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Pennsylvania Contract for the International Sale of Goods with Purchase Money Security Interest

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The CISG governs international sales contracts if (1) both parties are located in Contracting States, or (2) private international law leads to the application of the law of a Contracting State (although, as permitted by the CISG (article 95), several Con

The Pennsylvania Contract for the International Sale of Goods with Purchase Money Security Interest is a legal agreement that governs the sale and financing of goods between parties located in different countries. This contract is specifically designed to adhere to the laws and regulations outlined in the United Nations Convention on Contracts for the International Sale of Goods (CSG), which provides a uniform international framework for international sales contracts. The key feature of this contract is the inclusion of a Purchase Money Security Interest (PSI) clause. A PSI is a legal right granted to a seller or lender to secure repayment or other obligations associated with the sale of goods. It allows the seller or lender to retain a security interest in the goods until all the associated obligations, such as payment, are fulfilled. This provides the seller or lender with additional protection in case of default or non-payment by the buyer. Pennsylvania recognizes different types of contracts for the international sale of goods with purchase money security interest, some of which include: 1. Simple PSI Contract: This type of contract grants the seller or lender a security interest in the goods sold or financed to secure the repayment of the purchase price or loan amount. 2. Floating Lien PSI Contract: This contract grants the seller or lender a security interest in a class of goods or inventory, rather than specific goods. The security interest "floats" over the inventory and attaches to any new goods acquired by the buyer, providing continuous security for the repayment of the purchase price or loan amount. 3. Equipment Financing PSI Contract: This specific type of contract deals with the sale of equipment or machinery. The seller or lender retains a security interest in the equipment sold, allowing for the repossession or liquidation of the equipment in case of default. 4. Vehicle Financing PSI Contract: This type of contract is applicable to the sale or financing of vehicles, such as cars, trucks, motorcycles, etc. The seller or lender retains a security interest in the vehicle until the full purchase price or loan amount is repaid. It is important for parties entering into such contracts to seek legal advice or consult an attorney specializing in international sales and finance laws to ensure compliance with both Pennsylvania state laws and international regulations. Such contracts may vary based on the specific transaction and the terms agreed upon by the parties involved.

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Ing to UCC Article 9, a purchase money security interest (PMSI) is a special type of security interest that enables those who finance a debtor's acquisition of goods to acquire a first priority security interest in the purchase-money collateral.

PMSI requirements for non-inventory collateral The credit extended by the creditor must be used by the debtor to purchase the collateral; and. The creditor must properly file a financing statement covering the collateral when the debtor receives possession of the collateral or within 20 days thereafter.

The PMSI must have been perfected within statutory requirements. For example, the PMSI receives priority status only if it is filed before or within the first 20 days of the borrower's possession of the goods.

If a buyer of a consumer good subject to a purchase-money security interest later sells the good, the security interest will pass to the new buyer.

If two or more creditors are properly perfected, then the priorities among such competing secured creditors is spelled out in the UCC, but the general rule is that the first to perfect has priority, whether the competing security interests and liens are consensual or nonconsensual.

What is a PMSI? A purchase money security interest (PMSI) is an exception to the first-in-time rule. It gives secured creditors who meet its requirements a special advantage to jump ahead in line of other creditors with respect to certain collateral.

The secured party must be able to demonstrate that the borrower's credit was used to purchase the collateral. The PMSI must be perfected by filing a financing statement either before or within 20 days after the debtor receives possession of the collateral.

A PMSI is automatically perfected when the security agreement attaches to collateral that is consumer goods. Consumer goods are goods primarily for personal use by the purchaser rather than for business use or resale.

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Pennsylvania Contract for the International Sale of Goods with Purchase Money Security Interest