Dealer Arranged Conditional Sale Agreement Template for Germany

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Key Requirements PROMPT example:

Dealer Arranged Conditional Sale Agreement

"I need a Dealer Arranged Conditional Sale Agreement under German law for the purchase of industrial manufacturing equipment worth €2.5 million, where my company is acting as the dealer facilitating the sale between a major German manufacturer and a medium-sized business customer."

Document background
The Dealer Arranged Conditional Sale Agreement is commonly used in Germany for significant asset purchases where the buyer requires financing but prefers to work through a dealer rather than directly with a financial institution. This document type is particularly relevant when dealing with high-value equipment, vehicles, or machinery sales. The agreement complies with German law requirements and typically includes detailed provisions on payment terms, title retention (Eigentumsvorbehalt), security interests, and enforcement rights. It's structured to protect all parties' interests while ensuring compliance with German commercial and consumer protection laws. The document is essential for transactions where the dealer acts as an intermediary between the financier and the buyer, handling both the sale and the arrangement of financing. The agreement's structure accommodates both business-to-business and business-to-consumer transactions, with additional consumer protection provisions included where required by German law.
Suggested Sections

1. Parties: Identification of the Seller (Dealer), Financier, and Buyer, including full legal names and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of the transaction

3. Definitions and Interpretation: Definitions of key terms and interpretation rules, including German law-specific terminology

4. Sale and Purchase: Core terms of the sale, including description of goods and transfer of title conditions

5. Price and Payment Terms: Purchase price, payment schedule, interest rates, and total amount payable

6. Dealer's Role and Obligations: Responsibilities and obligations of the dealer in arranging and facilitating the sale

7. Delivery and Acceptance: Terms regarding delivery, inspection, and acceptance of goods

8. Title and Risk: Retention of title provisions and risk transfer terms

9. Insurance Requirements: Mandatory insurance requirements and responsibilities

10. Default and Enforcement: Consequences of default and enforcement rights

11. Termination: Circumstances and process for agreement termination

12. Notices: Format and method of formal communications between parties

13. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

Optional Sections

1. Consumer Protection Provisions: Additional protections required when buyer is a consumer - include if buyer is not a business

2. Maintenance and Service: Terms for ongoing maintenance or service packages - include if additional services are part of the agreement

3. Trade-In Provisions: Terms relating to trade-in of existing goods - include if there is a trade-in component

4. Special Payment Arrangements: Terms for any non-standard payment structures - include if applicable

5. Data Protection: GDPR compliance terms - include if personal data is processed

6. Assignment: Terms allowing assignment of the agreement - include if assignment rights are needed

7. Force Majeure: Terms dealing with extraordinary events - include based on nature of goods/industry

Suggested Schedules

1. Schedule 1 - Asset Description: Detailed description of goods including specifications and condition

2. Schedule 2 - Payment Schedule: Detailed breakdown of payments, including dates and amounts

3. Schedule 3 - Delivery Terms: Specific delivery requirements and procedures

4. Schedule 4 - Insurance Requirements: Detailed insurance specifications and minimum coverage requirements

5. Schedule 5 - Warranty Terms: Manufacturer's warranty terms and additional warranty provisions

6. Appendix A - Required Forms: Standard German law forms and notices required for conditional sales

7. Appendix B - Dealer Authorization: Dealer's authorization documentation and credentials

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

Automotive

Manufacturing Equipment

Agricultural Machinery

Construction Equipment

Industrial Machinery

Medical Equipment

Technology Hardware

Transportation

Renewable Energy Equipment

Commercial Vehicles

Relevant Teams

Legal

Finance

Sales

Commercial

Risk

Compliance

Operations

Credit

Procurement

Business Development

Contract Administration

Relevant Roles

Sales Director

Finance Manager

Legal Counsel

Commercial Director

Credit Manager

Risk Manager

Compliance Officer

Business Development Manager

Contract Administrator

Operations Manager

Fleet Manager

Procurement Manager

Chief Financial Officer

Dealer Principal

Asset 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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