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A Pre-Sale Purchase Agreement is commonly used in Austria when parties wish to enter into a binding commitment for a future sale before the subject matter of the sale is ready for immediate transfer. This document type is particularly relevant for off-plan property purchases, custom-manufactured goods, or future-delivery arrangements. The agreement must comply with Austrian civil law (ABGB), consumer protection legislation if applicable, and specific regulations depending on the subject matter (such as the BTVG for real estate development). The Pre-Sale Purchase Agreement typically includes detailed specifications of the item or property, payment schedules, completion timelines, warranties, and conditions precedent. It serves to protect both parties' interests during the period between contract signing and final completion, providing clear rights and obligations under Austrian jurisdiction.

1. Parties: Identification of seller and buyer with full legal names, addresses, and registration details if applicable

2. Background: Context of the transaction, brief description of the subject matter, and intention to enter into a pre-sale agreement

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Purchase Price', 'Completion Date', etc.

4. Subject Matter of Sale: Detailed description of the item/property being sold, including specifications, condition, and any relevant identifiers

5. Purchase Price: The agreed price, payment schedule, deposit requirements, and payment methods

6. Payment Terms: Detailed breakdown of payment installments, deadlines, and consequences of late payment

7. Conditions Precedent: Conditions that must be fulfilled before the sale becomes binding

8. Completion: Process and requirements for completing the sale, including timing and delivery requirements

9. Seller's Warranties: Warranties regarding ownership, condition, and authority to sell

10. Buyer's Warranties: Warranties regarding capacity to purchase and financial ability

11. Risk and Insurance: Allocation of risk and insurance requirements during the pre-sale period

12. Termination: Circumstances under which either party may terminate and consequences

13. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes

14. Notices: How formal communications between parties should be made and delivered

15. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments