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Terms Of Sale Agreement Template for New Zealand

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Key Requirements PROMPT example:

Terms Of Sale Agreement

"I need a Terms of Sale Agreement for my New Zealand-based online electronics retail business, which will be launching in March 2025, with specific provisions for international shipping and digital product downloads."

Document background
The Terms of Sale Agreement is a fundamental legal document for any business operating in New Zealand that sells goods or services to customers. This document is essential for establishing clear commercial relationships and ensuring compliance with New Zealand's robust consumer protection framework. The agreement should be implemented when a business begins operations or updates its trading terms, and must align with key legislation including the Consumer Guarantees Act 1993, Fair Trading Act 1986, and Contract and Commercial Law Act 2017. Terms of Sale Agreements are particularly crucial for businesses engaged in regular commercial transactions, whether through physical stores, online platforms, or B2B arrangements. The document typically covers crucial aspects such as order processes, payment terms, delivery conditions, warranties, and dispute resolution procedures, while maintaining flexibility to accommodate different business models and sales channels.
Suggested Sections

1. Parties: Identification of the seller (company/business) and definition of customer/buyer

2. Background: Context of the agreement and general nature of the business relationship

3. Definitions: Key terms used throughout the agreement including 'Goods', 'Services', 'Price', 'Order', etc.

4. Order Process: Process for placing and accepting orders, including online ordering if applicable

5. Price and Payment: Pricing terms, payment methods, payment timing, and handling of GST

6. Delivery: Delivery terms, timeframes, costs, and risk transfer points

7. Title and Risk: When ownership transfers and risk allocation between parties

8. Product Quality and Returns: Product standards, warranty terms, and return processes in compliance with Consumer Guarantees Act

9. Liability and Indemnity: Limitation of liability and indemnification provisions

10. Term and Termination: Duration of agreement and circumstances for termination

11. General Provisions: Standard clauses including governing law, dispute resolution, and entire agreement

Optional Sections

1. Online Sales Terms: Additional terms specific to e-commerce sales, required if operating an online store

2. International Sales: Additional provisions for international sales including export requirements and international shipping

3. Credit Terms: Terms for credit arrangements, required if offering credit to customers

4. Intellectual Property: IP protection clauses, needed if selling branded or proprietary products

5. Reseller Provisions: Additional terms for wholesale or reseller relationships

6. Privacy and Data Protection: Detailed privacy terms, recommended if collecting significant customer data

7. Force Majeure: Provisions for unforeseen circumstances, recommended for long-term supply relationships

Suggested Schedules

1. Schedule 1: Price List: Current pricing for products/services, kept separate for easy updating

2. Schedule 2: Product Specifications: Detailed product descriptions and specifications

3. Schedule 3: Delivery Zones and Charges: Breakdown of delivery areas and associated costs

4. Schedule 4: Returns Policy: Detailed returns and refund procedures

5. Appendix A: Order Form Template: Standard form for placing orders

6. Appendix B: Warranty Terms: Detailed warranty terms and conditions

Authors

Alex Denne

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

Relevant legal definitions


































Clauses






























Relevant Industries

Retail

E-commerce

Manufacturing

Wholesale

Consumer Goods

Technology

Food and Beverage

Professional Services

Construction

Automotive

Healthcare Products

Electronics

Fashion and Apparel

Industrial Supplies

Relevant Teams

Legal

Sales

Operations

Commercial

Finance

Compliance

Customer Service

Risk Management

Business Development

Executive Leadership

Relevant Roles

Legal Counsel

Commercial Manager

Sales Director

Operations Manager

E-commerce Manager

Business Development Manager

Compliance Officer

Risk Manager

Customer Service Manager

Finance Director

Managing Director

Contract Administrator

Procurement Manager

Retail 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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