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.
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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
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
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
Relevant legal definitions
Agreement
Acceptance Criteria
Applicable Law
Business Day
Confidential Information
Contract Year
Customer
Customer Materials
Defect
Delivery Location
Documentation
Effective Date
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Performance Indicators
Maintenance Services
Order
Products
Product Specifications
Purchase Price
Quality Standards
Related Services
Service Credits
Service Levels
Service Specifications
Supplier
Support Services
Technical Documentation
Term
Territory
Training Services
Warranty Period
Working Hours
Change Request
Emergency Maintenance
Implementation Services
Performance Standards
Response Time
Scheduled Maintenance
Service Fees
Spare Parts
Specifications
Third Party Components
Updates
Acceptance Criteria
Applicable Law
Business Day
Confidential Information
Contract Year
Customer
Customer Materials
Defect
Delivery Location
Documentation
Effective Date
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Performance Indicators
Maintenance Services
Order
Products
Product Specifications
Purchase Price
Quality Standards
Related Services
Service Credits
Service Levels
Service Specifications
Supplier
Support Services
Technical Documentation
Term
Territory
Training Services
Warranty Period
Working Hours
Change Request
Emergency Maintenance
Implementation Services
Performance Standards
Response Time
Scheduled Maintenance
Service Fees
Spare Parts
Specifications
Third Party Components
Updates
Clauses
Definitions
Scope of Supply
Service Provision
Ordering Process
Delivery Terms
Acceptance Testing
Price and Payment
Service Levels
Quality Requirements
Warranties
Liability Limitation
Intellectual Property
Confidentiality
Data Protection
Force Majeure
Term and Termination
Assignment and Subcontracting
Insurance
Compliance
Anti-Corruption
Export Control
Notice
Governing Law
Dispute Resolution
Entire Agreement
Severability
Health and Safety
Environmental Compliance
Personnel
Training
Documentation
Maintenance
Support Services
Performance Standards
Remedies
Change Management
Audit Rights
Business Continuity
Product Returns
Spare Parts
Implementation
Scope of Supply
Service Provision
Ordering Process
Delivery Terms
Acceptance Testing
Price and Payment
Service Levels
Quality Requirements
Warranties
Liability Limitation
Intellectual Property
Confidentiality
Data Protection
Force Majeure
Term and Termination
Assignment and Subcontracting
Insurance
Compliance
Anti-Corruption
Export Control
Notice
Governing Law
Dispute Resolution
Entire Agreement
Severability
Health and Safety
Environmental Compliance
Personnel
Training
Documentation
Maintenance
Support Services
Performance Standards
Remedies
Change Management
Audit Rights
Business Continuity
Product Returns
Spare Parts
Implementation
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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