The Installment Purchase Agreement is a crucial document used in Canadian business transactions where goods are sold with payment spread over time. This agreement type is particularly relevant when dealing with high-value items or when businesses or consumers need flexible payment options. It must comply with Canadian federal legislation such as the Interest Act and provincial laws including the Personal Property Security Act and Consumer Protection Act. The document typically includes detailed payment schedules, security arrangements, and title retention clauses protecting the seller until full payment is received. It's commonly used in both B2B and B2C contexts, requiring careful consideration of applicable consumer protection laws when used in retail transactions. The agreement serves to protect both parties' interests by clearly defining payment obligations, delivery terms, warranties, and remedies in case of default.
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1. Parties: Identification of seller and purchaser with full legal names and addresses
2. Background: Context of the purchase and general purpose of the agreement
3. Definitions: Key terms used throughout the agreement including 'Goods', 'Purchase Price', 'Installments', 'Security Interest'
4. Sale and Purchase: Core terms of the sale including description of goods and total purchase price
5. Payment Terms: Installment amount, payment schedule, interest rates, and payment methods
6. Title and Security Interest: Retention of title by seller until full payment and creation of security interest
7. Delivery and Acceptance: Terms for delivery of goods and acceptance procedures
8. Representations and Warranties: Standard warranties for the goods and representations by both parties
9. Default and Remedies: Events of default and available remedies including repossession rights
10. Insurance and Risk: Requirements for insurance and allocation of risk of loss
11. General Terms: Standard boilerplate including notices, amendments, governing law
12. Execution: Signature blocks and execution details
1. Trade-In: Terms regarding any trade-in goods being provided as part of the purchase - include when there is a trade-in component
2. Maintenance and Service: Terms for ongoing maintenance or service of goods - include for complex equipment or machinery
3. Registration: Requirements for registration of goods (e.g., vehicles) - include for registrable goods
4. Assignment: Detailed assignment provisions - include if assignment rights are important to either party
5. Early Payment: Terms for early payment or prepayment of installments - include if early payment options are offered
6. Co-Signer: Terms applying to any co-signer or guarantor - include if there is a guarantor
7. Return Rights: Terms for return or exchange of goods - include in consumer transactions
1. Schedule A - Description of Goods: Detailed specification of goods including model numbers, serial numbers, and features
2. Schedule B - Payment Schedule: Detailed installment payment schedule with dates, amounts, and interest calculations
3. Schedule C - Delivery Details: Specific delivery instructions, locations, and timeframes
4. Schedule D - Warranty Terms: Detailed warranty terms and conditions
5. Appendix 1 - Insurance Requirements: Detailed insurance requirements and minimum coverage specifications
6. Appendix 2 - Maintenance Schedule: Required maintenance schedule and procedures for the goods
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