The Counter Offer document is essential in Austrian business negotiations when the recipient of an offer wishes to propose alternative terms while maintaining the general intent to contract. Used when the original offer's terms are not entirely acceptable, this document must be drafted in accordance with Austrian Civil Code (ABGB) requirements. It typically includes references to the original offer, clearly stated modifications, and any unchanged terms, serving as a new offer that requires acceptance from the original offeror. The document is particularly important in commercial transactions as it creates legal clarity about proposed changes and helps maintain a clear negotiation trail. Under Austrian law, a Counter Offer effectively terminates the original offer and initiates a new proposal, making it crucial to clearly document all modified terms and conditions.
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Key Requirements PROMPT example:
Counter Offer
"I need to draft a Counter Offer in response to a software development services proposal received on January 15, 2025, modifying the payment schedule and extending the project timeline by three months."
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1. Sender Details: Full name, business name (if applicable), and complete address of the party making the counter offer
2. Date: The date when the counter offer is made (important for legal timing purposes)
3. Recipient Details: Full name, business name (if applicable), and complete address of the original offeror
4. Reference to Original Offer: Clear identification of the original offer including its date and any reference numbers
5. Acknowledgment: Formal acknowledgment of receiving the original offer
6. Counter Offer Statement: Clear statement that this is a counter offer (Gegenangebot)
7. Modified Terms: Detailed specification of the terms being modified from the original offer
8. Unchanged Terms: Reference to which terms from the original offer remain unchanged
9. Time Limit: Specified period for acceptance of the counter offer
10. Closing: Formal closing and signature block
1. Legal Reference: Reference to specific laws or regulations when the counter offer is made based on specific legal requirements
2. Reasoning: Explanation of why the modifications are being proposed, used when justification would help negotiations
3. Alternative Proposals: Additional alternative terms that could be considered, used in complex negotiations
4. Confidentiality Statement: Statement about confidentiality of the counter offer, used when dealing with sensitive commercial information
1. Modified Price Schedule: Detailed breakdown of modified pricing terms, if price changes are part of the counter offer
2. Revised Specifications: Technical specifications or scope of work with proposed modifications
3. Comparison Table: Side-by-side comparison of original terms and counter-proposed terms
4. Supporting Documentation: Any relevant documents supporting the modified terms (e.g., technical specifications, market analysis)
Authors
Relevant legal definitions
Clauses
Reference to Original Offer
Modified Terms
Price Adjustment
Payment Terms
Delivery Terms
Performance Schedule
Specifications
Acceptance Period
Governing Law
Communication
Validity Period
Terms and Conditions
Subject Matter
Quantity
Quality Standards
Warranty Terms
Performance Requirements
Time of Performance
Place of Performance
Method of Acceptance
Modified Terms
Price Adjustment
Payment Terms
Delivery Terms
Performance Schedule
Specifications
Acceptance Period
Governing Law
Communication
Validity Period
Terms and Conditions
Subject Matter
Quantity
Quality Standards
Warranty Terms
Performance Requirements
Time of Performance
Place of Performance
Method of Acceptance
Relevant Industries
Manufacturing
Retail
Construction
Information Technology
Professional Services
Financial Services
Real Estate
Healthcare
Energy
Telecommunications
Transportation and Logistics
Agriculture
Wholesale Trade
Education
Hospitality
Relevant Teams
Legal
Procurement
Sales
Commercial
Finance
Operations
Business Development
Contract Management
Risk Management
Supply Chain
Relevant Roles
Procurement Manager
Sales Director
Contract Manager
Legal Counsel
Business Development Manager
Commercial Director
Chief Financial Officer
Purchase Officer
Sales Executive
General Manager
Operations Manager
Project Manager
Supply Chain Manager
Account Manager
Risk Manager
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