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Trade Credit Agreement for the United Kingdom

Trade Credit Agreement Template for England and Wales

A Trade Credit Agreement is a legally binding document governed by English and Welsh law that establishes the terms and conditions under which a supplier provides goods or services on credit to a business customer. It outlines payment terms, credit limits, interest rates, and default provisions, while ensuring compliance with UK commercial law and financial regulations. The agreement provides protection for both parties by clearly defining their rights and obligations in the credit relationship.

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What is a Trade Credit Agreement?

Trade Credit Agreements are essential documents in business-to-business transactions where goods or services are provided on deferred payment terms. These agreements, governed by English and Welsh law, protect both suppliers and buyers by clearly defining credit terms, payment obligations, and consequences of default. A Trade Credit Agreement typically includes credit limits, payment schedules, interest rates for late payment, and any security requirements. It's particularly crucial in sectors with extended payment terms or high-value transactions, helping businesses manage cash flow while maintaining legal compliance with UK commercial law.

What sections should be included in a Trade Credit Agreement?

1. Parties: Identification and details of the creditor and debtor

2. Background: Context of the trade credit relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement including payment terms, credit period, and other relevant definitions

4. Credit Terms: Detailed provisions regarding credit limit, payment terms, and applicable interest rates

5. Payment Conditions: Specific conditions regarding payment schedules, acceptable payment methods, and currencies

6. Default Provisions: Consequences of payment default, enforcement rights, and remedies available to the creditor

7. Representations and Warranties: Standard representations and warranties from both parties regarding their capacity and authority

8. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

9. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law

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

1. Security Provisions: Details of any security or guarantees required for the credit facility

2. Insurance Requirements: Specific insurance requirements for goods or credit protection

3. Trading History Requirements: Minimum trading history or financial requirements for maintaining credit

4. Credit Review Process: Procedures for periodic review of credit terms and limits

5. Data Protection: Specific provisions regarding handling of personal data under GDPR when dealing with sole traders or partnerships

What schedules should be included in a Trade Credit Agreement?

1. Schedule 1 - Credit Application Form: Standard form containing credit application details and requirements

2. Schedule 2 - Personal Guarantee: Form of personal guarantee where required for credit security

3. Schedule 3 - Payment Schedule: Detailed payment terms, dates, and installment amounts if applicable

4. Schedule 4 - Security Documentation: Details of any security arrangements and associated documentation

5. Schedule 5 - Interest Rate Calculation: Methodology for calculating interest on late payments or outstanding amounts

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

England and Wales

Publisher

Genie AI

Document Type

Finance Agreement

Cost

Free to use
Relevant legal definitions
























Clauses



























Industries

Consumer Credit Act 1974: Primary legislation governing consumer credit arrangements in the UK. Must be considered if the trade credit agreement has any consumer credit elements.

Late Payment of Commercial Debts (Interest) Act 1998: Legislation that provides for statutory interest on late payments in commercial transactions and sets out the framework for claiming interest on overdue payments.

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

Consumer Rights Act 2015: Key legislation protecting consumer rights, relevant if the trade credit agreement involves consumers rather than purely business-to-business transactions.

Sale of Goods Act 1979: Fundamental legislation governing the sale of goods in the UK, including terms about title, description, quality, and fitness for purpose.

Supply of Goods and Services Act 1982: Legislation setting out implied terms in contracts for the supply of goods and services.

Financial Conduct Authority Regulations: Regulatory framework overseeing financial services and credit-related activities in the UK, including specific rules and guidance for credit providers.

Consumer Credit sourcebook (CONC): Part of the FCA handbook containing detailed rules and guidance for firms carrying on credit-related regulated activities.

Financial Services and Markets Act 2000: Principal legislation for financial services regulation in the UK, establishing regulatory framework and enforcement powers.

UK GDPR and Data Protection Act 2018: Legislative framework governing the processing and protection of personal data, crucial for handling customer information in credit agreements.

Money Laundering Regulations 2017: Regulations requiring businesses to implement procedures to prevent money laundering and report suspicious activities.

Enterprise Act 2002: Contains important provisions regarding insolvency and corporate behavior, relevant for credit risk assessment and enforcement.

Retained EU Law: Post-Brexit EU-derived legislation that continues to apply in UK law, including regulations affecting trade credit arrangements.

EU Directive 2011/7/EU Implementation: UK implementation of EU rules on combating late payment in commercial transactions, providing framework for payment terms and compensation.

Common Law Principles: Established case law principles governing contract formation, interpretation, and enforcement in England and Wales.

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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