The As Is Sales Agreement is essential for transactions where goods are sold in their existing condition without warranties beyond those mandated by law. This document is particularly relevant in Australia, where despite the 'as is' nature of the sale, certain statutory guarantees under the Australian Consumer Law cannot be excluded. The agreement is commonly used for selling used equipment, machinery, vehicles, or other assets where the seller wishes to limit their liability regarding the condition of the goods. It includes detailed descriptions of the goods, their current condition, any known defects, and explicit acknowledgments from the buyer regarding their acceptance of the goods' condition. The document balances the seller's need to limit warranties with compliance with Australian consumer protection laws, making it suitable for both commercial and consumer transactions.
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1. Parties: Identifies and provides full details of the seller and buyer, including legal names, addresses, and ACN/ABN if applicable
2. Background: Contextual information about the sale and the purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Sale and Purchase: Core terms of the sale, including identification of goods and purchase price
5. 'As Is' Condition: Explicit statement that goods are sold 'as is' with all faults and existing condition, and buyer's acknowledgment of the same
6. Price and Payment: Details of the purchase price, payment terms, and method of payment
7. Delivery and Transfer of Title: Terms regarding delivery of goods, transfer of ownership, and risk
8. Buyer's Acknowledgments: Buyer's confirmation of inspection, acceptance of condition, and understanding of 'as is' nature
9. Seller's Limited Obligations: Clear statement of seller's limited warranties and obligations under the 'as is' sale
10. Completion: Requirements and process for completing the sale
11. Default and Termination: Consequences of default and circumstances for termination
12. General Provisions: Standard legal provisions including governing law, notices, and entire agreement clause
1. Condition Report: Detailed description of known defects or condition issues - recommended for high-value items
2. Regulatory Compliance: Include when selling regulated goods or goods requiring specific compliance obligations
3. Intellectual Property: Required when the sale includes software, patents, trademarks, or other IP rights
4. Confidentiality: Important when the sale involves sensitive information or trade secrets
5. Security Interest: Include if there are any security interests registered on the Personal Property Securities Register
6. Insurance: Relevant for high-value items or when delivery involves significant risks
7. Installation Requirements: Include when goods require specific installation or setup procedures
8. Training and Support: Relevant when selling complex equipment or systems that require user training
1. Schedule 1 - Description of Goods: Detailed description of items being sold, including specifications, serial numbers, and current condition
2. Schedule 2 - Price Breakdown: Itemized list of prices if multiple items are being sold
3. Schedule 3 - Known Defects: List of known issues, defects, or maintenance history
4. Schedule 4 - Delivery Details: Specific delivery instructions, timing, and logistics requirements
5. Schedule 5 - Photos and Documentation: Visual evidence of the goods' condition at time of sale
6. Appendix A - Maintenance Records: Historical maintenance and repair documentation
7. Appendix B - Technical Specifications: Detailed technical information and specifications of the goods
8. Appendix C - Compliance Certificates: Any relevant safety, quality, or regulatory certificates
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Automotive
Industrial Equipment
Real Estate
Technology
Retail
Agriculture
Construction
Mining
Marine
Aviation
Machinery and Equipment
Telecommunications
Heavy Industry
Small Business
Relevant Teams
Legal
Sales
Procurement
Operations
Risk and Compliance
Commercial
Finance
Supply Chain
Asset Management
Business Development
Relevant Roles
Legal Counsel
Contract Manager
Sales Manager
Procurement Manager
Business Development Manager
Operations Manager
Asset Manager
Commercial Manager
Risk Manager
Compliance Officer
General Manager
Director of Operations
Chief Financial Officer
Supply Chain Manager
Fleet Manager
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