Freight Forwarder Agency Agreement Template for Germany

The Freight Forwarder Agency Agreement is essential for freight forwarding companies expanding their operations through local representatives in specific territories. This document, governed by German law, establishes the legal framework for appointing and managing freight forwarding agents who will represent the principal's interests in designated areas. It is particularly important in international logistics operations where local expertise and presence are required. The agreement covers crucial aspects such as service scope, commission structures, operational procedures, and compliance requirements, while ensuring alignment with German Commercial Code (HGB) provisions and EU regulations. This document is typically used when a freight forwarder wants to establish a formal agency relationship, requiring detailed documentation of rights, obligations, and commercial terms between the parties.

1. Parties: Identification of the Principal (shipping company/freight forwarder) and the Agent, including full legal names, registration details, and addresses

2. Background: Context of the agreement, brief description of the parties' businesses, and purpose of the agency relationship

3. Definitions: Definitions of key terms used throughout the agreement, including technical shipping terms and specific industry terminology

4. Appointment and Territory: Scope of agent's appointment, geographical territory, and whether the appointment is exclusive or non-exclusive

5. Agent's Rights and Obligations: Detailed responsibilities including customer service, booking management, documentation handling, and local representation

6. Principal's Rights and Obligations: Principal's commitments, including provision of information, marketing materials, and operational support

7. Commission and Payment Terms: Commission structure, calculation method, payment terms, and currency specifications

8. Operating Procedures: Day-to-day operational procedures, booking processes, and documentation requirements

9. Compliance and Regulations: Obligations regarding local laws, customs regulations, and industry standards

10. Liability and Insurance: Liability limitations, indemnification provisions, and required insurance coverage

11. Term and Termination: Duration of agreement, renewal terms, and grounds for termination

12. Confidentiality: Protection of confidential information and trade secrets

13. Data Protection: GDPR compliance and data handling requirements

14. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes

15. General Provisions: Standard boilerplate clauses including force majeure, notices, and amendments