Credit Sales Agreement for Australia

Credit Sales Agreement Template for Australia

An Australian Credit Sales Agreement is a legally binding document that facilitates the sale of goods on credit terms, complying with the National Consumer Credit Protection Act 2009 and related Australian legislation. This agreement outlines the terms of credit provision, including payment schedules, interest rates, and security arrangements, while incorporating mandatory consumer protections required under Australian law. It establishes the rights and obligations of both the credit provider and the purchaser, including provisions for default, enforcement, and security interests in the purchased goods.

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What is a Credit Sales Agreement?

A Credit Sales Agreement is essential for businesses offering goods on credit terms in Australia. This document is designed to comply with Australian credit and consumer protection laws, particularly the National Consumer Credit Protection Act 2009 and the National Credit Code. It is used when a business sells goods to customers who will pay for them over time through structured payments with interest. The agreement covers crucial elements including credit terms, security arrangements, payment schedules, and default provisions. It can be adapted for both business-to-business and business-to-consumer transactions, though different regulatory requirements apply to each scenario. The document includes mandatory consumer protection provisions and disclosures required under Australian law, making it suitable for use across various industries where goods are sold on credit.

What sections should be included in a Credit Sales Agreement?

1. Parties: Identification of the credit provider and borrower/purchaser, including ABN/ACN for companies

2. Background: Context of the credit sale arrangement and purpose of the agreement

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

4. Credit Terms: Details of the credit facility including amount, interest rate, term, and payment schedule

5. Security Arrangements: Description of any security provided for the credit, including retention of title provisions

6. Representations and Warranties: Statements of fact and assurances from both parties

7. Borrower Obligations: Key responsibilities and commitments of the borrower

8. Events of Default: Circumstances constituting default and consequences

9. Enforcement Rights: Lender's rights and remedies upon default

10. Privacy and Information Handling: Provisions for handling personal and financial information

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

12. Execution: Signing provisions and execution blocks

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

1. Guarantor Provisions: Required when a guarantor is providing additional security for the credit facility

2. Insurance Requirements: Included when specific insurance coverage is required for the purchased goods

3. Special Conditions: For any non-standard terms specific to the particular credit arrangement

4. PPSA Provisions: Detailed Personal Property Securities Act provisions when relevant to the security arrangement

5. Electronic Transactions: Specific provisions for electronic execution and communications when relevant

6. Direct Debit Authority: When automatic payment arrangements are being established

What schedules should be included in a Credit Sales Agreement?

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

2. Schedule 2 - Purchased Goods: Description and details of goods being purchased under the agreement

3. Schedule 3 - Fee Schedule: Comprehensive list of all applicable fees and charges

4. Schedule 4 - Payment Schedule: Detailed repayment schedule including dates and amounts

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

6. Appendix B - Direct Debit Request Form: Standard form for setting up direct debit payments

7. Appendix C - Guarantor Acknowledgment: Required documentation when a guarantor is involved

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

Sector

Cost

Free to use
Relevant legal definitions
Relevant Industries

Retail

Automotive

Construction

Manufacturing

Agricultural Equipment

Industrial Machinery

Consumer Goods

Technology and Electronics

Medical Equipment

Office Equipment

Furniture and Fixtures

Relevant Teams

Legal

Finance

Credit Control

Sales

Compliance

Risk Management

Operations

Commercial

Customer Service

Collections

Relevant Roles

Credit Manager

Finance Director

Commercial Manager

Legal Counsel

Compliance Officer

Sales Manager

Contract Administrator

Risk Manager

Credit Analyst

Business Development Manager

Financial Controller

Operations 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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