The Deferred Payment Agreement is utilized when parties need to establish a formal arrangement for the delayed payment of an existing debt or financial obligation under Swiss law. This document type is particularly relevant in situations where a debtor requires additional time to fulfill payment obligations, but the creditor needs legal assurance and structure around the payment terms. The agreement must comply with Swiss legal requirements, particularly the Code of Obligations and debt enforcement legislation. It typically includes detailed payment schedules, interest calculations, default provisions, and any security arrangements. The document is designed to protect both creditor and debtor interests while providing clear terms for the deferred payment arrangement and enforcement mechanisms.
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1. Parties: Identification and details of the parties entering into the agreement
2. Background: Context of the agreement, including the original debt or payment obligation
3. Definitions: Key terms used throughout the agreement
4. Original Debt Amount: Statement of the original amount owed and its origin
5. Payment Terms: Detailed payment schedule, including amounts, dates, and method of payment
6. Interest: Interest rates applicable to the deferred payments and calculation method
7. Default Provisions: Consequences of missing payments and remedies available
8. Representations and Warranties: Statements of fact and promises made by both parties
9. Notices: How and where formal communications between parties should be made
10. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
11. Entire Agreement: Standard clause confirming this document represents the complete agreement
1. Security: Include when collateral or guarantees are required to secure the deferred payments
2. Early Payment Provisions: Include when early payment options and any associated discounts are offered
3. Third Party Guarantor: Include when a third party is guaranteeing the payments
4. Insurance Requirements: Include when specific insurance must be maintained by the debtor
5. Force Majeure: Include when parties want to address extraordinary circumstances affecting payment ability
6. Assignment: Include when transfer rights need to be specifically addressed
7. Debt Restructuring Provisions: Include when flexibility for future payment adjustments may be needed
1. Payment Schedule: Detailed breakdown of payment amounts and due dates
2. Original Debt Documentation: Copies of original invoices or agreements creating the debt
3. Security Documentation: Details of any security or collateral provided
4. Calculation of Interest: Detailed methodology for interest calculation
5. Contact Details: Complete contact information for all relevant parties
6. Bank Account Details: Payment account information for both parties
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Accounts Receivable Manager
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