Haulage Agreement Generator for Germany

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Key Requirements PROMPT example:

Haulage Agreement

"I need a Haulage Agreement under German law for transporting automotive parts between Munich and Stuttgart, with specific provisions for just-in-time delivery and handling of sensitive electronic components, to commence from March 2025."

Document background
The Haulage Agreement serves as a crucial legal framework for businesses requiring professional road transport services in Germany. This document is essential when establishing a formal relationship between a transport service provider and a client who needs regular or substantial goods transportation. The agreement is structured to comply with German Commercial Code (HGB) requirements, particularly sections 407-450 governing freight contracts, while incorporating relevant EU transport regulations. The Haulage Agreement typically includes detailed service specifications, pricing structures, liability provisions, and operational procedures, making it suitable for both domestic and international transport arrangements within the EU. It's particularly important for businesses seeking to establish clear terms of service, risk allocation, and compliance with German transport laws and safety regulations.
Suggested Sections

1. Parties: Identification of the haulage company and the client, including full legal names, registration details, and addresses

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Definitions of key terms used throughout the agreement, including technical transport terminology

4. Services: Detailed description of the haulage services to be provided, including types of goods, routes, and delivery requirements

5. Service Standards: Quality standards, delivery times, and performance metrics for the haulage services

6. Pricing and Payment: Fee structure, payment terms, invoicing procedures, and any additional charges

7. Obligations of the Haulier: Responsibilities of the transport company including compliance with regulations, vehicle maintenance, and driver requirements

8. Obligations of the Client: Client's responsibilities regarding goods preparation, documentation, and loading/unloading arrangements

9. Liability and Insurance: Liability provisions as per HGB, insurance requirements, and limitation of liability clauses

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

11. Force Majeure: Provisions for unforeseen circumstances affecting service delivery

12. Confidentiality: Protection of confidential information exchanged during the business relationship

13. Governing Law and Jurisdiction: Specification of German law application and jurisdiction for dispute resolution

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

Optional Sections

1. Dangerous Goods Transport: Special provisions for handling and transporting dangerous goods, required when such goods are part of the service scope

2. Subcontracting: Terms governing the use of subcontractors, if the haulier is permitted to subcontract services

3. Special Handling Requirements: Specific procedures for handling temperature-sensitive, fragile, or high-value goods

4. Cross-Border Transport: Additional provisions for international transport services, including CMR Convention application

5. Environmental Compliance: Specific environmental standards and requirements, particularly relevant for eco-conscious clients

6. Digital Services Integration: Terms governing the use of tracking systems, digital documentation, or other technology solutions

7. Key Performance Indicators: Detailed performance metrics and associated bonuses or penalties

8. Training Requirements: Specific training requirements for drivers or handlers, particularly for specialized cargo

Suggested Schedules

1. Schedule 1 - Service Specifications: Detailed technical specifications of the haulage services, including routes, frequencies, and vehicle requirements

2. Schedule 2 - Price List: Detailed pricing structure, including base rates, additional charges, and price adjustment mechanisms

3. Schedule 3 - Operating Procedures: Standard operating procedures for loading, unloading, documentation, and communication

4. Schedule 4 - Insurance Certificates: Copies of required insurance policies and coverage details

5. Schedule 5 - Contact Details: List of key contacts and escalation procedures for both parties

6. Schedule 6 - Vehicle Fleet Details: Specifications of vehicles to be used in providing the services

7. Appendix A - Required Documentation: Templates and examples of required transport documentation

8. Appendix B - Health and Safety Requirements: Specific health and safety procedures and 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
Clauses
Relevant Industries

Manufacturing

Retail

Construction

Agriculture

Automotive

Chemical

Food and Beverage

Pharmaceutical

E-commerce

Industrial Goods

Consumer Goods

Energy

Raw Materials

Waste Management

Fashion and Apparel

Relevant Teams

Legal

Operations

Logistics

Supply Chain

Procurement

Risk Management

Compliance

Commercial

Fleet Management

Contract Management

Relevant Roles

Logistics Manager

Transport Operations Director

Supply Chain Manager

Procurement Manager

Contract Manager

Fleet Manager

Legal Counsel

Commercial Director

Operations Manager

Risk Manager

Compliance Officer

Chief Operating Officer

Transportation Coordinator

Shipping Manager

Business Development Manager

Industries
German Commercial Code (Handelsgesetzbuch - HGB) Sections 407-450: Core legislation governing freight contracts, carrier obligations, liability provisions, and transport documentation requirements in Germany
German Civil Code (Bürgerliches Gesetzbuch - BGB): General contract law provisions applicable to all contracts in Germany, including formation, performance, and breach of contract
German Road Haulage Act (Güterkraftverkehrsgesetz - GüKG): Specific regulations for commercial road transport, including licensing requirements and operational conditions
EU Regulation No 1071/2009: European regulations establishing common rules for road transport operators, including requirements for establishment and good repute
German Traffic Law (Straßenverkehrsgesetz - StVG): Regulations regarding road traffic and safety requirements for vehicles and operators
German Freight Forwarders Standard Terms and Conditions (ADSp): While not legislation, these are widely used standard terms in German freight forwarding and should be considered in contract drafting
Convention on the Contract for the International Carriage of Goods by Road (CMR): International convention governing cross-border road transport, relevant if the haulage agreement includes international transport
German Transport Law Reform Act: Modern reforms to transport law that modified the HGB to align with international standards and current business practices
Regulation (EC) No 561/2006: EU regulations on driving times, break and rest periods for drivers, which must be considered in operational planning
German Dangerous Goods Transportation Act (Gefahrgutbeförderungsgesetz - GGBefG): Specific regulations for the transport of dangerous goods, if applicable to the haulage services
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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