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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."
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
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
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
Manufacturing
Industrial Equipment
Automotive
Construction
Agriculture
Technology
Real Estate
Heavy Machinery
Mining
Telecommunications
Energy
Transportation
Retail
Wholesale Trade
Asset Management
Legal
Procurement
Sales
Operations
Risk Management
Compliance
Asset Management
Commercial
Property Management
Finance
Business Development
Contracts Administration
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
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