Ƶ

Commercial Agreement for Germany

Commercial Agreement Template for Germany

A comprehensive legal document governed by German law that establishes and regulates commercial relationships between business entities. This agreement incorporates requirements from both the German Civil Code (BGB) and Commercial Code (HGB), providing a structured framework for business transactions, services, or ongoing commercial relationships. It includes detailed provisions for rights, obligations, liabilities, and operational procedures, while ensuring compliance with German commercial law requirements, including specific provisions for merchant relationships (Kaufleute) and commercial transactions (Handelsgeschäfte).

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Commercial Agreement

Let Ƶ's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.

What is a Commercial Agreement?

This Commercial Agreement template is designed for use in business-to-business relationships under German law. It serves as a foundational document for establishing and managing commercial relationships between merchants (Kaufleute) or business entities. The agreement incorporates essential requirements from the German Civil Code (BGB) and Commercial Code (HGB), making it suitable for various commercial transactions, including supply arrangements, service provisions, distribution relationships, or general business partnerships. It's particularly valuable when businesses need a robust legal framework that addresses specific German law requirements, including statutory warranties, liability provisions, and commercial customs. The document should be customized based on the specific commercial relationship while maintaining compliance with German commercial law principles and mandatory legal requirements.

What sections should be included in a Commercial Agreement?

1. Parties: Formal identification of the contracting parties including registered addresses and company details

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Subject Matter of the Agreement: Clear description of the primary purpose and scope of the agreement

5. Duration and Term: Contract period, commencement date, and termination provisions

6. Rights and Obligations of Party A: Detailed description of the first party's responsibilities and rights

7. Rights and Obligations of Party B: Detailed description of the second party's responsibilities and rights

8. Pricing and Payment Terms: Financial terms, payment schedules, and invoicing requirements

9. Warranties and Representations: Statements of fact and promises made by each party

10. Liability and Limitations: Extent and limitations of parties' liability under German law

11. Confidentiality: Protection of confidential information and trade secrets

12. Force Majeure: Provisions for unforeseen circumstances preventing contract fulfillment

13. Termination: Grounds and procedures for contract termination

14. Notices: Communication procedures and contact details

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

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

What sections are optional to include in a Commercial Agreement?

1. Intellectual Property Rights: Required when the agreement involves IP transfer, licensing, or protection

2. Data Protection: Required when personal data processing is involved, ensuring GDPR compliance

3. Non-Competition: Used when parties agree to restrict competitive activities

4. Quality Assurance: Important for agreements involving product supply or service delivery standards

5. Insurance: Required when specific insurance coverage needs to be maintained

6. Compliance with Laws: Detailed compliance obligations for regulated industries or activities

7. Personnel and Subcontractors: Required when services involve deployment of personnel or use of subcontractors

8. Change Management: Procedures for handling changes to services or products during the contract term

9. Service Levels: Include when specific performance metrics need to be maintained

10. Exit Management: Required for complex agreements where transition arrangements are needed upon termination

What schedules should be included in a Commercial Agreement?

1. Schedule 1 - Services/Products Specification: Detailed description of services or products covered by the agreement

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

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

4. Schedule 4 - Data Processing Agreement: Required GDPR compliance documentation if personal data is processed

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

6. Schedule 6 - Contact Details: List of key contacts and escalation procedures

7. Schedule 7 - Form of Notice: Template forms for formal notices under the agreement

8. Appendix A - Required Insurances: Details of insurance requirements and coverage levels

9. Appendix B - Approved Subcontractors: List of pre-approved subcontractors if applicable

10. Appendix C - Security Requirements: IT security and physical security requirements if applicable

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

Agreement Contract

Cost

Free to use
Relevant legal definitions













































Clauses






























Relevant Industries

Manufacturing

Technology

Retail

Professional Services

Logistics

Healthcare

Financial Services

Construction

Energy

Telecommunications

Automotive

Consumer Goods

Software and IT

Industrial Equipment

Food and Beverage

Relevant Teams

Legal

Commercial

Procurement

Sales

Finance

Operations

Risk and Compliance

Business Development

Supply Chain

Account Management

Project Management

Relevant Roles

Legal Counsel

Commercial Director

Business Development Manager

Procurement Manager

Sales Director

Contract Manager

Chief Financial Officer

Operations Manager

Risk Manager

Compliance Officer

Managing Director

General Manager

Supply Chain Manager

Account Manager

Project 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

Find the exact document you need

Enforceable Agreement

A legally binding agreement governed by German law, compliant with BGB requirements and commercial legislation.

Download

Bilateral Contract

A German law-governed bilateral contract establishing mutual obligations between two parties, compliant with BGB requirements.

Download

Basic Ordering Agreement

A German law-governed framework agreement establishing terms and conditions for future purchase orders between buyer and supplier.

Download

Franchise Agreement Draft

A German law-governed agreement establishing the rights and obligations between franchisor and franchisee for operating a franchised business in Germany.

