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Commercial Agreement for Austria

Commercial Agreement Template for Austria

This is a comprehensive commercial agreement governed by Austrian law, designed to establish and regulate business relationships between commercial entities. The document incorporates essential provisions required under Austrian commercial law (UGB - Unternehmensgesetzbuch) and civil law (ABGB - Allgemeines bürgerliches Gesetzbuch), ensuring compliance with both domestic and applicable EU regulations. It provides a robust framework for commercial transactions, including detailed terms for obligations, performance requirements, payment terms, liability provisions, and dispute resolution mechanisms specific to the Austrian legal context.

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Commercial Agreement

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What is a Commercial Agreement?

This Commercial Agreement template is specifically designed for use in business-to-business transactions under Austrian law. It serves as a fundamental document for establishing commercial relationships between businesses operating in or subject to Austrian jurisdiction. The agreement incorporates key provisions required by the Austrian Commercial Code (UGB) and Civil Code (ABGB), while also accounting for relevant EU regulations that impact Austrian commercial transactions. It is particularly suitable for ongoing business relationships, supply arrangements, service provisions, or distribution agreements where at least one party is subject to Austrian law. The document provides comprehensive coverage of essential commercial terms, risk allocation, and compliance requirements specific to the Austrian business environment.

What sections should be included in a Commercial Agreement?

1. Parties: Identification of the contracting parties with full legal names, registration numbers, and addresses as required under Austrian law

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

3. Definitions: Key terms used throughout the agreement, including Austrian legal terminology where relevant

4. Scope of Agreement: Clear delineation of the commercial arrangement's scope and primary obligations

5. Duration and Termination: Term of the agreement, renewal provisions, and termination rights

6. Payment Terms: Price, payment schedule, invoicing requirements, and late payment consequences under Austrian law

7. Obligations of Party A: Detailed description of first party's obligations and performance requirements

8. Obligations of Party B: Detailed description of second party's obligations and performance requirements

9. Warranties and Representations: Standard warranties and representations compliant with Austrian commercial law

10. Liability and Indemnification: Liability provisions and indemnification obligations within Austrian legal framework

11. Confidentiality: Protection of confidential information and trade secrets

12. Force Majeure: Circumstances excusing performance under Austrian law

13. Governing Law and Jurisdiction: Explicit reference to Austrian law and jurisdiction

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

15. Execution: Signature blocks and execution requirements under Austrian law

What sections are optional to include in a Commercial Agreement?

1. Intellectual Property Rights: Include when IP rights are relevant to the commercial relationship

2. Data Protection: Required when personal data processing is involved, addressing GDPR and Austrian DSG requirements

3. Insurance: Include when specific insurance coverage is required for the commercial activities

4. Quality Control: Necessary for agreements involving product supply or manufacturing

5. Compliance with Laws: Include when specific regulatory compliance is crucial to the agreement

6. Export Control: Required for international trade agreements

7. Non-Competition: Include when parties need to restrict competitive activities

8. Assignment and Subcontracting: Include when transfer rights or subcontracting needs to be specifically regulated

9. Step-In Rights: Include in critical service or supply agreements

10. Dispute Resolution: Include when parties want to specify mediation or arbitration procedures

What schedules should be included in a Commercial Agreement?

1. Schedule 1 - Commercial Terms: Detailed pricing, payment terms, and commercial conditions that may need periodic updating

2. Schedule 2 - Service Levels: Specific performance metrics and service level requirements

3. Schedule 3 - Technical Specifications: Detailed technical requirements or product specifications

4. Schedule 4 - Key Personnel: List of key contacts and responsible personnel from each party

5. Schedule 5 - Approved Subcontractors: List of pre-approved subcontractors if relevant

6. Appendix A - Form of Purchase Order: Standard form for ordering goods or services under the agreement

7. Appendix B - Acceptance Testing Procedures: Procedures for accepting deliverables or services

8. Appendix C - Data Processing Agreement: GDPR-compliant data processing terms if required

Authors

Alex Denne

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

Jurisdiction

Austria

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions









































Clauses









































Relevant Industries

Manufacturing

Retail

Technology

Professional Services

Distribution & Logistics

Financial Services

Construction

Healthcare

Energy

Telecommunications

Consumer Goods

Industrial Equipment

Software & IT

Automotive

Agriculture

Relevant Teams

Legal

Commercial

Procurement

Finance

Operations

Sales

Compliance

Risk Management

Business Development

Supply Chain

Executive Leadership

Contract Administration

Relevant Roles

Legal Counsel

Commercial Director

Procurement Manager

Business Development Manager

Contract Manager

Chief Financial Officer

Operations Director

Sales Director

Compliance Officer

Risk Manager

General Counsel

Managing Director

Chief Executive Officer

Commercial Manager

Supply Chain 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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