Sales And Service Agreement Template for Germany

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Key Requirements PROMPT example:

Sales And Service Agreement

"I need a Sales and Service Agreement for a German software company providing CRM software licenses and implementation services to enterprise customers across the EU, with specific emphasis on data protection and service level commitments."

Document background

The Sales and Service Agreement is designed for business relationships where one party supplies products and provides related services to another under German law. This type of agreement is particularly useful when the supply of goods is intrinsically linked with ongoing services such as maintenance, support, or implementation. The document incorporates requirements from the German Civil Code (BGB), Commercial Code (HGB), and relevant EU regulations, particularly concerning warranties, liability, and data protection. It's structured to address both the immediate sale of goods and the continuous service relationship, making it ideal for complex business arrangements where products and services are interconnected. The agreement typically includes detailed specifications for both products and services, pricing structures, service levels, and performance metrics, while ensuring compliance with German legal requirements regarding contract formation, warranties, and remedies.

Suggested Sections

1. Parties: Identification and details of the contracting parties including registered addresses and registration numbers

2. Background: Context of the agreement and general business relationship between the parties

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Scope of Supply and Services: Detailed description of products to be supplied and services to be provided

5. Ordering Process: Procedures for placing and accepting orders, including minimum order quantities if applicable

6. Prices and Payment Terms: Product and service pricing, payment terms, invoicing procedures, and late payment consequences

7. Delivery and Performance: Terms for delivery of products and performance of services, including timelines and acceptance procedures

8. Quality Requirements: Quality standards for products and services, including any applicable industry standards

9. Warranty and Liability: Warranty terms for products and services, liability limitations in accordance with German law

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

11. Intellectual Property Rights: Ownership and usage rights of intellectual property

12. Confidentiality: Protection of confidential information and trade secrets

13. Force Majeure: Provisions for unforeseen circumstances preventing performance

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

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

Optional Sections

1. Exclusivity: Terms of exclusive supply or service arrangements, if applicable

2. Service Levels: Detailed service level agreements (SLAs) and performance metrics, if specific performance standards are required

3. Compliance Requirements: Specific regulatory compliance obligations, particularly relevant for regulated industries

4. Insurance: Specific insurance requirements beyond standard coverage

5. Data Protection: Detailed GDPR compliance measures if personal data processing is involved

6. Export Control: Export control provisions if products are subject to international trade restrictions

7. Training and Support: Specific provisions for training and support services if part of the arrangement

8. Spare Parts: Terms for supply and pricing of spare parts if relevant to the products

9. Environmental Compliance: Specific environmental standards and compliance requirements

10. Subcontracting: Terms governing the use of subcontractors if allowed

Suggested Schedules

1. Product Specifications: Detailed technical specifications of products to be supplied

2. Service Specifications: Detailed description of services to be provided

3. Price List: Detailed pricing for products and services, including any volume discounts

4. Service Levels and KPIs: Detailed service level requirements and key performance indicators

5. Quality Standards: Specific quality requirements and testing procedures

6. Support and Maintenance Details: Detailed support and maintenance procedures and response times

7. Contact Details: Key contacts and escalation procedures for both parties

8. Form of Purchase Order: Standard form for placing orders under the agreement

9. Acceptance Test Procedures: Procedures for testing and accepting products or services

10. Warranty Procedures: Detailed warranty claim and return procedures

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Manufacturing

Technology and Software

Industrial Equipment

Automotive

Healthcare and Medical Devices

Telecommunications

Professional Services

Energy and Utilities

Construction and Infrastructure

Retail and Consumer Goods

Electronics

Relevant Teams

Legal

Sales

Procurement

Operations

Commercial

Service Delivery

Account Management

Technical Services

Quality Assurance

Compliance

Supply Chain

Business Development

Contract Administration

Relevant Roles

Chief Commercial Officer

Sales Director

Procurement Manager

Legal Counsel

Contract Manager

Business Development Manager

Service Delivery Manager

Operations Director

Account Manager

Technical Services Manager

Commercial Manager

Supply Chain Manager

Chief Operating Officer

Compliance Officer

Quality Assurance Manager

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A German law-governed sales agreement for the unconditional transfer of ownership of goods or property from seller to buyer, structured according to BGB requirements.

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Authors

Alex Denne

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