The Auto Sales Contract With Payments is designed for use in New Zealand's automotive market where vehicles are sold with structured payment arrangements rather than full upfront payment. This document is essential for both dealerships and private sellers who wish to offer payment plans while protecting their interests through proper security registration. It incorporates requirements from New Zealand's consumer protection legislation, motor vehicle trading laws, and financial regulations, making it suitable for various transaction types from simple private sales to complex dealer arrangements. The contract includes comprehensive details about the vehicle, payment terms, security interests, and obligations of all parties, while ensuring compliance with the Credit Contracts and Consumer Finance Act 2003 and related regulations.
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1. Parties: Identification of the seller and purchaser with full legal names and addresses
2. Background: Context of the transaction and acknowledgment of the parties' intention to enter into a vehicle sale agreement with payments
3. Definitions: Key terms used throughout the agreement including 'Vehicle', 'Purchase Price', 'Payment Schedule', 'Settlement Date'
4. Vehicle Details: Comprehensive description of the vehicle including make, model, year, VIN, registration number, odometer reading, and existing warranties
5. Purchase Price and Payment Terms: Total purchase price, deposit amount, payment schedule, interest rates if applicable, and payment methods
6. Transfer of Title and Risk: Conditions for transfer of ownership, retention of title until full payment, and transfer of risk provisions
7. Seller's Obligations: Obligations including delivering the vehicle, providing documentation, and warranties
8. Purchaser's Obligations: Obligations including making payments, maintaining insurance, and vehicle maintenance requirements
9. Security Interest: Creation and registration of security interest under the PPSA until full payment
10. Default and Enforcement: Consequences of default, enforcement rights, and remedies available to both parties
11. General Provisions: Standard contract clauses including governing law, notices, and dispute resolution
1. Trade-In Details: Used when there is a trade-in vehicle as part of the purchase arrangement
2. Insurance Requirements: Detailed insurance obligations when specific insurance requirements are needed beyond standard coverage
3. Guarantor Provisions: Required when a guarantor is providing additional security for the payments
4. Modification Restrictions: Used when specific restrictions on vehicle modifications need to be imposed during the payment period
5. Early Payment Provisions: Details of early payment options and any associated fees or benefits when early payment is allowed
6. International Purchase Provisions: Required for purchases involving international buyers or cross-border transactions
1. Payment Schedule: Detailed breakdown of payment amounts, due dates, and payment methods
2. Vehicle Condition Report: Comprehensive report on the vehicle's condition at the time of sale
3. Vehicle Service History: Documentation of the vehicle's service and maintenance history
4. Warranty Details: Details of any manufacturer's or extended warranties applicable to the vehicle
5. Insurance Certificate: Copy of the required insurance coverage for the vehicle
6. PPSR Registration: Personal Property Securities Register documentation
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