The Simple Buy-Sell Agreement is a fundamental commercial contract used to document and formalize sales transactions under German law. This template is specifically designed for situations where one party (the seller) agrees to transfer ownership of specific goods or assets to another party (the buyer) for an agreed monetary consideration. It incorporates all essential elements required by the German Civil Code (BGB) while remaining straightforward enough for regular business use. The document is particularly useful for businesses engaged in routine purchase and sale transactions, whether one-time deals or recurring arrangements, and can be adapted for both B2B and B2C contexts. While comprehensive in covering key aspects like payment terms, delivery conditions, and warranties, this Simple Buy-Sell Agreement maintains clarity and usability for non-legal professionals while ensuring legal compliance.
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1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and registration details if companies
2. Background: Context of the transaction and brief description of what each party brings to the agreement
3. Definitions: Clear definitions of key terms used throughout the agreement
4. Subject Matter of Sale: Detailed description of the goods or assets being sold
5. Purchase Price: The agreed price, payment terms, method of payment, and any conditions attached to payment
6. Delivery: Terms and conditions of delivery, including timing, location, and transfer of risk
7. Warranties and Representations: Standard warranties about ownership, condition, and quality of the goods
8. Liability and Indemnification: Scope of liability and indemnification obligations of both parties
9. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
10. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes
11. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments
1. Intellectual Property Rights: Required when the sale involves items with associated IP rights
2. Confidentiality: Needed when sensitive information will be exchanged during the transaction
3. Due Diligence: Important for complex assets requiring verification before purchase
4. Post-Sale Services: Include when the seller will provide support or services after the sale
5. Export Control: Required for international sales or restricted goods
6. Force Majeure: Important for sales with delayed delivery or ongoing obligations
7. Data Protection: Required when personal data processing is involved in the transaction
1. Schedule 1 - Product Specification: Detailed technical specifications of the goods being sold
2. Schedule 2 - Price Breakdown: Itemized breakdown of the purchase price if multiple items or components
3. Schedule 3 - Delivery Schedule: Detailed timeline for delivery if multiple items or staged delivery
4. Schedule 4 - Warranty Terms: Detailed warranty conditions and procedures
5. Appendix A - Required Documentation: List of documents to be provided with the goods (e.g., certificates, manuals)
6. Appendix B - Acceptance Protocol: Form for confirming receipt and acceptance of goods
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