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Contract Hire Agreement for Austria

Contract Hire Agreement Template for Austria

A Contract Hire Agreement under Austrian law (governed by the ABGB and UGB) is a comprehensive legal document that establishes the terms and conditions for the hiring of assets between a lessor and lessee. The agreement details the asset specifications, payment terms, maintenance responsibilities, insurance requirements, and return conditions. It incorporates specific Austrian legal requirements and consumer protection provisions where applicable, while ensuring compliance with local commercial and civil law frameworks. The document provides clear guidelines for both parties throughout the hire period, from delivery to return of the asset, including provisions for early termination and default remedies.

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What is a Contract Hire Agreement?

The Contract Hire Agreement is essential for businesses and individuals seeking to hire assets without the burden of ownership. This document, governed by Austrian law, particularly the ABGB (Austrian Civil Code) and UGB (Austrian Commercial Code), establishes a clear framework for asset hiring arrangements. It is commonly used for vehicles, equipment, and machinery where long-term hire is preferred over purchase. The agreement covers crucial aspects including asset specifications, payment structures, maintenance obligations, insurance requirements, and return conditions. It provides protection for both lessors and lessees while ensuring compliance with Austrian regulatory requirements. This type of agreement is particularly valuable when organizations need access to assets without capital expenditure, while maintaining flexibility and clear operational guidelines.

What sections should be included in a Contract Hire Agreement?

1. Parties: Identification and details of the lessor and lessee, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement and brief description of the hiring arrangement

3. Definitions: Definitions of key terms used throughout the agreement

4. Asset Description: Detailed description of the hired asset(s) including specifications and condition at delivery

5. Term: Duration of the hire period, including commencement and end dates

6. Payment Terms: Rental payment amounts, payment schedule, deposit requirements, and payment methods

7. Delivery and Acceptance: Terms regarding the delivery of the asset and acceptance procedures

8. Use of Asset: Permitted use, restrictions, and operating conditions of the hired asset

9. Maintenance and Repairs: Responsibilities for maintenance, repairs, and servicing of the asset

10. Insurance Requirements: Insurance obligations of the parties regarding the hired asset

11. Risk and Liability: Allocation of risk and liability between parties

12. Lessee Obligations: General obligations and responsibilities of the lessee

13. Lessor Obligations: General obligations and responsibilities of the lessor

14. Default and Remedies: Events of default and available remedies

15. Termination: Grounds for termination and consequences

16. Return of Asset: Conditions and procedures for returning the asset at the end of the hire period

17. Governing Law: Specification of Austrian law as governing law and jurisdiction

18. Miscellaneous: Standard boilerplate provisions including notices, amendments, and severability

What sections are optional to include in a Contract Hire Agreement?

1. Services: Include when additional services are provided with the hire, such as maintenance packages or operator training

2. Substitution Rights: Include when the lessor has the right to substitute the hired asset with equivalent alternatives

3. Sub-hiring: Include when sub-hiring is permitted, specifying conditions and requirements

4. Purchase Option: Include when the lessee has an option to purchase the asset at the end of the hire period

5. Regulatory Compliance: Include when specific regulatory requirements apply to the hired asset or its use

6. Data Protection: Include when personal data processing is involved in the contract execution

7. Force Majeure: Include when specific force majeure provisions are required beyond standard contract law

8. Environmental Compliance: Include when the asset use has environmental implications or requirements

What schedules should be included in a Contract Hire Agreement?

1. Schedule 1 - Asset Specification: Detailed technical specifications of the hired asset

2. Schedule 2 - Payment Schedule: Detailed breakdown of all payments including dates and amounts

3. Schedule 3 - Maintenance Schedule: Required maintenance intervals and procedures

4. Schedule 4 - Acceptance Protocol: Form for documenting the delivery and acceptance of the asset

5. Schedule 5 - Return Conditions: Detailed specifications for acceptable condition upon return

6. Schedule 6 - Insurance Requirements: Detailed insurance specifications and coverage requirements

7. Appendix A - Service Level Agreement: If applicable, details of service levels and performance metrics

8. Appendix B - Operating Instructions: If applicable, specific instructions for asset operation and maintenance

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Austria

Publisher

Ƶ

Document Type

Employment Contract

Cost

Free to use
Relevant legal definitions
















































Clauses



































Relevant Industries

Automotive

Construction

Manufacturing

Transportation and Logistics

Agriculture

Information Technology

Healthcare

Industrial Equipment

Office Equipment

Energy

Mining

Retail

Relevant Teams

Legal

Procurement

Finance

Operations

Risk Management

Compliance

Fleet Management

Asset Management

Treasury

Facilities Management

Relevant Roles

Fleet Manager

Procurement Manager

Operations Director

Financial Controller

Legal Counsel

Risk Manager

Asset Manager

Commercial Director

Contracts Manager

Facilities Manager

Chief Financial Officer

Operations Manager

Compliance Officer

Treasury Manager

Equipment Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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