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Business Sales Agreement Form

Business Sales Agreement Form Template for Germany

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Key Requirements PROMPT example:

Business Sales Agreement Form

"I need a Business Sales Agreement Form under German law for selling industrial machinery to a German manufacturer, including installation services and a 2-year maintenance agreement, with delivery scheduled for March 2025."

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Document background
The Business Sales Agreement Form is a crucial document for companies conducting business-to-business sales transactions in Germany. It serves as a standardized template that complies with German legal requirements, particularly the German Civil Code (BGB) and Commercial Code (HGB). This document is essential when businesses need to formalize sales arrangements, whether for one-time transactions or ongoing supply relationships. The agreement covers all critical aspects of the sale, including detailed product specifications, pricing, delivery terms, warranties, and liability provisions. It is specifically designed to protect both parties' interests while ensuring compliance with German commercial law and relevant EU regulations. The template is particularly valuable for companies seeking to establish clear, legally-compliant sales relationships in the German market, whether domestic or international businesses operating under German jurisdiction.
Suggested Sections

1. Parties: Identification and details of the contracting parties, including full legal names, registration numbers, and addresses

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

3. Definitions: Clear definitions of key terms used throughout the agreement

4. Subject Matter of Sale: Detailed description of the goods or business assets being sold

5. Purchase Price: Purchase price, payment terms, and payment schedule

6. Delivery Terms: Conditions and timeline for delivery, including Incoterms if applicable

7. Transfer of Title and Risk: Specifics about when and how ownership and risk transfer to the buyer

8. Warranties and Representations: Seller's warranties regarding the goods and general business warranties

9. Liability and Limitation: Scope and limitations of liability under German law

10. Confidentiality: Obligations regarding confidential information and trade secrets

11. Term and Termination: Duration of the agreement and conditions for termination

12. Applicable Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes

13. Miscellaneous: Standard closing provisions including severability, entire agreement, and amendments

Optional Sections

1. Quality Assurance: Specific quality standards and testing procedures, relevant for technical or specialized products

2. Intellectual Property Rights: IP provisions when the sale involves software, patents, or other intellectual property

3. Training and Support: Terms for product training or ongoing support, used when complex products are involved

4. Export Control: Compliance with export regulations, necessary for international sales

5. Competition Restrictions: Non-compete and territorial restrictions, relevant for strategic sales

6. Insurance: Insurance requirements, particularly important for high-value or high-risk goods

7. Data Protection: GDPR and German data protection compliance, needed when personal data is involved

8. Force Majeure: Provisions for extraordinary circumstances affecting performance

Suggested Schedules

1. Product Specifications: Detailed technical specifications of the goods being sold

2. Pricing Schedule: Detailed breakdown of prices, especially for multiple products or variable pricing

3. Delivery Schedule: Specific delivery dates and locations for complex or multiple deliveries

4. Quality Standards: Detailed quality requirements and testing procedures

5. Warranty Terms: Detailed warranty conditions and claim procedures

6. Service Level Agreement: Performance metrics and service standards for ongoing obligations

7. Data Processing Agreement: Detailed terms for handling personal data, if applicable

8. Compliance Certificates: Required regulatory or industry certifications

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
Goods
Purchase Price
Delivery Date
Delivery Location
Effective Date
Seller
Buyer
Authorized Representative
Business Day
Confidential Information
Force Majeure Event
Intellectual Property Rights
Material Adverse Change
Payment Terms
Product Specifications
Quality Standards
Related Parties
Warranty Period
Acceptance Certificate
Applicable Law
Contract Year
Defect
Documentation
Incoterms
Liability Cap
Purchase Order
Quality Assurance Standards
Technical Specifications
Term
Territory
Testing Procedures
Working Hours
Clauses
Sale and Purchase
Price and Payment
Delivery and Acceptance
Title and Risk Transfer
Warranties
Quality Assurance
Liability Limitation
Indemnification
Confidentiality
Intellectual Property
Force Majeure
Term and Termination
Assignment and Subcontracting
Notices
Dispute Resolution
Governing Law
Entire Agreement
Amendments
Severability
Product Specifications
Compliance with Laws
Export Control
Data Protection
Insurance
Performance Guarantees
Documentation
Training and Support
Audit Rights
Non-Competition
Regulatory Compliance
VAT and Taxation
Representations
Boilerplate
Relevant Industries

Manufacturing

Wholesale Trade

Retail

Technology

Industrial Equipment

Automotive

Consumer Goods

Chemical Industry

Electronics

Medical Devices

Food and Beverage

Construction Materials

Energy

Telecommunications

Relevant Teams

Legal

Sales

Procurement

Finance

Compliance

Operations

Business Development

Risk Management

Commercial Operations

Supply Chain

Contract Administration

Relevant Roles

Chief Executive Officer

Commercial Director

Sales Director

Procurement Manager

Legal Counsel

Contract Manager

Business Development Manager

Supply Chain Manager

Chief Financial Officer

Operations Director

Compliance Officer

Account Executive

Sales Operations Manager

Purchasing Director

Risk Manager

Industries
Bürgerliches Gesetzbuch (BGB): German Civil Code - Contains fundamental contract law principles, including formation, performance, breach, and remedies (particularly §§ 433-479 for sales contracts)
Handelsgesetzbuch (HGB): German Commercial Code - Governs commercial transactions between merchants, including specific provisions for business sales and commercial practices
Gesetz gegen Wettbewerbsbeschränkungen (GWB): German Act Against Restraints of Competition - Ensures the agreement complies with German competition law and antitrust regulations
Umsatzsteuergesetz (UStG): German Value Added Tax Act - Governs VAT obligations and requirements in business transactions
EU Regulation 593/2008 (Rome I): Determines the applicable law in contractual obligations for international business transactions within the EU
Allgemeine Geschäftsbedingungen (AGB-Recht): German law on General Terms and Conditions - Regulates standard business terms in contracts (§§ 305-310 BGB)
Produkthaftungsgesetz: Product Liability Act - Relevant for sales agreements involving goods, defining liability for defective products
Gesetz zur Regelung des Rechts der Allgemeinen Geschäftsbedingungen: Standard Contract Terms Act - Specific regulations for standard form contracts in business transactions
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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