The Exclusive Supply Agreement is a crucial commercial contract used when parties wish to establish a dedicated supply relationship where one party becomes the exclusive supplier of specific products to another. This document, governed by Austrian law and EU regulations, is particularly important in industries requiring secured supply chains, guaranteed product quality, and long-term business relationships. It includes comprehensive terms covering supply obligations, exclusivity provisions, quality standards, pricing mechanisms, and risk allocation. The agreement ensures compliance with Austrian commercial law (UGB), competition law (Kartellgesetz), and relevant EU regulations, particularly regarding territorial restrictions and market impact. It's commonly used in manufacturing, distribution, and various industrial sectors where consistent supply and product quality are essential for business operations.
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1. Parties: Identification and details of the supplier and buyer
2. Background: Context of the agreement and business relationship
3. Definitions: Defined terms used throughout the agreement
4. Exclusivity Obligations: Terms of exclusive supply arrangement and territorial restrictions
5. Supply Obligations: Supplier's obligations regarding product supply and delivery
6. Purchase Obligations: Buyer's commitments regarding minimum purchase quantities
7. Ordering Process: Procedures for placing and accepting orders
8. Delivery Terms: Delivery timeframes, logistics, and Incoterms
9. Quality Requirements: Product specifications and quality standards
10. Prices and Payment: Pricing structure, payment terms, and price adjustment mechanisms
11. Term and Termination: Duration of agreement and termination provisions
12. Warranties: Product warranties and quality guarantees
13. Liability and Indemnification: Allocation of risks and liability between parties
14. Force Majeure: Provisions for unforeseen circumstances affecting performance
15. Confidentiality: Protection of confidential information
16. Governing Law and Jurisdiction: Application of Austrian law and dispute resolution
17. General Provisions: Standard boilerplate clauses including notices, amendments, etc.
1. Intellectual Property Rights: Required if the supply involves branded products or licensed technology
2. Regulatory Compliance: Needed if products are subject to specific regulatory requirements
3. Insurance: Detailed insurance requirements if significant risk exposure exists
4. Storage and Handling: Include if products require special storage or handling conditions
5. Marketing and Promotion: Required if supplier has specific requirements for product marketing
6. Training: Include if supplier must provide product training to buyer
7. Data Protection: Required if personal data processing is involved
8. Export Control: Needed if products are subject to export restrictions
9. Environmental Compliance: Include if environmental regulations affect the supply relationship
10. Change Control: Required for industries where product changes need formal approval
1. Product Specifications: Detailed technical specifications of products
2. Price List: Current prices and any volume-based discounts
3. Minimum Purchase Quantities: Agreed monthly/annual minimum purchase commitments
4. Quality Standards: Detailed quality requirements and testing procedures
5. Service Levels: Specific delivery and performance metrics
6. Territory Definition: Detailed description of exclusive territory if geographically limited
7. Approved Sub-contractors: List of approved manufacturing or delivery sub-contractors
8. Contact Details: Key contact persons for various aspects of the relationship
9. Required Certifications: Copies of required regulatory or quality certifications
10. Standard Operating Procedures: Detailed procedures for ordering, delivery, and returns
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