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Procurement Agreement for Germany

Procurement Agreement Template for Germany

A comprehensive legal agreement governed by German law that establishes the terms and conditions for the procurement of goods and/or services between parties. The document incorporates requirements from the German Civil Code (BGB), Commercial Code (HGB), and where applicable, public procurement regulations (GWB and VgV). It addresses key aspects including ordering processes, delivery terms, quality requirements, warranties, and payment conditions, while ensuring compliance with German contract law principles and EU regulations where relevant. The agreement can be structured either as a single procurement contract or as a framework agreement for ongoing supply relationships.

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What is a Procurement Agreement?

This Procurement Agreement template is designed for use in commercial transactions governed by German law, whether for single procurement events or ongoing supply relationships. It serves as a comprehensive framework for managing procurement relationships, incorporating key requirements from German commercial law (HGB), civil law (BGB), and where applicable, public procurement regulations. The document is particularly valuable for businesses operating in Germany or entities engaging with German suppliers/buyers, as it addresses specific German legal requirements while maintaining commercial practicality. The agreement covers essential elements including ordering mechanisms, quality standards, warranty provisions, and risk allocation, while ensuring compliance with German contract law principles regarding general terms and conditions (AGB-Recht). For public sector procurement, additional provisions ensure compliance with GWB and VgV requirements.

What sections should be included in a Procurement Agreement?

1. Parties: Identification and details of the contracting parties including registration numbers and authorized representatives

2. Background: Context of the agreement and brief description of the procurement relationship

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

4. Scope of Supply: Detailed description of goods/services to be provided

5. Ordering Process: Procedures for placing and accepting orders

6. Pricing and Payment Terms: Pricing structure, payment terms, invoicing requirements, and any price adjustment mechanisms

7. Delivery and Acceptance: Delivery terms, timelines, and acceptance procedures

8. Quality Requirements: Quality standards, specifications, and quality control procedures

9. Warranties: Supplier warranties and guarantees for goods/services

10. Liability and Indemnification: Allocation of risks and responsibilities between parties

11. Term and Termination: Duration of agreement and termination provisions

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

15. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

What sections are optional to include in a Procurement Agreement?

1. Compliance with Public Procurement Law: Required for public sector procurement - includes specific provisions required by GWB and VgV

2. Framework Terms: Used when establishing a framework agreement with multiple call-offs

3. Service Levels: Include when procuring services with specific performance requirements

4. Insurance Requirements: Detailed insurance obligations for high-risk or high-value procurement

5. Data Protection: Required when personal data processing is involved

6. Intellectual Property Rights: Include when procurement involves IP creation or licensing

7. Environmental Compliance: Required for procurement with specific environmental requirements

8. Social Responsibility: Include for procurement requiring specific labor or social standards

9. Export Control: Required for international procurement or controlled goods

What schedules should be included in a Procurement Agreement?

1. Schedule 1 - Technical Specifications: Detailed technical requirements and specifications of goods/services

2. Schedule 2 - Pricing Schedule: Detailed pricing information, rates, and calculation methods

3. Schedule 3 - Service Levels and KPIs: Performance metrics and measurement criteria

4. Schedule 4 - Form of Purchase Order: Template for individual orders under the agreement

5. Schedule 5 - Quality Management Requirements: Detailed quality control procedures and standards

6. Schedule 6 - Delivery Locations: List of approved delivery locations and specific requirements

7. Schedule 7 - Contact Details: Key contact persons and escalation matrix

8. Schedule 8 - Compliance Requirements: Specific regulatory or internal compliance requirements

9. Appendix A - Required Certifications: Copies of required certifications and permits

10. Appendix B - Insurance Certificates: Proof of required insurance coverage

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

Document Type

Service Contract

Cost

Free to use
Relevant legal definitions












































Clauses












































Relevant Industries

Manufacturing

Technology

Retail

Public Sector

Healthcare

Construction

Automotive

Energy

Telecommunications

Professional Services

Industrial

Consumer Goods

Logistics

Defense

Infrastructure

Relevant Teams

Legal

Procurement

Supply Chain

Finance

Operations

Compliance

Risk Management

Commercial

Sourcing

Vendor Management

Relevant Roles

Procurement Manager

Legal Counsel

Supply Chain Director

Commercial Director

Contract Manager

Chief Procurement Officer

Purchasing Agent

Operations Manager

Finance Director

Compliance Officer

Risk Manager

Category Manager

Sourcing Specialist

Vendor Manager

General Counsel

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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