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Requirements Contract
I need a requirements contract for a supplier to provide materials on an as-needed basis, with flexible delivery schedules and pricing adjustments based on market fluctuations. The contract should include a minimum purchase obligation and a termination clause with a 30-day notice period.
What is a Requirements Contract?
A Requirements Contract binds a buyer to purchase all their needed goods or services exclusively from one specific supplier. Under Austrian law, these agreements play a vital role in sectors like manufacturing and distribution, where businesses need reliable, long-term supply relationships.
These contracts give suppliers guaranteed business while offering buyers benefits like volume discounts and priority delivery. They must comply with Austrian competition laws and the ABGB (Civil Code), particularly regarding duration and termination rights. The agreement typically specifies minimum purchase quantities, pricing mechanisms, and delivery schedules, helping both parties plan their operations effectively.
When should you use a Requirements Contract?
Requirements Contracts work best when your business needs a guaranteed supply of specific materials or services over time. Manufacturing companies often use these agreements to secure crucial raw materials, while retail chains rely on them for consistent product inventory. Austrian businesses particularly benefit when dealing with specialized suppliers or in markets with limited vendor options.
Consider this approach when you need predictable pricing, want to lock in preferential treatment, or must ensure steady supply for your operations. Under Austrian competition law, these contracts provide legal protection while helping you negotiate better terms through volume commitments. They're especially valuable during supply chain uncertainties or when building strategic supplier relationships.
What are the different types of Requirements Contract?
- Fixed-Term Requirements Contracts: Limited to specific duration, typically 1-3 years under Austrian competition law. Ideal for testing new supplier relationships or project-specific needs.
- Open-Duration Requirements Contracts: Ongoing agreements with clear termination provisions, commonly used for established business partnerships and strategic supply relationships.
- Exclusive Requirements Contracts: Buyer commits to purchasing all needs from one supplier, offering maximum volume benefits but requiring careful competition law compliance.
- Partial Requirements Contracts: Allow purchases from multiple suppliers while maintaining minimum volume commitments, providing more flexibility under Austrian commercial law.
Who should typically use a Requirements Contract?
- Manufacturing Companies: Often serve as buyers in Requirements Contracts, securing steady supply of raw materials or components for their production lines.
- Wholesale Suppliers: Act as sellers, providing guaranteed supply commitments while benefiting from predictable order volumes and long-term business security.
- Legal Counsel: Draft and review these agreements to ensure compliance with Austrian competition law and the ABGB, particularly regarding exclusivity provisions.
- Procurement Officers: Negotiate terms, manage supplier relationships, and monitor contract performance for their organizations.
- Commercial Directors: Make strategic decisions about entering Requirements Contracts and oversee their business impact.
How do you write a Requirements Contract?
- Supply Details: Calculate expected purchase volumes, delivery schedules, and specific product specifications needed from the supplier.
- Price Structure: Document base pricing, volume discounts, and any price adjustment mechanisms for market fluctuations.
- Duration Planning: Determine contract length and termination conditions that comply with Austrian competition law.
- Quality Standards: Define product quality requirements, testing procedures, and acceptance criteria.
- Compliance Check: Review Austrian antitrust regulations regarding exclusive supply agreements.
- Contract Generation: Use our platform to create a legally sound Requirements Contract that includes all mandatory elements and minimizes drafting errors.
What should be included in a Requirements Contract?
- Party Identification: Complete legal names, addresses, and registration details of supplier and buyer under Austrian business law.
- Supply Commitment: Clear definition of exclusive purchase obligations and minimum volume requirements.
- Product Specifications: Detailed description of goods or services, including quality standards and technical requirements.
- Pricing Structure: Base prices, volume discounts, and adjustment mechanisms aligned with ABGB requirements.
- Duration Terms: Contract period, renewal conditions, and termination rights compliant with competition law.
- Force Majeure: Provisions for supply disruptions and exceptional circumstances under Austrian civil code.
- Dispute Resolution: Jurisdiction, applicable law, and arbitration procedures following Austrian legal standards.
What's the difference between a Requirements Contract and a Sales Contract?
Requirements Contracts are often confused with Sales Contracts in Austrian business law, but they serve distinctly different purposes. While both govern the sale of goods or services, their scope and commitments vary significantly.
- Duration and Commitment: Requirements Contracts establish long-term, exclusive purchasing obligations, while Sales Contracts typically cover single or discrete transactions.
- Volume Specificity: Requirements Contracts bind buyers to purchase all their needs from one supplier, whereas Sales Contracts specify exact quantities for one-time delivery.
- Pricing Structure: Requirements Contracts often include volume-based pricing tiers and adjustment mechanisms, while Sales Contracts usually set fixed prices.
- Competition Law Impact: Requirements Contracts face stricter scrutiny under Austrian competition law due to their exclusive nature, unlike standard Sales Contracts.
- Flexibility: Sales Contracts offer more freedom to switch suppliers, while Requirements Contracts create lasting supply relationships with specific obligations.
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