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Conditions Of Sale Contract

Conditions Of Sale Contract Template for New Zealand

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Key Requirements PROMPT example:

Conditions Of Sale Contract

"I need a Conditions of Sale Contract for my manufacturing business that sells industrial equipment to other businesses in New Zealand, with specific focus on retention of title clauses and credit terms for orders over $50,000."

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Document background
The Conditions Of Sale Contract serves as a fundamental legal framework for businesses operating in New Zealand who engage in the sale of goods or services. This document is essential for establishing clear, legally-compliant terms of sale that protect both the seller's and buyer's interests while ensuring compliance with New Zealand's commercial law framework. It should be used by any business regularly selling goods or services to establish standardized terms for all sales transactions, whether B2B or B2C. The document typically includes comprehensive provisions covering ordering, pricing, payment, delivery, warranties, returns, and liability, all tailored to meet New Zealand legal requirements including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Consumer Guarantees Act 1993.
Suggested Sections

1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and registration numbers if applicable

2. Background: Context of the sale relationship and purpose of the conditions of sale

3. Definitions: Detailed definitions of key terms used throughout the document

4. Scope of Application: Specifies what goods/services these conditions apply to and how they apply

5. Order Process: Details of how orders are placed, accepted, and processed

6. Prices and Payment: Pricing terms, payment methods, payment timing, and handling of GST

7. Delivery: Terms and conditions relating to delivery, including timing, costs, and risk transfer

8. Title and Risk: When and how title passes to the buyer, and allocation of risk in the goods

9. Warranties and Guarantees: Standard warranties provided and compliance with Consumer Guarantees Act

10. Returns and Refunds: Policies and procedures for returns and refunds

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

12. Force Majeure: Handling of events beyond reasonable control

13. Termination: Circumstances and process for terminating the sale relationship

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

Optional Sections

1. Credit Terms: Include when offering credit facilities or delayed payment terms to buyers

2. Intellectual Property: Include when the goods involve any IP rights or licenses

3. Security Interest: Include when taking security over goods sold under retention of title or on credit

4. International Sales: Include for cross-border sales, covering export/import requirements

5. Privacy Policy: Include when collecting and processing customer personal data

6. Special Handling Requirements: Include for goods requiring specific storage, handling, or safety procedures

7. After-Sales Service: Include when offering maintenance, support, or other after-sales services

8. Distribution Rights: Include when the buyer has specific rights to distribute or resell the goods

Suggested Schedules

1. Schedule 1: Price List: Detailed pricing information, including any volume discounts or special pricing arrangements

2. Schedule 2: Product Specifications: Detailed specifications of the goods covered by these conditions

3. Schedule 3: Delivery Terms: Specific delivery timeframes, costs, and geographical coverage

4. Schedule 4: Warranty Terms: Detailed warranty terms and claim procedures

5. Schedule 5: Returns Procedure: Step-by-step process for handling returns and refunds

6. Appendix A: Order Form Template: Standard form for placing orders under these conditions

7. Appendix B: Quality Standards: Applicable quality standards and certification requirements

8. Appendix C: Credit Application Form: Form for applying for credit terms if applicable

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
Clauses
Acceptance of Orders
Payment Terms
Delivery
Price and GST
Title and Risk
Warranties and Guarantees
Returns and Refunds
Limitation of Liability
Intellectual Property
Confidentiality
Force Majeure
Termination
Insurance
Security Interest
Default and Enforcement
Quality Assurance
Product Specifications
Credit Terms
Dispute Resolution
Governing Law
Assignment
Notices
Entire Agreement
Severability
Variation
Privacy and Data Protection
Consumer Protection
Compliance with Laws
Import/Export
After-Sales Service
Relevant Industries

Retail

Manufacturing

Wholesale Trade

E-commerce

Consumer Goods

Industrial Products

Technology

Food and Beverage

Automotive

Construction Materials

Electronics

Fashion and Apparel

Medical Supplies

Agriculture

Relevant Teams

Legal

Sales

Commercial

Operations

Procurement

Compliance

Customer Service

Supply Chain

Business Development

Finance

E-commerce

Relevant Roles

Sales Manager

Commercial Director

Legal Counsel

Contracts Manager

Business Development Manager

Operations Manager

Procurement Manager

Compliance Officer

General Manager

CEO

Sales Representative

Account Manager

Supply Chain Manager

Customer Service Manager

E-commerce Manager

Industries
Contract and Commercial Law Act 2017: This is the primary legislation governing contract formation, enforcement, and remedies in New Zealand. It consolidates various commercial laws and provides the fundamental framework for contractual relationships.
Fair Trading Act 1986: Ensures fair trading practices and prohibits misleading and deceptive conduct in trade. This is crucial for ensuring that the conditions of sale are transparent and not misleading to customers.
Consumer Guarantees Act 1993: Provides statutory guarantees for consumers when they purchase goods or services, including guarantees about quality, fitness for purpose, and reasonable durability.
Goods and Services Tax Act 1985: Governs the application of GST (Goods and Services Tax) to sales transactions in New Zealand, which needs to be considered in pricing and payment terms.
Personal Property Securities Act 1999: Relevant for conditions involving security interests in personal property, particularly important if the sale involves credit terms or retention of title clauses.
Sale of Goods Act 1908: Although largely superseded by modern legislation, this Act still contains important principles regarding the sale of goods and implied terms in contracts for sale.
Credit Contracts and Consumer Finance Act 2003: Important if the conditions of sale include any credit terms or financing arrangements for consumers.
Privacy Act 2020: Relevant for handling customer personal information collected during the sales process and must be considered in privacy-related clauses.
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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