As Is Sale Contract Template for New Zealand

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Key Requirements PROMPT example:

As Is Sale Contract

"I need an As Is Sale Contract for selling used manufacturing equipment to another business in New Zealand, with settlement scheduled for March 2025, including specific provisions for the buyer to arrange their own inspection and transportation."

Document background
The As Is Sale Contract is specifically designed for transactions under New Zealand law where goods are sold in their existing condition without extensive warranties or representations from the seller. This document type is particularly useful for second-hand goods sales, asset disposals, or situations where the seller wishes to limit their liability regarding the condition of the goods. The contract must balance the seller's desire to limit warranties with New Zealand's consumer protection requirements, particularly under the Fair Trading Act 1986 and Consumer Guarantees Act 1993. It includes detailed descriptions of the goods' condition, known defects, and explicit acknowledgments from the buyer regarding their inspection and acceptance of the goods' condition. The document is structured to provide clear evidence of the parties' understanding of the 'as is' nature of the sale while maintaining compliance with mandatory legal requirements.
Suggested Sections

1. Parties: Identification and details of the seller and purchaser

2. Background: Context of the sale and acknowledgment that the sale is on an 'as is' basis

3. Definitions: Key terms used in the agreement, including 'as is' definition

4. Sale and Purchase: Core agreement to sell and purchase the item(s) in their current condition

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

6. As Is Condition: Explicit statement that goods are sold in their current condition with all faults and defects

7. Disclaimer of Warranties: Express disclaimer of warranties and representations, subject to non-excludable statutory requirements

8. Inspection Acknowledgment: Buyer's acknowledgment of opportunity to inspect and acceptance of current condition

9. Risk and Title: Transfer of risk and title provisions

10. Delivery: Arrangements for collection or delivery of goods

11. Entire Agreement: Confirmation that the document represents the complete agreement between parties

12. Governing Law: Specification that New Zealand law governs the agreement

Optional Sections

1. Condition Precedent: Used when the sale is subject to specific conditions being met before completion

2. Third Party Rights: Include when the goods may be subject to third party interests or rights

3. Insurance: Required when there's a gap between sale and collection/delivery requiring insurance coverage

4. Intellectual Property: Necessary when the sale includes items with associated intellectual property rights

5. Confidentiality: Include for sales involving sensitive or confidential information

6. Default and Termination: Added for more complex sales where specific default provisions are needed

7. Consumer Guarantees Act Acknowledgment: Required when selling to a business buyer to contract out of the Consumer Guarantees Act

8. GST Provisions: Include when either party is GST registered or when GST applies to the sale

Suggested Schedules

1. Schedule 1 - Property Description: Detailed description of the goods being sold, including known defects and current condition

2. Schedule 2 - Purchase Price Breakdown: Itemized breakdown of the purchase price if multiple items or components are involved

3. Schedule 3 - Special Conditions: Any special terms or conditions specific to this sale

4. Schedule 4 - Delivery Details: Specific arrangements for delivery or collection, including timing and location

5. Schedule 5 - Known Defects: Comprehensive list of known defects or issues with the goods

6. Appendix A - Photographs: Photos documenting the current condition of the goods

7. Appendix B - Inspection Report: Any relevant inspection reports or condition assessments

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

Relevant Industries

Retail

Manufacturing

Automotive

Real Estate

Industrial Equipment

Agriculture

Marine

Construction

Technology

Machinery

Asset Management

Second-hand Goods

Heavy Equipment

Relevant Teams

Legal

Sales

Procurement

Operations

Commercial

Risk Management

Compliance

Asset Management

Property Management

Fleet Management

Relevant Roles

Legal Counsel

Contract Manager

Sales Manager

Procurement Manager

Business Development Manager

Asset Manager

Operations Manager

Commercial Manager

Risk Manager

Compliance Officer

Property Manager

Fleet Manager

Equipment Manager

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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