Work contract and work delivery contract

In addition to the procurement of operating resources and goods, operational procurement has to take care of a number of other transactions in order to ensure smooth operations.
For example, repairs to machines are necessary, production waste has to be transported away, the EDP system or the copier are regularly serviced, or a craftsman covers the roof again.

Work contract

The contract for work and services is a contract through which one partner undertakes to produce a work, the other to pay the agreed remuneration. The contract partners are called the entrepreneur and the purchaser.

A work within the meaning of the BGB can be both the production or the modification of a thing (e.g. the repair of a machine) as well as another success to be brought about by work or service (e.g. the maintenance of the IT system, which Preparation of an expert opinion).

It is crucial for the contract for work that the entrepreneur is responsible for the success of his activity.

Another important feature of the contract for work and services is that the goods (goods) that are being worked on are owned by the purchaser. This is e.g. B. the case regularly with repairs or when the customer orders a material for further processing.
Even a garbage disposal contract or a passenger transport contract is a work contract because the entrepreneur owes the success to the customer: This means that he is only entitled to his full remuneration if he has successfully completed the order.

The service contract must be separated from the service contract: The content of the service contract is also a "service". The key difference, however, is that the contractor owes success. So you can expect from a plumber that the heating works after the repair (= work contract). On the other hand, the services of a doctor or a lawyer are different: They only owe the "dutiful effort" (= service contract).

Contract for work and services

If the work is made with a material that the entrepreneur supplies, then there is a work delivery contract. Example: A roofer delivers the tiles and covers the roof.

The work delivery contract basically consists of two contracts: a sales contract (for the materials supplied) and a work contract (for the production of the work). For this reason, the regulations above apply

the sales contract and the contract for work and services accordingly.

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