This Commercial Contract template is designed for business transactions under Austrian jurisdiction, providing a comprehensive framework for commercial relationships between business entities. It is particularly useful for documenting agreements related to goods, services, or combined transactions, incorporating requirements from both the Austrian Civil Code (ABGB) and Commercial Code (UGB). The document is structured to address various commercial scenarios, from simple supply arrangements to complex service agreements, while ensuring compliance with Austrian commercial law principles and EU regulations. It includes essential provisions for contract formation, performance obligations, risk allocation, and dispute resolution, making it suitable for both domestic and international business transactions within the Austrian legal framework. The template is regularly updated to reflect changes in Austrian commercial law and relevant EU directives.
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1. Parties: Identification of the contracting parties with full legal names, registration numbers, and addresses as required under Austrian law
2. Background: Context of the agreement and business relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement, including both general commercial terms and specific business terminology
4. Subject Matter of the Contract: Clear description of the goods, services, or rights being exchanged or provided
5. Contract Value and Payment Terms: Pricing, payment schedule, currency, and payment methods in compliance with Austrian payment terms regulations
6. Duration and Termination: Contract term, renewal provisions, and termination rights including notice periods as per Austrian law
7. Rights and Obligations: Detailed responsibilities and obligations of each party
8. Warranty and Liability: Warranty provisions and limitation of liability clauses in accordance with Austrian civil code
9. Confidentiality: Provisions for handling confidential information and trade secrets
10. Data Protection: GDPR compliance provisions and data handling requirements
11. Governing Law and Jurisdiction: Specification of Austrian law as governing law and designation of competent courts
12. Notices: Process and requirements for formal communications between parties
13. Execution: Signature blocks and execution requirements including date and place of signing
1. Force Majeure: Include when parties want specific provisions for unforeseeable circumstances preventing contract performance
2. Intellectual Property Rights: Include when the contract involves IP transfer, licensing, or protection
3. Non-Competition: Include when parties want to restrict competitive activities
4. Insurance: Include when specific insurance coverage is required for contract performance
5. Assignment and Subcontracting: Include when transfer of rights or subcontracting needs to be regulated
6. Compliance with Laws: Include when specific regulatory compliance needs to be addressed
7. Change Control: Include when the contract scope or terms may need modification during its term
8. Audit Rights: Include when one party requires rights to audit the other's performance or records
9. Service Levels: Include for service contracts requiring specific performance standards
1. Schedule 1 - Service/Product Specifications: Detailed technical or service specifications
2. Schedule 2 - Pricing Schedule: Detailed pricing structure, rates, and payment terms
3. Schedule 3 - Service Levels and KPIs: Performance metrics and measurement criteria
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and conditions
5. Schedule 5 - Contact Details: Key contact persons and communication protocols
6. Appendix A - Required Forms: Standard forms or templates required for contract operation
7. Appendix B - Technical Requirements: Technical specifications or requirements
8. Appendix C - Compliance Certificates: Required certifications or compliance documentation
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Retail
Technology
Professional Services
Construction
Healthcare
Financial Services
Logistics and Transportation
Energy
Telecommunications
Real Estate
Agriculture
Automotive
Consumer Goods
Industrial Equipment
Relevant Teams
Legal
Procurement
Commercial
Sales
Operations
Finance
Risk Management
Compliance
Business Development
Supply Chain
Contract Administration
Project Management
Relevant Roles
Legal Counsel
Contract Manager
Procurement Manager
Commercial Director
Business Development Manager
Sales Director
Operations Manager
Chief Financial Officer
Risk Manager
Compliance Officer
General Counsel
Managing Director
Project Manager
Supply Chain Manager
Account Executive
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