Bill of Sale - Template Form to Fill out Word and PDF Pro · AU-law
✓ Valid in Australia · drafted to comply with local law
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BILL OF SALE
This Bill of Sale (the "Agreement") is dated ________ (the "Agreement Date").
BETWEEN THE SELLER (hereinafter the "Seller"):
________ (ACN ________) (ABN ________)
Of the following address:
________
AND THE BUYER (hereinafter the "Buyer"):
________ (ACN ________) (ABN ________)
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 and sufficiency of which is hereby acknowledged, the Seller hereby sells to the Buyer the 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 contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
"Agreement" means this agreement.
"Agreement Date" means the Agreement Date set out at the start of this Agreement.
"Business Day" means a day which is not a Saturday, Sunday, public holiday or bank holiday in ________.
"Buyer" means ________ (ACN ________).
"Good" means the vehicle described in the "Sale" clause of this Agreement.
"GST" means Goods and Services Tax imposed on a supply of goods or services in Australia, pursuant to the GST Law.
"GST Law" has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
"PPSA" means the Personal Property Securities Act 2009 (Cth).
"PPSR" means the Personal Property Securities Register established under the PPSA.
"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 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 ________.
(f) Where something must be done under this Agreement on or before a particular date and that date 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 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 substituted by way of novation.
(m) Any reference to money or currency, unless otherwise specified, is a reference to Australian dollars.
§ 3. SALE
(a) The Seller hereby sells, and the Buyer hereby buys, the following vehicle (the "Good"):
Vehicle Type: ________
Make: ________
Model: ________
Year of Manufacture: ________
Colour: ________
Registration Number: ________
Vehicle Identification Number (VIN): ________
Engine Number: ________
Odometer Reading (km): ________
(b) For ease of identification, one or more photographs of the Good may be attached to this Agreement.
(c) Title in and to the Good passes to the Buyer upon receipt by the Seller of the Purchase Price in full and cleared funds, at which time risk in the Good also passes to the Buyer.
(d) Possession and delivery of the Good shall be effected at ________ on ________.
§ 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 GST (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) Where required, the Seller must provide to the Buyer a valid tax invoice in compliance with any requirements imposed by the Australian Taxation Office from time to time.
§ 6. WARRANTIES
(a) The Seller hereby warrants to the Buyer:
(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 against any and all claims and demands raised by any other party in relation to ownership rights in the Good.
§ 8. SOLD "AS IS"
Subject to the Buyer's Statutory Rights, the Buyer and the 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. The Seller expressly disclaims any implied warranties of merchantability or of fitness for a particular purpose, except for those warranties expressly set out in this Agreement or as required by law (such as under the ACL or other consumer protection laws, if applicable).
§ 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, and that the Buyer has accepted the Good in its existing condition.
§ 10. LIMITATION OF LIABILITY
(a) In some cases the ACL, or other similar or related consumer protection laws, may apply and give the Buyer certain rights which cannot be denied by the Seller.
(b) The ACL (or other similar or related consumer protection laws) may give the Buyer certain rights, consumer guarantees and remedies regarding the supply 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) Subject to the Buyer's Statutory Rights, the Buyer 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 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) If the ACL or other consumer protection laws apply, and the Buyer is entitled to any Statutory Rights, then 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. INDEMNITY
(b) This clause will survive the termination or expiration of this Agreement.
§ 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
(a) Each Party (which for the purposes of this clause shall be referred to as the "Warranting Party" as the context requires) hereby respectively warrants:
(I) that the Warranting Party fully understands the terms of this Agreement;
(II) 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:
(A) taken such independent legal advice; or
(B) elected not to take such independent legal advice; and
(III) that the Warranting Party has not been induced to enter into 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.
(b) This clause will survive the termination or expiration of this Agreement.
§ 14. GENERAL PROVISIONS
(a) GOVERNING LAW: This Agreement shall be governed in all respects by the laws of ________ and any applicable Commonwealth law. Both Parties submit to the non-exclusive jurisdiction of the State and federal courts within ________.
(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 in 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: Upon 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) SEVERABILITY: If any provision or term of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining terms and provisions, which shall be enforced as if the offending term or provision had not been included in this Agreement.
(i) ENTIRE AGREEMENT: In relation to the subject matter of this Agreement, this Agreement constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral.
(j) COUNTERPARTS: This Agreement may be executed in counterparts, all of which together 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 AS AN AGREEMENT ON THE AGREEMENT DATE.
Signed for and on behalf of ________ (ACN ________) in accordance with section 127(1) of the Corporations Act 2001 (Cth) by being signed by ________ and ________, two of its directors (or a director and a company secretary):
..................................................
________, Director
..................................................
________, Director / Company Secretary
Date: ________
Signed for and on behalf of ________ (ACN ________) in accordance with section 127(1) of the Corporations Act 2001 (Cth) by being signed by ________ and ________, two of its directors (or a director and a company secretary):
..................................................
________, Director
..................................................
________, Director / Company Secretary
Date: ________
(Attach one or more photographs of the Good)
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