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Bill of Sale

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If the person preparing this document is looking for a real estate sale agreement, click "Yes". This might relate to the sale of a house, apartment or commercial property. This agreement is only designed for use in relation to selling goods. It is not for use in relation to selling real estate. We have a number of other templates available. Some of these relate to real estate, including our Commercial Lease Agreement (Non Retail), and our Licence Agreement - Holiday Rental. We are also regularly adding to our database, so if the document you are looking for is not available, please check back again soon.

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BILL OF SALE



This Bill of Sale, hereinafter referred to as "Agreement," is entered into and made effective this ________ by and between the following parties:



BETWEEN THE SELLER(S) (hereinafter "Seller"):

________ (ACN..................................................)

Of the Following address:

________


AND THE BUYER(S) (hereinafter "Buyer"):

________ (ACN..................................................)

Of the following address:

________


RECITALS:

IN CONSIDERATION of the payment of the Purchase Price by the Buyer, as set out in this Agreement, the receipt of which and the sufficiency of which is hereby acknowledged, the Seller hereby sells to the Buyer a certain Good, as defined in this Agreement, on the terms set out in this Agreement.


(1) DEFINITIONS:

In this Agreement, the following definitions apply:

"Agreement" means this agreement.

"Business Day" means a day which is not a Saturday, Sunday, public holiday or bank holiday in New South Wales.

"Buyer" means ________ (ACN..................................................)

"Good" means the vehicle described in the "Sale" clause of this Agreement.

"Goods and Services Tax" means Goods and Services Tax imposed on a supply of goods or services in Australia, pursuant to the GST Law.

"GST Law" means the same as in the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth).

"Party"
means either the Buyer or the Seller.

"Parties" means the Buyer and the Seller collectively.

"Purchase Price" means the following amount: $________ (________ Australian dollars)

"Seller" means ________ (ACN..................................................)


(2) INTERPRETATION:

In this Agreement, unless the context otherwise requires, the following rules of interpretation shall apply:

(a) Words referring to one gender include every other gender.

(b) Words referring to a singular number include the plural, and words referring to a plural include the singular.

(c) If a word or phrase is defined in this Agreement then any grammatical variations of that word or phrase have a corresponding meaning.

(d) Words referring to a person or persons include firms, corporations, associations, partnerships, joint ventures, authorities, government bodies, organisations and other legal entities, and vice versa.

(e) Any reference to time is a reference to time in New South Wales.

(f) In the event that something must be done under this Agreement on or before a particular date, if that date falls on a day which is not a business day, then that thing must be done on or before the next business day.

(g) Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.

(h) Headings and titles are included in this Agreement for convenience only and shall not affect the interpretation of this Agreement.

(i) Each Party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to this Agreement and the events contemplated by it.

(j) A reference to legislation or any part or provision of that legislation includes any subordinate legislation, any amended legislation, and any substituted legislation issued under that legislation.

(k) A reference to an agreement or document is a reference to that agreement or document as amended, replaced, supplemented or novated from time to time.

(l) A reference to a Party also includes that Party's successors, assigns, legal personal representatives and/or any person that is substituted by way of novation.

(m) Any reference to money or currency, unless otherwise specified, is a reference to Australian dollars.


(3) SALE:

(a) Seller hereby sells, and Buyer hereby buys, the following vehicle (the "Good"):

Vehicle Type: ________

Make: ________

Model: ________

Colour: ________

(b) For ease of identification, one or more photographs of the Good are attached to this Agreement.


(4) PRICE:

(a) The Seller hereby acknowledges receipt of the sum of $________ (________ Australian dollars) (the "Purchase Price") in full and final payment for the Good.

(b) The Purchase Price is inclusive of Goods and Services Tax (if applicable).

(c) The Seller and the Buyer each acknowledge the sufficiency of the Purchase Price as consideration.


(5) INVOICING & PAYMENT:

(a) The Purchase Price was paid or is being paid by the following method:

________

(b) The Seller must provide to the Buyer a valid tax invoice, in compliance with any requirements which the Australian Taxation Office may impose from time to time.


(6) WARRANTIES:

(a) The Seller hereby warrants to the Buyer:

(I) that there are no legal restrictions preventing the Seller from entering this Agreement;

(II) that
the Seller is the sole legal and beneficial owner of the Good.

