We advise you on the formulation and enforcement of international supply contracts, regardless of whether the contracts are in German, English or Spanish. We draft commission contracts and consignment storage contracts and enforce your rights.
The commission agreement is regulated in §§ 383 - 406 HGB. The content of the contract is the commercial purchase or sale of goods or securities for the account of another party (of the creditor) in his own name (cf. § 308 (1) HGB). The Commission Treaty is the treaty between the Commissioners and the Commission.
The contract is a agency agreement in the sense of the following 675 BGB. If the commission agent resells the goods to a third party, a purchase contract (§ 433 et seq. of the German Civil Code) exists between him and the third party. The commission agent must surrender the purchase price received to the creditor, § 384 (2) HGB. In return, he is entitled to commission and reimbursement of expenses, § 396 HGB (German Commercial Code). The commission agent acts in his own name for the account of a third party.
A consignment warehouse is a warehouse belonging to a vendor or service provider that is located in the customer's company (customer). The goods remain the property of the supplier until the customer takes them out of the warehouse. Only at the time of withdrawal a delivery is made as a basis for invoicing. There is only a small processing effort, as the calculation is often carried out monthly (based on the withdrawal conditions). Since the material is not calculated until after withdrawal from stock, the customer's capital commitment is also reduced.
Just ask us! Your contact person for commercial law is Attorney Marco Rössel.