The Dealer Agreement is essential for businesses operating a dealer network in Austria, establishing the framework for product distribution through independent dealers. It's particularly relevant when a manufacturer wants to expand their market presence through authorized dealers while maintaining control over their product distribution and brand reputation. The agreement must comply with Austrian commercial law, including the UGB (Unternehmensgesetzbuch) and ABGB (Allgemeines bürgerliches Gesetzbuch), while also considering EU regulations affecting distribution relationships. This document is crucial for businesses seeking to establish clear terms for product distribution, territorial rights, performance standards, and mutual obligations in the Austrian market.
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1. Parties: Identification of the manufacturer/supplier and dealer with full legal details
2. Background: Context of the agreement and business relationship
3. Definitions: Key terms used throughout the agreement
4. Appointment and Territory: Scope of dealer appointment and defined geographic territory
5. Rights and Obligations of the Dealer: Core responsibilities including sales targets, marketing, customer service
6. Rights and Obligations of the Manufacturer: Supply commitments, support, training obligations
7. Products and Pricing: Product range, pricing structure, and modifications
8. Orders and Delivery: Process for ordering, delivery terms, lead times
9. Payment Terms: Invoice terms, payment methods, credit terms
10. Intellectual Property: Usage rights for trademarks, logos, and other IP
11. Confidentiality: Protection of business information and trade secrets
12. Term and Termination: Duration, renewal, and termination provisions
13. Post-Termination: Obligations and rights after agreement ends
14. General Provisions: Standard legal clauses including governing law, notices, assignment
1. Non-Compete: Restrictions on competing activities - optional based on business model and competition law considerations
2. Marketing Requirements: Detailed marketing obligations - needed for brand-sensitive products
3. Service Level Requirements: Specific performance metrics - relevant for technical or complex products
4. Stock Requirements: Minimum stock levels - important for products requiring immediate availability
5. Training Requirements: Staff training obligations - necessary for technical or specialized products
6. Insurance: Specific insurance requirements - relevant for high-value or risk-sensitive products
7. Data Protection: GDPR compliance - required if personal data processing is involved
8. E-Commerce Provisions: Online sales regulations - needed if online distribution is permitted
9. Warranty Handling: Warranty process - important for technical products or consumer goods
1. Product List: Detailed list of authorized products and specifications
2. Price List: Current prices and discount structures
3. Territory Map: Detailed definition of geographic territory
4. Performance Targets: Specific sales targets and KPIs
5. Technical Requirements: Technical specifications and standards to be maintained
6. Brand Guidelines: Rules for brand usage and marketing materials
7. Service Level Agreement: Detailed service performance metrics
8. Warranty Terms: Detailed warranty procedures and terms
9. Returns Policy: Procedures for handling product returns
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