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The Sale And Buy Back Agreement is a versatile commercial instrument commonly used in Australian business transactions for temporary transfer of asset ownership with a predetermined repurchase arrangement. This document type is particularly valuable for businesses seeking short-term financing while retaining the ability to reclaim their assets, or for strategic commercial arrangements requiring temporary asset transfers. The agreement must comply with Australian federal and state legislation, including securities law, property transfer regulations, and tax requirements. It typically includes detailed provisions for the initial sale, specific terms for the buy-back transaction, risk allocation during the interim period, and security arrangements. This document type is commonly used in various contexts, from equipment financing to property transactions, and requires careful consideration of both commercial and legal implications under Australian law.

1. Parties: Identification of the seller and buyer, including full legal names, addresses, and registration details if companies

2. Background: Context of the transaction, relationship between parties, and purpose of the agreement

3. Definitions and Interpretation: Definitions of key terms and interpretation clauses

4. Sale Provisions: Terms and conditions of the initial sale, including asset description, purchase price, and completion requirements

5. Buy-Back Terms: Specific terms of the buy-back arrangement including timing, price, and conditions precedent

6. Payment Terms: Payment mechanisms for both sale and buy-back transactions, including any deposits or installments

7. Completion Requirements: Requirements for completion of both sale and buy-back transactions

8. Title and Risk: Provisions regarding transfer of title and risk allocation during both transactions

9. Representations and Warranties: Warranties given by both parties regarding the asset and their capacity to enter the agreement

10. Interim Period Obligations: Obligations of parties between sale and buy-back, including maintenance and use restrictions

11. Default and Termination: Consequences of default and circumstances allowing termination

12. Dispute Resolution: Process for resolving disputes between parties

13. General Provisions: Standard boilerplate clauses including notices, amendments, governing law

14. Execution: Execution blocks and attestation requirements