The contractual exclusion of Sections 445a, 445b BGB (German Civil Code) in standard templates/terms and conditions in purely entrepreneurial supply chains | Fieldfisher
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The contractual exclusion of Sections 445a, 445b BGB (German Civil Code) in standard templates/terms and conditions in purely entrepreneurial supply chains

Sara Bandehzadeh, LL.M. (San Francisco)
14/11/2018
Anke Saßmannshausen
 
A person wearing a black and orange jacket holds a clipboard and writes notes. Behind them, a truck is being loaded with several stacks of cardboard boxes. The scene suggests logistics or delivery operations, with a focus on inventory or shipment documentation.

Locations

Germany

With the amendments to the sales law as of 1 January 2018, the easier recourse of the seller (until then: an exceptio only applicable as part of consumer protection law) to his supplier has largely been extended to constellations in which the last buyer in the supply chain is an entrepreneur.

This article examines the question relevant to business practice and general terms and conditions of business law as to which leeway can be used in order to completely or partially exclude easier recourse within purely business supply chains by means of a standard contractual provisions. Sara Bandehzadeh, LL.M. (San Francisco), Partner and Anke Röschenkemper, Associate have written an essay on this topic in the "Betriebsberater", originally published in: BB 2018 Issue 31, 1738 - 1744.

Areas of Expertise

Corporate