The Purchase Agreement With Payments is a fundamental commercial document used in German business transactions where goods or assets are sold with specific payment arrangements. This document type is particularly relevant when the transaction involves significant value or requires structured payments over time. It ensures compliance with German commercial law, including the Civil Code (BGB) and Commercial Code (HGB), while providing clear terms for payment schedules, delivery conditions, and transfer of ownership. The agreement is commonly used in both B2B and B2C contexts, though the provisions and protections vary depending on the parties involved. It's essential for transactions requiring detailed payment terms, whether involving installment payments, milestone-based payments, or other structured payment arrangements.
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1. Parties: Identification and details of the seller and buyer, including legal form and registration details as required under German law
2. Background: Context of the transaction and relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Object of Purchase: Detailed description of the goods or items being purchased
5. Purchase Price: Specification of the purchase price, currency, and whether VAT is included
6. Payment Terms: Payment schedule, method of payment, and bank details
7. Delivery: Terms and conditions of delivery, including timing, location, and transfer of risk
8. Transfer of Title: Provisions regarding the transfer of ownership, including any retention of title arrangements
9. Warranties: Statutory and additional warranties regarding the purchased items
10. Liability: Scope and limitations of liability under German law
11. Force Majeure: Provisions for unforeseen circumstances preventing performance
12. Term and Termination: Duration of the agreement and termination rights
13. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
14. Miscellaneous: Standard closing provisions including severability and entire agreement clauses
1. Installation and Acceptance: Required when the purchased items need professional installation or formal acceptance procedures
2. Quality Assurance: Necessary for technical or industrial goods requiring specific quality standards
3. Intellectual Property Rights: Include when the purchase involves software, technology or branded products
4. Export Control: Required when goods are subject to export regulations
5. Compliance: Include when specific regulatory compliance requirements apply to the transaction
6. Training and Documentation: Necessary when the purchase includes requirements for user training or technical documentation
7. Maintenance and Support: Include when ongoing maintenance or support services are part of the purchase
8. Insurance: Required for high-value items or when specific insurance coverage is necessary
1. Technical Specifications: Detailed technical descriptions and specifications of the purchased items
2. Payment Schedule: Detailed breakdown of payment installments and due dates
3. Delivery Schedule: Specific delivery dates and locations if multiple deliveries are involved
4. Quality Standards: Detailed quality requirements and testing procedures
5. Warranty Certificate: Specific warranty terms and conditions
6. Required Certifications: Copies of necessary certifications and compliance documents
7. Service Level Agreement: Details of any associated service levels for support or maintenance
8. Bank Guarantee Format: Template for any required bank guarantees or security documents
Relevant legal definitions
Agreement
Acceptance
Acceptance Protocol
Applicable Law
Banking Day
Business Day
Confidential Information
Contract Price
Delivery
Delivery Date
Delivery Location
Documentation
Effective Date
Equipment
Force Majeure Event
Goods
Installation
Installation Site
Intellectual Property Rights
Interest Rate
Material Adverse Change
Payment Date
Payment Schedule
Payment Terms
Purchase Price
Quality Standards
Representatives
Retention of Title
Specifications
Technical Documentation
Term
Test Procedures
VAT
Warranty Period
Working Day
Acceptance
Acceptance Protocol
Applicable Law
Banking Day
Business Day
Confidential Information
Contract Price
Delivery
Delivery Date
Delivery Location
Documentation
Effective Date
Equipment
Force Majeure Event
Goods
Installation
Installation Site
Intellectual Property Rights
Interest Rate
Material Adverse Change
Payment Date
Payment Schedule
Payment Terms
Purchase Price
Quality Standards
Representatives
Retention of Title
Specifications
Technical Documentation
Term
Test Procedures
VAT
Warranty Period
Working Day
Clauses
Parties and Recitals
Definitions
Sale and Purchase
Purchase Price
Payment Terms
Payment Security
Delivery
Transfer of Title
Transfer of Risk
Acceptance
Warranties
Quality Assurance
Intellectual Property
Confidentiality
Liability
Limitation of Liability
Force Majeure
Default Interest
Security Interest
Documentation
Insurance
Inspection Rights
Assignment
Notices
Termination
Governing Law
Dispute Resolution
Severability
Amendments
Entire Agreement
Language
Counterparts
Definitions
Sale and Purchase
Purchase Price
Payment Terms
Payment Security
Delivery
Transfer of Title
Transfer of Risk
Acceptance
Warranties
Quality Assurance
Intellectual Property
Confidentiality
Liability
Limitation of Liability
Force Majeure
Default Interest
Security Interest
Documentation
Insurance
Inspection Rights
Assignment
Notices
Termination
Governing Law
Dispute Resolution
Severability
Amendments
Entire Agreement
Language
Counterparts
Relevant Industries
Manufacturing
Technology
Retail
Industrial Equipment
Automotive
Construction
Electronics
Consumer Goods
Heavy Machinery
Software and IT
Healthcare Equipment
Energy
Telecommunications
Agricultural Equipment
Relevant Teams
Legal
Finance
Procurement
Commercial
Sales
Treasury
Risk Management
Operations
Supply Chain
Business Development
Compliance
Relevant Roles
Chief Financial Officer
Procurement Manager
Legal Counsel
Commercial Director
Finance Manager
Purchasing Director
Contract Manager
Supply Chain Manager
Business Development Manager
Account Executive
Sales Director
Treasury Manager
Risk Manager
Operations Director
Chief Executive Officer
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