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Dealer Arranged Conditional Sale Agreement
"I need a Dealer Arranged Conditional Sale Agreement for a fleet of agricultural equipment in Queensland, with monthly installments over 36 months starting March 2025, including specific maintenance requirements and an option for early payoff without penalties."
1. Parties: Identifies and defines the Dealer, Financier, and Customer (Purchaser)
2. Background: Explains the context of the agreement, including the dealer's role in arranging finance and the conditional nature of the sale
3. Definitions and Interpretation: Defines key terms and explains how the agreement should be interpreted
4. Sale and Purchase: Details the agreement to sell and purchase the goods, subject to the conditional sale terms
5. Price and Payment Terms: Specifies the purchase price, deposit, installment amounts, and payment schedule
6. Title and Risk: Establishes that title remains with the financier until full payment, while risk passes to the customer
7. Security Interest: Details the security interest created over the goods and PPSR registration requirements
8. Customer Obligations: Lists ongoing obligations including maintenance, insurance, and usage restrictions
9. Dealer Obligations: Specifies the dealer's responsibilities regarding delivery and condition of goods
10. Default and Enforcement: Defines events of default and the financier's enforcement rights
11. Termination: Outlines circumstances and processes for agreement termination
12. General Provisions: Standard clauses covering notices, amendments, governing law, etc.
1. Guarantor Provisions: Required when a guarantor is securing the customer's obligations
2. Insurance Requirements: Detailed insurance requirements for high-value or specialized goods
3. Special Maintenance Requirements: For goods requiring specific maintenance regimes
4. Import/Export Restrictions: For goods subject to import/export controls
5. Lease-to-Own Option: Where the agreement includes an option to convert to a lease
6. Trade-In Provisions: When the transaction involves a trade-in of existing goods
7. Commission Structure: Details of dealer commission arrangements, if relevant to the transaction
1. Schedule 1 - Goods Description: Detailed description of goods including serial numbers, specifications
2. Schedule 2 - Payment Schedule: Detailed breakdown of all payments including dates, amounts, and payment methods
3. Schedule 3 - Statutory Notices: Required consumer credit notices and warnings under NCCPA
4. Schedule 4 - Delivery Details: Delivery or collection arrangements and acceptance criteria
5. Schedule 5 - Insurance Requirements: Specific insurance requirements and minimum coverage
6. Schedule 6 - Dealer Warranty: Details of any dealer warranties or guarantees
7. Appendix A - Credit Application: Customer's completed credit application form
8. Appendix B - Direct Debit Authority: Customer's direct debit authorization
Authors
Automotive
Agricultural Equipment
Industrial Machinery
Marine
Construction Equipment
Medical Equipment
Technology Hardware
Manufacturing Equipment
Commercial Vehicles
Legal
Finance
Sales
Compliance
Risk Management
Operations
Credit
Collections
Commercial
Customer Service
Sales Manager
Finance Manager
Credit Manager
Compliance Officer
Legal Counsel
Commercial Director
Dealer Principal
Business Development Manager
Risk Manager
Contract Administrator
Finance Director
Operations Manager
Credit Analyst
Collections Manager
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