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As Is Sales Contract Template for England and Wales

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Key Requirements PROMPT example:

As Is Sales Contract

"I need an As Is Sales Contract for selling my used manufacturing equipment to a competitor company, with specific disclaimers about the machinery's current condition and a completion date of March 15, 2025."

Document background
An As Is Sales Contract is commonly used when selling goods where the seller wishes to limit their liability and the buyer agrees to accept items in their present condition. This contract type is particularly relevant in England and Wales, where it must comply with the Sale of Goods Act 1979 and related legislation. The document typically includes detailed descriptions of the goods, explicit warranty disclaimers, and acknowledgments from the buyer regarding their acceptance of the goods' condition. It's particularly useful for second-hand goods, clearance sales, or situations where the condition of items cannot be guaranteed.
Suggested Sections

1. Parties: Identification and details of the seller and buyer

2. Background: Context of the sale and brief description of the goods

3. Definitions: Key terms used throughout the agreement

4. Description of Goods: Detailed description of items being sold 'as is'

5. Price and Payment: Purchase price and payment terms

6. Disclaimer of Warranties: Express exclusion of warranties and conditions

7. Delivery: Terms of delivery or collection

8. Governing Law: Specification of English and Welsh law as governing law

Optional Sections

1. Inspection Rights: Optional clause specifying buyer's right to inspect goods before purchase - recommended for high-value items

2. Transfer of Risk: Optional clause detailing when risk passes to buyer - recommended for complex deliveries or high-value items

3. Insurance: Optional clause covering insurance requirements during transit - recommended when delivery is included and valuable items involved

4. Return Policy: Optional clause specifying any limited circumstances where returns might be accepted - if seller wishes to offer limited returns despite 'as is' nature

Suggested Schedules

1. Schedule 1 - Inventory: Detailed list of goods being sold with conditions noted

2. Schedule 2 - Known Defects: List of known issues or defects with the goods

3. Schedule 3 - Photographs: Visual documentation of goods' condition at time of sale

4. Schedule 4 - Delivery Instructions: Specific instructions for delivery or collection if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries
Relevant Teams
Relevant Roles
Industries

Sale of Goods Act 1979: Primary legislation governing contracts for the sale of goods. Key focus on Section 14 regarding implied terms about quality/fitness. Important for 'As Is' sales as they typically aim to exclude these warranties.

Consumer Rights Act 2015: Crucial for B2C (business to consumer) transactions. Establishes statutory rights that cannot be excluded when dealing with consumers. Less relevant for B2B transactions.

Unfair Contract Terms Act 1977: Regulates exclusion clauses and requires them to be reasonable in B2B contracts. Notably prohibits exclusion of liability for death or personal injury.

Misrepresentation Act 1967: Covers false statements made during pre-contract negotiations and sets out disclosure requirements.

Common Law - Contract Formation: Fundamental principles including offer and acceptance, consideration, and intention to create legal relations.

Contract Capacity Requirements: Legal requirements regarding parties' capacity to contract and the necessity for certainty of terms.

Limitation of Liability: Principles governing how and to what extent liability can be limited or excluded in the contract.

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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