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Dealer Arranged Conditional Sale Agreement Template for Australia

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Key Requirements PROMPT example:

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."

Document background
The Dealer Arranged Conditional Sale Agreement is a crucial document used in Australian commercial transactions where a dealer facilitates both the sale of goods and the financing arrangement between a customer and a financier. This tripartite arrangement is commonly used for high-value goods such as vehicles, equipment, or machinery, where customers require financing but prefer to arrange it through their dealer. The agreement must comply with Australian consumer credit legislation, particularly the National Consumer Credit Protection Act 2009 and the Personal Property Securities Act 2009. It includes detailed provisions about the conditional nature of the sale, where title remains with the financier until full payment, while establishing clear rights and obligations for all parties involved. The document typically includes comprehensive details about the goods, payment schedule, security interests, maintenance requirements, and enforcement rights, making it essential for businesses dealing with financed sales of significant assets.
Suggested Sections

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.

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Automotive

Agricultural Equipment

Industrial Machinery

Marine

Construction Equipment

Medical Equipment

Technology Hardware

Manufacturing Equipment

Commercial Vehicles

Relevant Teams

Legal

Finance

Sales

Compliance

Risk Management

Operations

Credit

Collections

Commercial

Customer Service

Relevant Roles

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

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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