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Preliminary Sales Agreement
"I need a Preliminary Sales Agreement for the purchase of manufacturing equipment from a local supplier in Auckland, with completion expected by March 2025 and including standard warranties for industrial machinery."
1. Parties: Identification and details of the seller and purchaser, including full legal names, addresses, and company registration numbers if applicable
2. Background: Context of the transaction, including brief description of the subject matter and purpose of the preliminary agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Subject Matter of Sale: Detailed description of the goods, property, or business being sold
5. Purchase Price: Proposed purchase price, payment terms, and any conditions related to price adjustments
6. Due Diligence: Terms and conditions for the buyer's due diligence process, including timeframes and access rights
7. Conditions Precedent: Conditions that must be satisfied before proceeding to the final sale agreement
8. Exclusivity Period: Period during which the seller cannot negotiate with other potential buyers
9. Confidentiality: Obligations regarding confidential information exchanged during negotiations
10. Duration and Termination: Term of the preliminary agreement and circumstances under which it can be terminated
11. Governing Law: Confirmation that New Zealand law governs the agreement and jurisdiction for disputes
1. Deposit: Terms for any deposit required, including amount, payment timing, and conditions for refund or forfeiture
2. Intellectual Property: Include when the sale involves intellectual property assets
3. Employee Matters: Include when the sale involves transfer of employees or employment-related obligations
4. Real Estate Matters: Include when the sale involves real property
5. Regulatory Approvals: Include when the transaction requires specific regulatory approvals
6. Break Fee: Include when parties agree to compensation if the deal fails under specific circumstances
7. Warranties: Include when preliminary warranties are required before due diligence
8. Third Party Consents: Include when the transaction requires specific third party approvals
1. Schedule 1 - Asset Description: Detailed description of assets included in the proposed sale
2. Schedule 2 - Due Diligence Requirements: List of documents and information required for due diligence
3. Schedule 3 - Timeframe: Key dates and deadlines for various stages of the transaction
4. Schedule 4 - Excluded Assets: List of assets specifically excluded from the proposed sale
5. Appendix A - Form of Confidentiality Agreement: Template confidentiality agreement for parties involved in due diligence
6. Appendix B - Proposed Terms Sheet: Key commercial terms for the final sale agreement
Authors
Retail
Manufacturing
Real Estate
Technology
Professional Services
Agriculture
Construction
Healthcare
Hospitality
Mining
Energy
Transport and Logistics
Financial Services
Legal
Finance
Commercial
Sales
Procurement
Risk and Compliance
Business Development
Operations
Corporate Development
Mergers & Acquisitions
Chief Executive Officer
Commercial Director
Head of Legal
Chief Financial Officer
Business Development Manager
Corporate Lawyer
Sales Director
Procurement Manager
Mergers & Acquisitions Manager
Legal Counsel
Commercial Manager
Operations Director
Risk Manager
Company Secretary
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