Agreement for Sale of Goods
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What is an agreement for sale of goods in Australia?
An agreement for the sale of goods is a standard legal document between the seller and the buyer defining key terms and conditions of the purchase of various goods and products in Australia. This document sets up a clear legal framework for the transaction by outlining mutual rights and responsibilities of both parties, payment and delivery terms, descriptions of goods, warranties and liabilities.
This sale of goods agreement is one of the most popular legal templates that is being used on a daily basis by Australian businesses, founders and customers.
Who needs a sale of goods agreement template?
This sale of goods agreement template is a powerful legal solution that can be helpful for:
- small retail businesses looking for a reliable template to use with their customers;
- established businesses searching for a solid document to use with future and ongoing clients;
- individual customers purchasing products for the first time and looking for ways to protect their legal interests;
- online shops and platforms offering goods and products for sale across Australia.
This document template is suitable for the sale and purchase of tangible goods. If you are looking for the sale-purchase of services, the general service agreement should be used instead. For the purchase of digital products, such as document templates, images, videos, sounds, games, etc., the agreement for sale of digital products should be used instead.
What clauses are included in this sale of goods agreement template?
A standard sample agreement for the sale of goods includes the following important elements:
- Description of Goods. The contract must outline the name, quantity, quality and other characteristics of the goods that are being purchased. If the list of the goods is too long, their detailed description can be outlined in a separate annexe to this agreement.
- Price. A contract for sale of goods agreement must state the purchase price in Australian dollars, excluding any applicable goods and services taxes. It is also important to outline in advance the list of acceptable payment methods the buyer can use to proceed with the purchase.
- Payment Plan & Invoicing. The parties shall agree on a sample agreement for the sale of goods on how exactly the payment should be made. For example, the buyer can pay in instalments, the full price upon the delivery or after the purchase.
- Delivery Conditions. The contract of sale shall state the delivery location, date and any extra fees if applicable.
- Applicable laws. The parties must select the law of which Australian state or territory shall apply. Usually these refer to the jurisdiction of courts which shall be competent to review the dispute between the parties if this is the case.
What are the benefits of using a professionally drafted template?
By customising a sale of goods agreement template with FasterDraft, you benefit from the following:
- a document that is suitable for your individual purchase, and not a generic document created by AI;
- a legal template created by real legal professionals in Australia;
- a document that reflects the purchase’ terms and conditions you really need;
- a document that offers balanced legal protection of legal interests of both the seller and the buyer;
- a contract that is compliant with main requirements of Australian consumer laws;
- a document that is suitable for the purchase of various types of goods, commodities and products across Australia;
- a legal template that can be easily customised for any Australian state or territory.
Common Risks When Selling Goods Without a Contract in Australia
Having a written contract of sale of goods in Australia is rather a choice than an obligation. Some customers may skip having a written contract and regret it afterwards. Below there is a short list of common risks everyone should be aware of when selling goods or products in Australia without a solid written document.
Hidden Fees
A written sales of goods agreement helps to define not only the purchase price itself but also other fees involved, such as delivery charges, taxes, etc. The properly drafted contract allows parties to discuss all fees involved in advance, which prevents “unnecessary” surprises for the buyer in the future.
Delivery Terms
The purchase of goods is not completed once the buyer uses their debit or credit card to pay for the goods. The importance of delivery terms cannot be underestimated. For example, the seller may imply that the delivery should be made to the buyer’s mailing address, though the buyer may think of another address. Failure to agree properly on exact terms of the delivery may result in additional delivery charges or goods being lost or stolen. A written contract for sale of goods agreement significantly prevents this type of risk.
Loss of Goods
When parties enter into the sale of goods agreement, they always hope for the good outcome, which means that the price is paid in full by the buyer and the goods are delivered on time. However, how should the parties act if the loss of goods occurs? Which party shall be responsible for that and compensate for the loss?
The agreement for sale of goods helps to outline from which particular moment the risk of loss of goods should be transferred from the seller to the buyer. Parties can select any moment, including payment of the purchase price, issuance of the invoice, actual delivery of goods to the buyer, etc.
How to customise this agreement for the sale of goods with FasterDraft?
To get a fully customisable document template, follow a few easy steps below:
- Click the “Create Document” button.
- Answer simple questions in the form.
- Select a template’s format – a sales of goods agreement PDF or Word.
- Make a payment.
The document is ready for instant download immediately after the purchase.
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Frequently Asked Questions (FAQ)
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1. Is a sale of goods agreement legally required in Australia?
The sale and purchase agreements of movable property, including goods or products, can be concluded in either verbal or written form. The law does not oblige parties to have a written contract. However, many Australian users prefer to have a solid written agreement for the sale of goods.
First, the written document adds credibility to the relations between the parties. Second, a written contract clarifies terms of the purchase that helps to avoid loss of disputes in the future. Finally, in case of a dispute, a written document acts as legal proof of relations and the real parties’ intentions.
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2. Does this template comply with Australian Consumer Law?
Yes, this sample agreement for sale of goods provides all necessary guarantees as stipulated by Australian consumer law, including the right to request a refund, replacement or compensation if the good fails to be of acceptable quality.
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3. Can I customise the template?
Yes, this sale of goods agreement template can be customised for the purchase of different types of goods and products across Australia. You can also customise different purchase terms and conditions, including number of shipments or goods, purchase price, delivery conditions, risk of loss provisions, etc.