Commercial

Our experienced lawyers advise you on the structuring of your contracts and during dispute resolution along the purchasing, production and logistics value chain, as well as on distribution matters – be this relating to the classic distribution channels, online distribution or platform solutions. You profit from our advisers’ specialised legal expertise and our industry knowledge[, above all in the areas trade, automotive, healthcare, IT and technology, insurances, aerospace & defence]. We work together with you to develop optimum structures, such as purchasing cooperations or distribution systems. We draft and negotiate with you contracts ranging from general terms and conditions to large-scale individual projects, and assist you in solving problems on occasions when things have gone wrong, e.g. on product labelling and liability matters.

 

Purchasing

Our experts are familiar with the processes and requirements in purchasing and extensively assist you, in particular in the following areas:

  • Cartel-law compliant structuring of purchasing cooperations
  • Legally secure and commercially optimised tendering and bidding procedures
  • Structuring of general terms and conditions of purchase, including payment terms
  • Negotiation and structuring of individual sourcing transactions such as, for example

- OEM contracts

- Procurement and component supplier contracts

- Manufacturing agreements, job order production agreements and licence agreements

- R&D contracts

  • Introduction of a goods management system
  • Assertion and enforcement of claims against suppliers, e.g. due to defects or default
  • Measures interrupting the statute of limitation

 

Production

From innovation to implementation, from know-how protection to liability – our specialised lawyers know the complex legal requirements for producing industrial and consumer goods. Our advice includes, amongst other things:

  • Joint ventures, the awarding of subcontracts and outsourcing
  • Production according to Industry 4.0: networked production, connection to logistics, predictive maintenance, use of robotics technology
  • Operation of industrial plants and pertaining permit and environmental issues
  • Employment law aspects of the production
  • Research and development, protection of intellectual property, title and know-how
  • Occupational safety, product safety and liability
  • Acquisition and sale of plants and businesses
  • Assistance in the resolution of disputes regarding production disruptions or defects

 

Logistics

Our logistics experts understand the business of freight forwarders, stockists, transport insurers and brokers as well as the requirements of complex supply chains. Just-in-time logistics, cross-docking and delivery drones are more than just legal concepts to us. Our advice includes, amongst other things:

  • Logistics outsourcing
  • Examination, drafting and negotiation of logistic contracts, e.g. for warehousing and transportation
  • Advice on the German Freight Forwarders General Terms and Conditions [Allgemeine deutsche Spediteurbedingungen, ADSp]
  • Assertion of liability claims in the logistics chain

 

Distribution

Our team advises national and international enterprises in the structuring and adjustment of their distribution systems and contracts. In the arrangement of distribution structures in particular, a multitude of requirements have to be observed, especially in the areas antitrust law, civil and trade law, in addition to the pertaining requirements of EU law. Our advice on distribution law includes, amongst other things:

  • (Re)structuring and implementation of national and international distribution systems, in particular agreements on conditions and bonuses, selective and sole distribution systems as well as shop-in-shop concepts
  • Direct distribution via online and offline trade, teleshopping
  • Distribution cartel advice
  • Sales agency and authorised dealership law and other forms of distribution agents
  • Termination and winding-up of distribution contracts
  • Dispute resolution in the area of distribution law, in particular the enforcement of and defence against settlement claims

 

We additionally have expertise in the field of e-commerce, the trading of goods and services over the internet. Our team is familiar with the countless special rules which complicate the digital movement of goods. Our advice includes, amongst other things:

  • Structuring of B2C and B2B platforms
  • Advice on your internet presence, if applicable including an online shop, taking into consideration the requirements of the regulations governing e-commerce (in particular duties to inform and rights of revocation), data protection and the law on general terms and conditions
  • Cross-border e-commerce, in particular geo-blocking
  • Social & mobile commerce
  • E-payment systems and payment procedures
  • Customer loyalty programmes
  • Online advertising and marketing, including newsletters and online tracking