As Is Sales Contract for Germany

As Is Sales Contract Template for Germany

This document is a specialized sales contract governed by German law that facilitates the sale of goods in their current condition ("as is"), with limited warranties and representations from the seller. It complies with the German Civil Code (BGB) requirements while providing clear documentation of the goods' condition, known defects, and the parties' understanding of the transaction's nature. The contract balances the seller's desire to limit liability with mandatory consumer protection provisions under German law, including requirements for disclosure of known defects and non-excludable warranties.

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What is a As Is Sales Contract?

The As Is Sales Contract is designed for transactions under German law where goods are sold in their present condition, with the buyer accepting them in their current state. This document type is particularly useful for sales of used equipment, pre-owned goods, or assets where the seller wishes to limit future liability while still complying with mandatory German legal requirements. It includes detailed descriptions of the goods' condition, known defects, and clear acknowledgments from both parties about the nature of the transaction. The contract must carefully balance the "as is" nature of the sale with non-excludable warranties and disclosure obligations under German law, making it suitable for both business-to-business and business-to-consumer transactions where transparency about the goods' condition is essential.

What sections should be included in a As Is Sales Contract?

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

2. Background: Context of the sale and brief description of the goods being sold

3. Definitions: Key terms used in the agreement, including 'As Is' definition and other relevant technical or legal terms

4. Object of Sale: Detailed description of the goods being sold, including current condition, known defects, and existing damage

5. Purchase Price and Payment Terms: Agreed price, payment method, and payment schedule

6. Delivery and Transfer of Risk: Terms regarding delivery, collection, or shipping of goods and when risk transfers to the buyer

7. As Is Clause and Warranty Limitations: Clear statement of 'as is' nature of sale and extent of warranty exclusions permitted under German law

8. Seller's Declarations: Mandatory disclosures about known defects and legal status of goods as required by German law

9. Buyer's Acknowledgments: Buyer's confirmation of inspection opportunity and acceptance of goods in current condition

10. Title Transfer: Terms regarding transfer of ownership and any retention of title provisions

11. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes

What sections are optional to include in a As Is Sales Contract?

1. Export Control: Required for goods that may be subject to export restrictions or controls

2. Intellectual Property Rights: Needed when the goods involve or incorporate intellectual property

3. Insurance: Required when specific insurance arrangements are needed during transit or transfer

4. Confidentiality: Important when the transaction involves sensitive information or trade secrets

5. Force Majeure: Optional clause for dealing with unforeseen circumstances affecting delivery or performance

6. Third Party Rights: Required when there are existing third party rights or claims on the goods

What schedules should be included in a As Is Sales Contract?

1. Schedule 1 - Detailed Description of Goods: Comprehensive technical specifications, photographs, and condition reports of the goods

2. Schedule 2 - Known Defects and Damage: Itemized list of all known defects, damage, or wear and tear

3. Schedule 3 - Delivery Instructions: Specific instructions for delivery or collection, including timing and location details

4. Schedule 4 - Historical Documentation: Previous maintenance records, ownership history, or relevant certificates if applicable

5. Appendix A - Inspection Report: Third-party inspection report or condition assessment if available

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

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Sales Agreement

Sector

Sales

Cost

Free to use
Relevant Industries

Automotive

Industrial Equipment

Manufacturing

Real Estate

Machinery

Used Goods Retail

Electronics

Construction Equipment

Agricultural Equipment

Marine

Aviation

Art and Collectibles

Furniture and Fixtures

Heavy Equipment

Relevant Teams

Legal

Sales

Procurement

Commercial

Operations

Risk Management

Compliance

Asset Management

Contract Administration

Business Development

Relevant Roles

Legal Counsel

Sales Manager

Procurement Manager

Business Development Manager

Contract Administrator

Commercial Director

Asset Manager

Operations Manager

Risk Manager

Compliance Officer

General Counsel

Chief Legal Officer

Sales Director

Purchasing Manager

Chief Commercial Officer

Industries
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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