Download

Consignment Agreement Form

A German law-governed agreement establishing terms for consignment sales arrangements, detailing rights and obligations between consignor and consignee.

Download

Partnership Agreement Form

A German law-governed agreement establishing and regulating a business partnership, outlining essential terms and conditions while ensuring compliance with German legal requirements.

Download

Registered Rent Agreement

A legally binding rental contract under German law that establishes the terms and conditions between landlord and tenant, compliant with BGB requirements and registration obligations.

Download

Written Agreement

A formal Written Agreement compliant with German law requirements, establishing legally binding obligations between parties under German jurisdiction.

Download

Simple Agreement

A basic contract template governed by German law, suitable for straightforward business arrangements and basic transactions.

Download

Side Agreement

A German law-governed supplementary contract that modifies or clarifies terms of an existing main agreement while maintaining its core structure.

Download

Mutual Agreement Between Two Parties

A German law-governed mutual agreement establishing bilateral obligations and rights between two contracting parties, structured according to BGB requirements.

Download

Incorporation Agreement

A German legal document establishing a new company and defining its structure, governance, and shareholder relationships under German corporate law.

Download

Formal Agreement

A formal agreement template compliant with German law, structured according to BGB requirements and commercial practices.

Download

Tooling Agreement

A German law contract governing the manufacture, use, and maintenance of industrial tools and equipment between manufacturers and tool owners.

Download

Residential Tenancy Agreement Standard Form Of Lease

Standard German residential lease agreement (Mietvertrag) compliant with German tenancy law, establishing terms between landlord and tenant.

Download

Representation Agreement

A German law-governed agreement establishing the terms and conditions for commercial representation, compliant with HGB and BGB requirements.

Download

Land Agreement Between Two Parties

A German law-governed agreement for land transactions between two parties, complying with BGB requirements and land registry regulations.

Download

Contract Agreement Between Two Parties

A German law-governed contract agreement establishing legal terms and conditions between two parties, compliant with BGB requirements.

Download

Common Terms Agreement

A German law-governed agreement establishing common terms for syndicated lending arrangements, serving as the primary document for multi-lender financing structures.

Download

Buyer Agency Agreement

A German law-governed agreement establishing the relationship between a property buyer and real estate agent, defining services, obligations, and commission terms.

Download

Agreement To Perform Work

A German law-governed contract establishing terms for specific work performance or project delivery between a contractor and client.

Download

Commercial Lease Form

A German law-governed lease agreement for commercial properties, establishing terms for rental, usage, and obligations under German commercial property regulations.

Download

Contra Agreement

A German law-governed agreement facilitating the direct exchange of goods/services between parties without monetary payment.

Download

Lease Agreement

A German law-governed agreement establishing rental terms between landlord and tenant, complying with BGB requirements and German tenant protection regulations.

Download

Contractual Agreement

A legally binding agreement under German law (BGB) establishing contractual obligations between parties, structured according to German legal requirements.

Download

Security Agreement Form

A German law agreement establishing security interests over assets to secure financial obligations, governed by the BGB and HGB.

Download

Labour Contract Agreement For Construction Of House

German law-compliant labor contract for house construction workers, incorporating construction industry regulations and safety requirements.

Download

Partnership Agreement

A German law-governed agreement establishing a business partnership and defining partners' rights, obligations, and operational framework.

Download

Business Cooperation Agreement

A German law-governed agreement establishing terms and conditions for business cooperation between multiple parties, defining mutual obligations and collaboration framework.

Download

Lodger Agreement

A German law-governed agreement between a main tenant and a lodger for renting a room in a shared living arrangement, including terms for rent, shared spaces, and house rules.

Download

Consulting Agreement

German law consulting agreement establishing terms for professional consulting services, compliant with German civil and commercial law requirements.

Download

Head Of Terms Agreement

A preliminary agreement under German law outlining key terms and conditions for a proposed business transaction, distinguishing between binding and non-binding provisions.

Download

Supply Contract Form

A German law-governed agreement establishing terms and conditions for regular supply of goods between supplier and buyer, incorporating key requirements of German commercial law.

Download

Business Contract

A German law-governed business contract establishing commercial relationships between business entities, compliant with BGB and HGB requirements.

Download

Umbrella Agreement

German law master agreement establishing framework terms for future commercial relationships, incorporating specific German legal requirements.

Download

Share Purchase Agreement

A German law-governed agreement for the sale and purchase of company shares, setting out terms, conditions, and warranties for the transfer of ownership.

Download

Rent To Own Agreement Form

A German legal document combining rental and purchase agreements, allowing tenants to rent property with future purchase rights while complying with German property law requirements.

Download

Yearly Contract Agreement

A German law-governed agreement establishing a one-year contractual relationship with defined terms, conditions, and obligations between parties.

Download

White Label Agreement

A German law-governed agreement enabling one company to rebrand and sell another company's products or services under their own brand name.

Download

Website Development Agreement

German-law governed agreement for website development services, outlining project terms, deliverables, and legal obligations between developer and client.

Download
See more related templates

ұԾ’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; ұԾ’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it