The Warehousing Services Agreement is essential for businesses requiring professional storage and handling of goods in Germany. This document is typically used when a company needs to outsource its warehousing operations to a specialized service provider, establishing a formal relationship governed by German law. The agreement covers crucial aspects such as service scope, operational requirements, liability allocation, and pricing structure, while ensuring compliance with German Commercial Code (HGB) provisions on warehousing contracts. It's particularly important for businesses expanding their operations in Germany or requiring specialized storage solutions, as it provides legal protection and operational clarity for both parties while addressing specific German regulatory requirements.
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1. Parties: Identification of the warehouse operator 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 and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. Services Scope: Detailed description of warehousing services to be provided, including receipt, storage, handling, and dispatch of goods
5. Operational Requirements: Storage conditions, handling procedures, operating hours, and service levels
6. Customer Obligations: Customer responsibilities including proper packaging, documentation, and information provision
7. Fees and Payment Terms: Pricing structure, payment terms, invoicing procedures, and any additional charges
8. Liability and Insurance: Allocation of risk, liability limitations, and required insurance coverage in accordance with German law
9. Term and Termination: Duration of agreement, renewal terms, and termination rights
10. Force Majeure: Provisions for unforeseen circumstances affecting performance
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection: GDPR compliance and data processing terms
13. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes
14. General Provisions: Standard legal provisions including notices, amendments, and severability
1. Dangerous Goods Handling: Special provisions for handling and storing dangerous goods, required when hazardous materials are involved
2. Temperature-Controlled Storage: Specific requirements for temperature-sensitive goods, necessary for cold chain or climate-controlled storage
3. Value-Added Services: Additional services such as picking, packing, labeling, or quality control
4. IT Systems Integration: Terms for connecting warehouse management systems with customer's systems
5. Customs and Bonded Warehouse: Special provisions for customs-bonded warehousing services
6. Performance Metrics: Detailed KPIs and performance measurement criteria
7. Sustainability Requirements: Environmental and sustainability obligations, increasingly important for modern logistics
8. Security Requirements: Enhanced security measures for high-value or sensitive goods
9. Exit Management: Detailed procedures for service transition upon contract termination
1. Schedule 1 - Service Specifications: Detailed technical specifications of warehousing services
2. Schedule 2 - Pricing Schedule: Detailed fee structure, rates, and charging mechanisms
3. Schedule 3 - Service Level Agreement: Performance standards, KPIs, and measurement methodology
4. Schedule 4 - Operating Procedures: Detailed operational processes and procedures
5. Schedule 5 - Accepted Goods List: List of goods types permitted for storage and any restrictions
6. Schedule 6 - Insurance Requirements: Detailed insurance specifications and coverage requirements
7. Schedule 7 - Site Rules and Regulations: Warehouse facility rules and safety requirements
8. Schedule 8 - Contact Details: Key contacts and escalation procedures
9. Appendix A - Required Documentation: Templates and examples of required operational documents
10. Appendix B - IT Specifications: Technical requirements for systems integration and data exchange
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