The Car Dealer Contract serves as the foundational agreement governing the relationship between automotive manufacturers or distributors and their authorized dealers in Austria. This document is essential when establishing new dealerships, renewing existing agreements, or updating terms to reflect changes in business operations or regulatory requirements. It encompasses comprehensive provisions for vehicle sales, warranty obligations, service standards, and territorial rights, while ensuring compliance with Austrian commercial law, EU regulations, and industry standards. The contract typically includes detailed specifications for facility requirements, performance metrics, training obligations, and brand representation, making it a crucial document for establishing and maintaining successful automotive retail operations within the Austrian market.
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1. Parties: Identification of the contracting parties - typically the manufacturer/supplier and the dealer
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Defined terms used throughout the agreement
4. Appointment and Territory: Scope of dealer's appointment and defined geographical territory
5. Dealer Obligations: Core responsibilities including sales targets, customer service standards, and facility requirements
6. Product Standards: Requirements for vehicle quality, maintenance, and presentation
7. Marketing and Branding: Rules for use of trademarks, advertising standards, and promotional activities
8. Financial Terms: Pricing structure, payment terms, and financial obligations
9. Warranty and After-Sales Service: Warranty terms and after-sales service requirements
10. Training and Support: Manufacturer's obligations for dealer training and ongoing support
11. Reporting Requirements: Regular reporting obligations and performance metrics
12. Term and Termination: Duration of agreement and termination provisions
13. Confidentiality: Protection of confidential information and trade secrets
14. Data Protection: GDPR compliance and data handling requirements
15. Governing Law: Austrian law as governing law and jurisdiction provisions
1. Used Vehicle Operations: Include when dealer handles used car sales and trade-ins
2. Financial Services: Include when dealer offers financing or leasing services
3. Insurance Services: Include when dealer provides insurance products
4. Electric Vehicle Provisions: Include for dealers selling electric vehicles, covering charging infrastructure and specific EV requirements
5. Service Center Operations: Include when dealer operates repair and maintenance facilities
6. Spare Parts Distribution: Include when dealer acts as parts distributor
7. Demo Vehicles: Include when dealer maintains demonstration fleet
8. Digital Sales Channel: Include for online sales operations
9. Environmental Compliance: Include specific environmental obligations beyond standard requirements
1. Schedule 1 - Territory Map: Detailed map and description of authorized sales territory
2. Schedule 2 - Approved Products: List of vehicle models and variants authorized for sale
3. Schedule 3 - Financial Terms: Detailed pricing structures, margins, and payment terms
4. Schedule 4 - Performance Targets: Specific sales targets and performance metrics
5. Schedule 5 - Facility Requirements: Detailed specifications for showroom and service facilities
6. Schedule 6 - Training Requirements: Required training programs and certifications
7. Schedule 7 - Marketing Guidelines: Detailed marketing and branding requirements
8. Schedule 8 - Warranty Procedures: Detailed warranty processing procedures
9. Appendix A - Required Reports: Templates and specifications for required reports
10. Appendix B - Quality Standards: Detailed quality control and service standards
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