Equipment Finance Agreement Template for England and Wales

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Key Requirements PROMPT example:

Equipment Finance Agreement

"Need an Equipment Finance Agreement to fund the purchase of a new MRI machine for our hospital, with quarterly payments over 5 years starting from March 2025, and including maintenance service provisions from the manufacturer."

Document background
The Equipment Finance Agreement serves as a crucial document for businesses seeking to acquire equipment without immediate full capital outlay. Under English and Welsh law, this agreement type provides a structured framework for equipment financing, detailing payment obligations, maintenance requirements, and risk allocation. It's particularly valuable for companies requiring significant capital equipment while preserving working capital, and can be structured as a lease, hire purchase, or loan arrangement, depending on accounting and tax considerations.
Suggested Sections

1. Parties: Identification of the finance provider and the borrower/lessee

2. Background: Context of the agreement and basic transaction structure

3. Definitions: Key terms used throughout the agreement including relevant legislation references

4. Equipment Details: Specific description and identification of the financed equipment

5. Financial Terms: Payment amounts, schedule, interest rates, and fees

6. Term and Termination: Duration of agreement and termination provisions

7. Title and Risk: Ownership rights and risk allocation

8. Maintenance and Use: Equipment maintenance obligations and permitted use

9. Insurance: Required insurance coverage for equipment

10. Default Provisions: Events of default and consequences

Optional Sections

1. Purchase Option: Terms for equipment purchase at end of term - include when offering purchase options to lessee

2. Asset Management: Tracking and monitoring provisions - include for high-value or multiple equipment items

3. Software License: Terms for associated software use - include when equipment includes software components

4. Service Level Agreement: Maintenance and support terms - include when providing maintenance services

Suggested Schedules

1. Equipment Schedule: Detailed list and specifications of equipment

2. Payment Schedule: Detailed payment terms and dates

3. Acceptance Certificate: Document confirming equipment delivery and acceptance

4. Insurance Requirements: Detailed insurance specifications

5. Maintenance Schedule: Required maintenance procedures and intervals

6. Return Conditions: Equipment condition requirements upon return

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
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Consumer Credit Act 1974: Primary legislation governing consumer credit agreements and some business lending. Essential for equipment finance agreements involving consumers or small businesses.

Financial Services and Markets Act 2000: Key legislation regulating financial services activities in the UK, including equipment financing arrangements.

Supply of Goods and Services Act 1982: Governs the quality and fitness for purpose of goods and services, including equipment supplied under finance agreements.

Unfair Contract Terms Act 1977: Controls the use of exclusion and limitation clauses in contracts, ensuring fairness in commercial agreements.

Consumer Rights Act 2015: Consolidates consumer protection law, particularly relevant if the equipment finance agreement involves consumers.

Financial Services and Markets Act 2000 (Regulated Activities) Order 2001: Specifies which activities require FCA authorization, including certain types of equipment financing.

Consumer Protection from Unfair Trading Regulations 2008: Protects consumers from unfair commercial practices, applicable to marketing and execution of finance agreements.

Consumer Credit (EU Directive) Regulations 2010: Implements EU consumer credit rules into UK law, setting standards for credit agreements.

Sale of Goods Act 1979: Fundamental legislation governing the sale of goods, relevant to the equipment aspects of the finance agreement.

Hire Purchase Act 1964: Specific legislation governing hire purchase agreements, which may be relevant depending on the structure of the equipment finance.

Bills of Sale Acts 1878 and 1882: Historic legislation that may apply to certain types of security over goods in equipment finance arrangements.

Money Laundering Regulations 2017: Sets out anti-money laundering requirements applicable to financial services including equipment finance.

Data Protection Act 2018: Governs the processing of personal data, relevant for customer information handling in finance agreements.

UK GDPR: Post-Brexit data protection regulation implementing European-style data protection requirements in UK law.

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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