Delivery Contract for Germany

Delivery Contract Template for Germany

A German law Delivery Contract (Liefervertrag) is a legally binding agreement that governs the terms and conditions for the supply and delivery of goods between parties. This document is structured according to German Civil Code (BGB) and Commercial Code (HGB) requirements, outlining specific obligations regarding delivery timing, quality standards, risk transfer, and payment terms. It includes provisions for inspection procedures, warranty claims, and liability allocation, while ensuring compliance with German transportation and commerce regulations. The contract typically incorporates detailed specifications for goods, delivery schedules, and quality requirements through various schedules and appendices.

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What is a Delivery Contract?

The Delivery Contract (Liefervertrag) is essential for businesses operating in Germany that engage in the regular supply and delivery of goods. This document is particularly crucial when establishing ongoing supply relationships or managing significant one-time deliveries. It must comply with German legal requirements, including the Civil Code (BGB) and Commercial Code (HGB), while addressing practical business needs such as delivery specifications, quality standards, and risk allocation. The contract becomes especially important in industries with complex supply chains or where precise delivery timing and conditions are critical to operations. It typically includes comprehensive details about the goods, delivery terms, quality requirements, and liability provisions, making it suitable for both domestic and international trade relationships subject to German law.

What sections should be included in a Delivery Contract?

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

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

3. Definitions: Key terms used throughout the contract, ensuring consistent interpretation

4. Subject Matter of Contract: Detailed description of goods to be delivered, including specifications, quantities, and quality requirements

5. Delivery Terms: Specific arrangements for delivery including timing, location, and Incoterms if applicable

6. Prices and Payment Terms: Pricing structure, payment schedule, invoicing requirements, and payment methods

7. Quality and Inspection: Quality standards, inspection procedures, and acceptance criteria

8. Transfer of Risk and Title: Provisions regarding when risk and ownership transfer from supplier to recipient

9. Warranty and Liability: Warranty terms, liability limitations, and remedies for defective goods

10. Term and Termination: Duration of the contract and conditions for termination

11. Force Majeure: Circumstances excusing performance and related procedures

12. Confidentiality: Protection of confidential information exchanged during the contract

13. Applicable Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes

14. Final Provisions: Miscellaneous legal provisions including severability and entire agreement clauses

What sections are optional to include in a Delivery Contract?

1. Insurance Requirements: Detailed insurance obligations, recommended for high-value deliveries or hazardous goods

2. Intellectual Property Rights: Necessary when delivered goods involve IP rights or licensed technology

3. Compliance with Laws: Specific section on regulatory compliance, important for regulated industries or international deliveries

4. Subcontracting: Include when supplier may need to use subcontractors for delivery

5. Performance Guarantees: Required for complex or high-value contracts requiring specific performance metrics

6. Data Protection: Detailed GDPR compliance terms when personal data processing is involved

7. Sustainability Requirements: Environmental and social responsibility requirements, important for companies with ESG commitments

8. Change Management: Procedures for handling changes to delivery specifications or terms, useful for long-term contracts

What schedules should be included in a Delivery Contract?

1. Schedule 1: Product Specifications: Detailed technical specifications of goods to be delivered

2. Schedule 2: Pricing Schedule: Detailed pricing information, including any volume discounts or price adjustment mechanisms

3. Schedule 3: Delivery Schedule: Detailed timeline of deliveries, including quantities and locations

4. Schedule 4: Quality Standards: Specific quality requirements, testing procedures, and acceptance criteria

5. Schedule 5: Service Level Agreement: Performance metrics and standards for delivery service

6. Appendix A: Contact Details: List of key contacts and escalation procedures

7. Appendix B: Required Documentation: List of documents required for delivery (certificates, customs documents, etc.)

8. Appendix C: Packaging Requirements: Specific packaging and labeling requirements for the goods

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

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Service Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Manufacturing

Retail

Logistics and Transportation

E-commerce

Wholesale Trade

Automotive

Electronics

Food and Beverage

Pharmaceuticals

Construction Materials

Chemical Industry

Consumer Goods

Industrial Equipment

Relevant Teams

Legal

Procurement

Supply Chain

Operations

Logistics

Quality Control

Commercial

Risk Management

Compliance

Finance

Warehouse Operations

Transportation

Relevant Roles

Supply Chain Manager

Procurement Director

Logistics Manager

Legal Counsel

Contract Manager

Operations Director

Quality Control Manager

Commercial Director

Purchasing Manager

Business Development Manager

Compliance Officer

Risk Manager

Warehouse Manager

Transport Coordinator

Import/Export Manager

Industries
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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