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LegalDrive - Die Kanzlei für Automobilzulieferer
Zweig Class Rechtsanwälte
Due to our automotive specific knowledge we are in the position to create a real added value for you.

Cooperations


In case a supplier is not able to or does not want to develop a module or system requested by the customer completely on its own, it may look for a cooperation with other suppliers. In this context, it is advisable, to clearly stipulate numerous terms in advance. This does not only apply to the responsibilities of the parties, the definition of the technical interfaces, the sharing of development costs, the title and using rights to intellectual property rights, but also to the question which one of the cooperation partners will be direct supplier to the customer and which one will be the sub-supplier, and to the question how the partners will later on deal with customer demands for price reductions and under which legal terms the future supply will be accomplished.

Another form of a cooperation is that a customer requests one of its suppliers to carry out a "concept development" which will later be the basis for a request for quotation issued not only to the developer but also to its competitors.
Without appropriate agreements, it may happen that, in the worst case, the "system developer" will loose its bid for supply, but granted using rights to its IP incorporated in the system development and under certain circumstances would even be liable for damages resulting from the system development.

A cooperation may also emerge in the form of "directed buy", where a customer stipulates which sub-supplier the direct supplier should use. Dependent on whether you are the customer, the direct supplier or the sub-supplier, in this constellation, each role has its own legal and economic risks which can be eliminated or at least significantly reduced by appropriate contractual terms.
Zweig Class Rechtsanwälte | Im Gässle 25 | 72138 Kirchentellinsfurt
Tel.: +49 7121-1388800 | Fax.: +49 7121-1388801 | E-Mail: info@zweig-class.de