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Sold As Seen Agreement for Ireland

Sold As Seen Agreement Template for Ireland

A Sold As Seen Agreement under Irish law is a legally binding contract used when selling items in their current condition without standard warranties or guarantees. This document explicitly details the item's condition at the time of sale, acknowledges the buyer's acceptance of that condition, and clarifies the limited warranties while ensuring compliance with mandatory Irish consumer protection laws. It provides essential protection for both parties by clearly documenting the terms of sale and the accepted condition of the item, while maintaining alignment with Irish legal requirements and EU consumer protection directives.

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What is a Sold As Seen Agreement?

The Sold As Seen Agreement is a crucial document in Irish commercial and consumer transactions where items are sold in their existing condition without standard warranties. This agreement type is particularly relevant when selling used, second-hand, or vintage items where the seller wishes to limit their liability while remaining compliant with Irish consumer protection laws. The document includes detailed descriptions of the item's condition, any known defects, and explicit acknowledgments from the buyer regarding their inspection and acceptance of the item's condition. While the agreement limits warranties, it must still comply with mandatory provisions of Irish consumer law and relevant EU directives, making it essential to balance the 'sold as seen' principle with statutory consumer rights. This document is commonly used in various sectors including automotive, machinery, antiques, and industrial equipment sales.

What sections should be included in a Sold As Seen Agreement?

1. Parties: Identifies and provides full details of the seller and buyer, including names, addresses, and any company registration details if applicable

2. Background: Explains the context of the sale and confirms that the buyer has had the opportunity to inspect the item

3. Definitions: Defines key terms used throughout the agreement, including 'Property', 'Completion Date', and 'Purchase Price'

4. Sale and Purchase: Details the agreement to sell and purchase the item in its current condition

5. Item Description: Provides a detailed description of the item being sold, including any identifying features, marks, or serial numbers

6. Condition and Inspection: Documents the current condition of the item and confirms the buyer's inspection and acceptance of the condition

7. Price and Payment: Specifies the purchase price and payment terms, including any deposits and payment methods

8. Disclaimers and Warranties: Clear statements about the 'sold as seen' nature and statutory warranty exclusions, while maintaining compliance with mandatory consumer rights

9. Risk and Title: Specifies when risk and title pass to the buyer

10. Completion: Details the completion process, including delivery or collection arrangements

11. Governing Law: Confirms that the agreement is governed by Irish law

What sections are optional to include in a Sold As Seen Agreement?

1. Condition Report: Detailed report of the item's condition, recommended for high-value items or where specific defects need to be documented

2. Third-Party Rights: Required when the item may be subject to third-party rights or encumbrances

3. Insurance: Needed when there's a gap between sale and collection/delivery requiring insurance coverage

4. Intellectual Property: Required when selling items that may involve intellectual property rights

5. Export/Import Requirements: Necessary when the item may be exported or requires special permits

6. Tax Provisions: Required for high-value items where VAT or other tax implications need to be addressed

7. Dispute Resolution: Optional clause specifying alternative dispute resolution methods before court proceedings

What schedules should be included in a Sold As Seen Agreement?

1. Schedule 1 - Item Description: Detailed technical specifications, photographs, and condition details of the item

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

3. Schedule 3 - Inspection Report: Independent inspection report if one has been obtained

4. Schedule 4 - Historical Documentation: Service history, previous ownership records, and other relevant documentation

5. Appendix A - Photographs: Dated photographs showing the current condition of the item

6. Appendix B - Compliance Certificates: Any relevant safety or compliance certificates that accompany the item

Authors

Alex Denne

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

Jurisdiction

Ireland

Publisher

Ƶ

Document Type

Contract to Sell

Cost

Free to use
Relevant legal definitions
























Clauses


























Relevant Industries

Automotive

Machinery and Equipment

Construction

Agriculture

Marine

Aviation

Antiques and Collectibles

Industrial Equipment

Electronics

Real Estate

Art and Luxury Goods

Manufacturing

Retail

Relevant Teams

Legal

Sales

Procurement

Compliance

Operations

Risk Management

Commercial

Asset Management

Dealership Operations

Contract Administration

Relevant Roles

Sales Manager

Procurement Officer

Legal Counsel

Compliance Officer

Business Owner

Operations Manager

Dealer Principal

Asset Manager

Commercial Director

Risk Manager

Contract Administrator

Fleet Manager

Property Manager

Auction Manager

Trade-in Specialist

Industries






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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