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Credit Sales Agreement Template for Belgium

A Credit Sales Agreement under Belgian law is a comprehensive legal document that establishes the terms and conditions for the sale of goods or services with payment made through credit arrangements. The agreement combines elements of both sales and credit law, incorporating Belgian Civil Code requirements and specific provisions from the Belgian Code of Economic Law. It details payment schedules, interest calculations, security arrangements, and default provisions while ensuring compliance with Belgian consumer protection laws and EU regulations, particularly for consumer credit arrangements. The document includes specific provisions for late payments in accordance with Belgian commercial law and incorporates necessary data protection measures under GDPR.

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What is a Credit Sales Agreement?

The Credit Sales Agreement is essential for businesses operating in Belgium that offer credit terms for the purchase of goods or services. This document is particularly relevant when transactions involve significant amounts or extended payment periods, requiring formal documentation of credit terms and security arrangements. The agreement must comply with Belgian law, including the Civil Code, Code of Economic Law, and relevant EU directives, particularly regarding consumer protection and credit regulations. It's commonly used in both B2B and B2C contexts, though requirements differ significantly between these applications. The document typically includes comprehensive details about payment schedules, interest calculations, security arrangements, and default provisions, while ensuring compliance with Belgian financial regulations and GDPR requirements.

What sections should be included in a Credit Sales Agreement?

1. Parties: Identification of the creditor/seller and debtor/buyer, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, relationship between parties, and purpose of the credit sale arrangement

3. Definitions: Defined terms used throughout the agreement, including financial terms, payment-related definitions, and other key concepts

4. Credit Amount and Purpose: Specification of the credit amount, purpose of the credit, and details of the goods/services being financed

5. Payment Terms: Details of payment schedule, installments, interest rates, and payment methods

6. Interest and Fees: Specification of interest calculation, applicable fees, charges, and costs

7. Security and Collateral: Details of any security interests, liens, or collateral arrangements

8. Representations and Warranties: Statements of fact and assurances from both parties regarding their capacity, authority, and financial condition

9. Covenants: Ongoing obligations of the parties, including financial covenants and reporting requirements

10. Events of Default: Circumstances constituting default and consequences thereof

11. Remedies: Rights and remedies available to parties in case of default or breach

12. Term and Termination: Duration of the agreement and circumstances for early termination

13. Notices: Process and requirements for formal communications between parties

14. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes

15. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

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

1. Insurance Requirements: Required when the credit sale involves goods requiring insurance coverage

2. Personal Data Processing: Detailed GDPR compliance section required when personal data processing is extensive

3. Guarantees: Required when there are third-party guarantors for the credit

4. Cross-Default: Include when the buyer has other credit arrangements with the seller or related entities

5. Assignment and Transfer: Include when rights under the agreement may need to be transferred or assigned

6. Currency Provisions: Required for international transactions or when multiple currencies are involved

7. Force Majeure: Optional clause for circumstances preventing performance, more relevant for longer-term credit arrangements

What schedules should be included in a Credit Sales Agreement?

1. Payment Schedule: Detailed breakdown of payment dates, amounts, and installment structure

2. Description of Goods/Services: Detailed specification of items being financed under the agreement

3. Interest Rate Calculation: Detailed methodology for interest calculation and examples

4. Security Documents: Forms and details of security arrangements

5. Financial Covenants: Detailed financial ratios and reporting requirements

6. Form of Notice: Template forms for various notices under the agreement

7. Privacy Notice: Detailed GDPR-compliant privacy notice

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Belgium

Publisher

黑料视频

Document Type

Purchase Agreement

Cost

Free to use

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