As Is Sale Contract Template for New Zealand

An As Is Sale Contract allows you to sell goods in their current condition without providing extensive warranties or guarantees about their state or performance. Under New Zealand law, this type of agreement transfers ownership while explicitly stating that the buyer accepts all responsibility for the item's condition, defects, and future performance.

When do you need this document?

You'll need an As Is Sale Contract when selling second-hand vehicles, machinery, or equipment where you cannot guarantee their condition or performance. This document is essential for estate sales, business asset disposals, or when selling items that may have hidden defects you're unaware of. It's particularly valuable in auction situations, clearance sales, or when disposing of inventory that hasn't been recently tested or serviced. The contract protects you from future claims while ensuring the buyer understands they're purchasing without warranties.

Key legal considerations

Your contract must clearly define what "as is" means and specify any known defects or issues with the goods. You cannot use this agreement to hide deliberate misrepresentations or engage in misleading conduct, which remains prohibited under the Fair Trading Act 1986. The buyer must have reasonable opportunity to inspect the goods before purchase, and you should document this inspection process. Include detailed descriptions of the item's condition, any visible damage, and operational status. Consider warranty exclusions carefully, as some consumer guarantees cannot be contracted out of when selling to consumers in a business context.

Legal requirements in New Zealand

Under the Contract and Commercial Law Act 2017, your As Is Sale Contract must contain clear offer and acceptance terms with consideration clearly stated. The Fair Trading Act 1986 requires that you avoid misleading or deceptive conduct, meaning you cannot conceal known major defects or make false statements about the goods. When selling to consumers as a business, the Consumer Guarantees Act 1993 provides certain guarantees that cannot be excluded, including that goods match their description and are of acceptable quality for their apparent purpose. The Sale of Goods Act 1908 governs title transfer and basic sale conditions. Your contract should include proper identification of both parties, detailed goods description, clear "as is" clauses, inspection acknowledgments, and compliance statements regarding consumer protection laws.