Incidental Credit Agreement Template for Australia

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Key Requirements PROMPT example:

Incidental Credit Agreement

"I need an Incidental Credit Agreement for my medical equipment supply business, where we'll be offering 90-day payment terms to healthcare clinics for equipment purchases over $10,000, with a credit limit of $50,000 per customer."

Document background
The Incidental Credit Agreement is essential for businesses operating in Australia that provide credit facilities ancillary to their primary goods or services. This document type is specifically designed to comply with Australian credit legislation, including the National Consumer Credit Protection Act 2009 and the National Credit Code. It is commonly used in situations where a business offers payment terms or delayed payment options to customers as part of their main business transaction. The agreement includes crucial elements such as credit terms, payment schedules, interest rates, fees, and mandatory disclosures required by Australian law. It's particularly relevant for businesses that don't primarily operate as credit providers but need to offer credit arrangements as part of their regular business operations.
Suggested Sections

1. Parties: Identification of the credit provider and the customer, including ABN/ACN and contact details

2. Background: Context of the incidental credit arrangement and the primary goods/services being provided

3. Definitions: Key terms used throughout the agreement, including statutory definitions from relevant legislation

4. Credit Terms: Essential credit details including credit limit, interest rates, and payment terms

5. Payment Obligations: Customer's obligations regarding payments, including payment methods and timing

6. Default and Consequences: Events constituting default and the resulting consequences

7. Termination: Circumstances and process for terminating the credit arrangement

8. Privacy and Information Handling: How personal and credit information will be collected, used, and disclosed

9. Notices: How formal communications between parties will be handled

10. General Provisions: Standard legal provisions including governing law, assignment, and variation

Optional Sections

1. Security: Include when specific assets are provided as security for the credit

2. Guarantor Provisions: Required when a guarantor is involved in the credit arrangement

3. Insurance Requirements: Include when insurance is mandatory for the credit arrangement

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

5. Direct Debit Authority: Include when automatic payments are being established

6. Cooling-off Rights: Required for certain types of credit arrangements where cooling-off periods apply

Suggested Schedules

1. Schedule 1 - Credit Details: Detailed breakdown of credit terms, fees, and charges

2. Schedule 2 - Payment Schedule: Detailed payment schedule including dates and amounts

3. Schedule 3 - Goods or Services: Description of the goods or services to which the incidental credit relates

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

5. Appendix B - Fee Schedule: Comprehensive list of all applicable fees and charges

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

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

Relevant legal definitions
Relevant Industries

Retail

Construction

Healthcare

Professional Services

Education

Manufacturing

Automotive

Home Improvement

Furniture and Appliances

Technology Services

Equipment Leasing

Medical Services

Relevant Teams

Legal

Finance

Compliance

Risk Management

Commercial Operations

Credit Assessment

Sales Operations

Customer Service

Business Development

Operations

Relevant Roles

Credit Manager

Financial Controller

Legal Counsel

Compliance Officer

Risk Manager

Commercial Manager

Business Development Manager

Contract Administrator

Chief Financial Officer

Operations Manager

Credit Assessment Officer

Sales 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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