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As Is Sales Agreement Template for Germany

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Key Requirements PROMPT example:

As Is Sales Agreement

"I need a German law As Is Sales Agreement for selling used manufacturing equipment (a 2020 Model XJ-5000 Industrial Press) to a corporate buyer, with delivery scheduled for March 2025 and specific provisions for technical inspection before acceptance."

Document background
The As Is Sales Agreement under German law is utilized when selling assets, equipment, or property in their current condition without traditional warranties or guarantees beyond those mandated by law. This document type is particularly relevant for second-hand sales, asset disposals, or situations where the seller wishes to limit their liability regarding the asset's condition. The agreement must comply with German legal requirements, including specific provisions of the German Civil Code (BGB) regarding sales contracts, warranty disclaimers, and mandatory disclosures. While it limits seller liability, it cannot exclude certain mandatory warranties and must include specific consumer protection provisions when selling to non-business buyers. The document typically includes detailed descriptions of the asset's condition, known defects, and explicit acknowledgments from the buyer regarding their acceptance of the asset's current state.
Suggested Sections

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

2. Background: Context of the sale and brief description of the asset being sold

3. Definitions: Key terms used throughout the agreement

4. Object of Sale: Detailed description of the asset being sold, including its current condition and known defects

5. Purchase Price and Payment: Purchase price, payment terms, and payment method

6. 'As Is' Condition and Disclaimer: Clear statement that the asset is being sold 'As Is', with explicit disclaimers regarding condition and quality

7. Representations and Warranties: Limited representations by seller, acknowledgments by buyer regarding inspection and acceptance of condition

8. Transfer of Title and Risk: Timing and conditions for transfer of ownership and risk

9. Delivery and Acceptance: Terms regarding delivery, inspection, and formal acceptance of the asset

10. Limitation of Liability: Scope of liability limitations in accordance with German law

11. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes

12. Miscellaneous: Standard provisions including severability, entire agreement, and amendments

Optional Sections

1. Consumer Protection Notice: Required when selling to consumers, containing mandatory consumer protection information

2. Intellectual Property: Needed when the sale involves assets with associated intellectual property rights

3. Export Control: Required for items subject to export regulations

4. Environmental Provisions: Necessary for sales of assets with potential environmental implications

5. Tax Provisions: Detailed tax handling when significant tax implications exist

6. Insurance: Insurance requirements during transition period if applicable

7. Confidentiality: Required when sensitive information is exchanged during the sale process

8. Force Majeure: Optional clause for handling unforeseen circumstances affecting delivery

Suggested Schedules

1. Asset Description Schedule: Detailed technical description and specifications of the asset

2. Condition Report: Detailed documentation of the asset's current condition, including photographs and known defects

3. Price Schedule: Breakdown of price components if the price structure is complex

4. Delivery Schedule: Specific delivery terms, timing, and logistics details

5. Required Permits: List of permits and authorizations needed for the transfer

6. Historical Documentation: Previous maintenance records, ownership history, and relevant documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Manufacturing

Industrial Equipment

Automotive

Construction

Agriculture

Technology

Real Estate

Heavy Machinery

Mining

Telecommunications

Energy

Transportation

Retail

Wholesale Trade

Asset Management

Relevant Teams

Legal

Procurement

Sales

Operations

Risk Management

Compliance

Asset Management

Commercial

Property Management

Finance

Business Development

Contracts Administration

Relevant Roles

Legal Counsel

Contract Manager

Procurement Manager

Sales Manager

Asset Manager

Business Development Manager

Operations Manager

Commercial Director

Risk Manager

Compliance Officer

Property Manager

Equipment Manager

Fleet Manager

Facility Manager

General Counsel

Chief Legal Officer

Chief Financial Officer

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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