The success of your goods is decided in distribution. With ALPMANN FRÖHLICH you have a strong partner with decades of experience at your side to optimally organise your purchasing and distribution structure for national and worldwide business. We know the national and international legal requirements for your products or services, which become ever more complex.
ALPMANN FRÖHLICH has been assisting clients for decades in all matters relating to commercial/distribution and product liability law and offers comprehensive advice on legal protection both in advance and in the event of liability. Thanks to specialised lawyers as well as a large international network of partners, ALPMANN FRÖHLICH is also able to act in complex cases with national or international implications.
Our focus is always on the best possible solution tailored to our clients' needs. To this end, we have a powerful team of experienced lawyers who advise and support our clients professionally - in person on site or digitally. Diverse specialisations and language skills enable us to competently support our clients not only nationally, but also worldwide on the international markets.
Distribution law covers the legal relationships in the sale of goods and services. It includes, in particular, the legal relationships between companies at different levels of trade (manufacturer / supplier / trader) or between companies and commercial agents (= commercial agent law).
Of importance here are not only the national regulations from the German Civil Code (BGB) or Commercial Code (HGB), but often also from neighbouring areas of law, such as competition law (UWG), labour law, but also antitrust law.
As an exporting country, Germany traditionally attaches great importance to the international distribution of goods. ALPMANN FRÖHLICH advises clients in particular on cross-border matters and has decades of experience in this field.
ALPMANN FRÖHLICH supports and advises clients in all matters relating to distribution law, both nationally and internationally, in particular on the following topics:
An essential part of our advice is the drafting and review of national and international (commercial) contracts. In order to avoid disadvantages that were not calculated for later, it is important to weigh up all possible consequences before concluding a contract. We offer our clients comprehensive advice on the drafting of optimal, tailor-made contracts, both within the framework of the preparation of individual contract concepts and in connection with the review of existing contracts.
General terms and conditions are more common in legal transactions than they might seem at first glance. According to Section 305 (1) of the German Civil Code (BGB), general terms and conditions are "all pre-formulated contractual terms and conditions for a large number of contracts which one contracting party (user) imposes on the other contracting party when concluding a contract". Even the first use of predefined regulations can lead to the applicability of GTC law. General terms and conditions only do not exist if the contractual terms have been individually negotiated between the contracting parties (section 305 (1) sentence 3 BGB). Case law has set high hurdles as to when an individual agreement exists.
The content of GTCs is regulated by law. This applies above all to general terms and conditions that are used vis-à-vis consumers. In individual cases, ineffective GTCs can quickly lead to costly warnings. But even in the b2b sector, the effects of faulty GTC can lead to drastic consequences: the regulations are not trimmed down to what is just permissible; rather, GTC that violate the law are invalid. This means that a provision intended to benefit the user can quickly boomerang and leave the user empty-handed.
ALPMANN FRÖHLICH drafts individual, legally compliant GTCs tailored to the needs of its clients, which fully reflect your business model, or reviews your existing GTCs.
Our services to the point:
We understand the term "product liability" to mean the obligation to be liable for damages resulting from the use of defective / faulty products. This primarily involves claims under civil law (especially warranty and/or guarantee claims, compensation for damages). In addition, however, there may also be consequences under public law (in particular under the Product Safety Act or sector-specific special regulations such as the Toy Directive, Machinery Directive, etc.) and - depending on the severity of the infringement - possibly even criminal sanctions (above all bodily injury offences (§§ 223 ff. StGB), homicide offences (§§ 212, 222 StGB).
The seller or the manufacturer can regularly be exposed to the claims or consequences described above, but the importer or the so-called quasi-manufacturer can also be held liable under certain circumstances.
ALPMANN FRÖHLICH has been assisting clients in product liability matters for decades and offers comprehensive advice on legal protection both in advance and in the event of liability. Thanks to specialised lawyers and a large international network of partners, ALPMANN FRÖHLICH is also able to act in complex cases with national or international implications.
One focus is on recall management. ALPMANN FRÖHLICH supports clients both in the decision-making process regarding the necessity of a recall and in the planning of the recall and coordinates the measures to be taken with the clients. The aim here is always to take appropriate measures to avert danger on the one hand and to avoid image and brand damage on the other.
In order to prevent product liability cases from arising in the first place or to reduce the risk of such liability cases to a minimum, it is indispensable to take precautions in advance, in particular to protect oneself in the best possible way from a legal point of view. ALPMANN FRÖHLICH advises clients, among other things, on
ALPMANN FRÖHLICH advises and represents clients both in the enforcement and defence of claims (national / international):