The Hire Purchase Agreement Form is a crucial document used in Austrian commercial and consumer transactions where goods are purchased through installment payments. This agreement type is particularly relevant when dealing with high-value assets where immediate full payment is not practical or desired. The document complies with Austrian legislation, including the ABGB, KSchG, and VKrG, ensuring proper protection for both parties while maintaining the seller's security interest. It details payment schedules, ownership rights, maintenance obligations, and transfer conditions, making it essential for businesses offering financing options and consumers seeking flexible payment arrangements. The agreement is structured to protect the seller's interests through retention of title while providing the buyer with clear paths to ownership.
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1. Parties: Identification of the seller/creditor and the buyer/hirer, including full legal names and addresses
2. Background: Context of the agreement and brief description of the transaction
3. Definitions: Definitions of key terms used throughout the agreement
4. Subject Matter: Detailed description of the goods being sold under hire purchase
5. Purchase Price and Payment Terms: Total purchase price, deposit amount, installment amounts, payment schedule, and interest rate
6. Delivery and Acceptance: Terms regarding delivery of goods and acceptance procedures
7. Title and Risk: Provisions regarding retention of title until final payment and risk allocation
8. Maintenance and Use: Buyer's obligations regarding maintenance and proper use of the goods
9. Insurance: Requirements for insurance coverage of the goods
10. Default and Remedies: Consequences of default and available remedies for both parties
11. Transfer of Ownership: Conditions and process for final transfer of ownership upon completion of payments
12. Termination: Grounds for termination and consequences
13. Governing Law: Specification of Austrian law as governing law and jurisdiction
14. Signatures: Execution block for all parties
1. Early Payment Options: Terms for early repayment and any associated rebates or charges
2. Assignment: Rights and restrictions regarding assignment of the agreement
3. Third-Party Rights: Include when third parties have rights under the agreement
4. Warranties: Additional warranties beyond statutory requirements
5. Return of Goods: Detailed procedures for return of goods in case of termination
6. Data Protection: Include when personal data processing is involved
7. Force Majeure: Include for protection against unforeseen circumstances
8. Dispute Resolution: Include if specific dispute resolution procedures are desired
1. Schedule 1 - Description of Goods: Detailed technical specifications and description of the goods
2. Schedule 2 - Payment Schedule: Detailed breakdown of payment dates and amounts
3. Schedule 3 - Delivery Details: Specific delivery instructions and timeline
4. Schedule 4 - Condition Report: Initial condition report of the goods
5. Schedule 5 - Insurance Requirements: Detailed insurance specifications and requirements
6. Appendix A - Maintenance Requirements: Detailed maintenance procedures and schedules
7. Appendix B - Warranty Terms: Detailed warranty terms and conditions
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