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Resale Agreement Draft Template for Germany

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Key Requirements PROMPT example:

Resale Agreement Draft

"I need a Resale Agreement Draft governed by German law for my software company to appoint authorized resellers across the EU, with specific provisions for cloud-based products and data protection compliance, to be implemented by March 2025."

Document background
This Resale Agreement Draft is designed for use in the German market where a company wishes to establish a formal distribution channel through authorized resellers. The document is specifically structured to comply with German legal requirements, including the German Civil Code (BGB), Commercial Code (HGB), and relevant EU regulations. It's particularly important when a manufacturer or supplier wants to maintain control over how their products are sold while ensuring compliance with German competition law. The agreement includes detailed provisions on territorial rights, pricing policies, intellectual property protection, and quality control measures. This type of agreement is essential for businesses expanding their distribution network in Germany and requires careful consideration of both domestic and EU regulatory frameworks.
Suggested Sections

1. Parties: Identification and details of the contracting parties (supplier and reseller)

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

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

4. Appointment and Scope: Terms of reseller appointment, territory, and scope of authority

5. Products: Description of products covered by the agreement

6. Ordering and Delivery: Process for ordering products, delivery terms, and logistics

7. Prices and Payment: Pricing structure, payment terms, and invoicing procedures

8. Obligations of the Supplier: Supplier's duties including product supply, support, and training

9. Obligations of the Reseller: Reseller's duties including marketing, sales efforts, and reporting

10. Intellectual Property Rights: Protection and usage of trademarks, patents, and other IP

11. Confidentiality: Protection of confidential information and trade secrets

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

13. Post-Termination: Obligations and rights after agreement termination

14. General Provisions: Standard legal provisions including notices, amendments, and governing law

Optional Sections

1. Minimum Purchase Requirements: Used when specific purchase quotas or targets are required

2. Marketing and Promotion: Detailed marketing obligations when specific promotional activities are required

3. Training Requirements: When specific training or certification is required for reselling

4. Product Warranty: Specific warranty terms if different from standard terms

5. Competition Restrictions: Non-compete provisions where permitted by law

6. Data Protection: Detailed GDPR compliance provisions when personal data is processed

7. Insurance Requirements: Specific insurance obligations beyond standard coverage

8. Quality Control: Specific quality standards and monitoring procedures

9. After-Sales Service: When specific after-sales service obligations are required

10. Export Control: When products are subject to export restrictions

Suggested Schedules

1. Schedule 1 - Product List: Detailed list of products covered by the agreement

2. Schedule 2 - Price List: Current prices and discount structures

3. Schedule 3 - Territory Definition: Detailed description of authorized sales territory

4. Schedule 4 - Service Level Agreement: Specific service levels and performance metrics

5. Schedule 5 - Technical Requirements: Technical specifications and requirements

6. Appendix A - Trademark Usage Guidelines: Rules for using supplier's trademarks and branding

7. Appendix B - Reporting Templates: Standard forms for required reporting

8. Appendix C - Return Policy: Procedures for handling product returns and claims

Authors

Alex Denne

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

Relevant legal definitions









































Clauses







































Relevant Industries

Technology

Consumer Goods

Electronics

Automotive

Industrial Equipment

Medical Devices

Software

Telecommunications

Fashion and Apparel

Machinery

Chemical Products

Pharmaceuticals

Food and Beverage

Construction Materials

Relevant Teams

Legal

Commercial

Sales

Business Development

Procurement

Distribution

Compliance

Operations

Supply Chain

Contract Management

Channel Management

Relevant Roles

Legal Counsel

Commercial Director

Sales Director

Business Development Manager

Contract Manager

Procurement Manager

Distribution Manager

Channel Manager

Compliance Officer

Chief Commercial Officer

Regional Sales Manager

Operations Director

Supply Chain Manager

General Counsel

Managing Director

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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