Credit Purchase Agreement for India

Credit Purchase Agreement Template for India

A Credit Purchase Agreement is a legally binding document governed by Indian law that establishes the terms and conditions under which a financial institution extends credit to a purchaser for specific goods or services. The agreement comprehensively covers credit terms, repayment schedules, security arrangements, and obligations of all parties involved, while ensuring compliance with Reserve Bank of India guidelines and relevant banking regulations. It includes provisions for interest calculations, payment mechanisms, default scenarios, and remedies available to the parties, making it a crucial document for both institutional lenders and borrowers in credit-based transactions.

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What is a Credit Purchase Agreement?

The Credit Purchase Agreement serves as a fundamental document in Indian financial transactions where purchases are made using credit facilities. This agreement is essential when a financial institution extends credit to a purchaser for acquiring specific goods or services, whether in retail, commercial, or industrial contexts. The document complies with Indian banking regulations, the Reserve Bank of India guidelines, and relevant financial laws, providing a comprehensive framework for credit-based purchases. It is commonly used in various scenarios ranging from consumer durables financing to industrial equipment purchases, incorporating necessary safeguards for both the credit provider and the purchaser. The agreement's structure accommodates various security arrangements, payment terms, and regulatory requirements specific to the Indian financial sector.

What sections should be included in a Credit Purchase Agreement?

1. Parties: Identification of the credit provider and the purchaser/borrower with complete details including registration numbers, addresses and authorized representatives

2. Background: Context of the credit purchase arrangement, including the purpose of the credit facility and brief description of the underlying transaction

3. Definitions: Definitions of key terms used throughout the agreement, including financial terms, technical terms, and interpretation clauses

4. Credit Facility Details: Specific details of the credit facility including principal amount, purpose, and utilization terms

5. Interest and Charges: Interest rate specifications, calculation method, additional charges, fees, and taxes applicable

6. Repayment Terms: Payment schedule, installment amounts, prepayment terms and conditions

7. Security: Details of any security, collateral, or guarantee provided for the credit facility

8. Representations and Warranties: Statements of fact and assurances given by both parties

9. Covenants: Positive and negative obligations of the borrower during the term of the agreement

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

11. Remedies: Rights and remedies available to the credit provider in case of default

12. Term and Termination: Duration of the agreement and circumstances for early termination

13. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction over disputes

14. Notices: Method and addresses for serving notices under the agreement

15. General Provisions: Standard boilerplate clauses including assignment, amendments, severability, and entire agreement

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

1. Insurance: Required when the credit facility mandates insurance coverage for the purchased items or borrower's life

2. Electronic Payment Mechanisms: Include when electronic payment systems or auto-debit facilities are being set up

3. Co-borrower/Guarantor Provisions: Required when there are additional parties providing guarantees or acting as co-borrowers

4. Cross-Default: Include when the borrower has multiple facilities with the same lender

5. Force Majeure: Optional clause for addressing unforeseen circumstances affecting performance

6. Confidentiality: Include when sensitive commercial information is involved

7. Step-in Rights: Required when lender needs right to take control of assets or business in default scenarios

What schedules should be included in a Credit Purchase Agreement?

1. Schedule 1 - Payment Schedule: Detailed amortization schedule showing installment dates and breakup of principal and interest

2. Schedule 2 - Security Details: Comprehensive description of security/collateral including identification marks, registration details

3. Schedule 3 - Fee Schedule: Detailed breakdown of all applicable fees, charges and their computation method

4. Schedule 4 - Condition Precedent Documents: List of documents required before disbursement of credit facility

5. Schedule 5 - Purchase Details: Specifications and details of items being purchased under the credit facility

6. Appendix A - KYC Documents: List and copies of required Know Your Customer documents

7. Appendix B - Standard Forms: Standard forms for notices, drawdown requests, and other regular communications

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

India

Publisher

Genie AI

Document Type

Sales Contract

Sector

Sales

Cost

Free to use
Relevant legal definitions
Relevant Industries

Banking & Financial Services

Retail

Automotive

Real Estate

Consumer Durables

Manufacturing

Technology

Healthcare

Education

Infrastructure

Agriculture

Relevant Teams

Legal

Finance

Credit Risk

Compliance

Treasury

Operations

Collections

Business Development

Corporate Finance

Contract Administration

Relevant Roles

Chief Financial Officer

Finance Manager

Credit Manager

Legal Counsel

Risk Manager

Compliance Officer

Banking Relationship Manager

Credit Analyst

Financial Controller

Treasury Manager

Collections Manager

Business Development Manager

Loan Officer

Contract Administrator

Corporate Finance 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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