The As Is Sales Contract is a specialized agreement used in South African commercial transactions where goods are sold in their existing condition without warranties beyond those required by law. This document is particularly relevant for used equipment, second-hand goods, or items where the seller wishes to limit their liability for the condition of the goods. It complies with South African contract law, including the Consumer Protection Act 68 of 2008, while providing necessary protections for the seller. The contract should be used when the buyer has had the opportunity to inspect the goods thoroughly and accepts them in their current state. It includes detailed descriptions of the goods, known defects, inspection acknowledgments, and explicit disclaimers. This type of contract is common in business-to-business transactions and requires careful attention to detail in documenting the condition of goods and terms of sale.
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1. Parties: Identification and details of the Seller and Purchaser, including their full legal names, registration numbers (if companies), and physical addresses
2. Background: Context of the sale and acknowledgment that the goods are being sold 'as is'
3. Definitions and Interpretation: Key terms used in the agreement, including 'as is' definition and interpretation rules
4. Sale and Purchase: Core terms of the sale, explicitly stating the 'as is' nature of the transaction
5. Description of Goods: Detailed description of the goods being sold, including current condition and known defects
6. Purchase Price: Amount, payment terms, and method of payment
7. Delivery and Risk: Terms of delivery, transfer of risk, and responsibility for transport
8. Warranties and Disclaimers: Express disclaimers of warranties and 'as is' confirmations
9. Inspection Acknowledgment: Buyer's confirmation of inspection and acceptance of goods in current condition
10. General Terms: Standard contract provisions including notices, entire agreement, and governing law
1. Deposit Terms: Include when a deposit is required as part of the purchase price
2. Installation: Include if the goods require installation or assembly
3. Export/Import Requirements: Include for international sales or goods requiring special permits
4. Intellectual Property: Include when the goods involve software, patents, or other IP rights
5. Insurance: Include when specific insurance requirements apply during transit or transfer
6. Third-Party Claims: Include when addressing potential third-party claims or encumbrances
7. Maintenance Records: Include for sales of equipment or machinery with maintenance history
1. Schedule 1 - Goods Description: Detailed technical specifications and current condition report
2. Schedule 2 - Photographic Evidence: Photos documenting the current condition of goods
3. Schedule 3 - Known Defects: List of all known defects or issues with the goods
4. Schedule 4 - Delivery Details: Specific delivery instructions and requirements
5. Schedule 5 - Maintenance History: Historical maintenance records if applicable
6. Schedule 6 - Inspection Report: Third-party inspection report if conducted
Relevant legal definitions
Agreement
As Is
Business Day
Commencement Date
Condition
Confidential Information
Current Location
Defects
Delivery
Delivery Date
Deposit
Effective Date
Goods
Inspection Period
Known Defects
Laws
Maintenance Records
Material Adverse Change
Parties
Purchase Price
Purchaser
Risk Transfer
Seller
Seller's Premises
Signature Date
Specifications
Third Party Claims
Transfer Date
VAT
Voetstoots
Warranties
As Is
Business Day
Commencement Date
Condition
Confidential Information
Current Location
Defects
Delivery
Delivery Date
Deposit
Effective Date
Goods
Inspection Period
Known Defects
Laws
Maintenance Records
Material Adverse Change
Parties
Purchase Price
Purchaser
Risk Transfer
Seller
Seller's Premises
Signature Date
Specifications
Third Party Claims
Transfer Date
VAT
Voetstoots
Warranties
Clauses
Interpretation
Warranties
Disclaimer of Warranties
Sale and Purchase
Inspection
Price and Payment
Delivery
Risk and Insurance
Representations
Condition of Goods
Title Transfer
Liability Limitation
Force Majeure
Confidentiality
Dispute Resolution
Governing Law
Assignment
Notices
Breach
Termination
Entire Agreement
Severability
Costs
Good Faith
Amendment
Waiver
Further Assurance
Independent Advice
Counterparts
Survival
Warranties
Disclaimer of Warranties
Sale and Purchase
Inspection
Price and Payment
Delivery
Risk and Insurance
Representations
Condition of Goods
Title Transfer
Liability Limitation
Force Majeure
Confidentiality
Dispute Resolution
Governing Law
Assignment
Notices
Breach
Termination
Entire Agreement
Severability
Costs
Good Faith
Amendment
Waiver
Further Assurance
Independent Advice
Counterparts
Survival
Relevant Industries
Manufacturing
Automotive
Industrial Equipment
Real Estate
Agriculture
Mining
Construction
Retail
Technology
Machinery and Equipment
Transportation
Aviation
Marine
Energy
Relevant Teams
Legal
Procurement
Sales
Operations
Risk and Compliance
Finance
Supply Chain
Asset Management
Commercial
Business Development
Contract Administration
Relevant Roles
Procurement Manager
Sales Manager
Contract Administrator
Legal Counsel
Business Development Manager
Operations Manager
Asset Manager
Fleet Manager
Property Manager
Commercial Director
Risk Manager
Compliance Officer
Supply Chain Manager
Chief Financial Officer
General Manager
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