(III) that the Seller is duly authorised to enter into this Agreement.

(IV) that the Seller will promptly provide to the Buyer duly executed versions of any and all documents or forms as are required in order to transfer title in the Good free of any encumbrances or adverse interests whatsoever.

(V) that the Good is free of any encumbrances or adverse interests whatsoever (whether legal, equitable or otherwise).

(b) The Seller provides no warranties except for those set out in this Agreement or as otherwise required by law.

(c) This clause will survive the termination or expiration of this Agreement.


(7) SELLER COVENANTS:

The Seller hereby covenants to defend the title of the Good(s) against any and all claims and demands raised by any other party in relation to ownership rights in the Good(s).


(8) SOLD "AS IS":

Buyer and Seller each agree that the Good is being sold "as is", without any warranty of any kind, either express or implied, regarding the condition of the Good. Seller expressly disclaims any implied warranties of merchantability or of fitness for a particular purpose, except for those warranties that are expressly set out in this Agreement or as are required by law.


(9) BUYER ACKNOWLEDGEMENT:

The Buyer hereby acknowledges that the Buyer has been given the opportunity to inspect the Good or, in the alternative, to have the Good inspected by a third party. Additionally, the Buyer has accepted the Good in its existing condition.


(10) LIMITATION OF LIABILITY:

(a) In no event will Seller's liability exceed the Purchase Price paid by the Buyer for any cause of action or future claim. Buyer hereby acknowledges and agrees that Seller is not liable for any special, indirect, consequential or punitive damages, including but not limited to lost profits and/or loss of business, arising out of or relating to this Agreement in any way.

(b) To the maximum extent permitted by law, and except as otherwise expressly provided in this Agreement, Seller hereby expressly disclaims any and all warranties of quality, whether express or implied, including but not limited to any warranties of merchantability and fitness for a particular purpose. Buyer acknowledges that it is relying solely on its own investigations, inspections and/or examinations and has not been induced by the Seller or any of Seller's agents or representatives making any statements as to the quality or condition of the Good.

(c) To the maximum extent permitted by law, the Seller does not assume (and does not authorise any other party to assume on the Seller's behalf) any liabilities in relation to the sale or delivery of the Good.

(d) This clause will survive the termination or expiration of this Agreement.


(11) TITLE AND RISK OF LOSS:

(a) Title to the Good and Risk of loss for the Good transfers from the Seller to the Buyer upon execution of this Agreement.

(b) Upon execution of this Agreement (or at such other time as is expressly agreed between Buyer and Seller), Seller will provide to Buyer duly executed versions of any and all documents or forms as are required in order to transfer title in the Good to Buyer.


(12) MANUFACTURER WARRANTY:

Nothing in this Agreement, including any disclaimer of warranties by the Seller, will affect the terms of any applicable warranties by the manufacturer of the Good.


(13) GENERAL PROVISIONS:

(a) GOVERNING LAW: This Agreement shall be governed in all respects by the laws of New South Wales and any applicable federal law. Both Parties consent to jurisdiction under the state and federal courts within New South Wales.

(b) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.

(c) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by either Party except with the other Party's prior written consent.

(d) AMENDMENTS: This Agreement may only be amended in writing signed by both Parties.

(e) RIGHTS, REMEDIES AND POWERS: Unless expressly provided in this Agreement, any rights, remedies or powers which a Party acquires under this Agreement are cumulative and apply in addition to any rights, remedies or powers which that Party may otherwise have. Unless expressly provided in this Agreement, nothing in this Agreement shall in any way reduce, extinguish, postpone or otherwise limit any right, remedy or power which that Party may have.

(f) SURVIVAL OF OBLIGATIONS: At the termination or expiration of this Agreement, any provisions of this Agreement which would by their nature be expected to survive termination or expiration shall remain in full force and effect, including but not limited to any provisions which are explicitly stated to survive termination and/or expiration.

(g) NO WAIVER: None of the terms of this Agreement shall be deemed to have been waived by any act or acquiescence of either Party. Only an additional written agreement can constitute waiver of any of the terms of this Agreement between the Parties. No waiver of any term or provision of this Agreement shall constitute a waiver of any other term or provision or of the same provision on a future date. Failure of either Party to enforce any term of this Agreement shall not constitute waiver of such term or any other term.

(h) BAEAABCFEFFA: Fb cbp dfcefafcb cf fafa cb fafa Bdfaaaabf fa aafb fc aa bbabbcfaacafa, faab fafa Bdfaaaabf afff aa baaaab caabbab fc faa aafabf baaaaacfp fc fabbaf faa cfaafafaa bbabbcfaacafa dfcefafcb, cbb faa faaf cb faa Bdfaaaabf, ecffb cbb abbcfaacafa. Fb c acbff baaffbaa fc caabb fafa Bdfaaaabf ca dfcefbab aafafb, faa fbecffbffp cf bbabbcfaacaffffp cb cbp dfcefafcb cb fafa Bdfaaaabf aacff bcf cbbaaf faa ecffbffp cf abbcfaacaffffp cb faa faacfbfbd fafaa cbb dfcefafcba, aafaa aacff aa abbcfaab ca fb faa cbbabbfbd fafa cf dfcefafcb acb bcf aaab fbafbbab fb fafa Bdfaaaabf.

(i) AAFFAA BBAAAFAAF: Fb fafcffcb fc faa abaaaaf acffaf cb fafa Bdfaaaabf, fafa Bdfaaaabf acbafffbfaa faa abfffa cdfaaaabf aafaaab faa Bcfffaa cbb abdafaabaa cbp dffcf cf acbfaadcfcbacba bbbafafcbbfbda, aaafaaf affffab cf cfcf.

(j) COUNTERPARTS: This Agreement may be executed in counterparts, all of which shall constitute a single agreement. If the dates set forth at the end of this document are different, this Agreement is to be considered effective as of the date that both Parties have signed the agreement, which may be the later date.

(k) FURTHER ACTS: Each Party must, and must ensure that its employees, agents and representatives, do all things and sign, execute and deliver all documents, agreements and instruments as reasonably required in order to give effect to this Agreement and to the rights and obligations of the Parties created under this Agreement.

EXECUTED THIS ________



Signed for and on behalf of ________ (ACN
..................................................) in accordance with section 127(1) of the Corporations Act 2001 (Commonwealth) by being signed by ________ and ________, two of its directors:



..................................................

________, Director



..................................................

________, Director



Signed for and on behalf of ________ (ACN ..................................................) in accordance with section 127(1) of the Corporations Act 2001 (Commonwealth) by being signed by ________ and ________ two of its directors:



..................................................

________, Director



..................................................

________, Director


(Attach one or more photographs of the Good )

See your document
in progress

BILL OF SALE



This Bill of Sale, hereinafter referred to as "Agreement," is entered into and made effective this ________ by and between the following parties:



BETWEEN THE SELLER(S) (hereinafter "Seller"):

________ (ACN..................................................)

Of the Following address:

________


AND THE BUYER(S) (hereinafter "Buyer"):

________ (ACN..................................................)

Of the following address:

________


RECITALS:

IN CONSIDERATION of the payment of the Purchase Price by the Buyer, as set out in this Agreement, the receipt of which and the sufficiency of which is hereby acknowledged, the Seller hereby sells to the Buyer a certain Good, as defined in this Agreement, on the terms set out in this Agreement.


(1) DEFINITIONS:

In this Agreement, the following definitions apply:

"Agreement" means this agreement.

"Business Day" means a day which is not a Saturday, Sunday, public holiday or bank holiday in New South Wales.

"Buyer" means ________ (ACN..................................................)

"Good" means the vehicle described in the "Sale" clause of this Agreement.

"Goods and Services Tax" means Goods and Services Tax imposed on a supply of goods or services in Australia, pursuant to the GST Law.

"GST Law" means the same as in the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth).

"Party"
means either the Buyer or the Seller.

"Parties" means the Buyer and the Seller collectively.

"Purchase Price" means the following amount: $________ (________ Australian dollars)

"Seller" means ________ (ACN..................................................)


(2) INTERPRETATION:

In this Agreement, unless the context otherwise requires, the following rules of interpretation shall apply:

(a) Words referring to one gender include every other gender.

(b) Words referring to a singular number include the plural, and words referring to a plural include the singular.

(c) If a word or phrase is defined in this Agreement then any grammatical variations of that word or phrase have a corresponding meaning.

(d) Words referring to a person or persons include firms, corporations, associations, partnerships, joint ventures, authorities, government bodies, organisations and other legal entities, and vice versa.

