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Commercial Sale Contract

Commercial Sale Contract Template for Austria

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Key Requirements PROMPT example:

Commercial Sale Contract

"I need an Austrian Commercial Sale Contract for selling industrial machinery worth €500,000 to a German manufacturer, with quarterly deliveries starting March 2025 and including installation services and warranty terms."

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Document background
The Commercial Sale Contract is a fundamental legal instrument used in Austrian business transactions for the sale and purchase of goods between commercial entities. This document is essential when businesses engage in significant sales transactions that require formal documentation and legal protection under Austrian law. It is particularly relevant for transactions where detailed specifications, delivery terms, and warranty provisions need to be clearly defined. The contract incorporates requirements from the Austrian Civil Code (ABGB) and Commercial Code (UGB), while also considering EU regulations and international trade practices. This type of contract is commonly used in both domestic Austrian transactions and cross-border sales where Austrian law is chosen as the governing law. The document typically includes comprehensive provisions on product specifications, quality requirements, payment terms, delivery conditions, and risk allocation, making it suitable for complex commercial transactions requiring detailed documentation.
Suggested Sections

1. Parties: Identification of the seller and buyer with full legal names, 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. Object of Sale: Detailed description of the goods being sold, including quantity, quality, and specifications

5. Purchase Price: Price, currency, and payment terms including VAT treatment

6. Delivery Terms: Delivery conditions, timing, and transfer of risk (typically referencing Incoterms)

7. Transfer of Title: Conditions for transfer of ownership and retention of title provisions

8. Warranties: Statutory and contractual warranties regarding the goods

9. Liability: Scope of liability and any limitations under Austrian law

10. Force Majeure: Circumstances excusing performance and their consequences

11. Term and Termination: Duration of the agreement and termination rights

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

13. Miscellaneous: Standard provisions including severability, entire agreement, and amendments

Optional Sections

1. CISG Exclusion: Section explicitly excluding the application of the UN Convention on Contracts for the International Sale of Goods, if desired

2. Intellectual Property Rights: Required when the goods involve IP rights or licenses

3. Confidentiality: Needed when sensitive information is exchanged during the transaction

4. Export Control: Required when goods are subject to export restrictions or international trade regulations

5. Quality Assurance: Detailed quality requirements and testing procedures for specific industries

6. Installation and Training: Needed when the sale includes installation services or training requirements

7. Maintenance and After-Sales Service: For goods requiring ongoing maintenance or support

8. Insurance: Specific insurance requirements beyond standard delivery terms

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

Suggested Schedules

1. Technical Specifications: Detailed technical description of the goods

2. Price List: Detailed pricing information, especially for multiple items or variable pricing

3. Delivery Schedule: Specific delivery dates and locations for multiple deliveries

4. Quality Standards: Applicable quality standards and testing procedures

5. Warranty Certificate: Detailed warranty terms and procedures

6. Service Level Agreement: Details of any associated services and performance standards

7. Acceptance Protocol: Procedures and criteria for acceptance testing of goods

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
Clauses
Parties and Recitals
Definitions
Subject Matter of Sale
Purchase Price
Payment Terms
Delivery
Transfer of Title
Transfer of Risk
Quality Requirements
Product Specifications
Warranties
Liability
Indemnification
Force Majeure
Intellectual Property
Confidentiality
Data Protection
Insurance
Export Control
Documentation
Inspection and Testing
Acceptance
Term and Duration
Termination
Assignment
Subcontracting
Notices
Waiver
Severability
Entire Agreement
Amendment
Third Party Rights
Compliance with Laws
Dispute Resolution
Governing Law
Jurisdiction
Relevant Industries

Manufacturing

Wholesale Trade

Retail

Technology and Software

Industrial Equipment

Automotive

Consumer Goods

Electronics

Chemical and Materials

Food and Beverage

Pharmaceutical

Construction Materials

Agricultural Products

Energy and Utilities

Machinery and Equipment

Relevant Teams

Legal

Procurement

Sales

Commercial Operations

Supply Chain

Finance

Compliance

Business Development

Risk Management

Operations

Contract Administration

Relevant Roles

Commercial Director

Procurement Manager

Sales Manager

Legal Counsel

Contract Manager

Business Development Manager

Supply Chain Manager

Chief Commercial Officer

Operations Manager

Finance Manager

Compliance Officer

Product Manager

Account Executive

Chief Legal Officer

Risk Manager

Industries
Austrian Civil Code (ABGB - Allgemeines Bürgerliches Gesetzbuch): The fundamental source of Austrian private law, containing basic provisions on contract formation, performance, and remedies
Austrian Commercial Code (UGB - Unternehmensgesetzbuch): Contains specific provisions for commercial transactions between businesses, including special rules for commercial sales
UN Convention on Contracts for the International Sale of Goods (CISG): International sales law that automatically applies to commercial sales contracts between parties from different contracting states (unless explicitly excluded)
Austrian Consumer Protection Act (KSchG - Konsumentenschutzgesetz): Relevant if one party is a consumer, providing additional protective measures and requirements
Austrian E-Commerce Act (ECG - E-Commerce-Gesetz): Applicable if the contract is concluded electronically, setting requirements for electronic business transactions
Product Liability Act (PHG - Produkthaftungsgesetz): Regulates liability for defective products and related damages
EU Regulation 593/2008 (Rome I): Determines the applicable law in contractual obligations in civil and commercial matters within the EU
Austrian General Law of Administrative Procedure (AVG): May be relevant for regulatory compliance and administrative procedures related to certain types of commercial sales
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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