The Equipment Sales Agreement serves as a legally binding document used when one party wishes to sell and another party wishes to purchase equipment in New Zealand. This agreement is essential for establishing clear terms and conditions of the sale, protecting both parties' interests, and ensuring compliance with New Zealand legislation, including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and where applicable, the Consumer Guarantees Act 1993. It covers crucial aspects such as equipment specifications, payment terms, delivery arrangements, warranties, and liability provisions. The agreement is particularly important for significant equipment purchases where clarity on technical specifications, performance requirements, and after-sales support is necessary.
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1. Parties: Identification and details of the seller and purchaser
2. Background: Context of the agreement and general purpose of the transaction
3. Definitions: Defined terms used throughout the agreement
4. Sale and Purchase: Core agreement to sell and purchase the equipment
5. Price and Payment: Purchase price, payment terms, and GST provisions
6. Delivery: Delivery terms, timing, and logistics arrangements
7. Title and Risk: Transfer of ownership and risk in the equipment
8. Warranties: Manufacturer and seller warranties for the equipment
9. Liability and Indemnity: Limitation of liability and indemnification provisions
10. Termination: Circumstances and process for terminating the agreement
11. General: Standard boilerplate provisions including governing law, notices, and assignment
1. Installation: Include when seller is responsible for installing the equipment
2. Training: Include when seller will provide training on equipment use
3. Maintenance and Support: Include when ongoing maintenance services are part of the agreement
4. Intellectual Property: Include when software or proprietary technology is involved
5. Export Controls: Include for international sales or restricted equipment
6. Security Interest: Include when retention of title or other security arrangements apply
7. Insurance: Include when specific insurance requirements are needed
8. Acceptance Testing: Include for complex equipment requiring testing before acceptance
1. Equipment Specifications: Detailed technical specifications of the equipment
2. Pricing Schedule: Detailed breakdown of prices and payment milestones
3. Delivery Schedule: Specific delivery dates and locations
4. Warranty Terms: Detailed warranty terms and conditions
5. Maintenance Services: Details of any maintenance services to be provided
6. Training Program: Details of training to be provided, if applicable
7. Service Level Agreement: Performance standards and response times for support
8. Site Requirements: Technical requirements for installation site
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Construction
Healthcare
Agriculture
Mining
Technology
Education
Retail
Hospitality
Transportation
Warehousing
Industrial Processing
Energy
Telecommunications
Relevant Teams
Legal
Procurement
Sales
Operations
Finance
Supply Chain
Commercial
Technical
Facilities Management
Asset Management
Risk Management
Compliance
Relevant Roles
Procurement Manager
Sales Director
Legal Counsel
Commercial Manager
Operations Manager
Supply Chain Manager
Contract Administrator
Business Development Manager
Technical Director
Chief Financial Officer
Equipment Manager
Facilities Manager
Asset Manager
Purchasing Officer
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