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An As Is Sales Agreement is a legally binding contract that allows you to sell goods in their existing condition without providing extensive warranties or guarantees about their future performance. Under New Zealand law, this document establishes clear boundaries around seller liability while ensuring buyers understand they are accepting goods "as is, where is" with all faults and defects.

When do you need this document?

You need an As Is Sales Agreement when selling used equipment, machinery, vehicles, or other goods where you cannot guarantee their condition or future performance. This is particularly common in liquidation sales, second-hand equipment transactions, estate sales, and business asset disposals. The agreement is essential when you want to limit your ongoing liability while maintaining transparency about the goods' current state. It's also valuable for manufacturers selling surplus stock, retailers clearing discontinued items, or individuals selling personal assets where warranty expectations need clear definition.

Key legal considerations

The most critical aspect of your As Is Sales Agreement is ensuring you don't misrepresent the goods' condition while properly limiting your warranties. You must balance transparency with liability protection, clearly describing any known defects without creating additional obligations. The agreement should specify exactly what "as is" means in your transaction, including whether the buyer has had inspection opportunities. Risk transfer provisions are crucial - you need to clearly establish when responsibility for the goods passes from seller to buyer. Payment terms, delivery obligations, and title transfer requirements must align with New Zealand commercial law standards. Consider including dispute resolution clauses and ensuring your limitation of liability clauses are enforceable under local legislation.

Legal requirements in New Zealand

Your As Is Sales Agreement must comply with the Contract and Commercial Law Act 2017, which governs contract formation and enforcement in New Zealand. Under the Fair Trading Act 1986, you cannot engage in misleading or deceptive conduct, meaning you must honestly represent the goods' condition even in "as is" sales. The Consumer Guarantees Act 1993 provides certain statutory guarantees that cannot be excluded in consumer transactions, though these don't apply to business-to-business sales. The Sale of Goods Act 1908 establishes fundamental rules about title transfer and implied conditions that affect your agreement structure. If selling to consumers, you cannot exclude certain rights and remedies, so your agreement must clearly identify whether the transaction is business-to-business or business-to-consumer. Ensure your agreement includes proper disclosure of known defects and provides reasonable inspection opportunities to maintain enforceability under New Zealand courts.