In business negotiations under German law, when an original offer's terms are not fully acceptable but there remains interest in reaching an agreement, a Counter Offer Proposal serves as the formal mechanism for continuing negotiations. This document type is essential when responding to an initial offer with modified terms, effectively terminating the original offer and creating a new one under German law (BGB §150). It is commonly used in situations where price adjustments, delivery terms, scope modifications, or other contractual elements need to be revised. The document must clearly reference the original offer, specify all proposed changes, and include any unchanged terms to ensure legal clarity and compliance with German contract law requirements. This structured approach helps maintain clear communication and legal certainty in business negotiations while providing a foundation for reaching mutually acceptable terms.
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1. Reference Details: Date, recipient details, and reference to original offer including its date
2. Original Offer Acknowledgment: Formal acknowledgment of receiving the original offer and appreciation for it
3. Counter Offer Introduction: Clear statement that this constitutes a counter offer (Gegenangebot) under BGB §150
4. Modified Terms: Detailed presentation of the terms that differ from the original offer
5. Retained Terms: Reference to terms from original offer that remain unchanged
6. Validity Period: Clear statement of how long this counter offer remains valid for acceptance
7. Next Steps: Clear indication of what action is required from the recipient and how to proceed
8. Closing: Professional closing including contact details for further discussion
1. Executive Summary: Brief overview of key changes when counter offer is complex or involves multiple significant modifications
2. Legal Basis: Reference to specific legal provisions when counter offer involves complex legal considerations
3. Alternative Proposals: When providing multiple counter offer options for consideration
4. Cost Implications: Detailed breakdown of financial changes when counter offer primarily relates to pricing
5. Timeline Adjustments: Specific section for delivery or implementation schedule changes when timing is a key factor
1. Schedule A - Comparison Table: Side-by-side comparison of original offer terms and counter-proposed terms
2. Schedule B - Revised Pricing: Detailed breakdown of modified pricing structure if applicable
3. Schedule C - Modified Specifications: Technical specifications or scope modifications if applicable
4. Appendix 1 - Supporting Documents: Any relevant documentation supporting the modified terms
5. Appendix 2 - Revised Timeline: Modified project timeline or delivery schedule if applicable
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