As Is Sales Contract Template for New Zealand

A New Zealand "As Is" Sales Contract is a legally binding agreement used for the sale of goods in their current condition, explicitly limiting the seller's warranties and representations. This document, governed by New Zealand law, particularly the Contract and Commercial Law Act 2017 and Fair Trading Act 1986, establishes clear terms for the transfer of goods where the buyer accepts them in their existing state. It includes specific provisions for risk transfer, inspection rights, and explicit acknowledgments of the goods' condition, while ensuring compliance with mandatory New Zealand consumer protection laws that cannot be contracted out of.

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What is a As Is Sales Contract?

The As Is Sales Contract is a specialized agreement used in New Zealand when parties wish to conduct a sale transaction where the goods are sold in their current condition without warranties or representations about their state or fitness for purpose. This document type is particularly useful for second-hand goods, surplus equipment, or situations where the seller wishes to limit their liability regarding the condition of the goods. The contract complies with New Zealand legal requirements while clearly establishing the "as is" nature of the sale, incorporating necessary provisions from the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and other relevant legislation. It's commonly used in commercial transactions where both parties have had the opportunity to inspect and assess the goods, and the buyer is willing to accept the goods in their current condition.

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

1. Parties: Identification of the seller and buyer with full legal names and addresses

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

4. Sale and Purchase: Core agreement to sell and purchase the goods, including price and payment terms

5. As Is Condition: Clear statement that goods are sold 'As Is' with explicit exclusion of warranties and representations

6. Risk and Title: Transfer of risk and title provisions, including timing and conditions

7. Delivery: Terms and conditions for delivery or collection of goods

8. Inspection: Buyer's acknowledgment of inspection opportunity and acceptance of current condition

9. Seller's Limited Obligations: Any remaining obligations of the seller, particularly regarding delivery

10. Buyer's Acknowledgments: Explicit acknowledgments regarding the 'As Is' nature and inspection of goods

11. General Provisions: Standard contract clauses including governing law, entire agreement, and amendments

12. Execution: Signature blocks and execution provisions

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

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

2. Payment Structure: Include when payment is to be made in installments or subject to special conditions

3. Security Interest: Required if any security interest is being created or released as part of the transaction

4. Intellectual Property: Include when the sale involves goods with associated intellectual property rights

5. Confidentiality: Add when sensitive information is exchanged during the sale process

6. Third Party Rights: Include when third parties have interests in or rights related to the goods

7. Import/Export Provisions: Required for international sales or goods subject to export controls

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

1. Schedule 1 - Description of Goods: Detailed description of goods being sold, including any known defects or issues

2. Schedule 2 - Price and Payment Terms: Detailed breakdown of purchase price and payment arrangements

3. Schedule 3 - Delivery Details: Specific delivery or collection arrangements, timing, and location

4. Schedule 4 - Known Defects: List of known defects or issues with the goods (if any)

5. Appendix A - Photographs: Photos documenting the condition of goods at time of sale

6. Appendix B - Technical Specifications: Technical details and specifications of the goods being sold

7. Appendix C - Historical Documents: Any relevant history, maintenance records, or previous ownership documents

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

New Zealand

Publisher

Genie AI

Document Type

Sales Contract

Sector

Sales

Cost

Free to use
Relevant Industries

Manufacturing

Automotive

Industrial Equipment

Construction

Agriculture

Marine

Mining

Real Estate

Technology Hardware

Machinery

Wholesale Trade

Retail

Equipment Leasing

Aviation

Transportation

Relevant Teams

Legal

Procurement

Sales

Operations

Commercial

Risk Management

Compliance

Supply Chain

Asset Management

Business Development

Contract Administration

Relevant Roles

Sales Manager

Procurement Manager

Legal Counsel

Contract Administrator

Business Development Manager

Commercial Manager

Operations Manager

Asset Manager

Fleet Manager

Risk Manager

Compliance Officer

Property Manager

Equipment Manager

Supply Chain Manager

General 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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