The Car Sale Contract With Payments is designed for use in Austria when selling vehicles under a payment plan arrangement rather than immediate full payment. This document is essential for both private and commercial transactions where the purchase price is paid in installments over time. It includes comprehensive provisions for vehicle description, payment terms, ownership transfer, warranties, and insurance requirements, all aligned with Austrian legal requirements including the ABGB, KSchG, and KFG. The contract is particularly useful for car dealerships, private sellers, and businesses engaging in vehicle sales, providing legal protection for both parties while ensuring compliance with Austrian regulations regarding vehicle sales and financing arrangements.
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1. Parties: Identification of seller and buyer with full legal names, addresses, and identification numbers
2. Background: Brief context of the sale transaction and confirmation that the seller owns the vehicle
3. Definitions: Key terms used throughout the agreement including 'Vehicle', 'Purchase Price', 'Payment Schedule', etc.
4. Vehicle Description: Detailed description of the vehicle including make, model, year, VIN, mileage, and condition
5. Purchase Price and Payment Terms: Total purchase price, payment schedule, interest rates, and payment method details
6. Transfer of Ownership: Conditions and process for transferring vehicle ownership upon completion of payments
7. Seller's Warranties: Seller's representations regarding vehicle condition, ownership, and absence of encumbrances
8. Buyer's Obligations: Buyer's responsibilities including insurance, maintenance, and usage restrictions during payment period
9. Default and Remedies: Consequences of payment default and available legal remedies
10. Risk and Insurance: Transfer of risk and mandatory insurance requirements
11. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes
12. Signatures: Execution section with date and signatures of all parties
1. Trade-In Vehicle: Details of any vehicle being traded in as part of the purchase - include when there is a trade-in component
2. Third-Party Financing: Additional terms when financing is provided by a third-party lender
3. Co-Signer Provisions: Terms applying to any co-signer guaranteeing the payments - include when there is a co-signer
4. Commercial Use: Additional terms for vehicles intended for commercial use - include for business purchases
5. Early Payment Provisions: Terms for early payment or contract termination - include when early payment is allowed
6. Cross-Border Use: Special provisions for vehicles that will be regularly used across borders - include for international use cases
1. Schedule A - Vehicle Condition Report: Detailed inspection report documenting the vehicle's condition at sale
2. Schedule B - Payment Schedule: Detailed breakdown of all payments including dates, amounts, and interest calculations
3. Schedule C - Vehicle Documentation: Copies of vehicle registration, technical inspection certificates, and service history
4. Schedule D - Insurance Requirements: Specific insurance requirements and minimum coverage details
5. Appendix 1 - Vehicle Photographs: Dated photographs documenting the vehicle's condition at sale
6. Appendix 2 - Warranty Terms: Detailed warranty terms and conditions if applicable
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