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Purchasers Agreement for Austria

Purchasers Agreement Template for Austria

An Austrian Purchase Agreement (Kaufvertrag) is a legally binding document governed by Austrian law, particularly the ABGB (Austrian Civil Code), that formalizes the transfer of ownership of goods, property, or assets from a seller to a purchaser. The agreement details the essential elements of the transaction including the purchase price, payment terms, delivery conditions, warranties, and transfer of title. It incorporates specific requirements under Austrian law, including consumer protection provisions where applicable, and can be adapted for both B2B and B2C transactions. The document ensures compliance with Austrian legal requirements while providing clear terms and conditions for both parties.

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What is a Purchasers Agreement?

The Purchase Agreement (Kaufvertrag) is a fundamental commercial document used in Austrian business transactions to formalize the sale and purchase of goods, property, or assets. It serves as the primary contract document establishing the rights and obligations of both the seller and purchaser under Austrian law, particularly the ABGB (Austrian Civil Code). This agreement is essential for documenting the terms of sale, including price, payment conditions, delivery terms, warranties, and the transfer of ownership. It can be used for various transaction types, from simple goods purchases to complex asset acquisitions, and must comply with specific Austrian legal requirements, including consumer protection laws for B2C transactions and commercial code provisions for B2B deals. The document's structure and content ensure legal certainty and clear understanding between parties while maintaining compliance with Austrian jurisdiction requirements.

What sections should be included in a Purchasers Agreement?

1. Parties: Identification of the seller and purchaser with full legal names and addresses

2. Background: Context of the purchase and brief description of the transaction

3. Definitions: Definitions of key terms used throughout the agreement

4. Subject Matter of Purchase: Detailed description of the goods or property being purchased

5. Purchase Price: The agreed purchase price, payment terms, and payment method

6. Transfer of Ownership: Terms governing the transfer of title and risk

7. Delivery: Delivery terms, timing, and location

8. Warranties: Standard warranties regarding title, quality, and condition

9. Defects and Liability: Handling of defects and extent of liability under Austrian law

10. Term and Termination: Duration of the agreement and termination provisions

11. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction

12. Miscellaneous: Standard boilerplate provisions including severability and entire agreement

13. Execution: Signature blocks and execution requirements

What sections are optional to include in a Purchasers Agreement?

1. CISG Exclusion: Section explicitly excluding the UN Convention on Contracts for International Sale of Goods (for international sales)

2. Consumer Protection Rights: Additional rights and protections when the purchaser is a consumer under KSchG

3. Real Estate Specific Provisions: Additional provisions required for real estate transactions including land registry requirements

4. Intellectual Property: Provisions dealing with IP rights if the purchase includes intellectual property

5. Export Control: Compliance with export control regulations for international sales

6. Tax Provisions: Specific tax arrangements and VAT considerations

7. Insurance: Insurance requirements during transit or for specific types of goods

8. Force Majeure: Provisions for unforeseen circumstances affecting contract performance

What schedules should be included in a Purchasers Agreement?

1. Schedule 1 - Description of Goods: Detailed technical specifications or description of the purchase items

2. Schedule 2 - Price Breakdown: Itemized pricing and payment schedule if applicable

3. Schedule 3 - Delivery Schedule: Detailed delivery timelines and logistics information

4. Schedule 4 - Condition Report: Current condition of goods (particularly for used items or real estate)

5. Schedule 5 - Required Documents: List of documents required for completion of the purchase

6. Appendix A - Technical Specifications: Detailed technical information about the purchased items

7. Appendix B - Warranties: Detailed warranty terms and conditions

8. Appendix C - Compliance Certificates: Relevant compliance certificates and regulatory approvals

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

Purchase Agreement

Cost

Free to use
Relevant legal definitions











































Clauses









































Relevant Industries

Retail

Manufacturing

Real Estate

Technology

Automotive

Consumer Goods

Industrial Equipment

Agriculture

Construction

Energy

Professional Services

Healthcare

Hospitality

E-commerce

Transportation and Logistics

Relevant Teams

Legal

Procurement

Sales

Finance

Operations

Commercial

Supply Chain

Risk and Compliance

Business Development

Real Estate

Contract Management

Relevant Roles

Procurement Manager

Sales Director

Legal Counsel

Contract Manager

Business Development Manager

Commercial Director

Operations Manager

Supply Chain Manager

Chief Financial Officer

Purchase Officer

Real Estate Agent

General Counsel

Compliance Officer

Risk Manager

Property 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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