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Terms Of Sale Agreement Template for Australia

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Key Requirements PROMPT example:

Terms Of Sale Agreement

"I need a Terms of Sale Agreement for my Australian e-commerce business that sells electronic components to both retail and wholesale customers, with specific provisions for international shipping and returns policy that will take effect from January 2025."

Document background
The Terms of Sale Agreement serves as a fundamental legal document for businesses operating in Australia that regularly sell goods or services. This document is essential for establishing clear commercial relationships and protecting both parties' interests while ensuring compliance with Australian Consumer Law and state-based regulations. The agreement typically covers crucial aspects such as order processes, payment terms, delivery conditions, warranties, and liability limitations. It's particularly important for businesses seeking to standardize their sales processes and maintain consistent terms across transactions. The Terms of Sale Agreement should be regularly reviewed and updated to reflect changes in business practices and legal requirements, particularly as it operates within the Australian jurisdiction where consumer protection laws are robust and strictly enforced.
Suggested Sections

1. Parties: Identification of the seller and buyer, including full legal names, ABN/ACN, and registered addresses

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Order Process: Procedures for placing, accepting, and fulfilling orders

5. Pricing and Payment Terms: Details of pricing, payment methods, payment terms, and late payment consequences

6. Delivery and Risk: Terms regarding delivery, shipping, transfer of risk, and acceptance of goods

7. Title and Property: Provisions regarding transfer of title and retention of title until full payment

8. Returns and Refunds: Policies and procedures for returns, refunds, and damaged goods

9. Warranties and Consumer Guarantees: Mandatory warranties under Australian Consumer Law and any additional warranties

10. Limitation of Liability: Limitations on seller's liability in compliance with Australian Consumer Law

11. Termination: Circumstances and processes for terminating the agreement

12. General Provisions: Standard legal provisions including governing law, notices, and entire agreement

Optional Sections

1. Credit Terms: Include when offering credit facilities to buyers, detailing credit limits and conditions

2. Intellectual Property: Include when products involve IP rights or licensed materials

3. Consignment Terms: Include for consignment sale arrangements

4. International Sales Provisions: Include for international sales, covering Incoterms and cross-border requirements

5. Product Specifications: Include when selling technical or specialized products requiring detailed specifications

6. Minimum Order Requirements: Include when establishing minimum order quantities or values

7. Reseller Terms: Include when products are sold through resellers or distributors

8. Force Majeure: Include when specific provisions for unforeseen circumstances are needed

Suggested Schedules

1. Schedule 1 - Price List: Current pricing for products or services, including any volume discounts

2. Schedule 2 - Product Specifications: Detailed technical specifications and requirements for products

3. Schedule 3 - Delivery Terms: Specific delivery timeframes, costs, and requirements by region or product type

4. Schedule 4 - Returns Procedure: Detailed process for handling returns, including required documentation

5. Schedule 5 - Service Level Agreement: Performance metrics and service standards if applicable

6. Appendix A - Order Form Template: Standard form for placing orders

7. Appendix B - Warranty Certificate: Details of product warranties and claim procedures

Authors

Alex Denne

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

Relevant legal definitions
































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Relevant Industries

Retail

Manufacturing

Wholesale Trade

E-commerce

Consumer Goods

Industrial Equipment

Technology

Automotive

Food and Beverage

Construction Materials

Electronics

Pharmaceuticals

Furniture and Home Goods

Textiles and Apparel

Agricultural Products

Mining Equipment

Medical Supplies

Chemical Products

Relevant Teams

Legal

Sales

Commercial

Operations

Finance

Compliance

Risk Management

Customer Service

Supply Chain

Business Development

Contract Administration

Procurement

Relevant Roles

Sales Manager

Commercial Director

Legal Counsel

Compliance Officer

Business Development Manager

Operations Manager

Contract Administrator

Chief Financial Officer

Account Manager

Procurement Manager

Supply Chain Manager

General Counsel

Risk Manager

Chief Commercial Officer

Sales Operations Manager

Customer Service Manager

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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