The As Is Sales Contract is a specialized agreement used in Australian jurisdictions when selling goods where the seller wishes to limit their liability for the condition of the items being sold. It's particularly useful for second-hand goods, demonstration models, or items that may have known defects or wear and tear. The document should be used when the seller wants to make it explicitly clear that the buyer is purchasing the goods in their current condition and accepts any existing faults or defects. While the contract limits warranties and representations, it must still comply with Australian Consumer Law and cannot exclude mandatory consumer guarantees. The document typically includes comprehensive details about the goods' condition, any known defects, and clear acknowledgments from the buyer about their inspection and acceptance of the goods' condition. This type of contract is common in both commercial and consumer contexts, though the level of protection and disclosure requirements may vary depending on the nature of the transaction.
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1. Parties: Identifies and provides full details of the seller and buyer, including legal names, addresses, and ABN/ACN if applicable
2. Background: Establishes the context of the sale, including that the buyer wishes to purchase the goods 'as is' and has had the opportunity to inspect them
3. Definitions: Defines key terms used throughout the agreement, including 'As Is', 'Goods', and other relevant terms
4. Sale and Purchase: Details the agreement to sell and purchase the goods, including the purchase price and payment terms
5. As Is Condition: Explicitly states that the goods are sold 'as is' and details what this means, including the disclaimer of warranties
6. Statutory Rights: Acknowledges mandatory consumer guarantees and rights that cannot be excluded under Australian Consumer Law
7. Risk and Title: Specifies when risk in and title to the goods passes from seller to buyer
8. Delivery: Details the delivery arrangements, including timing, location, and responsibility for delivery costs
9. Buyer's Acknowledgments: Contains buyer's confirmations regarding inspection of goods and acceptance of their condition
10. General Provisions: Standard contract provisions including governing law, entire agreement, and notices
1. Inspection Period: Used when the buyer is given a specific period to inspect the goods before finalizing the purchase
2. Deposit: Include when the purchase requires a deposit payment structure
3. Installation: Required when the goods need installation or assembly after delivery
4. Training: Include when the goods require specific training for operation
5. Intellectual Property: Necessary when the goods include software, patents, or other IP rights
6. Export/Import Requirements: Include for international sales or goods requiring special permits
7. Maintenance Records: Used for complex equipment or vehicles where maintenance history is relevant
8. Security Interest: Include when payment is not made in full at completion
1. Schedule 1 - Description of Goods: Detailed description of the goods including make, model, serial numbers, and specifications
2. Schedule 2 - Current Condition Report: Detailed report of the current condition including photographs and known defects
3. Schedule 3 - Price and Payment Terms: Breakdown of the purchase price and payment schedule if applicable
4. Schedule 4 - Delivery Details: Specific delivery instructions, timing, and requirements
5. Appendix A - Inspection Report: Any third-party inspection reports or valuations
6. Appendix B - Maintenance History: Historical maintenance records and documentation where applicable
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