The Sales Contract serves as a legally binding agreement under Austrian law for the sale and purchase of goods between parties. It is essential for documenting commercial transactions, whether for single purchases or ongoing supply arrangements. This document should be used whenever there is a need to formalize the terms of a sale, particularly for significant transactions or where detailed terms regarding delivery, payment, or warranties are required. The contract incorporates provisions from the Austrian Civil Code (ABGB) and Commercial Code (UGB), ensuring compliance with mandatory legal requirements. For international transactions, it can be adapted to address cross-border considerations, including optional exclusion of the CISG. The document is particularly important for establishing clear rights and obligations, risk allocation, and dispute resolution mechanisms.
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1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and registration numbers if applicable
2. Background: Context of the sale and brief description of the parties' intent to enter into the sales transaction
3. Definitions: Definitions of key terms used throughout the contract
4. Subject Matter of Sale: Detailed description of the goods being sold, including quantity, quality, and specifications
5. Purchase Price: The agreed price, currency, and payment terms including payment schedule and method
6. Delivery: Terms of delivery including time, place, and method of delivery, transfer of risk
7. Transfer of Title: Conditions and timing for the transfer of ownership of the goods
8. Warranties and Representations: Seller's warranties regarding the goods and any representations made by both parties
9. Defects and Warranty Claims: Process for handling defective goods and warranty claims in accordance with Austrian law
10. Termination: Circumstances under which the contract can be terminated and the consequences of termination
11. Governing Law and Jurisdiction: Confirmation of Austrian law as governing law and jurisdiction for disputes
12. Miscellaneous: Standard provisions including severability, entire agreement, and amendments
1. CISG Exclusion: Section explicitly excluding the application of the UN Convention on Contracts for the International Sale of Goods (recommended for international sales where CISG should not apply)
2. Retention of Title: Extended provisions regarding retention of title until full payment, particularly important for credit sales
3. Quality Control and Inspection: Detailed procedures for quality control and inspection of goods, particularly relevant for industrial or complex goods
4. Force Majeure: Provisions dealing with circumstances beyond parties' control, particularly relevant for long-term supply contracts
5. Confidentiality: Provisions protecting confidential information, relevant when sensitive information is exchanged
6. Insurance: Requirements for insurance coverage during transport or storage, particularly for high-value goods
7. Intellectual Property Rights: Provisions regarding IP rights in the goods, relevant for technical products or branded goods
8. Export Control: Provisions regarding export regulations and compliance, necessary for international sales
1. Technical Specifications: Detailed technical specifications of the goods
2. Delivery Schedule: Detailed timeline for delivery, particularly for multiple deliveries or complex logistics
3. Price List: Detailed pricing information, particularly for multiple items or variable pricing
4. Quality Standards: Specific quality standards and testing procedures
5. Warranty Terms: Detailed warranty terms and conditions
6. Payment Schedule: Detailed payment terms and installments if applicable
Relevant legal definitions
Clauses
Relevant Industries
Retail
Manufacturing
Wholesale Trade
Technology
Consumer Goods
Industrial Equipment
Automotive
Electronics
Food and Beverage
Construction
Agriculture
Pharmaceutical
Textiles
Energy
Raw Materials
Relevant Teams
Legal
Sales
Procurement
Commercial
Operations
Compliance
Supply Chain
Business Development
Contract Management
Risk Management
Relevant Roles
Sales Manager
Procurement Manager
Legal Counsel
Contract Manager
Commercial Director
Business Development Manager
Supply Chain Manager
Chief Commercial Officer
Operations Manager
Account Executive
Purchasing Officer
Compliance Officer
General Counsel
Sales Director
Chief Executive Officer
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