DiLigens knows how...
Electrical industry, rubber and plastic goods, automotive industry, furniture manufacturers - currently almost every sector of the economy in Germany is affected by disrupted supply chains. While the causes vary depending on the industry - Covid-19 pandemic, trade and customs wars, increased demand with accompanying shortages of raw materials - companies must not only adapt to changing economic conditions, but also ensure their own legal protection at the same time. Otherwise, companies that are unable to deliver could quickly find themselves exposed to considerable claims for damages from their contractual partners through no fault of their own.
The inclusion of trade customs within the meaning of § 346 HGB opens up the legal possibility for entrepreneurs to be released from their performance obligations or to reserve the right to change price / equipment or performance at their reasonable discretion if the upstream supplier, for its part, does not fulfil its contractual obligation or does not do so on time or demands a price increase. It should be noted in this context that the entrepreneur not only has to ensure an effective concrete contractual inclusion or an effective validity of general terms and conditions, but as a rule also bears the burden of proof for the existence of the preconditions of an exemption from performance on the basis of a commercial custom. In order to effectively prevent massive claims for damages by customers, every company concerned therefore needs tailor-made contractual concepts.
DiLigens Attorneys & Insolvency Administrators supports you in reviewing and designing your own supply chain compliance - both in terms of measures already implemented and those yet to be developed. Our experienced lawyers will be happy to answer your questions.