Purchase And Resale Agreement

Purchase And Resale Agreement Template for Germany

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Key Requirements PROMPT example:

"I need a Purchase and Resale Agreement under German law for my electronics manufacturing company to appoint an exclusive distributor in Bavaria, with minimum purchase requirements of €500,000 annually starting January 2025."

Document background

The Purchase and Resale Agreement is a fundamental commercial contract used in German business transactions where one party sells products to another party specifically for resale purposes. This agreement is essential for establishing clear distribution channels and maintaining product quality throughout the supply chain. It is particularly relevant when structuring ongoing business relationships that require detailed terms for ordering, delivery, pricing, and product handling. The document must comply with German legal requirements, including the Civil Code (BGB) and Commercial Code (HGB), while addressing practical business needs such as quality standards, warranty obligations, and intellectual property protection. It's commonly used by manufacturers, distributors, and retailers looking to establish long-term, legally sound commercial relationships in the German market, with provisions that can accommodate both domestic and international trade considerations.

Suggested Sections

1. Parties: Identification and details of the seller and purchaser/reseller

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

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

4. Subject Matter of Agreement: Description of the products/goods to be purchased and resold

5. Purchase Orders and Pricing: Process for placing orders and determining prices, including any price adjustment mechanisms

6. Delivery and Transfer of Title: Terms of delivery, risk transfer, and ownership transfer

7. Payment Terms: Payment conditions, invoicing, and payment methods

8. Quality Requirements: Product specifications, quality standards, and inspection rights

9. Warranties and Liability: Warranties provided by seller and liability limitations

10. Intellectual Property Rights: Rights to trademarks, patents, and other IP in relation to the products

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

12. Confidentiality: Protection of confidential information exchanged between parties

13. Governing Law and Jurisdiction: Application of German law and jurisdiction for disputes

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

Optional Sections

1. Minimum Purchase Requirements: Used when specific minimum purchase quantities are required

2. Territory and Exclusivity: Include when there are geographical restrictions or exclusive rights granted

3. Marketing and Promotion: Required when specific marketing obligations are imposed on the reseller

4. Training and Support: Include when seller provides product training or technical support

5. Stock Requirements: Used when minimum stock levels must be maintained

6. Returns and Stock Rotation: Include when there are specific provisions for product returns or stock rotation

7. Competition Restrictions: Used when including non-compete or similar restrictions

8. Compliance Requirements: Include when specific regulatory compliance obligations need to be addressed

9. Insurance Requirements: Used when specific insurance coverage is required

10. Data Protection: Include when personal data processing is involved in the relationship

Suggested Schedules

1. Product Specifications: Detailed technical specifications of products

2. Price List: Current prices and any volume-based discounts

3. Territory Map: Geographical areas covered by the agreement

4. Quality Standards: Detailed quality requirements and testing procedures

5. Service Level Agreement: Details of support services and response times

6. Trademark Usage Guidelines: Rules for using seller's trademarks and branding

7. Return Procedures: Detailed procedures for handling product returns

8. Warranty Processing: Procedures for handling warranty claims

9. Approved Sub-distributors: List of approved sub-distributors if permitted

10. Compliance Certificates: Required regulatory or quality certifications

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Consumer Goods

Electronics

Automotive

Industrial Equipment

Pharmaceuticals

Food and Beverage

Fashion and Apparel

Construction Materials

Medical Devices

Chemicals

Hardware and Tools

Sporting Goods

Technology Products

Relevant Teams

Legal

Procurement

Sales

Commercial Operations

Supply Chain

Finance

Compliance

Operations

Business Development

Distribution

Logistics

Relevant Roles

Chief Executive Officer

Commercial Director

Procurement Manager

Sales Director

Legal Counsel

Supply Chain Manager

Business Development Manager

Operations Director

Contract Manager

Distribution Manager

Compliance Officer

Finance Director

Commercial Operations Manager

Logistics Manager

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Authors

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