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Retail Installment Contract And Security Agreement for Philippines

Retail Installment Contract And Security Agreement Template for Philippines

A comprehensive legal document governed by Philippine law that combines a retail sale agreement with a security agreement. It establishes the terms and conditions for the purchase of goods through installment payments while simultaneously creating a security interest in the purchased goods to secure the buyer's payment obligations. The document complies with the Philippines' Truth in Lending Act (RA 3765) and Consumer Act (RA 7394), providing mandatory disclosures about finance charges, payment terms, and consumer rights. It serves as both a binding sales contract and a security instrument, protecting the seller's interests until full payment is received.

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What is a Retail Installment Contract And Security Agreement?

The Retail Installment Contract And Security Agreement is essential for businesses in the Philippines engaging in consumer credit transactions for the sale of goods. This document is commonly used when customers purchase significant items like vehicles, appliances, or equipment through installment payments. It serves dual purposes: first, as a detailed contract outlining the terms of sale and payment schedule, and second, as a security agreement creating a lien on the purchased goods. The agreement must comply with Philippine consumer protection laws, particularly the Truth in Lending Act and the Consumer Act, requiring specific disclosures about finance charges, interest rates, and total costs. This type of agreement is particularly important in the Philippine market, where installment purchasing is common and sellers need robust legal protection for credit sales.

What sections should be included in a Retail Installment Contract And Security Agreement?

1. Parties: Identification of the seller/creditor and buyer/debtor with complete details as required by Philippine law

2. Background: Context of the transaction and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Description of Goods: Detailed description of the goods being sold on installment

5. Purchase Price and Payment Terms: Total purchase price, down payment, installment amounts, payment schedule, and interest rate

6. Truth in Lending Disclosures: Mandatory disclosures required by RA 3765 including finance charges, annual percentage rate, and total cost of credit

7. Security Interest: Creation and terms of the security interest in the goods

8. Insurance Requirements: Required insurance coverage for the goods and terms related to insurance

9. Buyer's Representations and Warranties: Buyer's declarations regarding their capacity and authority to enter into the agreement

10. Seller's Representations and Warranties: Seller's declarations regarding title, condition of goods, and authority to sell

11. Events of Default: Circumstances constituting default and consequences thereof

12. Remedies: Rights and remedies of the seller in case of default

13. General Terms and Conditions: Standard contractual provisions including notices, amendments, and assignment

14. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes

What sections are optional to include in a Retail Installment Contract And Security Agreement?

1. Co-Buyer Provisions: Additional terms when there is a co-buyer or guarantor for the purchase

2. Trade-In Details: Terms related to any trade-in vehicle or goods involved in the transaction

3. Delivery Terms: Specific provisions regarding delivery of goods when not immediate

4. Maintenance Requirements: Special maintenance obligations for specific types of goods

5. Prepayment Terms: Specific terms for early payment or full settlement of the installment contract

6. Electronic Payment Authorization: Terms for automatic payment arrangements if applicable

7. Return Policy: Special return or exchange terms if applicable to the goods

8. Data Privacy Consent: Specific consent clauses for handling personal information under the Data Privacy Act

What schedules should be included in a Retail Installment Contract And Security Agreement?

1. Schedule A - Payment Schedule: Detailed amortization schedule showing all installment payments, interest, and principal portions

2. Schedule B - Product Specifications: Detailed technical specifications or description of the goods

3. Schedule C - Delivery Schedule: Detailed delivery timeline and terms if applicable

4. Schedule D - Insurance Requirements: Specific insurance requirements and coverage details

5. Appendix 1 - Truth in Lending Disclosure Statement: Detailed breakdown of all charges and fees as required by law

6. Appendix 2 - Warranty Terms: Manufacturer's warranty terms and additional warranty provisions

7. Appendix 3 - Security Agreement Details: Detailed description of the security interest and collateral

8. Appendix 4 - Required Documents: List of supporting documents required from the buyer

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Ƶ

Document Type

Security Agreement

Cost

Free to use
Relevant legal definitions








































Clauses



































Relevant Industries

Retail

Consumer Goods

Automotive

Electronics

Furniture and Home Furnishings

Appliances

Machinery and Equipment

Agricultural Equipment

Construction Equipment

Consumer Finance

Banking and Financial Services

Relevant Teams

Legal

Finance

Sales

Compliance

Risk Management

Credit Operations

Customer Service

Collections

Business Development

Retail Operations

Relevant Roles

Retail Operations Manager

Credit Manager

Financial Controller

Legal Counsel

Compliance Officer

Sales Manager

Finance Manager

Contract Administrator

Risk Manager

Collections Manager

Customer Service Manager

Business Development Manager

Branch Manager

Credit Analyst

Sales Representative

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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