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Deferred Payment Contract Template for Netherlands

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Deferred Payment Contract

"I need a Deferred Payment Contract for my manufacturing company to allow a key supplier to pay €250,000 in monthly installments from January 2025 to June 2025, with security over their equipment and a personal guarantee from their director."

Document background
The Deferred Payment Contract is essential in situations where immediate payment for goods, services, or other obligations is not feasible or desired, and parties agree to structure payments over time. This document type is commonly used in both commercial and consumer contexts under Dutch law, providing a legally sound framework for managing payment obligations. The contract addresses key aspects such as payment schedules, interest calculations, default provisions, and potential security arrangements, while ensuring compliance with Dutch legal requirements, including the Civil Code (Burgerlijk Wetboek) and relevant EU directives. It's particularly valuable in business transactions, debt restructuring, large purchases, and supplier agreements where extended payment terms are negotiated. The document includes comprehensive provisions for protecting both creditor and debtor interests, with optional elements that can be customized based on specific circumstances such as security requirements or consumer protection considerations.
Suggested Sections

1. Parties: Identification and details of the creditor and debtor

2. Background: Context of the agreement, including the original debt or obligation and reason for deferred payment

3. Definitions: Key terms used throughout the agreement

4. Original Debt Amount: Statement and acknowledgment of the original debt amount

5. Payment Terms: Detailed terms of the deferred payment arrangement, including installment amounts and dates

6. Interest: Interest rate applicable to the deferred payment and calculation method

7. Payment Method: Specified method(s) of payment and account details

8. Default Provisions: Circumstances constituting default and consequences

9. Acceleration: Circumstances under which the full amount becomes immediately due

10. Representations and Warranties: Standard declarations by the debtor regarding their ability to pay and financial condition

11. Notices: How and where formal communications between parties should be made

12. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction

Optional Sections

1. Security: Required when the deferred payment is secured by collateral or guarantees

2. Conditions Precedent: Include when certain conditions must be met before the agreement becomes effective

3. Financial Covenants: Include for business debtors when ongoing financial requirements need to be maintained

4. Early Payment Provisions: Include when early payment discounts or penalties are applicable

5. Insurance Requirements: Include when insurance of collateral or payment protection insurance is required

6. Assignment and Transfer: Include when either party needs the right to assign the agreement

7. Tax Provisions: Include when specific tax implications need to be addressed

8. Force Majeure: Include when specific circumstances might affect payment ability

9. Debt Counseling Notice: Required when one party is a consumer under Dutch consumer protection laws

Suggested Schedules

1. Payment Schedule: Detailed schedule of payment dates, amounts, and running balance

2. Collateral Description: Detailed description of any security or collateral (if applicable)

3. Direct Debit Authorization: Form for automatic payment authorization

4. Guarantee Agreement: Form of guarantee if third-party guarantees are involved

5. Financial Statement Template: Template for required financial reporting (if applicable)

6. Interest Calculation Examples: Examples showing how interest is calculated and applied

7. Notice Forms: Standard forms for various notices under the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




































Clauses






























Relevant Industries

Financial Services

Retail

Manufacturing

Construction

Professional Services

Healthcare

Technology

Real Estate

Wholesale Trade

Education

Automotive

Agriculture

Relevant Teams

Legal

Finance

Credit Control

Treasury

Accounts Receivable

Commercial

Risk Management

Compliance

Sales

Procurement

Collections

Business Development

Relevant Roles

Chief Financial Officer

Finance Director

Credit Controller

Accounts Receivable Manager

Legal Counsel

Contract Manager

Treasury Manager

Financial Controller

Credit Risk Manager

Collections Manager

Business Development Manager

Commercial Director

Procurement Manager

Sales Manager

Company Secretary

Compliance Officer

Financial Analyst

Account Executive

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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