The General Liability Form serves as a foundational document for businesses and individuals operating within the Austrian legal framework. This document is essential when parties need to clearly define their liability obligations, limitations, and risk allocation in business relationships. The form is structured to comply with Austrian Civil Code (ABGB) requirements, incorporating necessary provisions for both standard and specific liability scenarios. It's particularly valuable for businesses seeking to establish clear liability boundaries while ensuring compliance with Austrian and EU regulations. The General Liability Form can be customized for various business contexts while maintaining its core purpose of risk management and legal protection within Austrian jurisdiction.
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1. Parties: Identification of all parties involved, including full legal names, addresses, and registration numbers for companies
2. Background: Context of the liability arrangement and the relationship between the parties
3. Definitions: Clear definitions of key terms used throughout the document, particularly technical or legal terms
4. Scope of Liability: Detailed description of the activities, services, or circumstances covered by the liability arrangement
5. Liability Provisions: Core terms defining the extent and nature of liability, including any statutory references to ABGB provisions
6. Exclusions and Limitations: Specific exclusions and limitations of liability, ensuring compliance with Austrian law restrictions on liability limitations
7. Indemnification: Terms regarding mutual or unilateral indemnification obligations
8. Insurance Requirements: Mandatory insurance coverage requirements and minimum coverage amounts
9. Force Majeure: Circumstances under which liability may be excused due to events beyond reasonable control
10. Notice Requirements: Procedures and timeframes for providing notice of claims or incidents
11. Dispute Resolution: Procedures for handling disputes, including jurisdiction and applicable law references
12. Term and Termination: Duration of the liability arrangement and conditions for termination
13. Governing Law: Explicit statement of Austrian law as governing law and jurisdiction
1. Data Protection: Required when personal data processing is involved, ensuring GDPR compliance
2. Product-Specific Liability: Include when the liability relates to specific products, incorporating PHG requirements
3. Environmental Liability: Add when activities may have environmental impacts
4. Intellectual Property: Include when liability might involve IP rights or infringement
5. Cross-Border Provisions: Required when liability extends beyond Austrian jurisdiction
6. Consumer Protection Provisions: Include when one party is a consumer, incorporating KSchG requirements
7. Digital Services Provisions: Add when liability involves online services or digital content
8. Professional Services Liability: Include for professional services providers with specific liability considerations
1. Schedule A - Insurance Specifications: Detailed insurance requirements, including types of coverage and minimum amounts
2. Schedule B - Claim Procedures: Detailed procedures for making and processing claims
3. Schedule C - Risk Assessment: Analysis of specific risks covered and their categorization
4. Schedule D - Incident Reporting Forms: Standard forms for reporting incidents or potential claims
5. Appendix 1 - Defined Activities: Detailed description of activities covered under the liability arrangement
6. Appendix 2 - Excluded Risks: Comprehensive list of specifically excluded risks or circumstances
7. Appendix 3 - Contact Information: Detailed contact information for notices and claims handling
8. Appendix 4 - Compliance Checklist: Checklist of regulatory compliance requirements and verifications
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