(e) Any reference to time is a reference to time in New South Wales.

(f) In the event that something must be done under this Agreement on or before a particular date, if that date falls on a day which is not a business day, then that thing must be done on or before the next business day.

(g) Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.

(h) Headings and titles are included in this Agreement for convenience only and shall not affect the interpretation of this Agreement.

(i) Each Party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to this Agreement and the events contemplated by it.

(j) A reference to legislation or any part or provision of that legislation includes any subordinate legislation, any amended legislation, and any substituted legislation issued under that legislation.

(k) A reference to an agreement or document is a reference to that agreement or document as amended, replaced, supplemented or novated from time to time.

(l) A reference to a Party also includes that Party's successors, assigns, legal personal representatives and/or any person that is substituted by way of novation.

(m) Any reference to money or currency, unless otherwise specified, is a reference to Australian dollars.


(3) SALE:

(a) Seller hereby sells, and Buyer hereby buys, the following vehicle (the "Good"):

Vehicle Type: ________

Make: ________

Model: ________

Colour: ________

(b) For ease of identification, one or more photographs of the Good are attached to this Agreement.


(4) PRICE:

(a) The Seller hereby acknowledges receipt of the sum of $________ (________ Australian dollars) (the "Purchase Price") in full and final payment for the Good.

(b) The Purchase Price is inclusive of Goods and Services Tax (if applicable).

(c) The Seller and the Buyer each acknowledge the sufficiency of the Purchase Price as consideration.


(5) INVOICING & PAYMENT:

(a) The Purchase Price was paid or is being paid by the following method:

________

(b) The Seller must provide to the Buyer a valid tax invoice, in compliance with any requirements which the Australian Taxation Office may impose from time to time.


(6) WARRANTIES:

(a) The Seller hereby warrants to the Buyer:

(I) that there are no legal restrictions preventing the Seller from entering this Agreement;

(II) that
the Seller is the sole legal and beneficial owner of the Good.

(III) that the Seller is duly authorised to enter into this Agreement.

(IV) that the Seller will promptly provide to the Buyer duly executed versions of any and all documents or forms as are required in order to transfer title in the Good free of any encumbrances or adverse interests whatsoever.

(V) that the Good is free of any encumbrances or adverse interests whatsoever (whether legal, equitable or otherwise).

(b) The Seller provides no warranties except for those set out in this Agreement or as otherwise required by law.

(c) This clause will survive the termination or expiration of this Agreement.


(7) SELLER COVENANTS:

The Seller hereby covenants to defend the title of the Good(s) against any and all claims and demands raised by any other party in relation to ownership rights in the Good(s).


(8) SOLD "AS IS":

Buyer and Seller each agree that the Good is being sold "as is", without any warranty of any kind, either express or implied, regarding the condition of the Good. Seller expressly disclaims any implied warranties of merchantability or of fitness for a particular purpose, except for those warranties that are expressly set out in this Agreement or as are required by law.


(9) BUYER ACKNOWLEDGEMENT:

The Buyer hereby acknowledges that the Buyer has been given the opportunity to inspect the Good or, in the alternative, to have the Good inspected by a third party. Additionally, the Buyer has accepted the Good in its existing condition.


(10) LIMITATION OF LIABILITY:

(a) In no event will Seller's liability exceed the Purchase Price paid by the Buyer for any cause of action or future claim. Buyer hereby acknowledges and agrees that Seller is not liable for any special, indirect, consequential or punitive damages, including but not limited to lost profits and/or loss of business, arising out of or relating to this Agreement in any way.

(b) To the maximum extent permitted by law, and except as otherwise expressly provided in this Agreement, Seller hereby expressly disclaims any and all warranties of quality, whether express or implied, including but not limited to any warranties of merchantability and fitness for a particular purpose. Buyer acknowledges that it is relying solely on its own investigations, inspections and/or examinations and has not been induced by the Seller or any of Seller's agents or representatives making any statements as to the quality or condition of the Good.

(c) To the maximum extent permitted by law, the Seller does not assume (and does not authorise any other party to assume on the Seller's behalf) any liabilities in relation to the sale or delivery of the Good.

(d) This clause will survive the termination or expiration of this Agreement.


(11) TITLE AND RISK OF LOSS:

(a) Title to the Good and Risk of loss for the Good transfers from the Seller to the Buyer upon execution of this Agreement.

