The Wholesale Agreement Contract is a fundamental commercial document used in Austrian business operations to establish and regulate wholesale trading relationships between suppliers and their business customers. This agreement is particularly important in the Austrian market where strict commercial regulations and EU directives must be observed. It covers critical aspects such as product specifications, pricing mechanisms, delivery terms, quality standards, and compliance requirements. The document is structured to comply with the Austrian Commercial Code (UGB) and related regulations while providing flexibility for specific industry requirements. It's essential for businesses engaged in wholesale distribution, particularly those operating across multiple sectors or handling significant transaction volumes. The agreement typically includes detailed schedules for products, pricing, and operational procedures, making it a comprehensive framework for ongoing business relationships.
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1. Parties: Identification of the contracting parties including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Agreement: Details of the wholesale arrangement, including territory and exclusivity provisions
5. Order and Delivery: Process for placing orders, delivery terms, and timeframes
6. Pricing and Payment Terms: Pricing structure, payment terms, invoicing procedures, and late payment consequences
7. Quality Standards: Product quality requirements and compliance with relevant standards
8. Warranties and Representations: Warranties regarding products, business operations, and legal compliance
9. Title and Risk: Transfer of ownership and risk in the products
10. Term and Termination: Duration of agreement and termination provisions
11. Confidentiality: Protection of confidential information and trade secrets
12. Liability and Indemnification: Limitation of liability and indemnification obligations
13. Force Majeure: Provisions for unforeseen circumstances affecting performance
14. Governing Law and Jurisdiction: Austrian law as governing law and jurisdiction for disputes
15. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Product Return Policy: Specific terms for product returns and defect handling, particularly relevant for perishable or specialized goods
2. Marketing and Promotion: Terms regarding marketing activities and brand usage, important for branded products
3. Minimum Purchase Requirements: Minimum order quantities or values, used when establishing exclusive relationships
4. Data Protection: Detailed GDPR compliance provisions, necessary when personal data processing is involved
5. Insurance Requirements: Specific insurance obligations, important for high-value or high-risk products
6. Compliance with Industry Standards: Additional compliance requirements for regulated industries (e.g., food, pharmaceuticals)
7. Electronic Data Interchange: Provisions for electronic ordering systems and data exchange
8. Storage and Handling Requirements: Specific storage conditions and handling procedures for sensitive products
9. Training and Support: Terms regarding product training and technical support, relevant for complex products
10. Territory Restrictions: Detailed territory and sales channel restrictions, important for exclusive distribution arrangements
1. Schedule 1 - Product List: Detailed list of products covered by the agreement, including specifications and prices
2. Schedule 2 - Pricing Structure: Detailed pricing information, including volume discounts and special offers
3. Schedule 3 - Service Levels: Specific service level requirements and performance metrics
4. Schedule 4 - Quality Standards: Detailed quality requirements and testing procedures
5. Schedule 5 - Delivery Terms: Specific delivery requirements, including timing and logistics
6. Schedule 6 - Returns Procedure: Detailed procedure for handling returns and complaints
7. Appendix A - Contact Details: Key contact information for both parties
8. Appendix B - Technical Specifications: Detailed technical requirements and specifications
9. Appendix C - Compliance Certificates: Copies of relevant compliance certificates and licenses
10. Appendix D - Standard Operating Procedures: Detailed operational procedures and requirements
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