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Terms Of Sale Of Goods Contract

Terms Of Sale Of Goods Contract Template for Australia

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Key Requirements PROMPT example:

Terms Of Sale Of Goods Contract

"I need a Terms of Sale of Goods Contract for my Australian e-commerce business that sells eco-friendly home products to both retail and wholesale customers, with specific sections on international shipping and volume discounts."

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Document background
The Terms of Sale of Goods Contract is a crucial document for any business engaged in selling goods in Australia. This contract type is designed to establish clear terms and conditions for commercial transactions while ensuring compliance with Australian legislation, particularly the Australian Consumer Law and state-specific Sale of Goods Acts. It is essential for businesses seeking to protect their interests while maintaining fair and transparent relationships with their customers. The document typically includes provisions for ordering, pricing, delivery, warranties, returns, and liability limitations. It can be customized for various business models, from straightforward retail sales to complex B2B supply arrangements, and should be regularly reviewed to ensure ongoing compliance with evolving Australian consumer protection laws and business needs.
Suggested Sections

1. Parties: Identification of the seller and buyer, including business details and ABN

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

3. Definitions: Key terms used throughout the agreement

4. Order Process: Procedure for placing and accepting orders, including any minimum order requirements

5. Price and Payment: Pricing terms, payment methods, and payment timeline

6. Delivery: Delivery terms, timeframes, and costs

7. Title and Risk: Transfer of ownership and risk in the goods

8. Warranties and Guarantees: Product warranties and statutory guarantees under Australian Consumer Law

9. Returns and Refunds: Process and conditions for returns and refunds

10. Limitation of Liability: Extent and limitations of seller's liability

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

12. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement

Optional Sections

1. International Shipping: Include when goods may be shipped internationally, covering customs, duties, and international delivery terms

2. Intellectual Property: Include when selling branded goods or products with associated IP rights

3. Resale Restrictions: Include when placing limitations on buyer's right to resell goods

4. Product Specifications: Include for technical or specialized products requiring detailed specifications

5. Credit Terms: Include when offering credit facilities or delayed payment options

6. Volume Discounts: Include when offering quantity-based pricing structures

7. Quality Control: Include for products requiring specific storage, handling, or maintenance requirements

8. Force Majeure: Include for long-term supply arrangements or where supply chain disruptions are a significant risk

Suggested Schedules

1. Schedule 1 - Product List: Detailed list of products covered by the agreement, including SKUs and descriptions

2. Schedule 2 - Price List: Current pricing for all products, subject to periodic updates

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

4. Schedule 4 - Product Specifications: Technical specifications and requirements for products

5. Schedule 5 - Service Level Agreement: Delivery timeframes and performance metrics

6. Appendix A - Return Authorization Form: Standard form for processing returns

7. Appendix B - Warranty Document: Detailed warranty terms and conditions

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Retail

Manufacturing

Wholesale

E-commerce

Consumer Goods

Industrial Products

Electronics

Food and Beverage

Automotive

Construction Materials

Furniture and Home Goods

Medical Supplies

Sporting Goods

Textiles and Apparel

Relevant Teams

Legal

Commercial

Sales

Operations

Compliance

Customer Service

Supply Chain

Risk Management

Business Development

Contract Administration

E-commerce

Relevant Roles

Commercial Manager

Sales Director

Legal Counsel

Compliance Officer

Operations Manager

Supply Chain Manager

Business Development Manager

Contract Administrator

Risk Manager

Customer Service Manager

E-commerce Manager

Procurement Manager

General Manager

Chief Executive Officer

Chief Operating Officer

Chief Legal Officer

Industries
Competition and Consumer Act 2010 (including Australian Consumer Law): Federal law providing the national framework for consumer protection and fair trading, including statutory guarantees, unfair contract terms, and consumer rights
Sale of Goods Act 1954 (Various States): State-based legislation governing contracts for the sale of goods, including terms about title, description, quality, and fitness for purpose
Electronic Transactions Act 1999: Federal legislation governing the validity of electronic transactions and contracts formed electronically
Privacy Act 1988: Federal legislation governing the collection, use, and disclosure of personal information, including the Australian Privacy Principles
Fair Trading Acts (Various States): State-based consumer protection legislation that complements the Australian Consumer Law
Personal Property Securities Act 2009: Federal legislation governing security interests in personal property, relevant for retention of title clauses
Contract Law (Common Law): Common law principles governing contract formation, terms, and enforcement, including principles of offer, acceptance, consideration, and intention to create legal relations
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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