The Sales Agreement Form is a fundamental legal document used in Austrian commercial transactions to formalize the sale and purchase of goods between parties. This template is specifically designed to comply with Austrian legal requirements, including provisions from the ABGB (Austrian Civil Code), UGB (Commercial Code), and relevant EU regulations. The document is suitable for both B2B and B2C transactions, though specific provisions may need adjustment depending on the transaction type. The Sales Agreement Form includes comprehensive sections covering all essential aspects of a sale, from product specifications and pricing to delivery terms and warranty provisions, while incorporating mandatory requirements under Austrian law. It serves as a crucial tool for businesses operating in Austria or engaging in transactions governed by Austrian law, providing a clear framework for rights, obligations, and risk allocation between parties.
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1. Parties: Identification and details of the seller and buyer, including full legal names, registration numbers, and addresses
2. Background: Context of the sale and brief description of the transaction
3. Definitions: Key terms used throughout the agreement
4. Subject Matter of Sale: Detailed description of the goods being sold, including specifications and quantities
5. Purchase Price: Price, payment terms, currency, and payment method
6. Delivery: Delivery terms, timeline, location, and Incoterms (if applicable)
7. Transfer of Risk and Title: When and how risk and ownership transfer from seller to buyer
8. Warranties and Representations: Standard warranties regarding goods quality, ownership, and compliance with specifications
9. Defects and Claims: Process for handling defective goods and making warranty claims
10. Termination: Circumstances under which the agreement can be terminated and consequences
11. Force Majeure: Events excusing performance and procedures during such events
12. Governing Law and Jurisdiction: Confirmation of Austrian law governance and jurisdiction for disputes
13. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments
1. Intellectual Property Rights: Required when the sale involves goods with associated IP rights or licenses
2. Confidentiality: Needed when sensitive information will be exchanged during the transaction
3. Export Control: Required for international sales or goods subject to export restrictions
4. Insurance: Needed for high-value goods or when specific insurance requirements exist
5. Quality Control: Important for manufacturing or industrial goods sales
6. After-Sales Service: Relevant for technical equipment or goods requiring maintenance
7. Return Policy: Particularly important for B2C sales or when specific return rights are granted
8. Data Protection: Required when personal data processing is involved in the transaction
1. Schedule 1 - Product Specifications: Detailed technical specifications of the goods
2. Schedule 2 - Pricing Schedule: Detailed pricing information, especially for multiple products or volume-based pricing
3. Schedule 3 - Delivery Schedule: Detailed delivery timeframes and locations, particularly for multiple deliveries
4. Schedule 4 - Quality Standards: Specific quality requirements and testing procedures
5. Schedule 5 - Warranty Terms: Detailed warranty conditions and claim procedures
6. Appendix A - Technical Documentation: Product manuals, technical drawings, or other supporting documentation
7. Appendix B - Compliance Certificates: Required certifications or compliance documentation
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