The Auto Consignment Agreement is utilized when a vehicle owner wishes to sell their vehicle through a professional dealership while retaining ownership until sale. This document, governed by Austrian law, establishes the legal framework for the consignment relationship, defining the dealer's authority to market and sell the vehicle, the agreed commission structure, and both parties' obligations. It's particularly relevant for high-value vehicles, classic cars, or situations where owners prefer professional handling of the sale process. The agreement incorporates requirements from Austrian vehicle trading regulations, consumer protection laws, and commercial codes, ensuring compliance with local legal requirements while protecting both parties' interests. Key components include vehicle valuation, insurance requirements, marketing permissions, and sale proceed handling.
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1. Parties: Identification of the vehicle owner (consignor) and the dealer (consignee) with full legal names and addresses
2. Background: Context of the agreement, including the owner's desire to sell the vehicle through the dealer's services
3. Definitions: Key terms used throughout the agreement, including 'Vehicle', 'Consignment Period', 'Sale Price', 'Commission', etc.
4. Vehicle Details: Comprehensive description of the vehicle including make, model, year, VIN, registration number, and current condition
5. Appointment and Authority: Scope of dealer's authority to display, market, and sell the vehicle on owner's behalf
6. Consignment Period: Duration of the consignment arrangement, including start date and termination provisions
7. Pricing and Commission: Agreed minimum sale price, commission structure, and payment terms
8. Dealer's Obligations: Responsibilities including vehicle storage, maintenance, marketing, and handling potential buyers
9. Owner's Obligations: Requirements for vehicle documentation, disclosure of defects, and cooperation during sale process
10. Title and Risk: Provisions regarding vehicle ownership, transfer of title, and risk allocation during consignment
11. Insurance and Liability: Insurance requirements and allocation of liability for damage or loss
12. Termination: Circumstances and process for early termination of the agreement
13. Governing Law: Specification of Austrian law as governing law and jurisdiction provisions
1. Consumer Protection Provisions: Additional provisions required when the owner is a consumer under Austrian law
2. International Sales: Additional provisions for potential international buyers, including export documentation requirements
3. Exclusivity: Optional provisions granting exclusive rights to the dealer
4. Marketing Requirements: Specific requirements or restrictions regarding how the vehicle may be advertised
5. Restoration Services: Additional terms if the dealer will provide restoration or repair services
6. Storage Conditions: Specific requirements for vehicle storage if needed (e.g., indoor, climate-controlled)
7. Test Drive Protocol: Specific procedures and insurance requirements for test drives
1. Vehicle Condition Report: Detailed inspection report documenting the vehicle's condition at consignment
2. Vehicle Documentation: List of all vehicle papers, certificates, and historical documentation
3. Pricing Schedule: Detailed breakdown of pricing strategy, commission rates, and additional fees
4. Insurance Certificates: Copies of relevant insurance policies and certificates
5. Marketing Plan: Optional schedule detailing agreed marketing strategy and channels
6. Service History: Detailed record of vehicle maintenance and repairs
7. Photography Schedule: Comprehensive photographs documenting vehicle condition at consignment
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