The As Is Sale Contract is essential for transactions in Indonesia where assets are sold in their existing condition without warranties beyond statutory requirements. This document type is particularly relevant when selling used equipment, second-hand goods, or assets where the seller wishes to limit future liability for the condition of the item sold. The contract must carefully balance the seller's desire to limit warranties with Indonesian consumer protection requirements, making it compliant with both the Civil Code (KUHPerdata) and Law No. 8 of 1999 on Consumer Protection. It includes detailed provisions for buyer inspection rights, explicit acknowledgments of the asset's condition, and clear documentation of any known defects, while maintaining the fundamental "as is" nature of the transaction.
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1. Parties: Identifies and provides full details of the seller and buyer, including registration numbers for companies
2. Background: Establishes the context of the sale and confirms the buyer's opportunity to inspect the asset
3. Definitions: Defines key terms used in the agreement, including 'as is' condition and related concepts
4. Sale and Purchase: Core terms of the sale, including clear statement of 'as is' nature
5. Purchase Price and Payment: Details of the purchase price, payment terms, and payment method
6. Condition of Asset: Explicit description of 'as is' condition and disclaimer of warranties
7. Buyer's Acknowledgments: Buyer's confirmation of inspection and acceptance of asset condition
8. Risk and Title: Transfer of risk and ownership provisions
9. Delivery and Collection: Terms for asset delivery or collection
10. Seller's Limited Obligations: Specifies the minimal obligations retained by seller
11. Governing Law and Jurisdiction: Confirms Indonesian law governance and jurisdiction for disputes
12. Entire Agreement: Confirms contract as complete agreement between parties
13. Execution: Signature blocks and execution requirements
1. Conditions Precedent: Used when completion depends on specific conditions being met
2. Regulatory Compliance: Required for sales of regulated assets or in regulated industries
3. Tax Provisions: Include when specific tax arrangements or implications need to be addressed
4. Insurance: Required when insurance arrangements need to be specified during transition
5. Confidentiality: Include for sales involving sensitive commercial information
6. Force Majeure: Optional protection against unforeseen events affecting completion
7. Assignment: Include if transfer rights need to be specifically addressed
8. Dispute Resolution: Detailed dispute resolution procedures beyond basic jurisdiction clause
1. Asset Description Schedule: Detailed description of asset(s) being sold, including current condition
2. Known Defects Schedule: List of known defects or issues with the asset
3. Delivery Details: Specific arrangements for delivery or collection
4. Price and Payment Schedule: Detailed breakdown of price and payment terms if complex
5. Form of Transfer Documents: Templates for any required transfer documentation
6. Inspection Report: Results of any pre-sale inspections or condition reports
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Automotive
Real Estate
Industrial Equipment
Consumer Goods
Construction
Agriculture
Technology
Maritime
Mining
Retail
Relevant Teams
Legal
Sales
Procurement
Commercial
Risk Management
Operations
Compliance
Asset Management
Business Development
Relevant Roles
Legal Counsel
Contract Manager
Sales Manager
Procurement Manager
Business Development Manager
Risk Manager
Commercial Director
Operations Manager
Asset Manager
Compliance Officer
General Manager
Chief Legal Officer
Chief Commercial Officer
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