The Product Agreement Contract is a fundamental commercial document used to establish and regulate product supply relationships between business entities in Austria. It serves as the primary agreement for defining the terms of product supply, purchase, or distribution arrangements, incorporating requirements from Austrian commercial law, including the ABGB and UGB, as well as relevant EU regulations. This contract type is essential when businesses need to formalize arrangements for regular product supply, whether for manufacturing, distribution, or retail purposes. It includes comprehensive provisions covering product specifications, quality standards, delivery terms, pricing structures, and compliance requirements. The document is particularly important in the Austrian context as it must balance local commercial law requirements with EU-wide product regulations and safety standards.
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1. Parties: Identification and details of the contracting parties including registration numbers and addresses
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Product Specifications: Detailed description of the products covered by the agreement
5. Ordering Process: Procedures for placing and accepting orders, including minimum order quantities if applicable
6. Pricing and Payment Terms: Product pricing, payment methods, payment schedules, and related financial terms
7. Delivery and Acceptance: Terms regarding delivery, shipping, inspection, and acceptance of products
8. Quality Requirements: Quality standards, specifications, and compliance requirements for the products
9. Warranties: Product warranties and representations regarding product quality and performance
10. Liability and Indemnification: Allocation of risks and responsibilities between parties, including product liability provisions
11. Term and Termination: Duration of the agreement and conditions for termination
12. Confidentiality: Protection of confidential information exchanged during the business relationship
13. Force Majeure: Provisions for unforeseeable circumstances affecting contract performance
14. Governing Law and Jurisdiction: Confirmation of Austrian law as governing law and jurisdiction for disputes
15. General Provisions: Standard boilerplate clauses including entire agreement, amendments, and notices
1. Intellectual Property Rights: Required when the product involves patents, trademarks, or other IP rights
2. Exclusivity Arrangements: Used when granting exclusive rights for product distribution or sales
3. Marketing and Promotion: Include when parties have specific obligations regarding product marketing
4. Storage and Handling Requirements: Necessary for products requiring special storage or handling conditions
5. Training and Support: Include when supplier must provide product training or technical support
6. Insurance Requirements: Required for high-value or high-risk products
7. Compliance with Export Controls: Necessary for products subject to export regulations
8. Data Protection: Required when personal data processing is involved in product delivery or use
9. Product Recall Procedures: Important for consumer products or safety-critical items
10. Return and Refund Policy: Necessary for retail products or when dealing with consumers
1. Schedule 1 - Product Specifications: Detailed technical specifications and drawings of the products
2. Schedule 2 - Pricing Schedule: Detailed pricing information, including volume discounts and price adjustment mechanisms
3. Schedule 3 - Quality Standards: Specific quality requirements, testing procedures, and acceptance criteria
4. Schedule 4 - Service Level Agreement: Performance metrics and service levels for product support if applicable
5. Schedule 5 - Delivery Locations: List of approved delivery locations and specific delivery requirements
6. Appendix A - Order Form Template: Standard form for placing product orders
7. Appendix B - Product Warranty Certificate: Detailed warranty terms and conditions
8. Appendix C - Compliance Certificates: Required regulatory or quality certifications
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Retail
Distribution
Technology
Consumer Goods
Industrial Equipment
Electronics
Automotive
Chemical
Pharmaceutical
Food and Beverage
Construction Materials
Medical Devices
Telecommunications
Relevant Teams
Legal
Procurement
Commercial
Supply Chain
Operations
Quality Assurance
Sales
Business Development
Compliance
Finance
Product Management
Relevant Roles
Procurement Manager
Commercial Director
Supply Chain Manager
Legal Counsel
Contract Manager
Business Development Manager
Sales Director
Operations Manager
Quality Assurance Manager
Product Manager
Purchasing Officer
Commercial Manager
Compliance Officer
Supply Chain Director
Chief Commercial Officer
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