The As Is Sales Agreement under Dutch law is designed for transactions where goods or assets are sold in their existing condition, with the buyer accepting them with all their faults and imperfections. This document type is particularly useful for second-hand goods, used equipment, or assets where the seller wishes to limit their liability regarding the condition of the items. The agreement must comply with Dutch civil law requirements while clearly documenting the 'as is' nature of the sale. It includes detailed descriptions of the goods, known defects, and explicit acknowledgments from the buyer regarding inspection opportunities. While the agreement limits warranties, it cannot exclude mandatory provisions of Dutch law regarding serious hidden defects or intentionally concealed issues. This document is commonly used in business-to-business transactions but can also be adapted for consumer sales with appropriate mandatory consumer protection provisions.
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1. Parties: Identification and details of the seller and buyer, including registration numbers and addresses
2. Background: Context of the sale and acknowledgment that the goods are sold 'as is'
3. Definitions: Definitions of key terms used in the agreement, including 'As Is' and 'Goods'
4. Sale and Purchase: Core agreement to sell and purchase the goods in their current condition
5. Purchase Price and Payment: Amount, currency, payment method and timing
6. Condition of Goods: Express statement that goods are sold 'as is' with existing faults and current condition
7. Disclaimers and Warranties: Explicit disclaimers of warranties and conditions, subject to mandatory Dutch law provisions
8. Inspection and Acceptance: Confirmation that buyer has inspected or had opportunity to inspect the goods
9. Transfer of Title and Risk: Timing and conditions for transfer of ownership and risk
10. Delivery: Delivery terms, timing, and location
11. Governing Law and Jurisdiction: Specification of Dutch law and competent courts
12. Entire Agreement: Integration clause confirming complete agreement between parties
13. Execution: Signature blocks and execution details
1. Export Controls: Required when goods may be subject to export restrictions
2. Tax Provisions: Required when special tax considerations apply, particularly for high-value items
3. Insurance: Optional provisions for insurance during transit or temporary storage
4. Force Majeure: May be included for sales requiring extended delivery periods
5. Confidentiality: Required when sensitive information is exchanged during inspection or negotiation
6. Assignment: Include when transfer rights need to be restricted
7. Severability: Optional boilerplate for complex agreements
8. Third Party Rights: Required when third party interests might be involved
9. Dispute Resolution: Optional alternative dispute resolution procedures
1. Schedule 1 - Description of Goods: Detailed description of goods including photographs, serial numbers, and specifications
2. Schedule 2 - Known Defects and Condition: Comprehensive list of known defects, damage, or wear and tear
3. Schedule 3 - Inspection Report: Third-party inspection report or buyer's inspection acknowledgment
4. Schedule 4 - Delivery Details: Specific delivery instructions, timing, and location details
5. Schedule 5 - Historical Documentation: Previous maintenance records, ownership history, or relevant certificates
6. Appendix A - Photographs: Visual documentation of the goods' current condition
7. Appendix B - Technical Specifications: Original manufacturer specifications or technical documentation
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Industrial Equipment
Automotive
Real Estate
Maritime
Aviation
Agriculture
Construction
Technology
Retail
Machinery
Art and Antiquities
Heavy Equipment
Transportation
Energy
Relevant Teams
Legal
Procurement
Sales
Commercial
Operations
Risk Management
Compliance
Asset Management
Property Management
Contract Management
Business Development
Facilities Management
Relevant Roles
Legal Counsel
Contract Manager
Procurement Manager
Sales Manager
Business Development Manager
Asset Manager
Operations Manager
Commercial Director
Risk Manager
Compliance Officer
General Counsel
Chief Legal Officer
Property Manager
Fleet Manager
Equipment Manager
Facilities Manager
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