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Private Sales Agreement
"I need a Private Sales Agreement under German law for selling my used manufacturing equipment to another business, with payment to be made in three installments between January and March 2025, and including specific warranties about the machinery's condition and operational status."
1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and any registration numbers
2. Background: Context of the sale and brief description of the transaction purpose
3. Definitions: Definitions of key terms used throughout the agreement
4. Object of Sale: Detailed description of the item(s) being sold, including any identifying characteristics or serial numbers
5. Purchase Price: The agreed purchase price, currency, and any applicable VAT or other taxes
6. Payment Terms: Payment method, timing, and any installment arrangements
7. Transfer of Ownership: Terms regarding the transfer of title and risk according to German law
8. Delivery: Arrangements for delivery or collection, including timing and location
9. Warranties and Representations: Statutory and additional warranties regarding the sale object's condition and ownership
10. Liability: Extent and limitations of liability under German law
11. Termination: Circumstances under which the agreement can be terminated
12. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes
13. Severability: Standard severability clause (Salvatorische Klausel) as common in German contracts
14. Entire Agreement: Confirmation that the document represents the complete agreement between parties
1. Condition of Goods: Detailed section about the condition of used goods, including known defects - required for used item sales
2. Installment Payments: Detailed payment schedule and terms when payment is not made in full at once
3. Security Interest: Terms regarding retention of title (Eigentumsvorbehalt) until full payment - used when payment is not immediate
4. Insurance: Requirements for insurance during transit or before full payment - relevant for high-value items
5. Intellectual Property: IP rights provisions - needed when the sale includes software, designs, or branded items
6. Data Protection: GDPR compliance terms - required when personal data processing is involved
7. Export Control: Export compliance terms - needed for items that may be subject to export restrictions
1. Schedule 1: Item Specification: Detailed technical specifications or descriptions of the sale object
2. Schedule 2: Condition Report: Detailed report of the item's condition, particularly relevant for used goods
3. Schedule 3: Payment Schedule: Detailed payment terms and dates if installment payments are agreed
4. Schedule 4: Delivery Terms: Specific delivery or collection arrangements and requirements
5. Appendix A: Photographs: Visual documentation of the sale object
6. Appendix B: Certificates: Relevant certificates, warranties, or proof of ownership documents
Authors
Seller
Buyer
Sale Object
Purchase Price
Closing Date
Delivery Date
Effective Date
Force Majeure
Business Day
Defect
Material Defect
Legal Defect
Transfer of Ownership
Place of Performance
Warranty Period
Acceptance Certificate
Payment Due Date
Confidential Information
Written Form
Electronic Form
Parties
Applicable Law
Transfer Date
VAT
Sale Object Description
Purchase Price
Payment Terms
Transfer of Title
Delivery
Warranties
Defects Liability
Risk Transfer
Force Majeure
Representations
Confidentiality
Data Protection
Termination
Governing Law
Jurisdiction
Dispute Resolution
Assignment
Severability
Entire Agreement
Notices
Amendment
Force and Effect
Acceptance of Goods
Return Policy
Reservation of Title
Insurance
Indemnification
Third Party Rights
Compliance with Laws
Retail
Automotive
Real Estate
Consumer Goods
Electronics
Machinery
Art and Collectibles
Manufacturing
Agriculture
Professional Services
Technology
Industrial Equipment
Luxury Goods
Home and Garden
Sports and Recreation
Legal
Sales
Procurement
Operations
Administration
Compliance
Risk Management
Commercial
Business Development
Asset Management
Legal Counsel
Contract Manager
Business Owner
Sales Manager
Procurement Manager
Commercial Director
Operations Manager
Legal Administrator
Compliance Officer
Risk Manager
Business Development Manager
Administrative Assistant
Property Manager
Asset Manager
General Manager
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