The Dealer Distributor Agreement is a crucial commercial contract used when a manufacturer or supplier wishes to establish a formal distribution relationship with a dealer in Austria. This agreement type is particularly important in the Austrian market, where distribution relationships are subject to both national commercial laws and EU regulations. The document serves to clearly define the rights and obligations of both parties, establish territorial boundaries, set commercial terms, and ensure compliance with relevant legislation including the Austrian Commercial Code (UGB) and EU competition laws. A well-structured Dealer Distributor Agreement is essential for businesses looking to expand their distribution network in Austria while maintaining control over their product distribution and brand reputation. It typically includes detailed provisions for product ordering, pricing, marketing requirements, performance standards, and termination procedures, all tailored to meet Austrian legal requirements and business practices.
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1. Parties: Identification and details of the contracting parties (Supplier and Dealer)
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Territory: Scope of dealer appointment, territorial rights, and exclusivity status
5. Term and Renewal: Duration of the agreement and conditions for renewal
6. Dealer Obligations: Core responsibilities and commitments of the dealer
7. Supplier Obligations: Core responsibilities and commitments of the supplier
8. Ordering and Delivery: Process for ordering products and delivery terms
9. Prices and Payment Terms: Pricing structure, payment conditions, and invoicing procedures
10. Intellectual Property Rights: Usage rights and restrictions regarding trademarks, patents, and other IP
11. Confidentiality: Protection and handling of confidential information
12. Marketing and Promotion: Requirements and guidelines for marketing activities
13. Warranty and Product Claims: Warranty terms and process for handling product claims
14. Termination: Grounds for termination and termination procedures
15. Post-Termination Obligations: Parties' obligations following agreement termination
16. General Provisions: Standard legal provisions including governing law, notices, and amendments
1. Minimum Purchase Requirements: Include when dealer is required to maintain minimum purchase levels
2. Performance Targets: Include when specific sales targets or KPIs are required
3. Training Requirements: Include when dealer must undergo specific product or service training
4. Stock Requirements: Include when dealer must maintain minimum stock levels
5. After-Sales Service: Include when dealer must provide specific after-sales support
6. Non-Compete Provisions: Include when restricting dealer from selling competing products
7. E-Commerce Provisions: Include when online sales are permitted or restricted
8. Data Protection: Include detailed GDPR compliance when significant personal data processing is involved
9. Insurance Requirements: Include when specific insurance coverage is required
10. Bank Guarantee: Include when financial security is required from dealer
1. Schedule 1 - Products: Detailed list of products covered by the agreement
2. Schedule 2 - Territory: Detailed description of geographical territory and any excluded areas
3. Schedule 3 - Prices and Discount Structure: Current price lists and applicable discount schemes
4. Schedule 4 - Minimum Purchase Quantities: Specific minimum purchase requirements if applicable
5. Schedule 5 - Performance Targets: Detailed KPIs and performance metrics
6. Schedule 6 - Technical Requirements: Technical specifications and standards for product handling
7. Schedule 7 - Trademark Usage Guidelines: Detailed guidelines for use of supplier's trademarks
8. Schedule 8 - Service Level Requirements: Specific service levels and response times
9. Appendix A - Standard Operating Procedures: Detailed operational procedures and processes
10. Appendix B - Reporting Templates: Standard forms for required reporting
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