As Is Sales Contract Template for Netherlands

The As Is Sales Contract is commonly used in the Netherlands when selling assets where the seller wishes to limit their liability and avoid providing warranties about the asset's condition or functionality. This document type is particularly relevant for used equipment, real estate, or other assets where the buyer has the opportunity to inspect and assess the item before purchase. The contract must comply with Dutch civil law requirements while implementing the 'as is' concept within the boundaries permitted by Dutch mandatory law. It's essential to note that even in 'as is' sales, certain mandatory warranties and liabilities under Dutch law cannot be excluded, particularly in consumer transactions. The document typically includes comprehensive documentation of the asset's condition to prevent future disputes.

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, brief description of the asset(s) being sold, and acknowledgment that the sale is on an 'as is' basis

3. Definitions: Key terms used throughout the agreement, including 'Asset(s)', 'Closing Date', 'Purchase Price', etc.

4. Object of Sale: Detailed description of what is being sold, including any identifying characteristics, serial numbers, or specifications

5. Purchase Price and Payment: The agreed price, payment terms, method of payment, and timing of payment

6. As Is Condition: Clear statement that the asset is sold in its current condition, with explicit disclaimers regarding warranties and representations

7. Transfer of Title and Risk: Specifics about when and how ownership and risk transfer from seller to buyer

8. Closing and Delivery: Details about the closing process, delivery arrangements, and associated responsibilities

9. Seller's Limited Representations: Basic representations about ownership and authority to sell

10. Buyer's Acknowledgments: Buyer's confirmation of inspection opportunity and acceptance of asset condition

11. Governing Law and Jurisdiction: Specification of Dutch law as governing law and competent courts

12. Signatures: Execution blocks for all parties