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Sold As Is Contract for Australia

Sold As Is Contract Template for Australia

An Australian Sold As Is Contract is a legally binding agreement used for the sale of goods in their current condition, without warranties or guarantees beyond those mandated by Australian Consumer Law. This document explicitly outlines the current condition of the goods, including any known defects, and includes the buyer's acknowledgment of the goods' condition. The contract complies with Australian federal and state legislation, including the Competition and Consumer Act 2010 and relevant state-specific Sale of Goods Acts, while clearly establishing the limited liability of the seller and the buyer's acceptance of the goods in their present state.

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What is a Sold As Is Contract?

The Sold As Is Contract is essential for transactions where goods are being sold in their current condition without additional warranties or guarantees beyond those mandated by law. This document is commonly used in Australia for second-hand goods, surplus inventory, demonstrator models, or items with known imperfections. It protects sellers by clearly documenting the 'as is' nature of the sale while ensuring compliance with mandatory provisions of the Australian Consumer Law. The contract includes detailed descriptions of the goods' condition, known defects, and buyer acknowledgments, making it suitable for both business-to-business and business-to-consumer transactions. It's particularly important in jurisdictions where consumer protection laws are strong, as certain guarantees cannot be contracted out of, even in 'as is' sales.

What sections should be included in a Sold As Is Contract?

1. Parties: Identification and details of the seller and buyer

2. Background: Context of the sale and acknowledgment that the goods are being sold 'as is'

3. Definitions: Key terms used in the agreement including 'as is', 'goods', and other relevant definitions

4. Sale and Purchase: Details of the goods being sold and the purchase price

5. Condition of Goods: Detailed description of the current condition of the goods and any known defects

6. As Is Clause: Express statement that goods are sold 'as is' with no warranties or guarantees except those mandated by law

7. Buyer's Acknowledgments: Buyer's confirmation of inspection and acceptance of goods in current condition

8. Price and Payment: Purchase price, payment terms, and method of payment

9. Delivery: Terms and conditions for delivery or collection of the goods

10. Risk and Title: Transfer of risk and ownership provisions

11. Mandatory Consumer Guarantees: Statement of any applicable mandatory consumer guarantees that cannot be excluded under Australian Consumer Law

12. Governing Law: Specification that Australian law governs the agreement

13. Execution: Signature blocks and execution provisions

What sections are optional to include in a Sold As Is Contract?

1. Insurance: Required if there's a gap between purchase and collection/delivery of valuable items

2. Third-Party Claims: Include when selling items that might be subject to third-party intellectual property rights or other claims

3. Export/Import Requirements: Include for international sales or items with special regulatory requirements

4. Inspection Period: Optional clause allowing buyer a specific period to inspect goods before finalizing purchase

5. Return Policy: Include if offering any return rights despite 'as is' nature

6. Dispute Resolution: Include for high-value items or complex sales to specify dispute resolution process

What schedules should be included in a Sold As Is Contract?

1. Schedule 1 - Description of Goods: Detailed description of goods including photographs, serial numbers, and specific condition notes

2. Schedule 2 - Known Defects: Comprehensive list of known defects or issues with the goods

3. Schedule 3 - Inspection Report: If applicable, third-party inspection report or condition assessment

4. Appendix A - Photographs: Dated photographs showing the condition of the goods

5. Appendix B - Service History: For mechanical items, history of repairs and maintenance

6. Appendix C - Compliance Certificates: Any relevant safety or compliance certificates for the goods

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Sales Contract

Sector

Sales

Cost

Free to use
Relevant legal definitions

























Clauses






















Relevant Industries

Retail

Automotive

Manufacturing

Industrial Equipment

Construction

Agriculture

Mining

Technology

Real Estate

Marine

Aviation

Machinery and Equipment

Antiques and Collectibles

Furniture and Home Goods

Relevant Teams

Legal

Sales

Procurement

Operations

Risk Management

Compliance

Asset Management

Commercial

Property Management

Fleet Management

Inventory Control

Contract Administration

Relevant Roles

Sales Manager

Procurement Officer

Legal Counsel

Contract Administrator

Business Owner

Operations Manager

Asset Manager

Commercial Manager

Risk Manager

Compliance Officer

Property Manager

Fleet Manager

Inventory Manager

Auction Manager

Liquidation Specialist

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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