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Reseller Agreement for Austria

Reseller Agreement Template for Austria

A comprehensive legal agreement governed by Austrian law that establishes and regulates the commercial relationship between a supplier and a reseller. The agreement defines the terms under which the reseller is authorized to market, sell, and distribute the supplier's products within a specified territory. It incorporates Austrian commercial law requirements, EU regulations, and includes provisions for product supply, pricing, intellectual property rights, territory restrictions, and compliance with local competition laws. The document addresses both parties' rights and obligations while ensuring alignment with Austrian business practices and regulatory requirements.

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What is a Reseller Agreement?

The Reseller Agreement is a crucial commercial contract used when a business wants to expand its distribution network by appointing third-party resellers to market and sell its products. This document, governed by Austrian law, is essential for companies seeking to establish a structured distribution network while maintaining control over their product distribution chain. It defines the framework for the business relationship, including territorial rights, pricing structures, performance expectations, and compliance requirements. The agreement must comply with both Austrian national laws (particularly the UGB and ABGB) and relevant EU regulations, especially regarding competition law and vertical agreements. It's particularly important for businesses expanding their market presence in Austria and neighboring EU countries, providing legal protection while ensuring practical commercial operability.

What sections should be included in a Reseller Agreement?

1. Parties: Identification of the supplier and reseller with full legal names and addresses

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 reseller appointment, territory definition, and exclusivity status

5. Rights and Obligations of the Supplier: Supplier's commitments including product supply, support, and training

6. Rights and Obligations of the Reseller: Reseller's commitments including marketing, sales efforts, and customer service

7. Ordering and Delivery: Process for placing orders, delivery terms, and lead times

8. Prices and Payment: Pricing structure, payment terms, and invoicing procedures

9. Intellectual Property Rights: Protection and usage of trademarks, logos, and other IP

10. Confidentiality: Protection of confidential information and trade secrets

11. Term and Termination: Duration of agreement and circumstances for termination

12. Post-Termination: Obligations and rights after agreement termination

13. General Provisions: Standard legal clauses including governing law, notices, and assignment

What sections are optional to include in a Reseller Agreement?

1. Minimum Purchase Requirements: Include when supplier requires minimum order quantities or values

2. Marketing and Promotion: Include when specific marketing requirements or cooperative advertising programs exist

3. Training Requirements: Include when reseller must complete specific product or sales training

4. Service Level Requirements: Include when specific customer service standards must be maintained

5. Non-Compete: Include when restricting reseller from selling competing products

6. Data Protection: Include detailed section when significant customer data processing occurs

7. Insurance Requirements: Include when specific insurance coverage is required

8. Audit Rights: Include when supplier needs right to audit reseller's records or facilities

9. E-commerce Provisions: Include when reseller will sell products online

What schedules should be included in a Reseller Agreement?

1. Schedule 1 - Products: 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 Payment Terms: Detailed pricing structure, discounts, and payment conditions

4. Schedule 4 - Service Level Requirements: Specific performance metrics and service standards

5. Schedule 5 - Trademark Usage Guidelines: Rules for using supplier's trademarks and branding

6. Schedule 6 - Reporting Requirements: Templates and specifications for required reports

7. Appendix A - Technical Requirements: Technical specifications and requirements for product handling

8. Appendix B - Returns Policy: Procedures for handling product returns and warranties

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

Jurisdiction

Austria

Document Type

Agreement Contract

Cost

Free to use

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