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Sellers Contract

Sellers Contract Template for Germany

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Key Requirements PROMPT example:

Sellers Contract

"I need a Seller's Contract under German law for my manufacturing business to sell industrial equipment to business customers, with specific provisions for technical specifications, installation services, and extended warranty terms beginning from March 2025."

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Document background
The Seller's Contract (Kaufvertrag) is a fundamental commercial document used in German business transactions for the sale of goods or products. It is designed to comply with German law, particularly the provisions of the Bürgerliches Gesetzbuch (BGB) and Handelsgesetzbuch (HGB). This document is essential when a business or individual is selling goods and needs to establish clear terms regarding pricing, delivery, warranties, and risk transfer. The contract can be adapted for both B2B and B2C transactions, incorporating necessary consumer protection provisions where applicable. It includes mandatory German law requirements regarding warranty rights, liability limitations, and, for consumer contracts, withdrawal rights. The Seller's Contract is particularly valuable for businesses operating in Germany or engaging in cross-border transactions where German law is the chosen governing law.
Suggested Sections

1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and registration details if applicable

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

3. Definitions: Key terms used throughout the agreement, ensuring consistent interpretation

4. Subject Matter of Sale: Detailed description of the goods or products being sold

5. Purchase Price and Payment Terms: Price, payment schedule, payment methods, and late payment consequences

6. Delivery Terms: Delivery conditions, timing, and transfer of risk according to German law

7. Title and Risk: Provisions regarding transfer of ownership and risk allocation

8. Warranties and Representations: Standard warranties for the goods and seller's representations

9. Liability and Limitation: Scope of liability and any limitations in accordance with German law

10. Term and Termination: Duration of the agreement and termination provisions

11. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

12. Miscellaneous: Standard boilerplate provisions including severability and entire agreement

Optional Sections

1. Consumer Protection Rights: Additional provisions required for B2C contracts, including withdrawal rights (Widerrufsrecht)

2. Quality Assurance: Specific quality standards and testing procedures for complex products

3. Intellectual Property Rights: IP provisions when selling branded or protected products

4. Compliance with Export Controls: Required for international sales or restricted products

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

6. After-Sales Service: Terms for maintenance, repair, or support services

7. Return Policy: Specific terms for product returns beyond statutory requirements

Suggested Schedules

1. Product Specification: Detailed technical specifications and descriptions of the goods

2. Price List: Detailed pricing information, especially for multiple products or variable pricing

3. Delivery Schedule: Specific delivery timeframes and locations if multiple deliveries are planned

4. Quality Standards: Detailed quality requirements and testing procedures

5. Warranty Certificate: Detailed warranty terms and procedures

6. Return Form: Standard form for processing returns (especially important for B2C contracts)

7. Documentation Requirements: List of required documentation for specific products (e.g., technical manuals, certificates)

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

Retail

Manufacturing

E-commerce

Wholesale Trade

Consumer Goods

Industrial Equipment

Technology

Automotive

Fashion and Apparel

Food and Beverage

Construction Materials

Electronics

Medical Supplies

Agriculture

Relevant Teams

Legal

Sales

Commercial

Compliance

Operations

Contract Administration

Risk Management

Supply Chain

Customer Service

Business Development

Procurement

Quality Assurance

Relevant Roles

Sales Manager

Commercial Director

Legal Counsel

Contract Manager

Business Development Manager

Procurement Manager

Compliance Officer

Sales Operations Manager

General Manager

Account Executive

E-commerce Manager

Retail Operations Manager

Supply Chain Manager

Chief Commercial Officer

Risk 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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