The Credit Sale Agreement is a fundamental document in New Zealand's retail and financial services sectors, used when goods or services are sold on credit terms rather than immediate payment. This agreement type must comply with the Credit Contracts and Consumer Finance Act 2003 (CCCFA) and its regulations, which impose strict requirements on disclosure, responsible lending, and consumer protection. The document is suitable for both business-to-consumer and business-to-business transactions, though requirements vary between these contexts. It includes comprehensive details about the credit terms, goods or services being financed, payment obligations, security arrangements (if any), and the rights and obligations of all parties. The agreement is particularly important in sectors where high-value items are commonly financed, such as automotive, equipment, and consumer durables.
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1. Parties: Identification of the Credit Provider and the Customer, including full legal names and addresses
2. Background: Context of the agreement, including the purpose of the credit sale and brief description of the goods/services being financed
3. Definitions and Interpretation: Key terms used throughout the agreement and rules for interpretation
4. Credit Details: Principal amount, interest rate, total amount payable, and payment term details as required by CCCFA
5. Payment Terms: Payment schedule, method of payment, and consequences of early or late payments
6. Interest and Fees: Details of interest calculations, default interest, and all applicable fees
7. Goods/Services: Detailed description of the goods or services being financed
8. Delivery and Risk: Terms regarding delivery, title transfer, and risk in the goods
9. Customer Obligations: Key responsibilities and obligations of the customer including maintenance of goods and insurance requirements
10. Default and Enforcement: Events of default, consequences, and enforcement rights
11. General Provisions: Standard contractual terms including notices, amendments, governing law, and dispute resolution
1. Security Interest: Terms creating and governing any security interest in the goods - include when the credit sale is secured
2. Guarantee: Terms applying to any guarantee of the customer's obligations - include when there are guarantors
3. Insurance: Detailed insurance requirements - include when insurance is mandatory for the goods
4. Business Purpose Declaration: Declaration that credit is for business purposes - include for business customers to exclude consumer protections
5. Direct Debit Authority: Terms governing direct debit payments - include when direct debit is the payment method
6. Statement of Right to Cancel: Cooling-off period details - mandatory for consumer contracts, optional for business contracts
1. Schedule 1 - Initial Disclosure Statement: Mandatory CCCFA disclosure information including all financial terms and charges
2. Schedule 2 - Payment Schedule: Detailed schedule of payment amounts and dates
3. Schedule 3 - Goods Description: Detailed description and identification of the goods being financed (including serial numbers if applicable)
4. Schedule 4 - Fee Schedule: Comprehensive list of all fees and charges that may apply
5. Appendix A - Direct Debit Form: Standard direct debit authority form if applicable
6. Appendix B - Guarantor Terms: Detailed terms applying to any guarantors if applicable
Relevant legal definitions
Clauses
Relevant Industries
Retail
Financial Services
Automotive
Consumer Goods
Electronics
Furniture and Home Furnishings
Construction Equipment
Agricultural Equipment
Manufacturing
Business Equipment
Relevant Teams
Legal
Finance
Compliance
Sales
Credit Assessment
Risk Management
Collections
Commercial Finance
Retail Finance
Contract Administration
Relevant Roles
Credit Manager
Finance Manager
Legal Counsel
Compliance Officer
Sales Manager
Credit Assessment Officer
Contract Administrator
Risk Manager
Collections Manager
Business Development Manager
Retail Finance Specialist
Commercial Finance Manager
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