The Dealer Arranged Conditional Sale Agreement is designed for transactions in the Netherlands where a dealer facilitates the sale of goods to a buyer with financing provided by a third-party financier. This arrangement is commonly used for high-value equipment, vehicles, or machinery purchases where the buyer requires financing but prefers to work through a local dealer. The document structures the tripartite relationship, clearly defining each party's rights and obligations while ensuring compliance with Dutch financial regulations and consumer protection laws. It includes essential provisions for retention of title, payment terms, dealer's commission, delivery conditions, and default remedies. The agreement is particularly valuable when the dealer acts as an intermediary but the financial relationship needs to be directly established between the financier and the buyer, with appropriate security mechanisms in place.
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1. Parties: Identification of the Dealer, Financier, and Buyer with full legal details
2. Background: Context of the agreement, relationship between parties, and purpose of the conditional sale
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Sale and Purchase: Details of the goods being sold, purchase price, and conditional nature of the sale
5. Payment Terms: Payment schedule, interest rates, and payment methods
6. Dealer's Role and Obligations: Responsibilities and obligations of the dealer in arranging and facilitating the sale
7. Retention of Title: Terms regarding ownership retention until full payment is made
8. Delivery and Acceptance: Terms for delivery of goods and acceptance procedures
9. Warranties and Representations: Warranties from all parties regarding capacity, authority, and goods condition
10. Insurance and Risk: Requirements for insurance and allocation of risk
11. Default and Enforcement: Consequences of default and enforcement procedures
12. Termination: Circumstances and procedures for termination of the agreement
13. General Provisions: Standard clauses including notices, amendments, governing law, etc.
1. Security Arrangements: Additional security requirements beyond retention of title, used for high-value transactions
2. Maintenance and Use: Specific requirements for maintenance and use of goods, relevant for complex equipment
3. Import/Export Provisions: Required when goods are imported/exported across borders
4. Third Party Rights: Provisions regarding rights of third parties, used when relevant to the transaction
5. Data Protection: Detailed GDPR compliance provisions, required when significant personal data processing is involved
6. Assignment and Sub-Contracting: Terms for assignment rights, used in complex commercial arrangements
1. Schedule 1 - Description of Goods: Detailed specification of goods being sold
2. Schedule 2 - Payment Schedule: Detailed payment terms including dates, amounts, and interest calculations
3. Schedule 3 - Dealer Commission Structure: Details of dealer's commission and payment terms
4. Schedule 4 - Delivery Requirements: Specific delivery terms and conditions
5. Schedule 5 - Form of Acceptance Certificate: Template for formal acceptance of goods
6. Appendix A - Insurance Requirements: Detailed insurance specifications and requirements
7. Appendix B - Maintenance Schedule: Required maintenance procedures and schedules if applicable
8. Appendix C - Standard Terms and Conditions: General terms and conditions referenced in the main agreement
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