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Exclusive Dealing Contract Template for Austria

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Key Requirements PROMPT example:

Exclusive Dealing Contract

"I need an Exclusive Dealing Contract for my Austrian manufacturing company to appoint an exclusive distributor for our industrial machinery in Western Austria, with minimum purchase requirements of 鈧500,000 annually and a 3-year term starting January 2025."

Document background
The Exclusive Dealing Contract is essential for businesses seeking to establish protected distribution channels or exclusive supply relationships in Austria. This document is particularly relevant when a supplier wants to grant exclusive rights to a distributor in a specific territory or when a buyer commits to sourcing products exclusively from one supplier. The agreement must carefully balance commercial interests with legal compliance, especially regarding Austrian and EU competition laws. It typically includes detailed provisions on territory definition, performance requirements, duration of exclusivity, and termination rights. The document is structured to ensure compliance with both Austrian civil law requirements and EU regulations on vertical agreements, making it suitable for domestic and international business relationships within the EU framework.
Suggested Sections

1. Parties: Identification of the supplier and the exclusive dealer, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement, business relationship, and intention to enter into an exclusive dealing arrangement

3. Definitions: Key terms used throughout the agreement, including Territory, Products, Intellectual Property Rights, etc.

4. Grant of Exclusive Rights: Core provision establishing the exclusive dealing relationship and its scope

5. Territory: Definition and delimitation of the geographical area where the exclusive rights apply

6. Term and Termination: Duration of the agreement, renewal provisions, and circumstances for termination

7. Obligations of the Supplier: Supplier's commitments, including supply guarantees, pricing, and support

8. Obligations of the Dealer: Dealer's commitments, including minimum purchase requirements, marketing efforts, and reporting

9. Prices and Payment Terms: Pricing structure, payment conditions, and related financial terms

10. Intellectual Property Rights: Usage rights for trademarks, logos, and other IP during the agreement

11. Confidentiality: Protection of confidential information exchanged during the business relationship

12. Competition Law Compliance: Provisions ensuring compliance with EU and Austrian competition laws

13. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

Optional Sections

1. Non-Compete Obligations: Additional restrictions on dealer's activities, used when stronger market protection is needed

2. Performance Targets: Specific sales targets and performance metrics, included when quantitative objectives are crucial

3. Training and Support: Details of supplier's support services, included for complex products or services

4. Insurance Requirements: Specific insurance obligations, included for high-value or high-risk products

5. Bank Guarantee: Financial security requirements, included for high-value contracts or uncertain credit situations

6. Post-Termination Obligations: Specific duties after contract end, included for complex transition arrangements

7. Force Majeure: Provisions for unforeseen circumstances, included when supply chain reliability is crucial

Suggested Schedules

1. Schedule 1 - Products: Detailed list and specifications of products covered by the agreement

2. Schedule 2 - Territory Map: Detailed geographical definition and maps of the exclusive territory

3. Schedule 3 - Pricing Structure: Detailed pricing tables, discounts, and payment terms

4. Schedule 4 - Performance Metrics: Detailed KPIs and measurement methodology

5. Schedule 5 - Technical Requirements: Technical specifications and standards to be maintained

6. Schedule 6 - Approved Marketing Materials: Pre-approved promotional materials and guidelines

7. Appendix A - Compliance Guidelines: Detailed competition law compliance requirements and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
































Clauses



































Relevant Industries

Manufacturing

Automotive

Consumer Goods

Electronics

Pharmaceuticals

Luxury Goods

Industrial Equipment

Food and Beverage

Fashion and Apparel

Medical Devices

Software and Technology

Construction Materials

Relevant Teams

Legal

Commercial

Sales

Procurement

Supply Chain

Operations

Compliance

Business Development

Distribution

International Trade

Relevant Roles

Commercial Director

Sales Director

Business Development Manager

Legal Counsel

Contract Manager

Procurement Manager

Distribution Manager

Supply Chain Manager

Chief Commercial Officer

Regional Sales Manager

Compliance Officer

General Counsel

Managing Director

Operations Director

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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