The Bill of Sale Finance Agreement is a crucial document in Australian secured financing transactions, used when a lender provides funding for the purchase of goods while taking security over those goods. This agreement type is commonly used in both consumer and commercial contexts, particularly for vehicle financing, equipment purchases, and other significant asset acquisitions. The document must comply with the Personal Property Securities Act 2009 (Cth), and where relevant, the National Consumer Credit Protection Act 2009 (Cth) and state-specific legislation. It serves multiple purposes: documenting the sale transaction, establishing the financing arrangement, creating an enforceable security interest, and setting out the parties' rights and obligations. The agreement typically includes detailed descriptions of the financed goods, payment schedules, security arrangements, and enforcement provisions.
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1. Parties: Identification of the Finance Provider and the Purchaser/Borrower with full legal names and details
2. Background: Context of the agreement including the purchase of goods and financing arrangement
3. Definitions and Interpretation: Key terms used throughout the agreement and rules for interpretation
4. Sale and Purchase: Details of the goods being sold and purchased, including description and price
5. Finance Terms: Loan amount, interest rate, payment schedule, and total amount payable
6. Security Interest: Creation of security interest over the goods and PPSA-specific provisions
7. Representations and Warranties: Statements and guarantees made by the Purchaser regarding their capacity and the goods
8. Insurance and Risk: Requirements for insurance of goods and allocation of risk
9. Default and Enforcement: Events of default and the Finance Provider's enforcement rights
10. General Provisions: Standard boilerplate clauses including notices, governing law, and dispute resolution
1. Guarantor Provisions: Required when a guarantor is providing additional security for the loan
2. Special Conditions: Used when there are specific requirements or variations to standard terms
3. Direct Debit Authority: Include when automatic payments are being established
4. Privacy and Credit Reporting: Extended privacy provisions when detailed credit checking is required
5. NCCP Declarations: Required when the agreement falls under National Consumer Credit Protection Act
6. Business Purpose Declaration: Include when confirming the goods are for business use to exclude consumer protections
1. Schedule 1 - Details of Goods: Detailed description of financed goods including serial numbers and specifications
2. Schedule 2 - Payment Schedule: Detailed breakdown of payments including dates, amounts, and interest calculations
3. Schedule 3 - Insurance Requirements: Specific insurance requirements and minimum coverage
4. Appendix A - Credit Quote: Mandatory credit quote under NCCP Act if applicable
5. Appendix B - Direct Debit Request Form: Standard form for setting up direct debit payments
6. Appendix C - PPSR Registration Details: Details of the Personal Property Securities Register registration
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Automotive
Manufacturing
Agriculture
Construction
Transport and Logistics
Mining
Retail
Equipment Leasing
Small Business
Relevant Teams
Legal
Finance
Compliance
Risk Management
Credit Assessment
Sales
Business Development
Operations
Collections
Documentation
Relevant Roles
Finance Manager
Credit Manager
Legal Counsel
Compliance Officer
Business Development Manager
Credit Analyst
Risk Manager
Commercial Finance Officer
Asset Finance Specialist
Contract Administrator
Collections Manager
Sales Manager
Lending Manager
Documentation Officer
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