The Tooling Agreement is essential for businesses operating in Austria that require specialized tools and equipment for their manufacturing or production processes. This document is typically used when one party needs to procure, use, or maintain specific tooling from another party, whether for manufacturing, assembly, testing, or other industrial purposes. The agreement, governed by Austrian law, comprehensively covers tool specifications, ownership rights, maintenance obligations, quality standards, and liability allocation. It ensures compliance with Austrian commercial law (UGB) and civil code (ABGB) requirements while protecting both parties' interests in the tooling relationship. The document is particularly relevant for manufacturing, automotive, aerospace, and other industrial sectors where specialized tooling is critical for operations.
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1. Parties: Identification of the contracting parties including full legal names and addresses
2. Background: Context of the agreement and business relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Agreement: Description of the tools covered and their intended use
5. Ownership and Title: Clear statement of tool ownership and transfer conditions
6. Payment Terms: Cost of tools, payment schedule, and related financial terms
7. Delivery and Acceptance: Terms for tool delivery, inspection, and acceptance procedures
8. Usage Rights and Restrictions: Conditions and limitations for tool usage
9. Maintenance and Storage: Responsibilities for tool maintenance, storage, and preservation
10. Quality Requirements: Quality standards and specifications for the tools
11. Liability and Insurance: Allocation of risks and insurance requirements
12. Term and Termination: Duration of agreement and termination conditions
13. Confidentiality: Protection of confidential information related to tools and processes
14. Governing Law and Jurisdiction: Specification of Austrian law application and dispute resolution
15. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Intellectual Property Rights: Required when tools involve patented technology or proprietary designs
2. Export Control: Necessary when tools may be subject to export regulations
3. Environmental Compliance: Include when tools have environmental impact or specific disposal requirements
4. Training and Support: Add when supplier must provide training or technical support
5. Safety Requirements: Include for tools with specific safety considerations or certifications
6. Warranty: Optional extended warranty provisions beyond statutory requirements
7. Third-Party Rights: Required when tools incorporate third-party components or licenses
8. Force Majeure: Include for long-term agreements or when tools are critical to operations
1. Schedule 1 - Tool Specifications: Detailed technical specifications and drawings of the tools
2. Schedule 2 - Pricing Schedule: Detailed breakdown of costs, including maintenance and replacement costs
3. Schedule 3 - Quality Standards: Specific quality requirements and testing procedures
4. Schedule 4 - Maintenance Schedule: Detailed maintenance requirements and schedules
5. Schedule 5 - Acceptance Criteria: Specific criteria for tool acceptance and testing
6. Schedule 6 - Service Level Agreement: Performance metrics and response times for support
7. Appendix A - Tool List: Comprehensive list of all tools covered by the agreement
8. Appendix B - Contact Information: Key contacts for both parties for various aspects of the agreement
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Automotive
Aerospace
Industrial Equipment
Electronics Manufacturing
Medical Device Manufacturing
Defense Industry
Construction
Machinery and Equipment
Precision Engineering
Relevant Teams
Legal
Procurement
Operations
Manufacturing
Engineering
Quality Control
Supply Chain
Technical Operations
Maintenance
Production
Contracts
Facilities Management
Relevant Roles
Procurement Manager
Supply Chain Director
Manufacturing Engineer
Operations Manager
Quality Control Manager
Production Manager
Legal Counsel
Contract Manager
Technical Director
Facilities Manager
Tool Engineer
Industrial Engineer
Maintenance Manager
Chief Operations Officer
Manufacturing Director
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