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Sale Of Goods Agreement for New Zealand

Sale Of Goods Agreement Template for New Zealand

A Sale of Goods Agreement under New Zealand law is a legally binding contract that governs the sale and purchase of goods between commercial parties. It sets out the essential terms of the transaction, including product specifications, pricing, delivery terms, warranties, and risk transfer. The agreement is structured to comply with New Zealand's Sale of Goods Act 1908 and related commercial legislation, providing clear rights and obligations for both parties while offering appropriate protections and remedies in case of breach.

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What is a Sale Of Goods Agreement?

The Sale of Goods Agreement is a crucial commercial contract used in New Zealand business transactions for the purchase and sale of goods between parties. This document is essential when businesses need to establish clear terms for the transfer of goods, whether for a one-time purchase or ongoing supply arrangement. The agreement encompasses key elements required under New Zealand law, including the Sale of Goods Act 1908 and the Contract and Commercial Law Act 2017, ensuring compliance with local regulatory requirements. It is particularly valuable for businesses seeking to formalize their trading relationships, manage risk, and create certainty in their commercial dealings. The document typically includes detailed provisions on product specifications, quality standards, delivery terms, risk transfer, warranties, and dispute resolution mechanisms.

What sections should be included in a Sale Of Goods Agreement?

1. Parties: Identification and details of the seller and buyer, including registered addresses and company numbers

2. Background: Context of the agreement and brief description of the transaction purpose

3. Definitions: Defined terms used throughout the agreement

4. Sale and Purchase: Core agreement for the sale and purchase of goods

5. Price and Payment: Purchase price, payment terms, invoicing, and payment methods

6. Delivery: Delivery terms, timing, location, and logistics arrangements

7. Risk and Title: Transfer of risk and retention of title provisions

8. Quality and Description: Specifications, quality standards, and warranties for the goods

9. Inspection and Acceptance: Procedures for inspecting and accepting the goods

10. Warranties and Representations: Standard warranties regarding goods and capacity to contract

11. Limitation of Liability: Limitations and exclusions of liability

12. Term and Termination: Duration of agreement and termination rights

13. General Provisions: Standard boilerplate clauses including notices, governing law, and dispute resolution

What sections are optional to include in a Sale Of Goods Agreement?

1. International Shipping Terms: Include when goods are being shipped internationally, specifying Incoterms and customs requirements

2. Intellectual Property: Include when the goods involve patents, trademarks, or other IP rights

3. Exclusive Distribution Rights: Include when granting exclusive rights to sell in certain territories

4. Insurance: Include when specific insurance requirements are needed beyond standard delivery insurance

5. Quality Control and Testing: Include for technical or specialized products requiring specific testing protocols

6. Compliance with Laws: Include when dealing with regulated products or cross-border sales

7. Minimum Purchase Requirements: Include for ongoing supply arrangements with minimum quantity commitments

8. Returns and Refunds: Include detailed return policies for specific types of goods

9. Training and Support: Include when technical products require seller support or training

What schedules should be included in a Sale Of Goods Agreement?

1. Schedule 1 - Goods Specification: Detailed technical specifications, drawings, or descriptions of the goods

2. Schedule 2 - Pricing Schedule: Detailed pricing information, including volume discounts if applicable

3. Schedule 3 - Delivery Schedule: Specific delivery dates, locations, and quantities for multiple deliveries

4. Schedule 4 - Quality Standards: Detailed quality requirements and testing procedures

5. Schedule 5 - Warranty Terms: Detailed warranty terms and claims procedures

6. Appendix A - Form of Purchase Order: Standard form for ordering goods under the agreement

7. Appendix B - Acceptance Certificate: Form for formal acceptance of delivered goods

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

New Zealand

Publisher

Ƶ

Document Type

Sales Contract

Sector

Sales

Cost

Free to use
Relevant legal definitions



































Clauses



































Relevant Industries

Manufacturing

Retail

Wholesale Trade

Agriculture

Mining

Construction

Technology

Automotive

Consumer Goods

Industrial Equipment

Food and Beverage

Pharmaceuticals

Electronics

Textiles

Chemical Industry

Relevant Teams

Legal

Procurement

Commercial

Supply Chain

Operations

Sales

Compliance

Finance

Risk Management

Business Development

Contract Administration

Relevant Roles

Procurement Manager

Commercial Director

Supply Chain Manager

Legal Counsel

Contract Manager

Purchasing Officer

Sales Director

Operations Manager

Business Development Manager

Compliance Officer

Trade Finance Manager

Category Manager

Vendor Manager

Commercial Lawyer

Risk Manager

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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