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Dealer Sales Contract

Dealer Sales Contract Template for Austria

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Key Requirements PROMPT example:

Dealer Sales Contract

"I need a Dealer Sales Contract for appointing an exclusive dealer to sell our medical devices in Austria and Germany, with specific provisions for maintenance training and after-sales service requirements, to be effective from March 1, 2025."

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Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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
Agreement
Applicable Laws
Authorized Purposes
Business Day
Commencement Date
Confidential Information
Customer
Dealer
Dealer Margin
Delivery Point
Effective Date
End User
Force Majeure Event
Governing Law
Initial Term
Intellectual Property Rights
Manufacturer
Minimum Purchase Requirements
Net Sales
Order
Products
Product Specifications
Purchase Price
Quarter
Recommended Retail Price
Related Entities
Renewal Term
Sales Targets
Supplier
Term
Territory
Trademarks
Training Materials
Warranty Period
Working Hours
Year
Marketing Materials
Quality Standards
Technical Documentation
Service Level Requirements
Reporting Period
Stock Requirements
Competitive Products
Approved Sub-dealers
Commercial Terms
Contractual Year
Distribution Rights
Emergency Orders
Standard Operating Procedures
Value Added Tax
Clauses
Appointment
Territory Rights
Exclusivity
Product Supply
Ordering Process
Delivery Terms
Payment Terms
Pricing
Commission
Performance Requirements
Minimum Purchase Obligations
Marketing Obligations
Training Requirements
Quality Control
Warranty
After-Sales Service
Intellectual Property
Trademark Usage
Confidentiality
Data Protection
Non-Competition
Reporting Requirements
Audit Rights
Insurance
Liability
Indemnification
Term
Termination
Force Majeure
Assignment
Notices
Governing Law
Dispute Resolution
Entire Agreement
Severability
Amendments
Compliance with Laws
Stock Requirements
Customer Support
E-commerce Rights
Return Policy
Relevant Industries

Automotive

Industrial Equipment

Consumer Electronics

Medical Devices

Machinery

Construction Equipment

Agricultural Equipment

Telecommunications Equipment

IT Hardware

Sporting Goods

Luxury Goods

Home Appliances

Fashion and Accessories

Building Materials

Relevant Teams

Legal

Sales

Commercial

Operations

Compliance

Business Development

Distribution

Partner Management

Contract Administration

Executive Leadership

Supply Chain

Channel Management

Relevant Roles

Sales Director

Commercial Director

Business Development Manager

Legal Counsel

Compliance Officer

Chief Commercial Officer

Sales Operations Manager

Territory Manager

Distribution Manager

Contract Manager

Chief Executive Officer

Managing Director

Head of Sales

Head of Distribution

Channel Manager

Partner Manager

General Counsel

Operations Director

Industries
Austrian Civil Code (ABGB - Allgemeines Bürgerliches Gesetzbuch): Fundamental law governing contractual relationships, including basic contract formation, validity, and general obligations between parties
Austrian Commercial Code (UGB - Unternehmensgesetzbuch): Regulates commercial transactions and business relationships between merchants, including specific provisions for commercial contracts
Austrian Commercial Agents Act (HVertrG - Handelsvertretergesetz): While primarily for commercial agents, this law provides important reference points for dealer relationships and distribution contracts
EU Vertical Block Exemption Regulation (VBER): Regulates vertical agreements including distribution agreements, setting rules for territorial restrictions and competitive practices
Austrian Antitrust Act (KartG - Kartellgesetz): Contains competition law provisions that affect distribution agreements, particularly regarding market restrictions and pricing
Austrian Consumer Protection Act (KSchG - Konsumentenschutzgesetz): Relevant if the dealer might sell to consumers, establishing mandatory consumer protection provisions
Data Protection Act (DSG - Datenschutzgesetz): Governs the handling of personal data in business relationships, complementing the EU GDPR
E-Commerce Act (ECG - E-Commerce-Gesetz): Relevant for online sales aspects of dealer contracts and electronic business communications
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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