The Vehicle Purchase Agreement is a legally binding document used in Austria to formalize and document the sale and purchase of vehicles, whether in private transactions or commercial sales. This agreement is essential for protecting both buyers' and sellers' interests while ensuring compliance with Austrian legal requirements, including the ABGB, Consumer Protection Act (KSchG), and Motor Vehicle Act (KFG). It covers crucial aspects such as vehicle identification, price, payment terms, warranties, and ownership transfer procedures. The document is particularly important as vehicle transactions often involve significant financial commitments and regulatory requirements, making it necessary to clearly document all aspects of the sale to prevent future disputes and ensure proper transfer of ownership.
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1. Parties: Identification and details of the seller and purchaser, including full names, addresses, and registration numbers for businesses
2. Background: Brief context of the sale and confirmation that the seller owns the vehicle and has the right to sell it
3. Definitions: Key terms used throughout the agreement including 'Vehicle', 'Purchase Price', 'Completion Date', etc.
4. Vehicle Description: Detailed description of the vehicle including make, model, year, VIN, registration number, mileage, and key features
5. Purchase Price and Payment: The agreed purchase price, payment method, deposit requirements, and payment schedule
6. Seller's Warranties: Warranties regarding vehicle ownership, condition, accident history, and compliance with Austrian regulations
7. Completion Requirements: Conditions for completion of sale, including documentation, registration transfer, and insurance requirements
8. Transfer of Title and Risk: Provisions regarding when ownership and risk transfer to the purchaser
9. Registration and Insurance: Obligations regarding vehicle registration transfer and insurance requirements under Austrian law
10. Tax and Costs: Allocation of taxes (including VAT), registration fees, and transfer costs
11. Governing Law: Confirmation that the agreement is governed by Austrian law
1. Trade-In Vehicle: Details of any vehicle being traded in as part of the purchase, including condition and valuation
2. Financing Terms: If the purchase involves financing, details of the financing arrangement and security interests
3. Condition on Delivery: Specific agreements about repairs or improvements to be made before delivery
4. Post-Sale Services: Any included maintenance or service packages
5. Export Provisions: Required when the vehicle will be exported outside Austria
6. Commercial Use: Additional terms for vehicles intended for commercial use
7. Distance Sale Provisions: Required when the sale is conducted remotely under FAGG regulations
8. Consumer Protection Rights: Additional protections when the seller is a business and buyer is a consumer under KSchG
1. Vehicle Technical Specifications: Detailed technical specifications and features of the vehicle
2. Vehicle Condition Report: Comprehensive report on the vehicle's condition, including photographs and noted defects
3. Service History: Documentation of the vehicle's maintenance and service history
4. Previous Ownership Records: Details of previous owners and usage history
5. Insurance and Registration Documents: Copies of current insurance certificates and registration documents
6. Inspection Certificates: Recent technical inspection certificates and emissions test results
7. Warranty Documentation: Details of any remaining manufacturer's warranty or additional warranty coverage
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