The Conditions of Sale Contract serves as a crucial legal framework for businesses operating in Australia, establishing the fundamental terms and conditions that govern sales transactions. This document is essential for any business engaged in selling goods or services, whether in B2B or B2C contexts, and must comply with the Australian Consumer Law, relevant state Sale of Goods Acts, and other applicable legislation. The conditions typically cover all aspects of the sales relationship, from order acceptance to delivery, payment terms, warranties, and dispute resolution. These conditions should be regularly reviewed and updated to ensure ongoing compliance with evolving Australian legal requirements and business practices.
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1. Parties: Identification and details of the seller and buyer, including ABN/ACN for businesses
2. Background: Context of the sale relationship and purpose of the conditions
3. Definitions: Defined terms used throughout the document
4. Scope of Application: When and how these conditions apply to transactions
5. Ordering Process: Procedures for placing and accepting orders
6. Prices and Payment: Pricing terms, payment methods, and payment conditions
7. Delivery: Delivery terms, timeframes, and responsibilities
8. Risk and Title: Transfer of risk and retention of title provisions
9. Warranties and Guarantees: Product warranties and statutory guarantees
10. Returns and Refunds: Policies and procedures for returns and refunds
11. Limitation of Liability: Extent and limitations of seller's liability
12. Force Majeure: Provisions for unforeseen circumstances and their impact
13. Termination: Grounds and process for terminating the sale relationship
14. Governing Law: Applicable law and jurisdiction
1. Credit Terms: Include when offering credit facilities to buyers
2. International Sales: Add for transactions involving international buyers
3. Installation Services: Include when products require professional installation
4. Intellectual Property: Add when products involve IP rights or licenses
5. Product Customization: Include for made-to-order or customized products
6. Consignment Terms: Add for consignment sale arrangements
7. Digital Products: Include for software or digital content sales
8. Trade Terms: Add specific terms for trade customers
1. Price List: Current pricing information and discount structures
2. Product Specifications: Detailed technical specifications of products
3. Delivery Zones and Charges: Breakdown of delivery areas and associated costs
4. Warranty Terms: Detailed warranty conditions and claim procedures
5. Returns Procedure: Step-by-step process for product returns
6. Credit Application Form: Form for applying for credit terms
7. Special Orders Terms: Specific conditions for special or custom orders
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