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Commercial Supply Agreement

Commercial Supply Agreement Template for Austria

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Key Requirements PROMPT example:

Commercial Supply Agreement

"I need a Commercial Supply Agreement for our Austrian manufacturing company to supply automotive parts to a German car manufacturer, starting March 2025, with strict quality control requirements and quarterly performance reviews."

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Document background
The Commercial Supply Agreement is a fundamental business document used to formalize and govern the ongoing supply relationship between commercial parties under Austrian law. It is particularly relevant when establishing regular or continuous supply arrangements for goods or materials between businesses. The agreement should comply with Austrian commercial law requirements, including the UGB (Unternehmensgesetzbuch) and ABGB (Allgemeines bürgerliches Gesetzbuch), while also considering EU regulations where applicable. This document typically includes detailed provisions on ordering processes, delivery terms, quality standards, price adjustments, and risk allocation. It's essential for businesses engaging in regular supply transactions in Austria or choosing Austrian law as their governing law, providing legal certainty and clear operational framework for both suppliers and purchasers.
Suggested Sections

1. Parties: Identification and details of the supplier and purchaser, including registration numbers and addresses

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation

4. Supply Obligations: Core obligations of the supplier regarding the products, including quantities, specifications, and quality standards

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

6. Delivery Terms: Delivery obligations, Incoterms, timing, and packaging requirements

7. Price and Payment: Pricing structure, payment terms, invoicing procedures, and any price adjustment mechanisms

8. Quality Requirements: Product quality standards, testing procedures, and acceptance criteria

9. Title and Risk: Transfer of ownership and risk in the products

10. Warranties: Product warranties and quality guarantees provided by the supplier

11. Liability and Indemnification: Allocation of risks and responsibilities between parties, including liability caps and indemnities

12. Term and Termination: Duration of the agreement and grounds for termination

13. Force Majeure: Events excusing performance and procedures for handling force majeure situations

14. Confidentiality: Protection of confidential information exchanged during the business relationship

15. Governing Law and Jurisdiction: Choice of Austrian law and jurisdiction for dispute resolution

16. General Provisions: Standard boilerplate clauses including notices, amendments, and entire agreement

Optional Sections

1. Minimum Purchase Commitments: Used when the purchaser commits to minimum purchase volumes, including take-or-pay obligations

2. Exclusivity: Required when either party is granted exclusive rights in certain territories or for certain products

3. Intellectual Property Rights: Necessary when the supply involves licensed products or technology transfer

4. Compliance with Laws: Detailed compliance obligations when dealing with regulated products or markets

5. Data Protection: Required when personal data processing is involved in the supply relationship

6. Insurance: Specific insurance requirements beyond standard coverage

7. Change Control: Formal procedures for managing changes to specifications or processes

8. Business Continuity: Required for critical supply relationships needing disaster recovery plans

9. Environmental Compliance: Necessary for products with environmental impact or sustainability requirements

10. Anti-Corruption: Detailed provisions for compliance with anti-corruption laws in international trade

Suggested Schedules

1. Product Specifications: Detailed technical specifications of the products being supplied

2. Pricing Schedule: Detailed pricing information, including any volume discounts or special pricing arrangements

3. Service Levels: Specific performance metrics and service level requirements

4. Quality Control Procedures: Detailed quality control and testing procedures

5. Delivery Locations: List of approved delivery locations and specific delivery requirements

6. Key Contacts: Contact details for key personnel from both parties

7. Form of Purchase Order: Standard form of purchase order to be used

8. Technical Requirements: Detailed technical requirements and standards for the products

9. Compliance Certificates: Required compliance certificates and documentation

10. Exit Plan: Procedures for managing the end of the supply relationship

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
Acceptance
Affiliate
Agreement
Business Day
Commencement Date
Confidential Information
Contract Year
Defective Products
Delivery Date
Delivery Location
Delivery Terms
Force Majeure Event
Good Industry Practice
Incoterms
Initial Term
Intellectual Property Rights
Liability
Minimum Order Quantity
Order
Products
Product Specifications
Purchase Order
Quality Standards
Quarter
Renewal Term
Representatives
Service Levels
Specifications
Supplier Facilities
Supply Period
Term
Territory
Third Party
Working Hours
Quality Control Procedures
Recall
Regulatory Requirements
Safety Stock
Standard Operating Procedures
Technical Documentation
Unit Price
Warranty Period
Working Day
Clauses
Definitions
Supply Obligations
Ordering Process
Delivery
Price and Payment
Quality Requirements
Product Specifications
Title and Risk
Warranties
Liability
Indemnification
Force Majeure
Term and Duration
Termination
Confidentiality
Intellectual Property
Data Protection
Compliance with Laws
Product Safety
Insurance
Audit Rights
Record Keeping
Assignment and Subcontracting
Change Control
Dispute Resolution
Governing Law
Notices
Entire Agreement
Severability
Third Party Rights
Waiver
Variation
Anti-Corruption
Export Control
Product Recall
Business Continuity
Environmental Compliance
Health and Safety
Quality Assurance
Performance Review
Exclusivity
Non-Competition
Minimum Purchase Obligations
Price Adjustment
Storage and Handling
Returns and Rejections
Emergency Supply
Key Performance Indicators
Relationship Management
Relevant Industries

Manufacturing

Retail

Wholesale Trade

Automotive

Electronics

Food and Beverage

Chemical Industry

Pharmaceuticals

Industrial Equipment

Consumer Goods

Technology

Telecommunications

Construction Materials

Textiles

Energy

Agricultural Products

Relevant Teams

Legal

Procurement

Supply Chain

Operations

Commercial

Sales

Quality Assurance

Logistics

Finance

Risk Management

Compliance

Business Development

Relevant Roles

Procurement Manager

Supply Chain Director

Commercial Director

Legal Counsel

Contract Manager

Operations Manager

Purchasing Officer

Sales Director

Business Development Manager

Quality Assurance Manager

Logistics Manager

Chief Operating Officer

Vendor Manager

Category Manager

Supply Chain Analyst

Commercial Contracts Manager

Industries
Austrian Civil Code (ABGB): Forms the basis of Austrian private law and contains fundamental principles of contract law, including formation, performance, and remedies for breach
Austrian Commercial Code (UGB): Governs commercial transactions between businesses, including specific provisions for commercial contracts and business relationships
UN Convention on Contracts for the International Sale of Goods (CISG): International sales law that automatically applies to cross-border sales contracts unless explicitly excluded, providing uniform rules for commercial goods sales
Austrian Product Liability Act (PHG): Regulates liability for defective products and defines obligations of manufacturers and suppliers
Late Payment Act (ZVG): Implements EU Late Payment Directive, regulating payment terms and consequences of late payment in commercial transactions
General Civil Code provisions on General Terms and Conditions: Sections 864a and 879 ABGB governing the incorporation and validity of general terms and conditions in contracts
EU General Data Protection Regulation (GDPR): Relevant if the supply agreement involves processing of personal data or requires data sharing between parties
Austrian Unfair Competition Act (UWG): Regulates unfair business practices and contains provisions relevant to commercial relationships and market behavior
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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