The Sales Agreement is a crucial commercial document used in New Zealand business transactions for the sale and purchase of goods. It is particularly important when parties need to formalize their trading relationship with clear terms and conditions, specific product requirements, and defined obligations. This agreement type is governed by New Zealand law, including the Sale of Goods Act 1908 and related commercial legislation, providing legal certainty and protection for both parties. The document is essential for businesses engaged in regular trading relationships, significant one-off purchases, or when dealing with high-value goods where detailed terms need to be documented. A well-drafted Sales Agreement helps prevent disputes by clearly outlining delivery terms, payment conditions, warranties, and risk allocation.
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1. Parties: Identification and details of the seller and buyer, including registered addresses and company numbers
2. Background: Context of the agreement, including brief description of the business relationship and purpose of the sale
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules for interpreting the agreement
4. Sale and Purchase: Core agreement to sell and purchase, including description of goods and basic terms
5. Price and Payment: Purchase price, payment terms, method of payment, and consequences of late payment
6. Delivery and Risk: Delivery terms, timing, location, and transfer of risk in the goods
7. Title and Security: Transfer of title, retention of title provisions, and security interests
8. Warranties and Representations: Warranties regarding the goods, quality standards, and compliance with specifications
9. Term and Termination: Duration of agreement and circumstances allowing termination
10. Liability and Indemnity: Limitations of liability and indemnification provisions
11. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law
12. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. International Trade Terms: For international sales, including Incoterms, import/export requirements, and currency provisions
2. Quality Control: Detailed quality assurance processes and testing requirements for specific industries or products
3. Intellectual Property: IP rights and licenses when selling products with significant IP components
4. Compliance with Standards: Specific industry standards or regulatory requirements applicable to the goods
5. After-Sales Service: Maintenance, support, or service obligations post-sale
6. Insurance: Specific insurance requirements beyond standard coverage
7. Confidentiality: Protection of confidential information if significant proprietary information is involved
8. Force Majeure: Extended force majeure provisions for specific industry risks
1. Schedule 1 - Product Specifications: Detailed technical specifications of the goods being sold
2. Schedule 2 - Pricing Schedule: Detailed pricing information, including any volume discounts or price adjustment mechanisms
3. Schedule 3 - Delivery Schedule: Specific delivery dates, locations, and requirements
4. Schedule 4 - Warranty Terms: Detailed warranty terms and conditions
5. Schedule 5 - Quality Standards: Specific quality standards and testing procedures
6. Appendix A - Form of Purchase Order: Standard form for placing orders under the agreement
7. Appendix B - Acceptance Certificate: Form for confirming acceptance of delivered goods
Relevant legal definitions
Agreement
Acceptance
Business Day
Confidential Information
Commencement Date
Delivery Date
Delivery Location
Delivery Terms
Effective Date
Force Majeure Event
Goods
GST
Intellectual Property Rights
Invoice
Law
Order
Payment Terms
Price
Purchase Order
Quality Standards
Related Companies
Representatives
Specifications
Seller
Buyer
Term
Territory
Title
Warranty Period
Working Hours
Acceptance
Business Day
Confidential Information
Commencement Date
Delivery Date
Delivery Location
Delivery Terms
Effective Date
Force Majeure Event
Goods
GST
Intellectual Property Rights
Invoice
Law
Order
Payment Terms
Price
Purchase Order
Quality Standards
Related Companies
Representatives
Specifications
Seller
Buyer
Term
Territory
Title
Warranty Period
Working Hours
Clauses
Parties
Background
Definitions
Interpretation
Sale and Purchase
Price
Payment Terms
Delivery
Risk and Title
Quality Assurance
Warranties
Acceptance
Inspection
Insurance
Intellectual Property
Confidentiality
Force Majeure
Termination
Breach
Liability
Indemnification
Dispute Resolution
Governing Law
Assignment
Notices
GST
Entire Agreement
Severability
Variation
Waiver
Third Party Rights
Counterparts
Relationship of Parties
Costs
Boilerplate Clauses
Background
Definitions
Interpretation
Sale and Purchase
Price
Payment Terms
Delivery
Risk and Title
Quality Assurance
Warranties
Acceptance
Inspection
Insurance
Intellectual Property
Confidentiality
Force Majeure
Termination
Breach
Liability
Indemnification
Dispute Resolution
Governing Law
Assignment
Notices
GST
Entire Agreement
Severability
Variation
Waiver
Third Party Rights
Counterparts
Relationship of Parties
Costs
Boilerplate Clauses
Relevant Industries
Retail
Manufacturing
Wholesale Trade
Consumer Goods
Industrial Products
Technology
Agriculture
Food and Beverage
Construction
Automotive
Electronics
Textiles
Healthcare
Mining
Energy
Relevant Teams
Legal
Commercial
Procurement
Sales
Supply Chain
Operations
Business Development
Contract Management
Finance
Compliance
Relevant Roles
Commercial Manager
Procurement Manager
Sales Director
Legal Counsel
Contract Manager
Business Development Manager
Supply Chain Manager
Operations Manager
Chief Commercial Officer
Purchasing Officer
Sales Manager
General Counsel
Commercial Director
Category Manager
Vendor Manager
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