The Dealer Sales Contract is a crucial commercial agreement used when a manufacturer or supplier wishes to establish a formal distribution relationship with a dealer in Austria. This document is essential for businesses looking to expand their distribution network while maintaining control over how their products are sold and represented in the market. The agreement must comply with Austrian commercial law (UGB), civil code (ABGB), and relevant EU regulations, particularly regarding competition law and vertical agreements. It typically includes detailed provisions on territory rights, performance targets, pricing structures, warranty obligations, and brand representation. The contract is particularly important in regulated industries or where significant investment in the distribution relationship is required, and it helps protect both parties' interests while ensuring compliance with local and EU legal requirements.
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1. Parties: Identification of the supplier/manufacturer and the dealer, including full legal names, registration details, and addresses
2. Background: Context of the agreement, brief description of the parties' businesses, and purpose of the dealer arrangement
3. Definitions: Definitions of key terms used throughout the agreement, including Products, Territory, Intellectual Property Rights, etc.
4. Appointment and Territory: Terms of dealer appointment, territory definition, exclusivity/non-exclusivity provisions
5. Dealer Obligations: Core responsibilities of the dealer including sales targets, marketing requirements, customer service standards
6. Supplier Obligations: Manufacturer's commitments regarding product supply, support, training, and marketing assistance
7. Ordering and Delivery: Procedures for ordering products, delivery terms, acceptance of goods
8. Prices and Payment: Pricing structure, payment terms, invoicing procedures, and price adjustment mechanisms
9. Intellectual Property Rights: Usage rights for trademarks, logos, and other IP, protection obligations
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Duration of agreement, renewal terms, termination rights and procedures
12. Post-Termination: Obligations and rights after contract termination, including handling of inventory
13. General Provisions: Standard legal clauses including governing law, dispute resolution, force majeure
1. E-Commerce Provisions: Include when dealer will sell products online, covering website requirements and online sales policies
2. Data Protection: Detailed GDPR compliance section when significant personal data processing is involved
3. Minimum Purchase Requirements: Include when specific purchase quotas or targets are required
4. After-Sales Service: Include when dealer must provide repair, maintenance, or warranty services
5. Training Requirements: Include when specific staff training or certification is required
6. Marketing and Advertising: Detailed marketing obligations when specific promotional activities are required
7. Insurance Requirements: Include when specific insurance coverage is mandatory
8. Competition Restrictions: Include when non-compete or product exclusivity provisions are needed
1. Schedule 1 - Products: Detailed list of products covered by the agreement, including specifications and prices
2. Schedule 2 - Territory: Detailed description or map of the authorized sales territory
3. Schedule 3 - Minimum Purchase Targets: Specific sales targets and minimum purchase requirements if applicable
4. Schedule 4 - Commission Structure: Detailed pricing and commission calculations
5. Schedule 5 - Technical Requirements: Technical specifications for facilities, equipment, or systems
6. Schedule 6 - Trademark Usage Guidelines: Specific rules for using manufacturer's trademarks and branding
7. Appendix A - Standard Operating Procedures: Detailed operational procedures and requirements
8. Appendix B - Warranty Terms: Standard warranty terms and claims procedures
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