Counter Offer Template for Austria

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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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What is a Counter Offer?

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.

What sections should be included in a Counter Offer?

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

What sections are optional to include in a Counter Offer?

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

What schedules should be included in a Counter Offer?

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

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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