The As Is Sales Agreement under German law is utilized when selling assets, equipment, or property in their current condition without traditional warranties or guarantees beyond those mandated by law. This document type is particularly relevant for second-hand sales, asset disposals, or situations where the seller wishes to limit their liability regarding the asset's condition. The agreement must comply with German legal requirements, including specific provisions of the German Civil Code (BGB) regarding sales contracts, warranty disclaimers, and mandatory disclosures. While it limits seller liability, it cannot exclude certain mandatory warranties and must include specific consumer protection provisions when selling to non-business buyers. The document typically includes detailed descriptions of the asset's condition, known defects, and explicit acknowledgments from the buyer regarding their acceptance of the asset's current state.
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1. Parties: Identification and details of the seller and buyer
2. Background: Context of the sale and brief description of the asset being sold
3. Definitions: Key terms used throughout the agreement
4. Object of Sale: Detailed description of the asset being sold, including its current condition and known defects
5. Purchase Price and Payment: Purchase price, payment terms, and payment method
6. 'As Is' Condition and Disclaimer: Clear statement that the asset is being sold 'As Is', with explicit disclaimers regarding condition and quality
7. Representations and Warranties: Limited representations by seller, acknowledgments by buyer regarding inspection and acceptance of condition
8. Transfer of Title and Risk: Timing and conditions for transfer of ownership and risk
9. Delivery and Acceptance: Terms regarding delivery, inspection, and formal acceptance of the asset
10. Limitation of Liability: Scope of liability limitations in accordance with German law
11. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
12. Miscellaneous: Standard provisions including severability, entire agreement, and amendments
1. Consumer Protection Notice: Required when selling to consumers, containing mandatory consumer protection information
2. Intellectual Property: Needed when the sale involves assets with associated intellectual property rights
3. Export Control: Required for items subject to export regulations
4. Environmental Provisions: Necessary for sales of assets with potential environmental implications
5. Tax Provisions: Detailed tax handling when significant tax implications exist
6. Insurance: Insurance requirements during transition period if applicable
7. Confidentiality: Required when sensitive information is exchanged during the sale process
8. Force Majeure: Optional clause for handling unforeseen circumstances affecting delivery
1. Asset Description Schedule: Detailed technical description and specifications of the asset
2. Condition Report: Detailed documentation of the asset's current condition, including photographs and known defects
3. Price Schedule: Breakdown of price components if the price structure is complex
4. Delivery Schedule: Specific delivery terms, timing, and logistics details
5. Required Permits: List of permits and authorizations needed for the transfer
6. Historical Documentation: Previous maintenance records, ownership history, and relevant documentation
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