The As Is Sales Contract is essential for transactions in Indonesia where goods are sold in their present condition without substantial warranties or guarantees. This document is particularly relevant when selling used equipment, pre-owned assets, or items where the seller wishes to limit future liability for the condition of the goods. The contract must comply with Indonesian Civil Code requirements while properly documenting the buyer's acceptance of the goods' current state. It should be used when the seller wants to clearly establish that the buyer has inspected and accepts the goods in their existing condition, with all faults and defects, whether visible or not. The document includes specific provisions required under Indonesian law regarding contract formation, consumer protection compliance, and warranty disclaimers, while protecting the seller's interests through clear documentation of the 'as is' nature of the sale.
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1. Parties: Identification of the seller and buyer with complete legal names and addresses
2. Background: Context of the sale and brief description of the transaction
3. Definitions: Key terms used in the agreement, including specific definition of 'As Is' condition
4. Object of Sale: Detailed description of the goods being sold in their current condition
5. Purchase Price and Payment: The agreed price and payment terms, including method and timing of payment
6. As Is Condition and Inspection: Express acknowledgment that goods are sold 'as is' and buyer's confirmation of inspection opportunity
7. Disclaimer of Warranties: Clear statement of warranty limitations and disclaimers permitted under Indonesian law
8. Risk and Title Transfer: Timing and conditions for transfer of ownership and risk
9. Delivery: Terms and conditions of delivery, including timing and location
10. Representations and Warranties: Limited representations about ownership and authority to sell
11. Governing Law: Specification of Indonesian law as governing law
12. Dispute Resolution: Process for resolving disputes under Indonesian jurisdiction
1. Condition Report: Detailed description of known defects or current condition, used for high-value items or when specific defects need documentation
2. Insurance: Insurance requirements during transit, used when delivery involves significant transportation
3. Export/Import Requirements: Include when goods are being sold across Indonesian provinces or internationally
4. Tax Provisions: Detailed tax arrangements, included when tax implications are significant or complex
5. Force Majeure: Include for transactions with delayed delivery or performance timeframes
6. Broker/Agent Provisions: Include when sale is conducted through intermediaries
7. Language: Required when contract is bilingual, specifying which version prevails
1. Schedule 1 - Description of Goods: Detailed technical specifications and current condition of goods
2. Schedule 2 - Photographs: Visual documentation of the goods' current condition
3. Schedule 3 - Inspection Report: Third-party or seller's inspection report documenting current condition
4. Schedule 4 - Payment Schedule: If payment is in installments, detailed payment timeline
5. Schedule 5 - Delivery Timeline: Detailed delivery schedule and logistics information
6. Appendix A - Known Defects: List of known issues or defects in the goods
7. Appendix B - Historical Documentation: Previous maintenance records, ownership history, or relevant documentation
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Industrial Equipment
Automotive
Real Estate
Agriculture
Mining
Construction
Retail
Electronics
Marine
Aviation
Heavy Machinery
Commodities Trading
Furniture and Fixtures
Textiles
Used Goods Trading
Relevant Teams
Legal
Procurement
Sales
Operations
Risk Management
Compliance
Commercial
Supply Chain
Asset Management
Business Development
Contract Administration
General Management
Relevant Roles
Legal Counsel
Procurement Manager
Sales Manager
Contract Administrator
Business Development Manager
Asset Manager
Operations Manager
Commercial Director
Risk Manager
Compliance Officer
General Manager
Chief Legal Officer
Purchase Manager
Supply Chain Manager
Business Owner
Company Secretary
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