The Car Purchase Contract serves as a legally binding document for vehicle transactions in Austria, whether between private individuals, commercial entities, or a combination thereof. It is essential for documenting the terms and conditions of vehicle sales, ensuring compliance with Austrian legal requirements, and protecting the interests of both parties. This document is particularly important as it addresses specific Austrian regulatory requirements for vehicle transfers, including mandatory documentation, registration procedures, and warranty obligations. The contract incorporates provisions from key legislation such as the ABGB, KSchG, and KFG, while also considering EU directives relevant to vehicle sales. It is designed to handle various scenarios, from simple private sales to complex commercial transactions involving financing or trade-ins.
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1. Parties: Identification of seller and buyer with full legal names, addresses, and identification numbers
2. Background: Brief context of the sale and confirmation that the seller is the legal owner of the vehicle
3. Definitions: Key terms used in the contract including 'Vehicle', 'Purchase Price', 'Delivery Date', etc.
4. Vehicle Description: Detailed specification of the vehicle including make, model, year, VIN, mileage, color, and registration number
5. Purchase Price: Agreed purchase price, payment terms, and payment method
6. Transfer of Ownership: Terms and process for transferring vehicle ownership and registration
7. Seller's Representations: Seller's warranties regarding vehicle condition, ownership, and absence of liens
8. Buyer's Acknowledgments: Buyer's confirmation of vehicle inspection and acceptance of condition
9. Delivery: Details of vehicle handover including location, date, and required documentation
10. Registration and Insurance: Responsibilities for vehicle registration transfer and insurance requirements
11. Governing Law: Confirmation that the contract is governed by Austrian law
12. Signatures: Execution section for both parties with date and place of signing
1. Warranty Terms: For new vehicles or when additional warranty is provided beyond statutory requirements
2. Financing Terms: When the purchase involves financing or installment payments
3. Trade-in Details: When another vehicle is being traded in as part of the purchase
4. Consumer Protection Provisions: Additional terms required when seller is a business and buyer is a consumer
5. Existing Damage Declaration: For used vehicles, detailed description of any existing damage or wear
6. Return Policy: For commercial sellers, terms under which the vehicle can be returned
7. Service History: For used vehicles, details of maintenance and service history
1. Vehicle Technical Specifications: Detailed technical information about the vehicle including all factory specifications
2. Vehicle Condition Report: Detailed assessment of vehicle condition including photographs and noted defects
3. Service History Records: Copies of service records and maintenance documentation
4. Vehicle Registration Documents: Copies of current registration papers and ownership documents
5. Equipment and Accessories List: Detailed list of all equipment and accessories included in the sale
6. Insurance Documentation: Proof of insurance and transfer requirements
7. Financing Documentation: If applicable, details of financing arrangements and terms
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