The Service of Work Contract (Werkvertrag) is a fundamental contract type in German business law, essential for projects requiring specific deliverables or outcomes. Unlike service contracts that focus on effort, this contract type emphasizes the achievement of defined results. It's commonly used across various industries from construction to software development, where tangible or intangible work products need to be delivered. The contract must comply with German Civil Code (BGB) requirements, particularly §§ 631-651, which govern aspects such as work specifications, acceptance procedures, defect rights, and warranty obligations. This document type is crucial for businesses operating in Germany or under German law, as it provides a clear framework for project-based work while ensuring compliance with local legal requirements and business practices.
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1. Parties: Identification and details of the contractor (Unternehmer) and client (Besteller), including full legal names, addresses, and registration details
2. Background: Context of the agreement and general purpose of the work to be performed
3. Definitions: Key terms used throughout the contract, including technical terms specific to the work
4. Scope of Work: Detailed description of the work to be performed, including deliverables and expected outcomes
5. Time for Performance: Timeline for completion, including milestones and delivery dates
6. Remuneration and Payment Terms: Price, payment schedule, invoicing requirements, and payment methods
7. Acceptance Procedure: Process for work inspection, acceptance criteria, and handling of defects
8. Warranty and Liability: Warranty period, scope of warranty, limitation of liability, and indemnification provisions
9. Rights and Obligations: General rights and obligations of both parties, including cooperation requirements
10. Term and Termination: Duration of the contract and conditions for termination
11. Final Provisions: Governing law, jurisdiction, written form requirements, and severability clause
1. Intellectual Property Rights: Include when the work involves creation of intellectual property, specifying ownership and usage rights
2. Confidentiality: Include when sensitive information will be shared during the project
3. Data Protection: Include when personal data processing is involved, ensuring GDPR compliance
4. Subcontractors: Include when the contractor may need to engage subcontractors
5. Insurance: Include when specific insurance coverage is required for the work
6. Force Majeure: Include for longer-term projects or when significant external risks exist
7. Quality Management: Include for complex technical projects requiring specific quality standards
8. Change Management: Include when the scope of work might need adjustment during the project
1. Technical Specifications: Detailed technical requirements and specifications for the work
2. Price Schedule: Detailed breakdown of prices, rates, and payment milestones
3. Timeline and Milestones: Detailed project schedule with specific deadlines and deliverables
4. Quality Standards: Specific quality requirements, standards, and testing procedures
5. Personnel Schedule: Key personnel assigned to the project and their qualifications
6. Service Level Agreement: Performance metrics and service levels if applicable
7. Change Request Template: Standard form for requesting and documenting changes to the scope of work
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