The Product Development Contract is essential for any business engagement involving the creation of new products under Austrian jurisdiction. It serves as the primary legal framework governing the relationship between a client and a developer, whether for software, hardware, or hybrid solutions. This contract type is particularly important in Austria's innovative technology and manufacturing sectors, where it must comply with both Austrian civil law (ABGB) and commercial code (UGB) requirements. The document typically includes comprehensive provisions for intellectual property rights, development milestones, acceptance testing, and quality standards. It should be used whenever a company commissions the development of a new product, requiring detailed specification of deliverables, timelines, and technical requirements while ensuring protection of both parties' interests under Austrian law.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and general purpose of the product development
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Development: Detailed description of the product to be developed and development services
5. Project Timeline and Milestones: Development phases, deadlines, and key milestone dates
6. Development Fees and Payment Terms: Pricing, payment schedule, and invoicing requirements
7. Intellectual Property Rights: Ownership and licensing of pre-existing and newly developed IP
8. Acceptance Testing: Testing procedures, acceptance criteria, and remedy of defects
9. Warranties and Quality Standards: Quality requirements, warranties regarding the development work
10. Confidentiality: Protection of confidential information and trade secrets
11. Liability and Indemnification: Limitation of liability and indemnification obligations
12. Term and Termination: Duration, renewal, and termination provisions
13. Force Majeure: Handling of events beyond parties' reasonable control
14. Governing Law and Dispute Resolution: Applicable law and dispute resolution mechanisms
15. General Provisions: Standard boilerplate clauses including notices, amendments, etc.
1. Third-Party Contractors: Required when subcontractors or third-party developers are involved in the development process
2. Software Development Specifications: Needed when the product includes software components
3. Manufacturing Requirements: Include when the developer is also responsible for manufacturing or production
4. Data Protection: Required when personal data processing is involved in development or final product
5. Exclusivity Provisions: Include when exclusive development rights or territory restrictions apply
6. Training and Documentation: Needed when developer must provide training or detailed documentation
7. Post-Development Support: Include when ongoing maintenance or support is part of the agreement
8. Export Control: Required when product may be subject to export regulations
9. Insurance Requirements: Include when specific insurance coverage is required for the development
10. Source Code Escrow: Needed for software development projects requiring code safeguarding
1. Technical Specifications: Detailed technical requirements and specifications for the product
2. Project Plan: Detailed timeline, resource allocation, and development methodology
3. Pricing Schedule: Detailed breakdown of fees, costs, and payment milestones
4. Acceptance Test Criteria: Specific criteria and procedures for acceptance testing
5. Quality Standards: Detailed quality requirements and standards to be met
6. Background IP: List of pre-existing intellectual property rights of each party
7. Key Personnel: List of key team members and their roles in the development
8. Service Levels: Performance metrics and service level requirements
9. Change Request Process: Procedures for requesting and implementing changes
10. Security Requirements: Security standards and protocols to be followed
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Software Development
Industrial Design
Consumer Electronics
Automotive
Medical Devices
Aerospace
Telecommunications
Internet of Things
Biotechnology
Clean Energy
Consumer Goods
Chemical Industry
Engineering Services
Relevant Teams
Legal
Research and Development
Product Development
Procurement
Engineering
Quality Assurance
Project Management
Commercial
Technical Operations
Innovation
Intellectual Property
Compliance
Contract Management
Relevant Roles
Chief Technology Officer
Product Manager
Legal Counsel
Procurement Manager
Research and Development Director
Project Manager
Contract Manager
Technical Director
Innovation Manager
Development Engineer
Chief Legal Officer
Head of Product Development
Commercial Director
Intellectual Property Manager
Quality Assurance Manager
Operations Director
Chief Executive Officer
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