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Whole Sale Contract for Austria

Whole Sale Contract Template for Austria

An Austrian Wholesale Contract is a comprehensive commercial agreement governed by Austrian law, specifically the Austrian Commercial Code (UGB) and Civil Code (ABGB). This document establishes the legal framework for bulk sales transactions between a wholesaler and business buyer, detailing essential terms such as ordering processes, pricing structures, delivery conditions, and quality standards. It incorporates specific Austrian commercial law requirements while ensuring compliance with EU regulations where applicable, particularly in areas of trade, competition, and data protection.

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What is a Whole Sale Contract?

The Whole Sale Contract serves as the primary legal instrument for establishing and governing wholesale trading relationships under Austrian law. It is essential for businesses engaged in bulk sales, distribution, or large-scale supply arrangements within Austria or involving Austrian entities. The document comprehensively addresses commercial aspects including product specifications, ordering mechanisms, pricing structures, delivery terms, and quality requirements. It ensures compliance with Austrian commercial regulations, particularly the UGB (Unternehmensgesetzbuch) and relevant EU directives. This contract type is particularly crucial for businesses seeking to establish clear terms for recurring bulk purchases, maintain consistent supply chains, and manage commercial relationships in accordance with Austrian legal requirements.

What sections should be included in a Whole Sale Contract?

1. Parties: Identification and details of the wholesaler and buyer, including registration numbers and authorized representatives

2. Background: Context of the wholesale relationship and general purpose of the agreement

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Scope of Agreement: Overview of products/services covered and the general nature of the wholesale relationship

5. Ordering Process: Procedures for placing and accepting orders, including minimum order quantities

6. Pricing and Payment Terms: Product pricing, payment methods, payment schedules, and late payment consequences

7. Delivery Terms: Delivery timeframes, shipping terms, transfer of risk, and Incoterms specifications

8. Quality Standards: Product quality requirements, inspection rights, and quality control procedures

9. Warranties: Product warranties and quality guarantees provided by the wholesaler

10. Title and Risk: Transfer of ownership and risk provisions

11. Term and Termination: Duration of agreement and conditions for termination

12. Confidentiality: Protection of confidential information and trade secrets

13. Governing Law and Jurisdiction: Specification of Austrian law application and jurisdiction for disputes

14. General Provisions: Standard boilerplate clauses including force majeure, severability, and entire agreement

What sections are optional to include in a Whole Sale Contract?

1. Exclusivity: Terms for exclusive distribution rights in specific territories (used when exclusive distribution is granted)

2. Marketing and Promotion: Requirements for product marketing and promotion (used when parties share marketing responsibilities)

3. Insurance: Insurance requirements for both parties (used for high-value or high-risk products)

4. Intellectual Property: IP rights and usage terms (used when branded products or licensed materials are involved)

5. Storage Requirements: Specific storage conditions and requirements (used for perishable or sensitive goods)

6. Return Policy: Terms for product returns and handling of defective goods (used for goods with specific return requirements)

7. Data Protection: GDPR compliance and data handling procedures (used when personal data processing is involved)

8. Performance Targets: Minimum purchase quantities or sales targets (used in performance-based agreements)

What schedules should be included in a Whole Sale Contract?

1. Schedule 1 - Product List: Detailed list of products with specifications and prices

2. Schedule 2 - Territory Definition: Geographical areas covered by the agreement

3. Schedule 3 - Service Level Agreement: Detailed service levels and performance metrics

4. Schedule 4 - Quality Standards: Detailed quality requirements and testing procedures

5. Schedule 5 - Delivery Specifications: Detailed delivery terms, timeframes, and procedures

6. Appendix A - Order Form Template: Standard form for placing orders

7. Appendix B - Technical Specifications: Detailed technical requirements for products

8. Appendix C - Price List: Current price list with any volume discounts or special pricing terms

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Austria

Publisher

Ƶ

Document Type

Sales Agreement

Sector

Sales

Cost

Free to use
Relevant legal definitions
































Clauses





































Relevant Industries

Retail

Manufacturing

Consumer Goods

Industrial Equipment

Food and Beverage

Electronics

Automotive

Pharmaceutical

Construction Materials

Textiles and Apparel

Chemical Products

Agricultural Products

Relevant Teams

Legal

Procurement

Sales

Operations

Supply Chain

Commercial

Logistics

Contract Management

Business Development

Trade Compliance

Distribution

Relevant Roles

Procurement Manager

Commercial Director

Supply Chain Manager

Sales Director

Business Development Manager

Operations Manager

Contract Manager

Legal Counsel

Trade Compliance Officer

Logistics Manager

Category Manager

Purchasing Director

Commercial Operations Manager

Chief Commercial Officer

Distribution Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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