Crash course in contract law for the technology sector

The legal 1x1: the legal framework

• The basics of BGB, HGB and special laws.
• To what extent can I contractually amend these legal requirements?

Avoiding errors when concluding a contract

• Sources of errors in quotations, orders and order confirmations and their consequences.
• Dealing with conflicting Terms and conditions - clarifying which clauses apply.
• Safeguarding the validity of your own contractual clauses.

Successfully drafting technical contracts

• Important rules for technical purchase, work, service and project contracts as well as for maintenance, development and technical consulting.
• Dispute prevention through clear service descriptions.
• Differences between recognized rules of technology, state of the art and latest state of the art.
• Confidentiality agreements/NDAs taking into account new legal situations.
• Contract adjustments in the event of pandemics, wars or natural disasters: Regulations on force majeure, changes to the basis of the contract (Section 313 BGB) and flat-rate prices.

Contractual penalties

• Maximum amount, the "Hamburg custom", reservation of contractual penalties, sources of error.

Technical sales contracts, warranty, individual issues

• Subsequent performance, withdrawal, reduction, compensation - the rules.
• Dispute: Warranty or wear and tear?
• Who bears the distance costs? How many failures does the customer have to accept?
• When can the seller withdraw?

The incoming goods inspection for technical products

• Scope of examination, certificates.
• Quality assurance agreements and Terms and conditions.

Basic rules of product liability

• Liability for design defects, manufacturing defects, etc.
• Maximum liability limits, limitation periods.

Contracts for work and services, technical service contracts

• Acceptance, partial performance, late deadlines, fictitious acceptance and discounts, delayed acceptance.

The different meanings of the term "guarantee"

• Manufacturer, quality and durability guarantees, "availability".

How liable is the supplier, technical service provider?

• Limitations of liability per individual clause, per Terms and conditions.

Consequences of late delivery and payment

• What applies to service changes and postponements?
• No payment terms over 60 days?