The Retail Supplier Agreement is a fundamental commercial contract used to establish and regulate the business relationship between suppliers and retailers in Austria. This agreement is essential when a supplier wishes to provide products to a retailer on an ongoing basis, whether for resale in physical stores or through online channels. The document comprehensively covers all aspects of the supply relationship, including product specifications, ordering procedures, delivery requirements, quality standards, pricing, and payment terms, while ensuring compliance with Austrian commercial law (UGB), consumer protection legislation (KSchG), and relevant EU regulations. The agreement is particularly important for businesses operating in Austria as it incorporates specific local legal requirements and business practices, while providing a clear framework for managing the supplier-retailer relationship and mitigating potential risks.
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1. Parties: Identification of the supplier and retailer with full legal names and addresses
2. Background: Context of the agreement and business relationship between the parties
3. Definitions: Defined terms used throughout the agreement
4. Supply Obligations: Core obligations of the supplier including product specifications, quantities, and delivery terms
5. Ordering Process: Procedures for placing and confirming orders, lead times, and minimum order quantities
6. Pricing and Payment: Product pricing, payment terms, invoicing procedures, and price adjustment mechanisms
7. Delivery and Acceptance: Delivery terms, inspection rights, acceptance procedures, and rejection of non-conforming goods
8. Quality Requirements: Product quality standards, compliance with regulations, and quality control procedures
9. Warranties: Product warranties and representations about product quality and compliance
10. Title and Risk: Transfer of ownership and risk in the products
11. Intellectual Property: IP rights, licenses, and restrictions on use of trademarks and branding
12. Confidentiality: Protection of confidential information and trade secrets
13. Term and Termination: Duration of agreement, renewal terms, and termination rights
14. Liability and Indemnification: Allocation of risks, limitation of liability, and indemnification obligations
15. Force Majeure: Events excusing performance and procedures for handling force majeure situations
16. Governing Law and Jurisdiction: Austrian law as governing law and jurisdiction for disputes
17. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Exclusivity: Used when supplier is granted exclusive rights or retailer commits to exclusive purchasing
2. Marketing and Promotion: Include when parties agree to specific marketing obligations or cooperative advertising
3. Returns and Recalls: Detailed procedures for product returns and recall situations, essential for certain product types
4. Insurance: Specific insurance requirements beyond standard coverage
5. Data Protection: Detailed GDPR compliance terms when personal data processing is involved
6. Performance Metrics: Include when specific KPIs or service levels are required
7. Sustainability Requirements: Environmental and social responsibility obligations, if relevant
8. Training and Support: When supplier must provide specific training or technical support
1. Product Specifications: Detailed technical specifications and requirements for products
2. Price List: Current prices and any volume-based discounts
3. Service Level Agreement: Detailed performance metrics and service levels
4. Quality Control Procedures: Specific quality control and testing requirements
5. Delivery Locations: List of approved delivery locations and specific delivery requirements
6. Return Procedures: Detailed procedures for handling returns and damaged goods
7. Brand Guidelines: Requirements for use of trademarks and brand materials
8. Compliance Requirements: Specific regulatory and compliance obligations
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