Trade Credit Agreement Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes the terms and conditions under which one party (the credit provider) extends trade credit to another party (the credit recipient) for business purposes. The agreement covers credit limits, payment terms, security arrangements, and default provisions, while ensuring compliance with New Zealand commercial law, including the Contract and Commercial Law Act 2017 and Credit Contracts and Consumer Finance Act 2003. It includes provisions for credit assessment, ongoing monitoring, and risk management mechanisms suitable for the New Zealand business environment.

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What is a Trade Credit Agreement?

The Trade Credit Agreement is essential for businesses in New Zealand that regularly extend or receive credit in their commercial transactions. This document is typically used when establishing ongoing business relationships where goods or services are provided on credit terms rather than immediate payment. It incorporates requirements under New Zealand law, including provisions from the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Personal Property Securities Act 1999. The agreement typically includes details about credit limits, payment terms, security requirements, financial reporting obligations, and default procedures. It's particularly important for managing credit risk in business-to-business transactions and establishing clear, legally enforceable terms for trade credit arrangements.

What sections should be included in a Trade Credit Agreement?

1. Parties: Identification of all parties to the agreement, including full legal names, company registration numbers, and registered addresses

2. Background: Context of the agreement, including the business relationship and purpose of the credit facility

3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and rules for interpretation

4. Credit Facility: Details of the credit facility including credit limit, nature of credit, and purpose

5. Credit Terms: Payment terms, payment methods, credit period, and invoicing requirements

6. Credit Assessment and Review: Process for initial and ongoing credit assessment, including financial information requirements

7. Security and Guarantees: Details of any security required and personal/corporate guarantees

8. Default and Consequences: Events of default, consequences, and remedies available to the credit provider

9. Representations and Warranties: Standard representations and warranties from the credit receiver

10. General Terms: Standard contract provisions including notices, amendments, governing law, and dispute resolution

11. Execution: Signing provisions and execution blocks

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

1. Insurance Requirements: Used when specific insurance coverage is required as a condition of the credit facility

2. Trade Terms: Include when specific trading terms need to be incorporated into the credit agreement

3. Credit Insurance: Required when credit insurance is being used to manage risk

4. Financial Covenants: Include for larger facilities where ongoing financial performance metrics need to be maintained

5. Information Requirements: Used when regular financial or operational reporting is required

6. Cross-Default: Include when the agreement needs to be linked to other financial arrangements

7. Assignment and Novation: Required when transfer rights need to be specifically addressed

8. Priority and Subordination: Include when there are multiple credit providers or security interests

What schedules should be included in a Trade Credit Agreement?

1. Credit Application Form: Standard form containing business and financial information for credit assessment

2. Pricing Schedule: Details of interest rates, fees, and charges applicable to the credit facility

3. Security Details: Specific details of any security provided, including asset listings or guarantees

4. Financial Information Requirements: List of required financial statements and reports

5. Personal Guarantee Form: Standard form for personal guarantees if required

6. Trading Terms: Detailed trading terms and conditions that apply to transactions under the credit facility

7. Key Contacts: List of key contacts for both parties including credit controllers and accounts personnel

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

New Zealand

Publisher

Genie AI

Document Type

Finance Agreement

Cost

Free to use
Clauses
Relevant Industries

Wholesale Trade

Manufacturing

Construction

Retail

Professional Services

Agriculture

Mining

Transport and Logistics

Technology and Software

Industrial Equipment

Food and Beverage

Building Materials

Healthcare Supply

Automotive Parts

Relevant Teams

Finance

Legal

Credit Control

Risk Management

Commercial

Treasury

Accounts Receivable

Operations

Procurement

Company Secretariat

Business Development

Relevant Roles

Credit Manager

Financial Controller

Chief Financial Officer

Commercial Manager

Account Manager

Credit Analyst

Risk Manager

Legal Counsel

Finance Director

Treasury Manager

Accounts Receivable Manager

Business Development Manager

Operations Manager

Procurement Manager

Company Secretary

Industries
Contract and Commercial Law Act 2017: This is the primary legislation governing contract formation, interpretation, and enforcement in New Zealand. It provides the fundamental legal framework for commercial agreements.
Credit Contracts and Consumer Finance Act 2003: Although primarily focused on consumer credit, this Act contains important provisions regarding credit contracts and disclosure requirements that may be relevant to trade credit arrangements.
Personal Property Securities Act 1999: This Act is crucial if the trade credit agreement includes any form of security interest in personal property to secure the credit extended.
Fair Trading Act 1986: This Act ensures fair trading practices and prohibits misleading or deceptive conduct in trade. It's relevant for terms and representations made in the credit agreement.
Privacy Act 2020: Relevant for handling credit information and personal information of the parties involved in the trade credit arrangement.
Anti-Money Laundering and Countering Financing of Terrorism Act 2009: May be relevant for customer due diligence requirements, especially for significant credit arrangements or ongoing business relationships.
Companies Act 1993: Important when dealing with corporate entities, particularly regarding company powers, directors' duties, and corporate authority to enter into credit arrangements.
Goods and Services Tax Act 1985: Relevant for GST implications in trade credit arrangements, particularly regarding timing of supply and tax invoicing requirements.
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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