The As Is Sale Contract under German law is designed for transactions where goods or assets are sold in their current condition, with the buyer accepting them with all existing defects and imperfections. This document type is commonly used in various commercial contexts, from the sale of used industrial equipment to second-hand goods, where the seller wishes to limit their liability and warranty obligations to the extent permitted by German law. The contract must carefully balance the 'as is' nature of the sale with mandatory provisions of the German Civil Code (BGB), particularly §444 regarding fraudulent concealment of defects. It includes comprehensive descriptions of the asset's condition, explicit warranty limitations, and clear acknowledgments from the buyer regarding their acceptance of the asset's current state. This contract type is particularly useful in business-to-business transactions but requires additional considerations when used in consumer transactions due to German consumer protection regulations.
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1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and registration details if companies
2. Background: Context of the sale and brief description of the asset being sold
3. Definitions: Key terms used throughout the agreement, including 'As Is' definition
4. Subject Matter of Sale: Detailed description of the item(s) being sold, including current condition and any known defects
5. Purchase Price and Payment: Purchase price, payment terms, method of payment, and payment schedule if applicable
6. As Is Sale Provisions: Clear statement that the sale is 'as is' with explicit waiver of warranties except those that cannot be excluded under German law
7. Delivery and Transfer of Risk: Terms regarding delivery, transfer of possession, and passing of risk
8. Transfer of Title: Provisions regarding when and how legal title passes to the buyer
9. Liability Limitations: Limitations of seller's liability to the extent permitted under German law
10. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
1. Inspection Period: Optional section when buyer is given time to inspect the goods before finalizing the purchase
2. Intellectual Property Rights: Include when the sale involves items with associated intellectual property
3. Export Control: Required when items may be subject to export restrictions
4. Confidentiality: Include when sensitive information is exchanged during the sale process
5. Force Majeure: Optional clause for circumstances affecting delivery or performance
6. Assignment: Include when transfer rights need to be specifically addressed
7. Insurance: Include when specific insurance requirements apply during transit or transfer
8. Severability: Standard boilerplate that can be included for additional legal certainty
1. Asset Description Schedule: Detailed technical description and specifications of the item(s) being sold
2. Condition Report: Detailed report of the current condition, including photographs and known defects
3. Delivery Schedule: Specific delivery terms, locations, and timelines if complex delivery is involved
4. Payment Schedule: If payment is to be made in installments or subject to conditions
5. Known Defects List: Comprehensive list of all known defects or issues with the item(s)
6. Historical Documentation: Previous maintenance records, ownership history, or other relevant documentation
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