The Car Sale Contract With Payments is essential for any vehicle sale transaction in New Zealand where the full purchase price is not paid upfront. This document type is commonly used by car dealerships, private sellers, and businesses engaged in vehicle sales, ensuring compliance with New Zealand's automotive sales and consumer finance regulations. It includes crucial elements such as vehicle details, payment schedules, security interests, and ownership transfer conditions. The agreement is designed to protect both parties' interests while adhering to requirements under the Motor Vehicle Sales Act 2003, Consumer Guarantees Act 1993, and Credit Contracts and Consumer Finance Act 2003. It's particularly important for establishing clear terms and conditions for payment obligations, vehicle maintenance requirements, and default remedies throughout the payment period.
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1. Parties: Identifies and provides full details of the seller and buyer, including names, addresses, and contact information
2. Background: Sets out the context of the sale and confirms the seller's ownership and right to sell the vehicle
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Vehicle Details: Comprehensive description of the vehicle including make, model, year, VIN, registration number, odometer reading, and known history
5. Purchase Price and Payment Terms: Specifies the total purchase price, deposit amount, payment schedule, and payment methods
6. Transfer of Ownership: Details when and how ownership transfers, including conditions precedent to transfer
7. Seller's Warranties: States the seller's warranties about the vehicle's condition, ownership, and compliance with law
8. Buyer's Acknowledgments: Confirms buyer's inspection of the vehicle and understanding of the purchase terms
9. Default and Remedies: Specifies what constitutes default and the remedies available to either party
10. Registration and Insurance: Requirements for vehicle registration transfer and insurance obligations
11. General Terms: Standard contract terms including governing law, dispute resolution, and notices
1. Security Interest: Required when the seller retains a security interest in the vehicle until full payment is made
2. Trade-in Vehicle: Used when the buyer is trading in another vehicle as part of the purchase
3. Guarantor Provisions: Required when a third party is guaranteeing the buyer's payment obligations
4. Condition Report: Detailed report of the vehicle's condition, recommended for used vehicles or when specific issues need documentation
5. Maintenance Requirements: Specific maintenance obligations during the payment period, particularly relevant for higher-value vehicles
6. Early Payment Provisions: Terms for early payment or contract termination, including any applicable fees or discounts
1. Payment Schedule: Detailed breakdown of payment amounts, due dates, and payment methods
2. Vehicle Inspection Report: Professional inspection report detailing the vehicle's condition and any identified issues
3. Vehicle Service History: Documentation of the vehicle's maintenance and service history
4. Vehicle Photographs: Dated photographs documenting the vehicle's condition at time of sale
5. Warranty Documentation: Details of any manufacturer's or extended warranty coverage
6. PPSR Search Results: Results of Personal Property Securities Register search showing any existing security interests
Relevant legal definitions
Clauses
Relevant Industries
Automotive
Retail
Finance and Banking
Transport and Logistics
Fleet Management
Vehicle Leasing
Motor Vehicle Trading
Consumer Goods
Relevant Teams
Sales
Legal
Compliance
Finance
Risk Management
Operations
Credit Control
Customer Service
Documentation
Relevant Roles
Sales Manager
Finance Manager
Compliance Officer
Legal Counsel
Automotive Sales Representative
Fleet Manager
Credit Controller
Business Development Manager
Contracts Administrator
Risk Manager
Vehicle Trading Manager
Dealership Owner
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