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Business Agreement Between Two Companies for Germany

Business Agreement Between Two Companies Template for Germany

A comprehensive business agreement template designed for commercial relationships between two companies under German law. This document incorporates essential elements required by the German Civil Code (BGB) and Commercial Code (HGB), ensuring compliance with German corporate and commercial regulations. The agreement provides a structured framework for defining business relationships, including detailed terms for services or goods, payment conditions, liability provisions, and dispute resolution mechanisms, while adhering to German legal requirements for business-to-business contracts.

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Business Agreement Between Two Companies

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What is a Business Agreement Between Two Companies?

This Business Agreement Between Two Companies serves as a fundamental legal framework for establishing and managing commercial relationships under German law. It is particularly useful when companies need to formalize their business arrangements, whether for service provision, goods supply, or ongoing commercial cooperation. The document ensures compliance with German legal requirements, including the Bürgerliches Gesetzbuch (BGB) and Handelsgesetzbuch (HGB), while providing comprehensive coverage of essential business terms, obligations, and risk allocation. It's designed to be adaptable across various industries while maintaining the specific formalities required in German business law, making it suitable for both domestic and international companies operating in Germany.

What sections should be included in a Business Agreement Between Two Companies?

1. Parties: Formal identification of the contracting companies, including registered names, addresses, and registration numbers

2. Background: Context of the agreement and business relationship between the parties

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

4. Subject Matter and Scope: Detailed description of the business relationship and services/goods to be provided

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

6. Rights and Obligations: Detailed responsibilities and rights of each party

7. Payment Terms: Pricing, payment schedules, invoicing requirements, and currency specifications

8. Confidentiality: Obligations regarding confidential information and trade secrets

9. Liability and Indemnification: Limitations of liability and indemnification obligations under German law

10. Force Majeure: Provisions for unforeseen circumstances preventing contract fulfillment

11. Dispute Resolution: Procedures for handling disputes, including jurisdiction and applicable law

12. General Provisions: Standard legal clauses including severability, entire agreement, and amendments

13. Signatures: Execution blocks for authorized representatives of both companies

What sections are optional to include in a Business Agreement Between Two Companies?

1. Intellectual Property Rights: Required when the agreement involves IP transfers, licenses, or creation of new IP

2. Data Protection: Necessary when personal data processing is involved, ensuring GDPR compliance

3. Quality Assurance: Important for manufacturing or service delivery agreements with specific quality standards

4. Non-Competition: Include when restricting parties from competing activities (subject to German competition law)

5. Insurance: Required when specific insurance coverage needs to be maintained

6. Compliance with Laws: Detailed compliance obligations for regulated industries or specific business activities

7. Personnel and Subcontractors: Include when services involve staff deployment or subcontractor usage

8. Audit Rights: Important for agreements requiring verification of compliance or financial audits

What schedules should be included in a Business Agreement Between Two Companies?

1. Schedule 1: Service Level Agreement: Detailed performance metrics and service levels

2. Schedule 2: Pricing Schedule: Detailed pricing structure, rates, and payment terms

3. Schedule 3: Technical Specifications: Technical requirements and specifications for products or services

4. Schedule 4: Data Processing Agreement: Detailed GDPR-compliant data processing terms if applicable

5. Schedule 5: Contact Details: Key contact persons and escalation matrix

6. Appendix A: Product/Service Description: Detailed description of products or services covered by the agreement

7. Appendix B: Compliance Requirements: Specific regulatory or industry compliance requirements

8. Appendix C: Form Templates: Standard forms for ordering, reporting, or other operational processes

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions










































Clauses







































Relevant Industries

Manufacturing

Technology and Software

Professional Services

Retail and Distribution

Financial Services

Healthcare

Construction

Logistics and Transportation

Energy and Utilities

Telecommunications

Industrial Services

Consumer Goods

Automotive

Chemical Industry

Consulting Services

Relevant Teams

Legal

Finance

Procurement

Sales

Business Development

Operations

Compliance

Risk Management

Commercial Operations

Contract Administration

Corporate Affairs

Supply Chain

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Legal Officer

Commercial Director

Procurement Manager

Sales Director

Contract Manager

Legal Counsel

Business Development Manager

Operations Director

Risk Manager

Compliance Officer

Head of Finance

Managing Director

General Counsel

Account Manager

Project Manager

Supply Chain 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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