Sales And Service Agreement Template for Austria

This Sales and Service Agreement template is designed for use in the Austrian market where a supplier provides both products and related services to a customer. It is particularly suitable for situations where the sale of goods is accompanied by installation, maintenance, support, or other ongoing services. The agreement incorporates requirements from Austrian law, including the Austrian Civil Code (ABGB) and Commercial Code (UGB), and addresses specific Austrian legal considerations regarding warranty periods, liability limitations, and service level commitments. This template is typically used in business-to-business transactions where the supplier has ongoing obligations beyond the initial sale, such as maintenance services, technical support, or training. The agreement structure allows for customization based on specific product and service combinations while maintaining compliance with Austrian legal requirements.

1. Parties: Identification and details of the contracting parties, including registration numbers and addresses

2. Background: Context of the agreement and business relationship between the parties

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

4. Scope of Supply: Detailed description of products to be supplied and services to be provided

5. Ordering Process: Procedures for placing and accepting orders, including minimum order quantities if applicable

6. Prices and Payment Terms: Pricing structure, payment terms, invoicing procedures, and late payment consequences

7. Delivery and Risk: Delivery terms, transfer of risk, and Incoterms where applicable

8. Service Level Requirements: Performance standards, response times, and service quality metrics

9. Warranty: Warranty terms for both products and services, conforming to Austrian warranty law

10. Liability and Indemnification: Limitations of liability and indemnification obligations

11. Intellectual Property Rights: Ownership and usage rights of intellectual property

12. Confidentiality: Protection of confidential information and trade secrets

13. Term and Termination: Duration of agreement and termination provisions

14. Force Majeure: Circumstances excusing performance and related procedures

15. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes

16. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments