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Logistics Agreement Template for Germany

A comprehensive legal agreement governed by German law that establishes the terms and conditions for logistics services, including transportation, warehousing, and related supply chain operations. The document incorporates requirements from the German Commercial Code (HGB) and German Civil Code (BGB), while also addressing EU regulations relevant to logistics operations. It details service levels, operational procedures, liability provisions, pricing structures, and compliance requirements specific to the German market, ensuring alignment with both domestic and EU transportation laws.

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What is a Logistics Agreement?

The Logistics Agreement serves as the primary contractual framework for establishing comprehensive logistics services relationships under German law. This document is essential when companies require professional logistics services, including transportation, warehousing, inventory management, and related supply chain operations. The agreement ensures compliance with German commercial laws, particularly the Handelsgesetzbuch (HGB) and B眉rgerliches Gesetzbuch (BGB), while incorporating relevant EU regulations. It is typically used when businesses need to outsource their logistics operations to professional service providers, requiring detailed service level agreements, operational procedures, liability frameworks, and pricing structures. The document addresses specific German legal requirements for transportation and logistics, including mandatory insurance provisions, liability limitations, and data protection requirements under GDPR.

What sections should be included in a Logistics Agreement?

1. Parties: Identification of the logistics service provider and the customer, including full legal names, registration details, and addresses

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

3. Definitions: Detailed definitions of technical terms, industry-specific terminology, and key concepts used throughout the agreement

4. Scope of Services: Detailed description of logistics services to be provided, including transportation, warehousing, and handling requirements

5. Service Levels: Specific performance metrics, KPIs, and minimum service standards

6. Operational Procedures: Day-to-day operational requirements, communication protocols, and standard procedures

7. Pricing and Payment Terms: Fee structure, payment terms, invoicing procedures, and price adjustment mechanisms

8. Liability and Insurance: Allocation of risks, liability limitations, and mandatory insurance requirements as per German law

9. Term and Termination: Duration of the agreement, renewal provisions, and termination rights

10. Force Majeure: Circumstances excusing performance and related procedures

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: GDPR compliance and data handling requirements

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

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

What sections are optional to include in a Logistics Agreement?

1. Customs and Import/Export: Required when services include international shipping or cross-border transportation

2. Dangerous Goods Handling: Necessary when transportation of hazardous materials is involved

3. Temperature-Controlled Services: Required for cold chain logistics or temperature-sensitive goods

4. IT Systems and Integration: Needed when specific software or system integration is part of the services

5. Subcontracting: Required when the logistics provider may use third-party services

6. Performance Incentives: Optional bonus/penalty system for service level achievement

7. Sustainability Requirements: Environmental standards and green logistics requirements

8. Training and Staff Requirements: Specific personnel qualifications or training requirements

9. Security Requirements: Additional security measures for high-value or sensitive goods

What schedules should be included in a Logistics Agreement?

1. Schedule 1 - Service Specifications: Detailed technical specifications of all logistics services

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

3. Schedule 3 - Service Level Agreement (SLA): Detailed performance metrics, measurement methods, and reporting requirements

4. Schedule 4 - Operating Procedures Manual: Detailed operational processes and procedures

5. Schedule 5 - Key Personnel: List of key contacts and responsible personnel from both parties

6. Schedule 6 - Facilities and Equipment: Specifications of warehouses, vehicles, and equipment to be used

7. Schedule 7 - Insurance Requirements: Detailed insurance coverage requirements and minimum limits

8. Schedule 8 - GDPR Processing Agreement: Detailed data processing terms compliant with GDPR requirements

9. Appendix A - Required Documents and Forms: Templates for operational documents, PODs, reports

10. Appendix B - Emergency Procedures: Protocols for handling emergencies and contingency plans

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Germany

Document Type

Service Agreement

Cost

Free to use

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