Debtor Creditor Supplier Agreement Generator for Germany

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Key Requirements PROMPT example:

Debtor Creditor Supplier Agreement

"I need a Debtor Creditor Supplier Agreement for our German manufacturing business, where we'll be supplying industrial equipment worth €2M annually with 60-day payment terms and retention of title clause, starting March 2025."

Document background
The Debtor Creditor Supplier Agreement is essential for businesses operating in Germany where regular supply arrangements are conducted on credit terms. This document is particularly relevant when establishing ongoing commercial relationships involving regular supply of goods or services with deferred payment arrangements. The agreement complies with German legal requirements, including the BGB and HGB, and incorporates necessary provisions for credit limits, security interests, and enforcement mechanisms. It's commonly used when suppliers wish to formalize credit arrangements while maintaining security over their supplies, especially in situations involving significant transaction volumes or extended payment terms. The document includes comprehensive provisions for supply obligations, payment terms, default scenarios, and remedies, all structured within the German legal framework and considering EU regulations on commercial transactions.
Suggested Sections

1. Parties: Identification of the supplier (creditor), debtor, and any guarantors with full legal names and addresses

2. Background: Context of the supply relationship, previous dealings if any, and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement, including payment terms, supply obligations, and credit limits

4. Supply Obligations: Details of the supplier's obligations regarding goods/services, including quality standards, delivery terms, and timeframes

5. Credit Terms: Credit limit, payment terms, interest rates on late payments, and billing procedures

6. Payment Terms: Detailed payment obligations, including payment schedule, method of payment, and currency

7. Security Arrangements: Required security or collateral arrangements, including retention of title provisions

8. Default Provisions: Consequences of payment default, including enforcement rights and remedies

9. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

10. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes

11. Notices: Process and addresses for formal communications between parties

Optional Sections

1. Guarantees: Additional guarantees or warranties when third-party guarantors are involved

2. Insurance Requirements: Specific insurance obligations for either party when required by the nature of goods/services

3. Force Majeure: Provisions for unforeseen circumstances affecting performance, if relevant to the industry

4. Confidentiality: Confidentiality obligations when sensitive information is involved

5. Assignment Rights: Rights to assign the agreement or receivables, particularly relevant for factoring arrangements

6. Dispute Resolution: Alternative dispute resolution procedures if parties wish to specify mediation or arbitration

7. Change Control: Procedures for changing credit limits or supply terms over time

8. Compliance Requirements: Specific regulatory compliance obligations relevant to the industry

Suggested Schedules

1. Schedule 1 - Product/Service Specifications: Detailed specifications of goods or services to be supplied

2. Schedule 2 - Pricing Schedule: Detailed pricing information, including any volume discounts or price adjustment mechanisms

3. Schedule 3 - Delivery Schedule: Specific delivery timeframes and locations

4. Schedule 4 - Credit Limit Calculation: Method for calculating and adjusting credit limits

5. Schedule 5 - Security Documents: Forms of security documents or guarantees required

6. Appendix A - Standard Terms and Conditions: Standard trading terms and conditions compliant with German law

7. Appendix B - Payment Procedures: Detailed payment procedures and documentation requirements

8. Appendix C - Quality Standards: Applicable quality standards and certification requirements

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 legal definitions
Relevant Industries

Manufacturing

Wholesale Trade

Retail

Construction

Automotive

Chemical Industry

Electronics

Food and Beverage

Industrial Equipment

Raw Materials

Textiles

Pharmaceutical

Energy

Agricultural Products

Relevant Teams

Legal

Finance

Procurement

Credit Control

Commercial

Risk Management

Treasury

Operations

Supply Chain

Accounts Receivable

Accounts Payable

Relevant Roles

Chief Financial Officer

Finance Director

Credit Manager

Procurement Manager

Supply Chain Director

Commercial Director

Legal Counsel

Contracts Manager

Account Manager

Risk Manager

Treasury Manager

Financial Controller

Operations Director

Credit Controller

Purchasing Manager

Industries
Bürgerliches Gesetzbuch (BGB) - German Civil Code: Primary legislation governing contractual relationships, including general contract law, obligations, terms of payment, and default provisions (particularly §§ 241-432 BGB on general contractual obligations and §§ 433-453 BGB on sales contracts)
Handelsgesetzbuch (HGB) - German Commercial Code: Governs commercial relationships between merchants, including specific provisions for commercial sales and business transactions (especially §§ 343-372 HGB on commercial sales)
Gesetz über Sicherungsgeschäfte - Security Interests Law: Regulates security interests and collateral arrangements in commercial transactions, including retention of title clauses
Insolvenzordnung (InsO) - German Insolvency Code: Provisions regarding insolvency proceedings and creditor rights in case of debtor insolvency
EU Late Payment Directive (2011/7/EU) as implemented in German law: Regulations concerning payment terms in commercial transactions and consequences of late payment
Allgemeines Gleichbehandlungsgesetz (AGG) - General Equal Treatment Act: Must be considered for non-discrimination provisions in commercial relationships
Schuldrechtsmodernisierungsgesetz: Modern law of obligations that reformed the BGB, particularly relevant for structuring payment and delivery obligations
Gesetz zur Regelung des Rechts der Allgemeinen Geschäftsbedingungen (AGB-Recht): Regulations regarding standard terms and conditions in contracts, which is particularly relevant for supplier agreements
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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