The Agreement to Perform Work (Werkvertrag) is a fundamental contract type in Austrian business practice, essential for engaging contractors or service providers for specific projects or deliverables. This document is commonly used when a party (the contractor) agrees to produce a specific result or complete defined work for another party (the client), as opposed to providing ongoing services or employment. The agreement is governed by Austrian law, particularly the Austrian Civil Code (ABGB) §§1151-1164, and includes crucial elements such as scope of work, delivery terms, acceptance criteria, and warranty provisions. It's particularly relevant for project-based work, consulting arrangements, construction projects, and various professional services where the focus is on delivering specific outcomes rather than providing continuous service.
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1. Parties: Identification and details of the contracting parties (contractor and client)
2. Background: Context of the agreement and general purpose of the contractual relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Work: Detailed description of the work to be performed, deliverables, and expected outcomes
5. Timeline and Milestones: Specific deadlines, project phases, and completion dates
6. Compensation: Payment terms, amounts, and schedule of payments
7. Rights and Obligations: Specific responsibilities and duties of both parties
8. Acceptance Criteria: Conditions and procedures for accepting completed work
9. Warranty: Warranty terms for the completed work as required under Austrian law
10. Intellectual Property: Ownership and rights to work products and pre-existing IP
11. Liability and Insurance: Limitation of liability, required insurance coverage, and indemnification
12. Confidentiality: Protection of confidential information and trade secrets
13. Term and Termination: Duration of agreement and conditions for termination
14. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
15. Execution: Signature blocks and execution requirements
1. Data Protection: GDPR compliance provisions - required if personal data is processed
2. Non-Compete: Restrictions on competitive activities - useful for sensitive or specialized work
3. Force Majeure: Provisions for unforeseen circumstances - recommended for long-term or complex projects
4. Subcontracting: Terms for engaging subcontractors - needed if subcontracting is permitted
5. Quality Assurance: Specific quality standards and testing procedures - important for technical or specialized work
6. Training and Support: Post-completion support obligations - relevant for technical implementations or complex deliverables
7. Equipment and Materials: Provisions regarding tools and materials - needed if specific equipment is required
8. Site Access and Safety: Required for work performed at client premises
1. Schedule A - Detailed Work Specification: Technical specifications, requirements, and deliverable details
2. Schedule B - Payment Schedule: Detailed breakdown of payments, milestones, and payment conditions
3. Schedule C - Timeline: Detailed project timeline, milestones, and deadlines
4. Schedule D - Required Personnel: Key personnel requirements and qualifications
5. Schedule E - Acceptance Test Procedures: Detailed procedures for testing and accepting deliverables
6. Appendix 1 - Technical Standards: Applicable technical standards and requirements
7. Appendix 2 - Insurance Requirements: Detailed insurance requirements and coverage levels
8. Appendix 3 - Health and Safety Requirements: Safety protocols and requirements if applicable
Relevant legal definitions
Clauses
Relevant Industries
Construction
Information Technology
Engineering
Consulting
Manufacturing
Creative Industries
Professional Services
Research and Development
Architecture
Industrial Design
Software Development
Media Production
Technical Services
Business Services
Relevant Teams
Legal
Procurement
Operations
Commercial
Risk and Compliance
Project Management
Business Development
Technical Operations
Finance
Human Resources
Contract Administration
Relevant Roles
Legal Counsel
Contract Manager
Project Manager
Procurement Manager
Business Development Manager
Operations Director
Technical Director
Chief Executive Officer
Chief Operating Officer
Risk Manager
Compliance Officer
Commercial Manager
Contractor
Freelancer
Consultant
Department Head
Managing Director
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