Individual arrangements also make sense in order to avoid the provisions of the law on general terms and conditions (Allgemeine Geschäftsbedingungen) pursuant to Section 305 et seq. BGB (German Civil Code). According to case law, downloading pre-formulated contract texts from the Internet regularly leads to the applicability of the GTC regulations.
It is therefore recommended to use the model contract as a template at best and to make individual changes in individual cases. If there is uncertainty regarding the scope or legal consequences of your own arrangements, legal advice should be sought. This also applies in particular to special arrangements in the interest of securing payment of the purchase price (retention of title, payment via escrow accounts, cross-border payments, foreign contractual partners, contractual partners domiciled abroad, etc.).
Dr Heyko Wychodil
