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Installment Agreement
I need an installment agreement for a customer who will pay off a debt of NZD 5,000 over a period of 12 months, with monthly installments. The agreement should include a fixed interest rate, a clause for late payment penalties, and an option for early repayment without additional fees.
What is an Installment Agreement?
An Installment Agreement lets you pay off a larger debt or purchase in smaller, more manageable chunks over time. In New Zealand, these agreements are common for everything from buying appliances to settling tax debts with Inland Revenue, giving people and businesses a structured way to handle significant payments.
The agreement clearly spells out the total amount, payment schedule, interest rates (if any), and consequences of missing payments. Under the Credit Contracts and Consumer Finance Act, lenders must provide clear terms and ensure the arrangement is suitable for the borrower's circumstances. This helps protect Kiwi consumers while making larger purchases more accessible.
When should you use an Installment Agreement?
Consider an Installment Agreement when making major purchases or settling substantial debts that you can't pay in one lump sum. This arrangement works particularly well for buying business equipment, vehicles, or settling tax obligations with Inland Revenue when your cash flow needs flexibility.
The timing is right when you need to make a significant financial commitment while maintaining healthy working capital. Under New Zealand's credit laws, these agreements offer protection for both parties, making them ideal for transactions over $1,000 where you need clear payment terms and a manageable repayment schedule spread across months or years.
What are the different types of Installment Agreement?
- Installment Payment Contract: The most comprehensive option, typically used for large business purchases with detailed payment schedules and security provisions
- Tax Payment Agreement: Specifically designed for arranging structured payments with Inland Revenue, including penalties and interest terms
- Monthly Payment Agreement: Simplified version for regular monthly payments, commonly used for services or smaller purchases
- Installment Sale Contract: Focuses on retail goods sales with title retention until final payment
Who should typically use an Installment Agreement?
- Lenders and Financial Institutions: Banks, finance companies, and credit unions who offer installment agreements under NZ credit laws
- Business Owners: Both small and medium enterprises using installment plans for equipment purchases or managing cash flow
- Retailers: Shops offering payment plans for big-ticket items like appliances or furniture
- Inland Revenue: Offering tax installment agreements to individuals and businesses with tax debt
- Legal Advisors: Lawyers and financial advisers who review and customize agreements to protect their clients' interests
How do you write an Installment Agreement?
- Parties' Details: Gather full legal names, addresses, and contact information for all involved parties
- Payment Terms: Calculate total amount, interest rate, payment frequency, and length of agreement
- Security Details: Document any collateral or guarantees securing the payments
- Default Provisions: Define what constitutes default and consequences under NZ credit laws
- Verification Steps: Check credit standings and ability to pay for compliance with responsible lending rules
- Documentation: Use our platform's templates to ensure all legal requirements are met and properly formatted
What should be included in an Installment Agreement?
- Party Identification: Full legal names, addresses, and roles of all parties involved
- Payment Schedule: Total amount, installment amounts, due dates, and payment methods
- Interest Terms: Clear disclosure of interest rates and total cost of credit per CCCFA requirements
- Default Provisions: Consequences of missed payments and remedies available to the creditor
- Security Details: Description of any collateral or guarantees securing the agreement
- Termination Clauses: Conditions for early repayment and agreement cancellation
- Signature Block: Space for dated signatures and witness details if required
What's the difference between an Installment Agreement and an Asset Purchase Agreement?
An Installment Agreement differs significantly from an Asset Purchase Agreement in several key ways. While both involve the transfer of value, their structure and purpose serve different needs in New Zealand's business environment.
- Payment Structure: Installment Agreements focus on breaking down payments over time, while Asset Purchase Agreements typically involve a single transaction or limited payment schedule
- Legal Scope: Installment Agreements primarily govern payment terms and schedules, whereas Asset Purchase Agreements cover broader aspects of ownership transfer, warranties, and asset conditions
- Duration: Installment Agreements remain active until the final payment, while Asset Purchase Agreements often conclude once the transfer is complete
- Risk Management: Installment Agreements include default provisions and interest calculations, but Asset Purchase Agreements focus on asset-specific risks and representations
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