Guaranteed Sale Agreement Template for England and Wales

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Key Requirements PROMPT example:

Guaranteed Sale Agreement

"I need a Guaranteed Sale Agreement for selling my manufacturing equipment to a German company, with a third-party guarantor ensuring payment, to be completed by March 2025, with specific performance metrics and quality standards included."

Document background
The Guaranteed Sale Agreement is designed for transactions where additional security or assurance is required beyond a standard sale agreement. This document is particularly useful in high-value transactions or situations where specific performance guarantees are essential. The agreement comprehensively details the sale terms, guarantee provisions, and obligations of all parties, ensuring compliance with English and Welsh law. It's commonly used in various sectors including real estate, automotive, and manufacturing, where guaranteed performance or value retention is crucial. The document typically includes specific conditions that trigger the guarantee, the scope of the guarantor's obligations, and remedies available to all parties.
Suggested Sections

1. Parties: Identification of all parties involved including seller, buyer, and guarantor

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Sale Terms: Core terms of the guaranteed sale including price and payment terms

5. Guarantee Provisions: Terms of the guarantee including scope and conditions

6. Warranties: Representations and warranties from all parties

7. Termination: Circumstances and process for termination

8. Governing Law: Specification of applicable law and jurisdiction

Optional Sections

1. Performance Conditions: Specific conditions that must be met for performance targets and metrics

2. Insurance: Insurance requirements and obligations of each party

3. Confidentiality: Confidentiality obligations and handling of sensitive information

4. Force Majeure: Provisions for unforeseen circumstances and their handling

Suggested Schedules

1. Schedule 1 - Asset Description: Detailed description of assets being sold

2. Schedule 2 - Payment Terms: Detailed payment schedule and mechanisms

3. Schedule 3 - Performance Criteria: Specific metrics and standards to be met

4. Appendix A - Form of Guarantee: Standard form of guarantee to be executed

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

Relevant Industries
Relevant Teams
Relevant Roles
Industries

Sale of Goods Act 1979: Primary legislation governing sale of goods, covering conditions and warranties, transfer of title and risk, and requirements for quality and fitness for purpose

Contract Law (Rights of Third Parties) Act 1999: Legislation governing third-party rights and obligations in contractual arrangements, particularly relevant for guarantee provisions

Consumer Rights Act 2015: Key legislation for B2C transactions, covering consumer protection provisions, unfair terms, and quality rights

Misrepresentation Act 1967: Governs statements and representations made during negotiations and provides remedies for misrepresentation

Unfair Contract Terms Act 1977: Controls reasonableness of contractual terms and limitation of liability clauses

Law of Property (Miscellaneous Provisions) Act 1989: Relevant legislation if the guaranteed sale agreement involves real property

Statute of Frauds 1677: Historic legislation requiring guarantees to be made in writing to be enforceable

Common Law - Consideration: Fundamental common law principle requiring exchange of value between parties

Common Law - Legal Relations: Common law requirement for parties to have intention to create legal relations

Common Law - Capacity: Common law principles governing parties' legal capacity to enter into contracts

Common Law - Offer and Acceptance: Common law principles determining how valid contracts are formed through offer and acceptance

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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