The Sale Agreement (Kaufvertrag) is a fundamental legal document used in Austrian business and commercial transactions for transferring ownership of goods, property, or assets from one party to another. This document type is governed by the Austrian Civil Code (ABGB), particularly sections §1053-1089, and may also fall under the Consumer Protection Act (KSchG) when involving consumers. The agreement is essential for documenting the terms and conditions of the sale, including precise identification of the sale object, purchase price, payment terms, delivery conditions, and warranties. It can be used for various transaction types, from simple consumer purchases to complex commercial deals, and may require notarization for certain transactions (e.g., real estate). The document must comply with Austrian formal requirements and include mandatory provisions depending on the nature of the sale and the parties involved.
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1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and registration numbers for companies
2. Background: Context of the sale and brief description of the transaction
3. Definitions: Definitions of key terms used throughout the agreement
4. Object of Sale: Detailed description of the item(s) being sold, including any relevant specifications or characteristics
5. Purchase Price: Specification of the purchase price, currency, and payment terms
6. Payment Terms: Detailed payment schedule, method of payment, and any conditions attached to payment
7. Transfer of Ownership: Terms and conditions for the transfer of title and possession
8. Warranties: Statutory and additional warranties provided by the seller
9. Delivery: Terms and conditions of delivery, including timing, location, and responsibility for costs
10. Risk Transfer: Specification of when risk transfers from seller to buyer
11. Termination: Conditions under which the agreement can be terminated
12. Governing Law: Confirmation of Austrian law as governing law and jurisdiction
13. Signatures: Execution block for parties' signatures and date
1. Consumer Protection Rights: Required when one party is a consumer, detailing statutory withdrawal rights and information obligations under KSchG
2. Intellectual Property: Needed when the sale involves items with associated IP rights
3. Condition Precedents: Used when the sale is subject to specific conditions being met before completion
4. Tax Provisions: Particularly important for real estate transactions or high-value sales
5. Registration Requirements: Required for real estate sales or other registrable assets
6. Export Controls: Needed when the sale involves cross-border transfer of goods
7. Confidentiality: Optional section for sales involving sensitive information or trade secrets
8. Force Majeure: Optional protection against unforeseen circumstances preventing performance
1. Asset Description Schedule: Detailed technical specifications or description of the sale object
2. Price Schedule: Breakdown of price components and payment schedule if complex
3. Condition Report: Current condition of the sale object, particularly relevant for used items or real estate
4. Required Permits: List of permits or authorizations needed for the sale
5. Encumbrances Schedule: List of any existing encumbrances, particularly relevant for real estate
6. Due Diligence Documents: Relevant certificates, inspection reports, or compliance documents
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Retail
Manufacturing
Technology
Automotive
Consumer Goods
Industrial Equipment
Agriculture
Art and Collectibles
Professional Services
Construction
Energy
Healthcare
Relevant Teams
Legal
Sales
Procurement
Commercial
Finance
Compliance
Risk Management
Business Development
Operations
Real Estate
Contract Administration
Relevant Roles
Legal Counsel
Contract Manager
Sales Director
Procurement Manager
Business Development Manager
Commercial Director
CEO
CFO
Real Estate Agent
Property Manager
Compliance Officer
Risk Manager
General Counsel
Sales Operations Manager
Account Executive
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