Document background
The Counter Offer document is essential in Austrian business negotiations when the recipient of an offer wishes to propose alternative terms while maintaining the general intent to contract. Used when the original offer's terms are not entirely acceptable, this document must be drafted in accordance with Austrian Civil Code (ABGB) requirements. It typically includes references to the original offer, clearly stated modifications, and any unchanged terms, serving as a new offer that requires acceptance from the original offeror. The document is particularly important in commercial transactions as it creates legal clarity about proposed changes and helps maintain a clear negotiation trail. Under Austrian law, a Counter Offer effectively terminates the original offer and initiates a new proposal, making it crucial to clearly document all modified terms and conditions.
