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Business Agreement Of Sale

Business Agreement Of Sale Template for Austria

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Key Requirements PROMPT example:

Business Agreement Of Sale

"I need a Business Agreement of Sale for selling industrial manufacturing equipment worth €500,000 to an Austrian buyer, including installation services and a 2-year maintenance agreement, with delivery scheduled for March 2025."

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Document background
The Business Agreement of Sale is a fundamental commercial contract used in Austrian business transactions for the transfer of goods or assets between companies. This document is essential when businesses engage in significant sales transactions that require detailed terms and conditions beyond simple purchase orders. It must comply with Austrian legal requirements, particularly the UGB (Commercial Code) and ABGB (Civil Code), while also considering international trade laws when applicable. The agreement is typically used for substantial B2B transactions where parties need to clearly define their rights and obligations, risk allocation, warranties, and remedies. It can be customized for various industries while maintaining compliance with Austrian commercial law requirements and business practices.
Suggested Sections

1. Parties: Identification and details of the seller and buyer, including registration numbers and addresses

2. Background: Context of the transaction and relationship between the parties

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

4. Subject Matter of Sale: Detailed description of the goods or assets being sold

5. Purchase Price: Price, payment terms, and payment method

6. Delivery: Delivery terms, timing, and transfer of risk according to Austrian law

7. Warranties and Representations: Standard warranties under Austrian law and additional specific warranties

8. Title and Risk: Provisions regarding transfer of title and risk allocation

9. Liability and Indemnification: Scope of liability and indemnification obligations

10. Term and Termination: Duration of agreement and termination provisions

11. Confidentiality: Obligations regarding confidential information

12. Force Majeure: Provisions for unforeseen circumstances and their handling

13. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction

14. Notices: Communication procedures and contact details

15. General Provisions: Standard boilerplate clauses including severability and entire agreement

16. Execution: Signature blocks and execution requirements

Optional Sections

1. Intellectual Property: Required when the sale involves IP rights or licenses

2. Quality Assurance: Needed for goods requiring specific quality standards or certifications

3. Installation and Training: Include when the sale involves complex equipment or systems requiring setup

4. Export Control: Required for international sales or restricted goods

5. Insurance: Include when specific insurance requirements are needed for high-value or high-risk goods

6. After-Sales Service: Include for goods requiring maintenance or ongoing support

7. Data Protection: Required when personal data processing is involved in the transaction

8. Competition Restrictions: Include when limiting future competition or protecting market interests

Suggested Schedules

1. Schedule 1 - Product Specification: Detailed technical specifications of the goods

2. Schedule 2 - Pricing Details: Detailed breakdown of pricing, including any variable components

3. Schedule 3 - Delivery Schedule: Detailed delivery timelines and logistics information

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

5. Schedule 5 - Warranty Terms: Detailed warranty conditions and claim procedures

6. Appendix A - Required Certifications: Copies of necessary certificates and compliance documents

7. Appendix B - Technical Documentation: Operating manuals and technical specifications

8. Appendix C - Service Level Agreement: Details of any associated service commitments

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Law
Business Day
Buyer
Confidential Information
Contract Price
Delivery Date
Delivery Location
Effective Date
Force Majeure Event
Goods
Intellectual Property Rights
Material Adverse Change
Payment Terms
Performance Standards
Purchase Order
Quality Requirements
Related Documents
Seller
Specifications
Technical Documentation
Term
Territory
Trade Terms
Transfer Date
Warranties
Working Hours
Defects
Acceptance Protocol
Inspection Period
Liability Cap
Purchase Price
Quality Standards
Representatives
Shipping Documents
Termination Date
Test Procedures
VAT
Warranty Period
Working Day
Clauses
Interpretation
Definitions
Sale and Purchase
Purchase Price
Payment Terms
Delivery
Title and Risk
Warranties and Representations
Quality Requirements
Inspection and Testing
Defects and Returns
Intellectual Property
Confidentiality
Data Protection
Force Majeure
Liability and Indemnification
Insurance
Term and Duration
Termination
Consequences of Termination
Assignment and Subcontracting
Compliance with Laws
Export Control
Anti-Corruption
Competition Law
Notices
Amendments
Waiver
Severability
Entire Agreement
Third Party Rights
Governing Law
Dispute Resolution
Costs and Expenses
Counterparts
Language
Signatures
Relevant Industries

Manufacturing

Wholesale Trade

Retail

Technology

Industrial Equipment

Automotive

Consumer Goods

Electronics

Chemical Industry

Pharmaceutical

Food and Beverage

Construction

Energy

Telecommunications

Professional Services

Relevant Teams

Legal

Procurement

Sales

Commercial

Finance

Operations

Compliance

Risk Management

Supply Chain

Business Development

Contract Administration

Relevant Roles

Chief Executive Officer

Commercial Director

Procurement Manager

Sales Director

Legal Counsel

Contract Manager

Business Development Manager

Operations Director

Finance Director

Supply Chain Manager

Compliance Officer

Risk Manager

General Counsel

Commercial Lawyer

Chief Financial Officer

Industries
Austrian Civil Code (ABGB - Allgemeines bürgerliches Gesetzbuch): Primary source of Austrian private law, containing fundamental contract law provisions including formation, performance, and remedies
Austrian Commercial Code (UGB - Unternehmensgesetzbuch): Specific provisions for commercial transactions between businesses, including special rules for merchants and commercial contracts
UN Convention on Contracts for the International Sale of Goods (CISG): International sales law that automatically applies to cross-border sales contracts between businesses in contracting states, unless explicitly excluded
Austrian Sales Law (Kaufrecht): Specific provisions governing sales contracts, including warranty rights, transfer of risk, and delivery obligations
General Business Terms Act (AGB-Gesetz): Regulations concerning standard business terms and unfair contract terms, applicable even in B2B contexts
Austrian E-Commerce Act (ECG - E-Commerce-Gesetz): Regulations for electronic business transactions and digital communications in commercial relationships
Austrian Business Code (GewO - Gewerbeordnung): Regulations concerning business operations and commercial activities in Austria
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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