The Sales Contract Form is a standardized template designed for use in Austrian commercial transactions, providing a comprehensive framework for both domestic and international sales. It is specifically structured to comply with Austrian legal requirements, including the ABGB (Civil Code) and UGB (Commercial Code), while also accounting for EU regulations where applicable. This document is essential for businesses conducting sales transactions in Austria, whether B2B or B2C, and can be customized based on the specific nature of the goods being sold, the parties involved, and the complexity of the transaction. The Sales Contract Form includes provisions for purchase price, delivery terms, warranty obligations, and risk transfer, with optional elements that can be incorporated based on specific transaction requirements. It serves as a crucial tool for establishing clear, legally compliant terms while protecting the interests of all parties involved in the sale.
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1. Parties: Identification and details of the seller and buyer, including full legal names, registration numbers (if applicable), and addresses
2. Background: Context of the sale and brief description of the transaction
3. Definitions: Key terms used throughout the contract, ensuring consistent interpretation
4. Subject Matter of Sale: Detailed description of the goods being sold, including quantity, quality, and specifications
5. Purchase Price: Price, currency, payment terms, and payment method
6. Delivery Terms: Delivery method, timeline, location, and transfer of risk (incorporating Incoterms if applicable)
7. Transfer of Title: Conditions and timing for the transfer of ownership
8. Warranties and Representations: Quality guarantees and legal warranties as required under Austrian law
9. Defects and Claims: Process for handling defective goods and making warranty claims
10. Termination: Circumstances under which the contract can be terminated and the consequences
11. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
12. Signatures: Execution blocks for all parties
1. Retention of Title: Used when the seller wants to retain ownership until full payment is received
2. International Shipping Terms: Include when the sale involves cross-border delivery
3. Insurance: Required when specific insurance arrangements need to be detailed
4. Intellectual Property Rights: Include when the goods involve IP rights or licenses
5. Confidentiality: Used when sensitive information is exchanged during the transaction
6. Force Majeure: Include to address circumstances beyond parties' control
7. Assignment: Include when transfer of rights needs to be restricted or permitted
8. GDPR Compliance: Required when personal data processing is involved
9. Export Control: Include for goods subject to export restrictions
1. Product Specifications: Detailed technical specifications of the goods
2. Price List: Detailed breakdown of prices for multiple items or volume-based pricing
3. Delivery Schedule: Timeline for multiple deliveries or complex logistics arrangements
4. Quality Standards: Specific quality requirements and testing procedures
5. Warranty Certificate: Detailed warranty terms and conditions
6. Required Certifications: Copies of necessary product certifications or compliance documents
7. Return Policy: Detailed procedures for returns and refunds
Relevant legal definitions
Clauses
Relevant Industries
Retail
Manufacturing
Wholesale Trade
Consumer Goods
Industrial Equipment
Technology
Automotive
Electronics
Food and Beverage
Textiles
Construction Materials
Medical Equipment
Agricultural Products
Chemical Products
Relevant Teams
Legal
Sales
Procurement
Commercial
Operations
Compliance
Risk Management
Supply Chain
Business Development
Contract Administration
Relevant Roles
Legal Counsel
Sales Manager
Procurement Manager
Commercial Director
Contract Administrator
Business Development Manager
Supply Chain Manager
Operations Manager
Account Executive
Compliance Officer
Chief Commercial Officer
Sales Operations Manager
General Counsel
Risk Manager
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