Document background
The As Is Sale Contract under German law is designed for transactions where goods or assets are sold in their current condition, with the buyer accepting them with all existing defects and imperfections. This document type is commonly used in various commercial contexts, from the sale of used industrial equipment to second-hand goods, where the seller wishes to limit their liability and warranty obligations to the extent permitted by German law. The contract must carefully balance the 'as is' nature of the sale with mandatory provisions of the German Civil Code (BGB), particularly §444 regarding fraudulent concealment of defects. It includes comprehensive descriptions of the asset's condition, explicit warranty limitations, and clear acknowledgments from the buyer regarding their acceptance of the asset's current state. This contract type is particularly useful in business-to-business transactions but requires additional considerations when used in consumer transactions due to German consumer protection regulations.
