The Business Sales Agreement Form is a fundamental commercial contract template designed for business-to-business transactions under Austrian law. It serves as a comprehensive framework for documenting sales arrangements between commercial entities, incorporating requirements from the Austrian Commercial Code (UGB) and Civil Code (ABGB). This document is particularly useful for businesses engaged in domestic Austrian trade or EU-based companies conducting business in Austria. It includes essential provisions for commercial sales, such as detailed product specifications, pricing structures, delivery terms, warranty obligations, and liability limitations, all aligned with Austrian commercial law requirements. The agreement is structured to accommodate various business sectors while maintaining compliance with both Austrian and EU regulations, making it a versatile tool for commercial transactions within the Austrian business environment.
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1. Parties: Identification of the contracting parties including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Subject Matter of Sale: Detailed description of the goods or services being sold
5. Purchase Price and Payment Terms: Pricing details, payment schedule, and payment methods
6. Delivery Terms: Delivery conditions, timing, and Incoterms if applicable
7. Quality and Specifications: Quality standards, technical specifications, and compliance requirements
8. Warranties and Representations: Standard warranties regarding the goods/services and authority to enter into the agreement
9. Title and Risk: Transfer of ownership and risk provisions
10. Term and Termination: Duration of the agreement and termination provisions
11. Liability and Indemnification: Limitation of liability and indemnification obligations
12. Confidentiality: Protection of confidential information exchanged during the business relationship
13. Force Majeure: Provisions for unforeseen circumstances preventing performance
14. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
15. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
16. Execution: Signature blocks and execution details
1. Intellectual Property Rights: Required when the sale involves software, technology, or IP-protected goods
2. Export Control: Necessary for international sales or goods subject to export restrictions
3. Quality Assurance and Inspection: Important for manufacturing or technical equipment sales
4. Training and Support: Relevant when the sale includes ongoing support or training services
5. Insurance: Required for high-value goods or when specific insurance coverage is necessary
6. Data Protection: Required when personal data processing is involved in the business relationship
7. Anti-Corruption: Important for international sales or public sector customers
8. Environmental Compliance: Relevant for sales of goods with environmental impact or regulations
9. Spare Parts and Maintenance: Important for technical equipment or machinery sales
1. Schedule 1 - Product Specifications: Detailed technical specifications of the goods
2. Schedule 2 - Pricing Schedule: Detailed pricing information, including any volume discounts or special pricing terms
3. Schedule 3 - Delivery Schedule: Detailed delivery timeframes and locations
4. Schedule 4 - Service Level Agreement: Performance metrics and service standards if applicable
5. Schedule 5 - Warranty Terms: Detailed warranty conditions and procedures
6. Appendix A - Technical Documentation: Product manuals, technical drawings, or other supporting documentation
7. Appendix B - Quality Standards: Applicable quality standards and certification requirements
8. Appendix C - Compliance Certificates: Required regulatory or compliance certificates
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