The Installment Sale Agreement is essential for transactions where goods are sold with payment spread over time, commonly used in both B2B and B2C contexts under German law. It's particularly relevant for high-value purchases where immediate full payment isn't practical or desired. The agreement must comply with German Civil Code (BGB) requirements, especially regarding retention of title (Eigentumsvorbehalt) and, where applicable, consumer protection laws. The document typically includes detailed payment schedules, interest calculations, delivery terms, and specific conditions for title transfer. For B2C transactions, it must incorporate mandatory consumer protection provisions, while B2B versions may include more complex commercial terms. The agreement serves to protect both seller and buyer interests while ensuring clear terms for installment payments and ownership rights.
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1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and registration details if companies
2. Background: Context of the sale and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Subject Matter of Sale: Detailed description of the goods being sold
5. Purchase Price and Payment Terms: Total purchase price, installment amounts, payment schedule, and interest rates if applicable
6. Retention of Title: Provisions establishing seller's retention of title until full payment (Eigentumsvorbehalt)
7. Delivery and Acceptance: Terms regarding delivery, inspection, and acceptance of goods
8. Warranties and Representations: Statutory and additional warranties regarding the goods
9. Default and Remedies: Consequences of payment default and available remedies
10. Insurance and Risk: Requirements for insurance and allocation of risk while title is retained
11. Termination: Grounds and procedure for termination of the agreement
12. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
1. Consumer Protection Rights: Required when buyer is a consumer, including withdrawal rights and consumer-specific protections
2. Commercial Terms: Additional terms when both parties are merchants under HGB
3. Security Interests: Additional security arrangements beyond retention of title
4. Assignment and Transfer: Rights and restrictions regarding assignment of the agreement or the goods
5. Force Majeure: Provisions for unforeseen circumstances affecting performance
6. Maintenance and Usage: For technical or complex goods requiring specific maintenance or usage instructions
7. Resale Rights: Terms governing buyer's right to resell goods while subject to retention of title
8. Data Protection: GDPR compliance provisions when personal data is processed
1. Product Specification: Detailed technical specifications and description of the goods
2. Payment Schedule: Detailed breakdown of installment amounts, due dates, and interest calculations
3. Delivery Schedule: If multiple deliveries are planned, detailed delivery timeline
4. Warranty Terms: Detailed warranty conditions and procedures
5. Insurance Requirements: Specific insurance requirements and minimum coverage details
6. Maintenance Schedule: For goods requiring regular maintenance, detailed maintenance requirements and schedule
Relevant legal definitions
Clauses
Relevant Industries
Automotive
Manufacturing
Industrial Equipment
Consumer Electronics
Machinery
Construction Equipment
Furniture and Home Furnishings
Agricultural Equipment
Medical Equipment
Technology and Software
Renewable Energy Equipment
Relevant Teams
Legal
Finance
Sales
Commercial Operations
Risk Management
Compliance
Treasury
Credit Control
Business Development
Contract Administration
Relevant Roles
Legal Counsel
Commercial Director
Sales Manager
Finance Manager
Credit Controller
Contract Administrator
Risk Manager
Business Development Manager
Commercial Operations Manager
Account Executive
Compliance Officer
Chief Financial Officer
Sales Director
Treasury Manager
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