Credit Sale Agreement for Australia

Credit Sale Agreement Template for Australia

A Credit Sale Agreement is a legally binding contract used in Australia that facilitates the purchase of goods through credit financing. This document establishes the terms and conditions under which the credit provider extends credit to the customer for the purchase of specific goods, incorporating all requirements under the National Consumer Credit Protection Act 2009 and the National Credit Code. The agreement details the credit amount, interest rates, repayment terms, security arrangements, and includes mandatory consumer protection provisions and disclosures required by Australian credit legislation.

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What is a Credit Sale Agreement?

The Credit Sale Agreement is a fundamental document in Australian consumer credit transactions, used when a customer wishes to purchase goods using credit financing rather than immediate payment. This agreement type is specifically regulated under the National Consumer Credit Protection Act 2009 and the National Credit Code, requiring careful attention to mandatory disclosure requirements, responsible lending obligations, and consumer protections. The document is commonly used across various industries, from retail to automotive sales, and must include specific details about the credit facility, the goods being purchased, repayment terms, security arrangements, and statutory rights and obligations. Credit Sale Agreements must comply with strict regulatory requirements regarding form and content, including mandatory warning statements and information about fees, charges, and dispute resolution procedures.

What sections should be included in a Credit Sale Agreement?

1. Parties: Identification of the Credit Provider and the Customer/Borrower with full legal names and details

2. Background: Context of the credit sale, including the purpose of the credit and brief description of the goods being purchased

3. Definitions: Key terms used throughout the agreement including Credit Amount, Interest Rate, Payment Terms, Security, etc.

4. Credit Details: Specific details of the credit facility including amount, interest rate, term, and total amount payable

5. Repayment Terms: Details of how and when repayments must be made, including payment frequency and method

6. Interest: How interest is calculated, charged and applied to the account

7. Fees and Charges: All applicable fees and charges, including establishment fees, ongoing fees, and default charges

8. Security: Details of any security taken over the goods or other assets

9. Events of Default: Circumstances that constitute default and consequences of default

10. Customer Acknowledgments: Statutory and other acknowledgments required under credit legislation

11. General Provisions: Standard contract terms including notices, amendments, governing law, and dispute resolution

What sections are optional to include in a Credit Sale Agreement?

1. Insurance Requirements: Required when the credit provider requires specific insurance coverage for the purchased goods

2. Guarantor Provisions: Include when a guarantor is required to secure the credit facility

3. Direct Debit Authorization: Include when automatic payments are being established

4. Special Conditions: For any non-standard terms specific to this credit arrangement

5. PPSR Registration: Include when the credit provider will register a security interest on the Personal Property Securities Register

6. Early Repayment: Include when early repayment options and calculations need to be specified

7. Commission Disclosure: Required when third-party introducers or brokers are involved

What schedules should be included in a Credit Sale Agreement?

1. Schedule 1 - Credit Details: Detailed breakdown of the credit amount, interest calculations, and payment schedule

2. Schedule 2 - Goods Description: Detailed description of the goods being purchased including serial numbers and specifications

3. Schedule 3 - Fees and Charges: Comprehensive list of all fees and charges applicable to the credit facility

4. Schedule 4 - Direct Debit Request: Direct debit authority form and terms

5. Appendix A - Information Statement: Mandatory information statement required under the National Credit Code

6. Appendix B - Key Facts Sheet: Summary of key information about the credit contract as required by legislation

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Sales Contract

Sector

Cost

Free to use
Relevant Industries

Retail

Financial Services

Consumer Goods

Automotive

Electronics and Technology

Home and Garden

Manufacturing

Wholesale Distribution

Relevant Teams

Legal

Compliance

Credit

Finance

Sales

Risk Management

Operations

Commercial

Customer Service

Documentation

Relevant Roles

Credit Manager

Financial Controller

Legal Counsel

Compliance Officer

Credit Assessment Officer

Sales Manager

Finance Manager

Contract Administrator

Risk Manager

Commercial Manager

Credit Analyst

Business Development Manager

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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