The Enterprise Framework Agreement is designed for businesses operating in Austria seeking to establish a structured, long-term commercial relationship with clear governance and operational procedures. It is particularly suited for situations where parties anticipate multiple transactions or ongoing services and want to avoid negotiating terms for each individual order. The agreement complies with Austrian commercial law requirements while incorporating international best practices for framework agreements. It includes comprehensive provisions for ordering processes, performance standards, risk allocation, and dispute resolution, with flexibility to accommodate specific requirements through schedules and appendices. This document type is commonly used in various sectors where businesses need a robust legal framework for recurring transactions, especially in complex supply chains or service delivery arrangements.
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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, relationship between parties, and general purpose of the framework agreement
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. Structure of the Agreement: Explanation of how the framework agreement operates, including its relationship with subsequent orders or statements of work
5. Term and Termination: Duration of the framework agreement, renewal provisions, and termination rights
6. Ordering Process: Procedures for placing, accepting, and processing orders under the framework
7. Prices and Payment: General pricing principles, payment terms, invoicing requirements, and price adjustment mechanisms
8. Performance Standards: General quality standards, service levels, and performance requirements applicable to all orders
9. Intellectual Property Rights: Ownership and licensing of IP, including pre-existing IP and newly created IP
10. Confidentiality: Protection of confidential information exchanged under the agreement
11. Liability and Indemnification: Allocation of risks, limitation of liability, and indemnification obligations
12. Force Majeure: Provisions for handling events beyond parties' reasonable control
13. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
14. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Data Protection: Detailed GDPR compliance provisions, required if personal data processing is involved
2. Insurance: Insurance requirements, needed for high-risk or high-value frameworks
3. Compliance with Laws: Specific regulatory compliance obligations, important for regulated industries
4. Environmental and Social Responsibility: ESG requirements, relevant for companies with sustainability commitments
5. Export Control: Required for frameworks involving international trade or controlled goods
6. Security Requirements: Detailed security obligations, essential for IT or sensitive operations
7. Personnel: Requirements for staff qualifications and vetting, relevant for service-based frameworks
8. Change Control: Formal process for managing changes to the framework or orders, useful for complex relationships
1. Schedule 1 - Products and Services: Detailed description of products/services covered by the framework
2. Schedule 2 - Pricing Schedule: Detailed pricing, including any volume discounts or pricing mechanisms
3. Schedule 3 - Service Levels: Specific performance metrics, measurement methods, and remedies
4. Schedule 4 - Order Template: Standard form for placing orders under the framework
5. Schedule 5 - Technical Requirements: Detailed technical specifications or requirements
6. Schedule 6 - Operational Procedures: Detailed processes for day-to-day operations and communication
7. Schedule 7 - Contact Details: Key contacts and escalation procedures
8. Schedule 8 - Data Processing Agreement: GDPR-compliant data processing terms if applicable
9. Appendix A - Parent Company Guarantee: Format for parent company guarantee if required
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