(b) Upon execution of this Agreement (or at such other time as is expressly agreed between Buyer and Seller), Seller will provide to Buyer duly executed versions of any and all documents or forms as are required in order to transfer title in the Good to Buyer.


(12) MANUFACTURER WARRANTY:

Nothing in this Agreement, including any disclaimer of warranties by the Seller, will affect the terms of any applicable warranties by the manufacturer of the Good.


(13) GENERAL PROVISIONS:

(a) GOVERNING LAW: This Agreement shall be governed in all respects by the laws of New South Wales and any applicable federal law. Both Parties consent to jurisdiction under the state and federal courts within New South Wales.

(b) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.

(c) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by either Party except with the other Party's prior written consent.

(d) AMENDMENTS: This Agreement may only be amended in writing signed by both Parties.

(e) RIGHTS, REMEDIES AND POWERS: Unless expressly provided in this Agreement, any rights, remedies or powers which a Party acquires under this Agreement are cumulative and apply in addition to any rights, remedies or powers which that Party may otherwise have. Unless expressly provided in this Agreement, nothing in this Agreement shall in any way reduce, extinguish, postpone or otherwise limit any right, remedy or power which that Party may have.

(f) SURVIVAL OF OBLIGATIONS: At the termination or expiration of this Agreement, any provisions of this Agreement which would by their nature be expected to survive termination or expiration shall remain in full force and effect, including but not limited to any provisions which are explicitly stated to survive termination and/or expiration.

(g) NO WAIVER: None of the terms of this Agreement shall be deemed to have been waived by any act or acquiescence of either Party. Only an additional written agreement can constitute waiver of any of the terms of this Agreement between the Parties. No waiver of any term or provision of this Agreement shall constitute a waiver of any other term or provision or of the same provision on a future date. Failure of either Party to enforce any term of this Agreement shall not constitute waiver of such term or any other term.

(h) BAEAABCFEFFA: Fb cbp dfcefafcb cf fafa cb fafa Bdfaaaabf fa aafb fc aa bbabbcfaacafa, faab fafa Bdfaaaabf afff aa baaaab caabbab fc faa aafabf baaaaacfp fc fabbaf faa cfaafafaa bbabbcfaacafa dfcefafcb, cbb faa faaf cb faa Bdfaaaabf, ecffb cbb abbcfaacafa. Fb c acbff baaffbaa fc caabb fafa Bdfaaaabf ca dfcefbab aafafb, faa fbecffbffp cf bbabbcfaacaffffp cb cbp dfcefafcb cb fafa Bdfaaaabf aacff bcf cbbaaf faa ecffbffp cf abbcfaacaffffp cb faa faacfbfbd fafaa cbb dfcefafcba, aafaa aacff aa abbcfaab ca fb faa cbbabbfbd fafa cf dfcefafcb acb bcf aaab fbafbbab fb fafa Bdfaaaabf.

(i) AAFFAA BBAAAFAAF: Fb fafcffcb fc faa abaaaaf acffaf cb fafa Bdfaaaabf, fafa Bdfaaaabf acbafffbfaa faa abfffa cdfaaaabf aafaaab faa Bcfffaa cbb abdafaabaa cbp dffcf cf acbfaadcfcbacba bbbafafcbbfbda, aaafaaf affffab cf cfcf.

(j) COUNTERPARTS: This Agreement may be executed in counterparts, all of which shall constitute a single agreement. If the dates set forth at the end of this document are different, this Agreement is to be considered effective as of the date that both Parties have signed the agreement, which may be the later date.

(k) FURTHER ACTS: Each Party must, and must ensure that its employees, agents and representatives, do all things and sign, execute and deliver all documents, agreements and instruments as reasonably required in order to give effect to this Agreement and to the rights and obligations of the Parties created under this Agreement.

EXECUTED THIS ________



Signed for and on behalf of ________ (ACN
..................................................) in accordance with section 127(1) of the Corporations Act 2001 (Commonwealth) by being signed by ________ and ________, two of its directors:



..................................................

________, Director



..................................................

________, Director



Signed for and on behalf of ________ (ACN ..................................................) in accordance with section 127(1) of the Corporations Act 2001 (Commonwealth) by being signed by ________ and ________ two of its directors:



..................................................

________, Director



..................................................

________, Director


(Attach one or more photographs of the Good )