An As Is Sales Agreement is essential for transactions where assets are sold in their existing condition with limited warranties and representations. This document type is particularly relevant in Indonesia, where it must comply with specific provisions of the Civil Code (KUHPerdata) and consumer protection regulations while effectively disclaiming warranties. The agreement is commonly used for sales of used equipment, property, vehicles, or other assets where the seller wishes to limit their liability and the buyer accepts the asset's current condition. It includes detailed provisions for asset inspection, condition acknowledgment, and risk transfer, making it suitable for both commercial and private transactions under Indonesian law.
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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. Sale and Purchase: Core terms of the transaction including the asset description and purchase price
5. As Is Condition: Express acknowledgment that the asset is sold in its current condition with all faults
6. Buyer's Acknowledgments: Buyer's confirmation of inspection and acceptance of the asset's condition
7. Disclaimer of Warranties: Express disclaimer of warranties and representations except as specifically stated
8. Purchase Price and Payment: Payment terms, method, and timing
9. Delivery and Transfer: Terms for physical delivery and transfer of ownership
10. Risk and Title: Transfer of risk and legal title to the asset
11. Governing Law: Specification of Indonesian law as governing law
12. Dispute Resolution: Process for resolving disputes under Indonesian jurisdiction
1. Condition Report: Detailed description of known defects or issues - used when specific defects need documentation
2. Third Party Claims: Provisions regarding existing or potential third-party claims - used when there are known claims or risks
3. Intellectual Property: IP-related provisions - used when the asset includes or involves IP rights
4. Export/Import Requirements: Compliance with trade regulations - used for international sales
5. Environmental Matters: Environmental compliance and liabilities - used for real estate or industrial equipment
6. Tax Provisions: Specific tax arrangements - used when complex tax implications exist
7. Insurance: Insurance requirements during transfer - used for high-value assets or extended delivery periods
8. Confidentiality: Confidentiality obligations - used when sensitive information is involved
1. Asset Description Schedule: Detailed technical description and specifications of the asset
2. Condition Report Schedule: Comprehensive documentation of the asset's current condition, including photographs
3. Known Defects Schedule: List and description of all known defects or issues
4. Title Documents: Copies of relevant ownership documents and certificates
5. Maintenance Records: Historical maintenance and repair records if available
6. Inspection Report: Third-party inspection reports if conducted
7. Transfer Documents: Forms and documents required for legal transfer of ownership
8. Regulatory Compliance Documents: Relevant permits, licenses, or compliance certificates
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Real Estate
Automotive
Industrial Equipment
Construction
Agriculture
Mining
Technology
Maritime
Aviation
Retail
Energy
Relevant Teams
Legal
Procurement
Sales
Operations
Risk Management
Compliance
Finance
Asset Management
Commercial
Property Management
Business Development
Contract Administration
Relevant Roles
Legal Counsel
Contract Manager
Asset Manager
Procurement Manager
Sales Manager
Business Development Manager
Operations Manager
Risk Manager
Compliance Officer
Finance Manager
Property Manager
Fleet Manager
Equipment Manager
General Manager
Commercial Director
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