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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:

"ACL" means the Australian Consumer Law which is contained in the Competition and Consumer Act 2010 (Commonwealth).

"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 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: $________ (________)

"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 $________ (________) (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) The Buyer may have certain rights under the Australian Consumer Law ("ACL"), or under other similar or related consumer protection laws.

(b) The ACL (or other similar or related consumer protection laws) may give the Buyer certain rights, warranties, guarantees and remedies regarding the provision of goods or services by the Seller, which cannot be excluded, modified or restricted by the Seller ("Statutory Rights").

(c) To the maximum extent permitted by law, and except as otherwise expressly provided in this Agreement, the Seller excludes all conditions and warranties implied by custom, law or statute, except for the Buyer's Statutory Rights, and the Seller expressly disclaims all warranties of any kind including but not limited to implied warranties that the Good is fit for a particular purpose.

(d) The Buyer hereby agrees that the Buyer is solely responsible for evaluating the Good and for determining whether the Good is fit for the Buyer's purpose.

(e) The Buyer hereby agrees that the Seller is not liable for any direct, indirect, consequential or incidental loss or damage which may result from the Buyer's use of the the Good. For the sake of clarity, in no event will the Seller be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, or loss of data, even if the possibility of such loss was made known to the Seller.

(f) When the Buyer's Statutory Rights apply, to the maximum extent possible, the Seller's liability in respect of any claim is limited to, at the Seller's option:

(I) A repair of the Good ; or

(II) A replacement of the Good ; or

(III) A refund of the Purchase Price paid by the Buyer.

(g) The Seller's failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

(h) 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.

(i) 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) WARRANTIES REGARDING LEGAL ADVICE:

Each Party, (which for the purposes of this clause shall be referred to as the "Warranting Party" as the context requires) hereby respectively warrants:

(a) that the Warranting Party fully understands the terms of this Agreement.

(b) that the Warranting Party has had the opportunity to obtain independent legal advice in relation to the matters addressed by this Agreement and the Warranting Party has either:

(I) taken such independent legal advice; or

(II) elected not to take such independent legal advice.

(c) that the Warranting Party has not been induced to enter this Agreement by any representation(s) made by the other Party or by any officer, employee, director, agent, contractor, assignee, successor or other representative of the other Party, except as provided in this Agreement.


(14) 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) 555588852558: 52 522 252888822 25 2252 22 2588 825222222 88 5285 22 82 5222225825882, 2522 2588 825222222 8888 82 522225 5222525 22 252 252222 228288552 22 522525 252 225258882 5222225825882 252888822, 525 252 5282 22 252 825222222, 85885 525 22225825882. 52 5 82552 52888228 22 52225 2588 825222222 58 25288525 525282, 252 8285885822 25 5222225825888822 22 522 252888822 22 2588 825222222 85588 222 522282 252 85885822 25 22225825888822 22 252 522582822 22528 525 2528888228, 85885 85588 82 22225825 58 82 252 222225822 2252 25 252888822 555 222 8222 82885525 82 2588 825222222.

(i) 585585 828552585: 52 52852822 22 252 8582282 252225 22 2588 825222222, 2588 825222222 82282825228 252 222852 525222222 8228222 252 2552828 525 8522582528 522 25825 25 822222225522258 52525825258228, 8522525 8582222 25 2558.

(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:

"ACL" means the Australian Consumer Law which is contained in the Competition and Consumer Act 2010 (Commonwealth).

"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 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: $________ (________)

"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 $________ (________) (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) The Buyer may have certain rights under the Australian Consumer Law ("ACL"), or under other similar or related consumer protection laws.

(b) The ACL (or other similar or related consumer protection laws) may give the Buyer certain rights, warranties, guarantees and remedies regarding the provision of goods or services by the Seller, which cannot be excluded, modified or restricted by the Seller ("Statutory Rights").

(c) To the maximum extent permitted by law, and except as otherwise expressly provided in this Agreement, the Seller excludes all conditions and warranties implied by custom, law or statute, except for the Buyer's Statutory Rights, and the Seller expressly disclaims all warranties of any kind including but not limited to implied warranties that the Good is fit for a particular purpose.

(d) The Buyer hereby agrees that the Buyer is solely responsible for evaluating the Good and for determining whether the Good is fit for the Buyer's purpose.

(e) The Buyer hereby agrees that the Seller is not liable for any direct, indirect, consequential or incidental loss or damage which may result from the Buyer's use of the the Good. For the sake of clarity, in no event will the Seller be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, or loss of data, even if the possibility of such loss was made known to the Seller.

(f) When the Buyer's Statutory Rights apply, to the maximum extent possible, the Seller's liability in respect of any claim is limited to, at the Seller's option:

(I) A repair of the Good ; or

(II) A replacement of the Good ; or

(III) A refund of the Purchase Price paid by the Buyer.

(g) The Seller's failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

(h) 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.

(i) 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) WARRANTIES REGARDING LEGAL ADVICE:

Each Party, (which for the purposes of this clause shall be referred to as the "Warranting Party" as the context requires) hereby respectively warrants:

(a) that the Warranting Party fully understands the terms of this Agreement.

(b) that the Warranting Party has had the opportunity to obtain independent legal advice in relation to the matters addressed by this Agreement and the Warranting Party has either:

(I) taken such independent legal advice; or

(II) elected not to take such independent legal advice.

(c) that the Warranting Party has not been induced to enter this Agreement by any representation(s) made by the other Party or by any officer, employee, director, agent, contractor, assignee, successor or other representative of the other Party, except as provided in this Agreement.


(14) 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) 555588852558: 52 522 252888822 25 2252 22 2588 825222222 88 5285 22 82 5222225825882, 2522 2588 825222222 8888 82 522225 5222525 22 252 252222 228288552 22 522525 252 225258882 5222225825882 252888822, 525 252 5282 22 252 825222222, 85885 525 22225825882. 52 5 82552 52888228 22 52225 2588 825222222 58 25288525 525282, 252 8285885822 25 5222225825888822 22 522 252888822 22 2588 825222222 85588 222 522282 252 85885822 25 22225825888822 22 252 522582822 22528 525 2528888228, 85885 85588 82 22225825 58 82 252 222225822 2252 25 252888822 555 222 8222 82885525 82 2588 825222222.

(i) 585585 828552585: 52 52852822 22 252 8582282 252225 22 2588 825222222, 2588 825222222 82282825228 252 222852 525222222 8228222 252 2552828 525 8522582528 522 25825 25 822222225522258 52525825258228, 8522525 8582222 25 2558.

(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 )