The Revolving Agreement template is designed for use in commercial relationships requiring a framework for recurring obligations under German law. It is particularly valuable for businesses seeking to establish long-term relationships involving regular supplies, services, or credit arrangements. The document incorporates essential provisions required by German civil law (BGB) and commercial law (HGB), including specific requirements for standard business terms (AGB-Recht), consumer protection (if applicable), and precise termination mechanisms. This template is structured to accommodate various commercial scenarios, from straightforward supply arrangements to complex service relationships, while ensuring compliance with German legal requirements for ongoing commercial relationships. The agreement includes comprehensive provisions for ordering processes, delivery terms, payment arrangements, and service levels, making it suitable for both B2B and B2C contexts where regular, recurring obligations are contemplated.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Subject Matter of the Agreement: Core description of the revolving services or goods to be provided
5. Term and Renewal: Initial term and automatic renewal provisions, including notice periods
6. Payment Terms: Pricing, payment schedule, and invoicing arrangements
7. Service Levels: Quality and performance standards for the recurring services/deliveries
8. Ordering Process: Procedures for placing and confirming recurring orders
9. Delivery Terms: Terms and conditions for regular delivery of goods/services
10. Rights and Obligations: Key responsibilities and rights of each party
11. Termination: Termination rights, notice periods, and consequences of termination
12. Confidentiality: Protection of confidential information exchanged during the relationship
13. Liability and Indemnification: Limitation of liability and indemnification provisions
14. Force Majeure: Provisions for handling unforeseen circumstances
15. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
16. Miscellaneous: Standard boilerplate provisions including severability and entire agreement
1. Consumer Protection Rights: Additional protections required for B2C agreements, including withdrawal rights
2. Data Protection: GDPR compliance provisions, required when personal data is processed
3. Price Adjustment Mechanism: Framework for periodic price adjustments, recommended for long-term agreements
4. Quality Control: Detailed quality assurance processes, important for goods-based revolving agreements
5. Minimum Purchase Requirements: Minimum order quantities or values, typically for B2B arrangements
6. Insurance Requirements: Specific insurance obligations, relevant for high-value or high-risk services
7. Intellectual Property Rights: IP provisions, necessary when intellectual property is involved
8. Change Management: Procedures for modifying service specifications or terms over time
9. Compliance with Laws: Specific regulatory compliance requirements for regulated industries
1. Schedule 1 - Service Specification: Detailed description of goods/services to be provided
2. Schedule 2 - Pricing Schedule: Detailed pricing structure, including any volume discounts
3. Schedule 3 - Service Levels and KPIs: Detailed performance metrics and measurement criteria
4. Schedule 4 - Operating Procedures: Detailed operational processes and procedures
5. Appendix A - Contact Details: Key contact information for both parties
6. Appendix B - Technical Requirements: Technical specifications or requirements
7. Appendix C - Form of Order: Standard order form template
8. Appendix D - Reporting Requirements: Ƶ and specifications for required reports
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