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Sold As Is Contract
"I need a Sold As Is Contract for selling my company's used manufacturing equipment (five industrial printing machines) to another business in Western Australia, with delivery scheduled for March 2025 and including detailed specifications of known mechanical wear."
1. Parties: Identification and details of the seller and buyer
2. Background: Context of the sale and acknowledgment that the goods are being sold 'as is'
3. Definitions: Key terms used in the agreement including 'as is', 'goods', and other relevant definitions
4. Sale and Purchase: Details of the goods being sold and the purchase price
5. Condition of Goods: Detailed description of the current condition of the goods and any known defects
6. As Is Clause: Express statement that goods are sold 'as is' with no warranties or guarantees except those mandated by law
7. Buyer's Acknowledgments: Buyer's confirmation of inspection and acceptance of goods in current condition
8. Price and Payment: Purchase price, payment terms, and method of payment
9. Delivery: Terms and conditions for delivery or collection of the goods
10. Risk and Title: Transfer of risk and ownership provisions
11. Mandatory Consumer Guarantees: Statement of any applicable mandatory consumer guarantees that cannot be excluded under Australian Consumer Law
12. Governing Law: Specification that Australian law governs the agreement
13. Execution: Signature blocks and execution provisions
1. Insurance: Required if there's a gap between purchase and collection/delivery of valuable items
2. Third-Party Claims: Include when selling items that might be subject to third-party intellectual property rights or other claims
3. Export/Import Requirements: Include for international sales or items with special regulatory requirements
4. Inspection Period: Optional clause allowing buyer a specific period to inspect goods before finalizing purchase
5. Return Policy: Include if offering any return rights despite 'as is' nature
6. Dispute Resolution: Include for high-value items or complex sales to specify dispute resolution process
1. Schedule 1 - Description of Goods: Detailed description of goods including photographs, serial numbers, and specific condition notes
2. Schedule 2 - Known Defects: Comprehensive list of known defects or issues with the goods
3. Schedule 3 - Inspection Report: If applicable, third-party inspection report or condition assessment
4. Appendix A - Photographs: Dated photographs showing the condition of the goods
5. Appendix B - Service History: For mechanical items, history of repairs and maintenance
6. Appendix C - Compliance Certificates: Any relevant safety or compliance certificates for the goods
Authors
Sale and Purchase
As Is Condition
Warranty Disclaimer
Consumer Rights
Inspection Rights
Price and Payment
Delivery
Risk and Title
Buyer Acknowledgments
Known Defects
Liability Limitation
Force Majeure
Assignment
Severability
Entire Agreement
Governing Law
Dispute Resolution
Notices
GST
Costs and Stamp Duty
Execution
Retail
Automotive
Manufacturing
Industrial Equipment
Construction
Agriculture
Mining
Technology
Real Estate
Marine
Aviation
Machinery and Equipment
Antiques and Collectibles
Furniture and Home Goods
Legal
Sales
Procurement
Operations
Risk Management
Compliance
Asset Management
Commercial
Property Management
Fleet Management
Inventory Control
Contract Administration
Sales Manager
Procurement Officer
Legal Counsel
Contract Administrator
Business Owner
Operations Manager
Asset Manager
Commercial Manager
Risk Manager
Compliance Officer
Property Manager
Fleet Manager
Inventory Manager
Auction Manager
Liquidation Specialist
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