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Supply And Service Agreement

Supply And Service Agreement Template for Germany

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Key Requirements PROMPT example:

Supply And Service Agreement

"I need a Supply and Service Agreement for our IT hardware business where we'll be supplying servers and providing ongoing maintenance services to enterprise customers in Germany, with specific provisions for 24/7 support and emergency response times of 2 hours."

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Document background
The Supply and Service Agreement is essential for business relationships where one party provides both products and related services to another under German law. This document type is particularly relevant when the supply of goods is intrinsically linked with service elements, such as maintenance, support, or implementation services. It combines elements of both purchase agreements and service contracts, requiring careful consideration of the German Civil Code (BGB) and Commercial Code (HGB) provisions. The agreement typically includes detailed specifications for products, delivery terms, service level requirements, quality standards, and performance metrics. It's designed to provide comprehensive coverage of both tangible deliverables and ongoing service obligations, making it suitable for complex business relationships where mere supply or service agreements alone would be insufficient.
Suggested Sections

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

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

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. Delivery Terms: Delivery conditions, timelines, and Incoterms (if applicable)

7. Service Levels: Performance standards, response times, and service quality metrics

8. Price and Payment Terms: Pricing structure, payment schedule, invoicing procedures, and payment methods

9. Quality Requirements: Quality standards, inspection rights, and acceptance procedures

10. Warranties: Warranties for products and services, including duration and scope

11. Liability and Indemnification: Allocation of risks, limitation of liability, and indemnification obligations

12. Term and Termination: Duration of agreement, renewal terms, and termination rights

13. Confidentiality: Protection of confidential information and trade secrets

14. Force Majeure: Events excusing performance and related procedures

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

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

Optional Sections

1. Intellectual Property Rights: Include when supply/services involve IP creation or licensing

2. Data Protection: Include when personal data processing is involved, ensuring GDPR compliance

3. Insurance: Include when specific insurance requirements are needed due to risk profile

4. Export Control: Include for international supply chains or controlled goods

5. Compliance with Laws: Include when specific regulatory compliance is critical

6. Environmental Requirements: Include for environmentally sensitive products or services

7. Subcontracting: Include when subcontracting needs to be addressed specifically

8. Training and Support: Include when ongoing training or support is part of the services

9. Change Management: Include when formal process for changes is needed

10. Business Continuity: Include for critical supply or service relationships

Suggested Schedules

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

2. Service Specifications: Detailed description of services, including scope and methodology

3. Price List: Detailed pricing information, including any volume discounts or price adjustment mechanisms

4. Service Level Agreement (SLA): Detailed service levels, KPIs, and measurement methods

5. Quality Management Plan: Detailed quality control procedures and standards

6. Contact Details: Key contacts and escalation procedures

7. Delivery Locations: List of approved delivery locations and specific requirements

8. Technical Requirements: Specific technical requirements or standards to be met

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

10. Acceptance Test Procedures: Detailed procedures for acceptance testing of products or services

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Acceptance Criteria
Applicable Law
Business Day
Confidential Information
Contract Year
Delivery Date
Delivery Location
Delivery Terms
Documentation
Effective Date
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Performance Indicators
Minimum Order Quantity
Order
Products
Product Specifications
Purchase Order
Quality Standards
Service Hours
Service Levels
Services
Service Specifications
Site
Specifications
Supplier Personnel
Term
Territory
Third Party
Working Hours
Warranty Period
Defect
Emergency Services
Fee Schedule
Implementation Plan
Maintenance Services
Performance Standards
Response Time
Support Services
Technical Requirements
Training Services
Urgent Maintenance
VAT
Clauses
Interpretation
Scope of Supply
Scope of Services
Ordering Process
Delivery Terms
Service Levels
Quality Requirements
Testing and Acceptance
Price and Payment
Invoicing
Performance Standards
Title and Risk
Warranties
Intellectual Property
Confidentiality
Data Protection
Liability
Indemnification
Insurance
Force Majeure
Term and Termination
Exit Management
Personnel
Subcontracting
Compliance with Laws
Anti-Corruption
Export Control
Change Control
Dispute Resolution
Governing Law
Assignment
Notices
Entire Agreement
Severability
Waiver
Amendment
Third Party Rights
Health and Safety
Environmental Compliance
Business Continuity
Audit Rights
Record Keeping
Training and Support
Reporting Requirements
Relevant Industries

Manufacturing

Technology

Automotive

Industrial Equipment

Healthcare

Telecommunications

Energy

Chemical

Retail

Construction

Logistics

Information Technology

Professional Services

Electronics

Aerospace

Relevant Teams

Legal

Procurement

Supply Chain

Operations

Commercial

Vendor Management

Contract Management

Quality Assurance

Logistics

Compliance

Finance

Project Management

Business Development

Risk Management

Strategic Sourcing

Relevant Roles

Procurement Manager

Supply Chain Director

Legal Counsel

Commercial Director

Operations Manager

Contract Manager

Vendor Manager

Purchasing Director

Supply Chain Manager

Legal Director

Chief Operating Officer

Head of Procurement

Commercial Manager

Business Development Manager

Project Manager

Quality Assurance Manager

Logistics Manager

Category Manager

Strategic Sourcing Manager

Compliance Officer

Industries
Bürgerliches Gesetzbuch (BGB): German Civil Code - Primary source for contract law, including general provisions on formation of contracts, performance, breach, and remedies (particularly §§ 241-432 for general obligations, §§ 433-453 for sales contracts, and §§ 611-630 for service contracts)
Handelsgesetzbuch (HGB): German Commercial Code - Governs commercial relationships between merchants, including specific provisions on commercial sales and business practices
AGB-Recht (§§ 305-310 BGB): Law on General Terms and Conditions - Specific provisions within the BGB governing the use and validity of standard terms in contracts
Gesetz gegen Wettbewerbsbeschränkungen (GWB): German Act Against Restraints of Competition - Relevant for B2B relationships and potential competition law issues in supply agreements
UN Convention on Contracts for the International Sale of Goods (CISG): International sales law that automatically applies to international commercial sales contracts involving German parties unless explicitly excluded
General Data Protection Regulation (GDPR/DSGVO): EU regulation on data protection and privacy, relevant for any personal data processing aspects of the supply and service relationship
Produkthaftungsgesetz (ProdHaftG): German Product Liability Act - Important for supply agreements involving products, establishing strict liability for defective products
Gesetz zur Regelung des Rechts der Allgemeinen Geschäftsbedingungen (AGBG): Specific regulations concerning general terms and conditions in business contracts, particularly relevant for standard form contracts
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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