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Buy Sell Contract

Buy Sell Contract Template for Germany

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Key Requirements PROMPT example:

Buy Sell Contract

"I need a Buy-Sell Contract under German law for the sale of industrial machinery from our manufacturing company to a corporate buyer in Munich, with specific provisions for installation, training, and a 24-month warranty period starting from March 2025."

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Document background
The Buy-Sell Contract (Kaufvertrag) is a fundamental commercial document used to formalize transactions for the sale of goods under German law. This document is essential for both business-to-business and business-to-consumer transactions, incorporating requirements from the German Civil Code (BGB) and Commercial Code (HGB). It serves to clearly define the rights and obligations of both parties, including specific details about the goods being sold, payment terms, delivery conditions, and warranty provisions. The contract is particularly important for maintaining legal compliance in German commercial transactions and provides a framework for managing potential disputes. It can be used for both single transactions and ongoing supply relationships, with provisions that can be tailored to specific industry requirements while maintaining compliance with German legal standards.
Suggested Sections

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 the parties' intention to enter into the sale agreement

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

4. Object of Sale: Detailed description of the goods or items being sold, including quantity, quality, and specifications

5. Purchase Price: The agreed purchase price, currency, and whether it includes VAT

6. Payment Terms: Terms and conditions of payment, including method and timing

7. Delivery: Delivery terms, timing, location, and transfer of risk (Gefahrübergang)

8. Title Transfer: Conditions and timing for the transfer of ownership (Eigentumsübergang)

9. Warranties: Statutory and additional warranties regarding the condition and quality of the goods

10. Liability: Extent and limitations of liability for both parties

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

12. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes

13. Signatures: Execution block for parties' signatures and date

Optional Sections

1. Retention of Title: Extended clause for retention of title (Eigentumsvorbehalt) - use when seller wants to retain ownership until full payment

2. Inspection Rights: Buyer's rights to inspect goods - important for commercial transactions or high-value goods

3. Confidentiality: Confidentiality obligations - use when sensitive information is involved

4. Force Majeure: Force majeure provisions - important for long-term or international sales contracts

5. Insurance: Insurance requirements - relevant for high-value goods or during transit

6. Compliance: Regulatory compliance obligations - use when dealing with regulated goods or international sales

7. Assignment: Rights and restrictions regarding assignment - important for complex commercial transactions

8. CISG Exclusion: Explicit exclusion of CISG - use for international sales where German law is preferred exclusively

Suggested Schedules

1. Technical Specifications: Detailed technical specifications of the goods being sold

2. Delivery Schedule: Detailed delivery timeline and logistics arrangements

3. Payment Schedule: Breakdown of payment installments and timing if not a single payment

4. Quality Standards: Specific quality requirements and standards the goods must meet

5. Warranty Certificate: Detailed warranty terms and conditions

6. Documentation List: List of required documents to be provided with the goods

7. Inspection Protocol: Procedures and criteria for goods inspection and acceptance

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions

































Clauses


































Relevant Industries

Manufacturing

Retail

Wholesale

Automotive

Technology

Industrial Equipment

Consumer Goods

Agriculture

Energy

Construction

Electronics

Food and Beverage

Pharmaceuticals

Raw Materials

Machinery

Relevant Teams

Legal

Procurement

Sales

Commercial

Finance

Operations

Compliance

Risk Management

Supply Chain

Business Development

Relevant Roles

Procurement Manager

Sales Director

Contract Manager

Legal Counsel

Commercial Director

Business Development Manager

Supply Chain Manager

Operations Manager

Chief Financial Officer

Purchase Officer

Sales Representative

Compliance Officer

Risk Manager

General Manager

Corporate Lawyer

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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