The Delivery Contract (Liefervertrag) is a fundamental commercial agreement used in Austrian business practice for establishing a structured framework for the supply and delivery of goods. This document is essential when parties need to formalize their supply relationship, whether for one-time deliveries or ongoing supply arrangements. It should be used whenever there is a need to clearly define delivery obligations, quality requirements, risk transfer points, and warranty terms under Austrian law. The contract ensures compliance with the Austrian Civil Code (ABGB), Commercial Code (UGB), and relevant EU regulations, while also accommodating international trade aspects when applicable. It's particularly important for businesses engaged in regular supply relationships, requiring detailed specifications of delivery terms, quality standards, and risk allocation.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and general purpose
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Subject Matter of Contract: Description of goods to be delivered and basic obligations
5. Delivery Terms: Detailed provisions about delivery time, location, and conditions
6. Price and Payment Terms: Pricing, payment schedule, and payment methods
7. Quality Requirements: Specifications and quality standards for the goods
8. Transfer of Risk and Title: Provisions regarding when risk and ownership transfer to the buyer
9. Warranty and Liability: Warranty terms and liability limitations in accordance with Austrian law
10. Force Majeure: Provisions for unforeseen circumstances affecting contract performance
11. Term and Termination: Duration of contract and termination conditions
12. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction
13. Miscellaneous: Standard legal provisions including severability and entire agreement
1. International Trade Terms: Include when dealing with international deliveries, specifying Incoterms
2. Insurance: Include when specific insurance requirements are needed for high-value or risky deliveries
3. Intellectual Property Rights: Include when delivered goods involve IP rights or licensed technology
4. Confidentiality: Include when sensitive information will be exchanged during contract performance
5. Data Protection: Include when personal data processing is involved in the delivery process
6. Compliance with Laws: Include when dealing with regulated goods or special compliance requirements
7. Bank Guarantee: Include when payment security or performance guarantee is required
8. Packaging and Transportation: Include when specific packaging or transportation requirements exist
1. Schedule 1 - Product Specifications: Detailed technical specifications of the goods to be delivered
2. Schedule 2 - Pricing Schedule: Detailed breakdown of prices, including any volume discounts or price adjustment mechanisms
3. Schedule 3 - Delivery Schedule: Detailed timeline for deliveries, especially for multiple delivery contracts
4. Schedule 4 - Quality Standards: Specific quality requirements, testing procedures, and acceptance criteria
5. Schedule 5 - Service Level Agreement: Performance metrics and standards for delivery service, if applicable
6. Appendix A - Technical Documentation: Required technical documents, certifications, or compliance documents
7. Appendix B - Forms and Procedures: Standard forms for ordering, delivery acceptance, and claims
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Retail
Wholesale Trade
Logistics and Transportation
Food and Beverage
Electronics
Automotive
Chemical Industry
Pharmaceutical
Construction Materials
Industrial Equipment
Consumer Goods
Agriculture
Energy
Relevant Teams
Legal
Procurement
Supply Chain
Operations
Logistics
Quality Assurance
Sales
Compliance
Risk Management
Finance
Commercial Operations
Relevant Roles
Procurement Manager
Supply Chain Director
Legal Counsel
Commercial Director
Logistics Manager
Contract Manager
Operations Director
Quality Assurance Manager
Sales Manager
Compliance Officer
Risk Manager
Chief Operating Officer
Purchase Officer
Supply Chain Analyst
Business Development Manager
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