The Sale and Agreement to Sell document is a vital legal instrument in Austrian commercial and civil transactions, combining elements of both immediate and future sales arrangements. It is primarily used when parties wish to formalize both current sales and future commitments to sell under a single agreement. This document type is particularly relevant when the transfer of goods or property involves multiple stages or conditions that need to be met before final completion. The agreement must comply with Austrian legal requirements, including the ABGB (Civil Code) and UGB (Commercial Code), and may need to address specific regulatory requirements depending on the subject matter of the sale. It's commonly used in both business-to-business and business-to-consumer contexts, though consumer transactions require additional provisions to comply with Austrian consumer protection laws.
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1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and registration details if companies
2. Background: Context of the transaction and relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Subject Matter of Sale: Detailed description of the goods or property being sold, including specifications and quantity
5. Purchase Price: Purchase price, payment terms, payment schedule, and payment method
6. Delivery Terms: Timing, location, and conditions of delivery, including transfer of risk
7. Title and Risk: Terms regarding transfer of ownership and risk in the goods
8. Warranties and Representations: Warranties regarding the goods and general representations by both parties
9. Default and Remedies: Consequences of breach and available remedies under Austrian law
10. Term and Termination: Duration of the agreement and circumstances allowing termination
11. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes
12. Signatures: Execution blocks for all parties
1. Due Diligence: For complex assets or business sales, detailing the buyer's investigation rights and seller's disclosure obligations
2. Conditions Precedent: For transactions requiring certain conditions to be met before completion
3. Intellectual Property Rights: When the sale involves IP assets or licenses
4. Compliance with Laws: For regulated goods or cross-border transactions
5. Insurance: When specific insurance requirements are needed during the sale process
6. Confidentiality: For transactions involving sensitive information or trade secrets
7. Force Majeure: For longer-term agreements or where specific risk allocation is needed
8. Assignment and Transfer: When transfer rights need to be specifically addressed
9. Language: For international transactions, specifying the prevailing language version
1. Schedule 1 - Asset Description: Detailed technical specifications or description of the sale items
2. Schedule 2 - Price Calculation: Detailed breakdown of the purchase price components
3. Schedule 3 - Delivery Schedule: Detailed timeline for delivery if multiple items or phases
4. Schedule 4 - Form of Transfer Documents: Templates for any required transfer documentation
5. Schedule 5 - Pre-Completion Actions: List of actions required before completion
6. Appendix A - Technical Specifications: Detailed technical information about the goods
7. Appendix B - Quality Standards: Applicable quality standards and certifications
Relevant legal definitions
Clauses
Relevant Industries
Retail
Manufacturing
Real Estate
Technology
Industrial
Consumer Goods
Automotive
Agriculture
Construction
Energy
Professional Services
Healthcare
Telecommunications
Transportation
Wholesale
Relevant Teams
Legal
Sales
Procurement
Finance
Operations
Compliance
Risk Management
Business Development
Commercial
Corporate Secretariat
Contract Management
Executive Leadership
Relevant Roles
Legal Counsel
Commercial Director
Sales Manager
Procurement Manager
Business Development Manager
Contract Administrator
Compliance Officer
Risk Manager
Chief Financial Officer
Operations Manager
General Counsel
Managing Director
Corporate Secretary
Finance Director
Sales Director
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