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As Is Sales Agreement Template for Ireland

An "As Is" Sales Agreement under Irish law is a legally binding document used for the sale of goods where the seller transfers the property to the buyer in its current condition, with limited or no warranties. This agreement, governed by Irish contract law and the Sale of Goods Acts, explicitly states that the buyer accepts the goods in their existing state, with all faults and defects, whether visible or not. The document includes specific provisions for disclaiming warranties while ensuring compliance with mandatory Irish consumer protection laws where applicable. It covers essential elements such as property transfer, payment terms, delivery arrangements, and risk allocation.

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What is a As Is Sales Agreement?

The As Is Sales Agreement is a specialized contract used in Ireland for transactions where goods are sold in their current condition without warranties or guarantees beyond those mandated by law. This document is particularly relevant for used goods, surplus inventory, or situations where the seller wishes to limit their liability regarding the condition of the goods. The agreement must comply with Irish contract law, including the Sale of Goods Act 1893 and the Sale of Goods and Supply of Services Act 1980, while clearly documenting the parties' understanding that the goods are sold without typical warranties. It's commonly used in both business-to-business and business-to-consumer transactions, though consumer sales require additional mandatory protections under Irish law. The document includes detailed descriptions of the goods, their known condition, pricing, delivery terms, and explicit warranty disclaimers.

What sections should be included in a As Is Sales Agreement?

1. Parties: Identification and details of the seller and buyer

2. Background: Context of the sale and brief description of the goods being sold

3. Definitions: Definitions of key terms used in the agreement, including 'as is' definition

4. Sale and Purchase: Core terms of the sale including price, payment terms, and explicit 'as is' conditions

5. Disclaimer of Warranties: Explicit statement that the goods are sold 'as is' with no warranties or representations

6. Delivery and Transfer of Risk: Terms regarding delivery, collection, and when risk passes to the buyer

7. Payment Terms: Details of purchase price, payment method, and timing

8. Inspection Rights: Buyer's right and responsibility to inspect goods before purchase

9. Title Transfer: Terms regarding when and how title passes to the buyer

10. Limitation of Liability: Scope of seller's liability limitations under the 'as is' sale

11. Entire Agreement: Confirmation that the agreement represents the complete understanding between parties

12. Governing Law: Specification of Irish law as governing law and jurisdiction

13. Execution: Signature blocks and execution details

What sections are optional to include in a As Is Sales Agreement?

1. Condition Disclosure: Detailed disclosure of known defects or conditions - recommended for high-value items

2. Consumer Rights Notice: Required if selling to consumers, stating mandatory rights that cannot be waived

3. Return Policy: Optional terms for returns - typically limited in 'as is' sales but may be included for business purposes

4. Intellectual Property: Required if the goods involve any IP rights or licenses

5. Compliance with Laws: Required for regulated goods or special categories of items

6. Insurance: Required for high-value items or where transport is complex

7. Force Majeure: Optional protection against unforeseen events affecting delivery

8. Dispute Resolution: Optional alternative dispute resolution procedures

9. Severability: Optional clause ensuring remainder of agreement survives if parts are invalid

What schedules should be included in a As Is Sales Agreement?

1. Schedule 1 - Description of Goods: Detailed description of goods being sold, including current condition and known defects

2. Schedule 2 - Pricing and Payment Schedule: Detailed breakdown of price and payment terms if complex payment structure

3. Schedule 3 - Delivery Details: Specific delivery or collection arrangements and timelines

4. Schedule 4 - Inspection Report: If applicable, third-party inspection report or condition assessment

5. Schedule 5 - Photographs: Visual documentation of the goods' condition at time of sale

6. Appendix A - Maintenance Records: If applicable, historical maintenance or repair records

7. Appendix B - Regulatory Certificates: Any required regulatory or compliance certificates

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Ireland

Document Type

Purchase Agreement

Cost

Free to use

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