The Commercial Sales Contract serves as the primary legal instrument for documenting and governing the sale of goods between businesses in Austria. This document type is essential when businesses engage in the purchase and sale of commercial goods, whether for single transactions or ongoing supply relationships. The contract must comply with Austrian commercial law requirements, including provisions from the Austrian Commercial Code (UGB) and Civil Code (ABGB), while also considering EU regulations and international trade laws where applicable. The Commercial Sales Contract typically includes comprehensive terms covering product specifications, pricing, delivery arrangements, quality standards, warranties, risk transfer, and dispute resolution mechanisms. It's particularly important for establishing clear rights and obligations, minimizing potential disputes, and ensuring smooth commercial transactions in the Austrian business environment.
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1. Parties: Identification of the seller and buyer with full legal names, registration numbers, and registered addresses
2. Background: Context of the commercial relationship and purpose of the agreement
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the contract
4. Object of Sale: Detailed description of the goods being sold, including quantity and specifications
5. Purchase Price and Payment Terms: Price, currency, payment schedule, and payment methods
6. Delivery Terms: Delivery schedule, location, Incoterms, and transfer of risk
7. Title and Risk: Terms regarding transfer of ownership and risk in the goods
8. Quality and Warranties: Quality standards, warranties, and guarantees provided for the goods
9. Inspection and Acceptance: Procedures for inspecting and accepting the goods
10. Liability and Limitation: Scope of liability and any limitations under Austrian law
11. Force Majeure: Circumstances excusing performance and related procedures
12. Term and Termination: Duration of the agreement and termination rights
13. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction
14. Notices: Process and addresses for formal communications
15. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Intellectual Property Rights: Required when the goods involve patents, trademarks, or other IP rights
2. Confidentiality: Needed when sensitive information will be exchanged during the commercial relationship
3. Export Control: Required for international sales or goods subject to export restrictions
4. Insurance: Needed for high-value goods or when specific insurance requirements exist
5. Training and Support: Required when the goods need installation, maintenance, or user training
6. Data Protection: Necessary when personal data processing is involved in the transaction
7. Bank Guarantee: Optional section for cases requiring additional financial security
8. Compliance with Laws: Detailed compliance obligations when dealing with regulated goods or sectors
1. Schedule 1 - Technical Specifications: Detailed technical specifications of the goods
2. Schedule 2 - Pricing Structure: Detailed pricing information, including any volume discounts or special pricing terms
3. Schedule 3 - Delivery Schedule: Detailed delivery timeline and milestones
4. Schedule 4 - Quality Standards: Specific quality requirements and testing procedures
5. Schedule 5 - Warranty Terms: Detailed warranty terms and claim procedures
6. Appendix A - Form of Purchase Order: Standard form for placing orders under the agreement
7. Appendix B - Acceptance Protocol: Standard form for documenting acceptance of delivered goods
8. Appendix C - After-Sales Service Terms: Details of any after-sales service or maintenance provisions
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