The Equipment Finance Agreement is a crucial document used in Switzerland when businesses require financing for significant equipment purchases or leases. It provides a legal framework compliant with Swiss financial regulations and the Code of Obligations, enabling companies to acquire necessary equipment while managing cash flow effectively. The agreement covers essential aspects including equipment specifications, payment terms, security arrangements, maintenance obligations, and risk allocation. It's particularly valuable for businesses seeking to expand operations, upgrade equipment, or maintain competitive advantage without substantial upfront capital investment. The document typically includes detailed schedules for equipment specifications, payment terms, and maintenance requirements, ensuring comprehensive coverage of all aspects of the financing arrangement.
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1. Parties: Identification of the financier and the borrower/lessee with full legal details
2. Background: Context of the agreement and general purpose of the equipment financing
3. Definitions: Key terms used throughout the agreement including Equipment, Facility Amount, Payment Terms, etc.
4. Facility and Purpose: Details of the financing facility, amount, and permitted use of the equipment
5. Equipment Details: Specific description and identification of the equipment being financed
6. Financial Terms: Payment obligations, interest rates, fees, and payment schedule
7. Security Interest: Creation and perfection of security interest in the equipment
8. Risk and Insurance: Allocation of risk and mandatory insurance requirements
9. Representations and Warranties: Standard declarations by both parties regarding capacity, authority, and equipment condition
10. Covenants: Ongoing obligations regarding equipment use, maintenance, and financial commitments
11. Default and Remedies: Events of default and available remedies under Swiss law
12. Termination: Circumstances and procedures for early termination
13. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction
1. Installation and Acceptance: Required when equipment needs professional installation or testing before acceptance
2. Training and Support: Include when equipment operation requires specific training or ongoing support
3. Import/Export Requirements: Necessary for cross-border equipment financing transactions
4. Environmental Compliance: Required for equipment that may have environmental impacts
5. Sub-leasing Rights: Include if sub-leasing or equipment sharing is permitted
6. Purchase Option: Include if the borrower has the option to purchase the equipment
7. Asset Management: Required for complex equipment requiring specific management procedures
8. Software Licenses: Include when equipment includes or requires software licenses
1. Equipment Schedule: Detailed technical specifications and identification numbers of equipment
2. Payment Schedule: Detailed breakdown of payment amounts, dates, and interest calculations
3. Insurance Requirements: Specific insurance coverage requirements and terms
4. Maintenance Requirements: Detailed maintenance procedures and schedules
5. Form of Acceptance Certificate: Template for equipment acceptance documentation
6. Security Documents: Forms for security registration and perfection
7. Permitted Locations: Approved locations for equipment operation and storage
8. Authorized Operators: List of personnel authorized to operate the equipment
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Construction
Agriculture
Healthcare
Transportation
Mining
Technology
Industrial Production
Renewable Energy
Telecommunications
Logistics
Food Processing
Relevant Teams
Legal
Finance
Treasury
Operations
Procurement
Risk Management
Compliance
Asset Management
Credit
Contract Management
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Equipment Finance Manager
Legal Counsel
Contract Manager
Risk Manager
Asset Manager
Operations Director
Procurement Manager
Financial Controller
Compliance Officer
Credit Manager
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