Sales Agent Contract Template for Austria

The Sales Agent Contract is essential for businesses operating in Austria who wish to expand their sales reach through independent sales representatives. This document is specifically structured to comply with Austrian legislation, particularly the Handelsvertretergesetz (Commercial Agents Act) and related commercial laws. It's typically used when a company (principal) wants to appoint an individual or company to promote and sell their products/services in a defined territory without creating an employment relationship. The contract covers crucial elements including commission structures, territory definitions, performance expectations, and termination provisions, while ensuring compliance with mandatory Austrian legal requirements regarding commercial agency relationships. It's particularly important as it provides clear guidelines for both parties while offering the legal protections mandated by Austrian and EU law.

1. Parties: Identification of the principal and sales agent, including full legal names, registration details, and addresses

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

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Territory: Formal appointment of the agent and definition of the geographical territory

5. Products and Services: Description of products/services the agent is authorized to sell

6. Rights and Obligations of the Agent: Detailed responsibilities including promotion, reporting, and compliance requirements

7. Rights and Obligations of the Principal: Principal's duties including information provision and support

8. Commission Structure: Detailed commission calculations, payment terms, and conditions for earning commission

9. Reporting and Accounting: Requirements for sales reporting, commission statements, and record-keeping

10. Intellectual Property: Usage rights and restrictions regarding principal's trademarks and materials

11. Confidentiality: Protection of confidential information and trade secrets

12. Non-Competition: Restrictions during and after the contract term as per Austrian law

13. Term and Termination: Contract duration, notice periods, and termination grounds

14. Post-Termination Provisions: Obligations after contract end, including compensation claims

15. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement