The Sales Agreement is a fundamental commercial contract used to formalize the sale and purchase of goods in Austria. This document is essential for businesses and individuals engaging in commercial transactions, whether domestic or international. The agreement must comply with Austrian law, particularly the ABGB (Civil Code) and UGB (Commercial Code), and may also need to consider EU regulations and the CISG for international sales. The document typically includes detailed provisions on the goods being sold, pricing, delivery terms, warranties, and risk transfer. It's particularly important in B2B transactions but can also be adapted for B2C sales, where additional consumer protection provisions apply. The Sales Agreement serves as a comprehensive record of the parties' rights and obligations, helping prevent disputes and providing clarity on key commercial terms.
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1. Parties: Identification and details of the seller and buyer, including registration numbers and addresses
2. Background: Context of the sale and brief description of the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Subject Matter of Sale: Detailed description of the goods being sold, including quantity and specifications
5. Purchase Price: Price, currency, and payment terms including VAT treatment
6. Delivery: Delivery terms, timing, and location, including risk transfer provisions
7. Title Transfer: Terms regarding when and how title passes from seller to buyer
8. Warranties: Seller's warranties regarding the goods and their quality
9. Liability: Extent and limitations of seller's liability
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction
12. Entire Agreement: Integration clause confirming the complete agreement between parties
13. Execution: Signature blocks and execution requirements
1. CISG Exclusion: Section explicitly excluding the application of the UN Convention on Contracts for International Sale of Goods, if desired
2. Retention of Title: Extended clause for cases where title is retained until full payment
3. Intellectual Property: For sales involving goods with IP components
4. Confidentiality: For transactions involving sensitive information exchange
5. Force Majeure: Provisions for unforeseen circumstances preventing performance
6. Insurance: Requirements for insurance during transit or specific coverage
7. Data Protection: GDPR compliance provisions where personal data is processed
8. Export Control: For international sales subject to export restrictions
9. Quality Control: Specific quality standards and inspection procedures
10. After-Sales Service: Terms for maintenance, support, or repair services
1. Schedule 1 - Product Specifications: Detailed technical specifications of the goods
2. Schedule 2 - Pricing Schedule: Detailed breakdown of prices, especially for multiple items
3. Schedule 3 - Delivery Schedule: Detailed delivery timelines and locations for multiple deliveries
4. Schedule 4 - Quality Standards: Specific quality requirements and testing procedures
5. Schedule 5 - Warranty Terms: Detailed warranty conditions and claim procedures
6. Appendix A - Technical Documentation: Product manuals, technical drawings, or other documentation
7. Appendix B - Compliance Certificates: Required regulatory or quality certifications
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Retail
Wholesale
Technology
Consumer Goods
Industrial Equipment
Automotive
Electronics
Food and Beverage
Pharmaceuticals
Construction
Energy
Agriculture
Telecommunications
Software and IT
Relevant Teams
Legal
Commercial
Procurement
Sales
Operations
Compliance
Supply Chain
Business Development
Contract Management
Risk Management
Relevant Roles
Legal Counsel
Commercial Director
Procurement Manager
Sales Manager
Contract Administrator
Business Development Manager
Supply Chain Manager
Operations Manager
Chief Commercial Officer
General Counsel
Compliance Officer
Product Manager
Account Executive
Sales Director
Purchase Officer
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