The Buyer Agreement serves as a fundamental legal instrument for structuring purchase transactions under Austrian law. This document is essential when parties seek to establish a clear framework for the purchase of goods or services, whether in a business-to-business (B2B) or business-to-consumer (B2C) context. It incorporates mandatory provisions from Austrian legislation, including the ABGB, KSchG, and UGB, while allowing flexibility for commercial terms. The agreement typically covers crucial elements such as product specifications, pricing, delivery terms, warranties, and risk allocation. It's particularly important for significant purchases, recurring supply relationships, or transactions involving complex products or services where detailed terms need to be documented.
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1. Parties: Identification and details of the buyer and seller, including registration numbers and addresses as required under Austrian law
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Defined terms used throughout the agreement
4. Subject Matter of Purchase: Detailed description of goods or services being purchased
5. Purchase Price and Payment Terms: Price, payment schedule, and payment methods
6. Delivery Terms: Delivery conditions, timing, and transfer of risk provisions
7. Warranty and Guarantee: Statutory warranty provisions under ABGB and any additional guarantees
8. Rights and Obligations: Core responsibilities of both parties
9. Term and Termination: Duration of agreement and termination provisions
10. Confidentiality: Protection of confidential information exchanged
11. Data Protection: GDPR compliance and data handling procedures
12. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction
13. Notices: Communication procedures between parties
14. General Provisions: Standard boilerplate clauses including severability and entire agreement
1. Intellectual Property Rights: Required when the purchase involves software, technology or branded products
2. Quality Assurance: Include for manufacturing or technical products requiring specific quality standards
3. Insurance: Necessary for high-value purchases or where specific risks need to be covered
4. Force Majeure: Optional protection against unforeseen circumstances, though less common in pure purchase agreements
5. Export Control: Required when goods may be subject to export restrictions
6. Environmental Compliance: Include when dealing with products subject to environmental regulations
7. Right of Withdrawal: Mandatory for B2C contracts under KSchG, optional for B2B
8. Training and Support: Include when purchase includes technical equipment requiring user training
1. Product Specifications: Detailed technical specifications of goods being purchased
2. Price List: Detailed breakdown of prices for multiple items or pricing mechanisms
3. Delivery Schedule: Detailed timeline and logistics for delivery of goods
4. Quality Standards: Specific quality requirements and testing procedures
5. Service Level Agreement: Performance metrics for any associated services
6. Form of Acceptance Certificate: Template for formal acceptance of delivered goods
7. Warranty Certificate: Detailed warranty terms and procedures
8. GDPR Processing Agreement: Required when personal data processing is involved
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Retail
Technology
Industrial Equipment
Consumer Goods
Automotive
Electronics
Healthcare
Construction
Energy
Agriculture
Telecommunications
Professional Services
Food and Beverage
Relevant Teams
Procurement
Legal
Finance
Operations
Supply Chain
Vendor Management
Risk and Compliance
Commercial
Sourcing
Contract Management
Relevant Roles
Procurement Manager
Purchasing Director
Supply Chain Manager
Contract Administrator
Legal Counsel
Commercial Director
Chief Financial Officer
Operations Manager
Vendor Relations Manager
Category Manager
Sourcing Specialist
Business Development Manager
Risk Manager
Compliance Officer
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