This Generic Sales Contract is designed to facilitate sales transactions within the New Zealand legal framework. It serves as a foundational document for businesses and individuals engaging in the sale and purchase of goods, whether for single transactions or ongoing supply arrangements. The contract incorporates key requirements from New Zealand legislation, including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Consumer Guarantees Act 1993. It is particularly useful for businesses that require a standardized yet adaptable sales agreement that can be modified for various commercial contexts while maintaining legal compliance. The document includes provisions for payment terms, delivery arrangements, risk transfer, warranties, and dispute resolution, making it suitable for both straightforward and complex sales transactions.
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1. Parties: Identifies and provides full legal details of all parties to the contract
2. Background: Sets out the context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Sale and Purchase: Core agreement for the sale and purchase of goods
5. Price and Payment: Details of the purchase price, payment terms, and GST considerations
6. Delivery: Terms and conditions for delivery of goods
7. Risk and Title: Specifies when risk and title pass to the purchaser
8. Warranties: Warranties provided by the seller, including compliance with Consumer Guarantees Act where applicable
9. Default and Termination: Consequences of default and circumstances for termination
10. Disputes: Process for resolving disputes between parties
11. General: Standard boilerplate provisions including notices, assignment, and governing law
12. Execution: Formal signing section including date and witness requirements
1. Intellectual Property: Required when the goods involve IP rights or licenses
2. Security Interest: Include when creating security interests under the PPSA
3. Credit Terms: Required when payment is not immediate and credit is extended
4. Returns and Refunds: Include for retail or consumer contracts
5. Ongoing Supply: Include for recurring supply arrangements
6. International Trade Terms: Required for international sales including Incoterms
7. Force Majeure: Optional clause for unforeseen circumstances preventing performance
1. Schedule 1 - Goods Description: Detailed specifications of goods being sold
2. Schedule 2 - Price List: Itemized pricing including any volume discounts
3. Schedule 3 - Delivery Schedule: Timing and locations for delivery if complex or multiple
4. Schedule 4 - Special Conditions: Any special terms or conditions specific to the sale
5. Appendix A - Quality Standards: Required quality standards or specifications
6. Appendix B - Warranty Terms: Detailed warranty terms and conditions
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