lessee pays the lessor a penalty in the amount of one monthly rental payment in the amount of _ rub. (__ rubles).

3.4. For each day of delay in the monthly rent payment, the tenant is obliged to pay the landlord a penalty in the amount of _% of the amount of one monthly rent (__ rubles).

3.5. In case of malicious withholding of rent by the tenant (more than a month), the vehicle is returned to the lessor, and the tenant pays the lessor an amount corresponding to the time the vehicle was held, based on established value rent – ​​___ rub. per month; as well as a penalty in the amount of a fine for each day of delay in payment.

3.6. The lessor has no right to demand the elimination of vehicle malfunctions identified before the conclusion of this agreement at the expense of the lessee.

4. Force majeure

4.1. In case of force majeure, which includes circumstances beyond the control of the parties to the contract ( natural disasters, military actions), neither party bears responsibility.

5. Termination of the contract

5.1. This agreement may be terminated by the parties upon reaching agreement in writing, signed by both parties.

5.2. In the event of unilateral termination of the agreement by the lessor, without the fault of the lessee, the lessor shall pay the lessee a penalty in the amount of one monthly rent established by this agreement, in the amount of 000 rubles. (... thousand rubles).

5.3. In the event of unilateral termination of this agreement by the lessee, without the fault of the lessor, the lessee pays the lessor a penalty in the amount of one monthly rent (fifteen thousand rubles), the costs of technical inspection and compulsory car insurance incurred during the validity of this agreement, and returns the vehicle to the lessor. Funds paid for the use of the vehicle by the lessee or the lessor are not returned.

5.4 Tax fees, receipts for which are received by the lessor during the validity period of this agreement, are also reimbursed by the lessee in the event of termination of the agreement on his initiative

5.5. In the event of termination of the contract at the initiative of the lessor, without the fault of the tenant, tax fees, receipts for which were received by the lessor during the period of validity of the agreement, but not repaid, are paid at the expense of the lessor.

5.6. If the vehicle is rendered unusable by the lessee, the lessee shall pay the lessor full price vehicle established by the parties in this agreement, minus the monthly payments already made (150,000 rubles, minus the amount of payments made).

5.7. If the tenant refuses to repair the vehicle at his own expense, if the vehicle breaks down during use by the tenant, the lessor, on the part of the tenant, is paid the amount necessary to repair the vehicle, and this agreement is terminated. The vehicle is returned to the lessor.

Date of___________________________________________

Signatures of the parties:

Payouts:
amount date signature
(a sample agreement was compiled by the author of the blog “Legal Journal”
website)

Act reception and transmission vehicle

The act of acceptance and transfer of the vehicle is an integral part of the contract.

____________G.,vehicle – TAZ 123456, light gray, number ( VIN ) XTH 123450 Y 123456, with engine number 12345 F-Y 1234567 transferred by the lessor for the use of the lessee.

TO technical condition the lessee has no complaints about the vehicle.

Malfunctions occurring at the time of transfer of the vehicle for use to the lessee:

______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Date of____________________

Signatures of the parties:

Lessor _______________________ Tenant _____________________
I hope the sample was useful to you,
Best regards, RightJournal