RBB & Partner has advised Envases Öhringen GmbH, a leading provider of industrial, food and beverage packaging, on the conclusion of an international General Overhaul Agreement with a total volume of EUR 1.3 million. The agreement was drafted in English and governs the comprehensive general overhaul of a central production plant by a machinery manufacturer.

The subject matter of the agreement is the detailed structuring of the general overhaul, including scope of services, technical specifications, scheduling and milestone planning, as well as warranty and liability regimes. A particular focus of the negotiations was on the allocation of risk and on issues relating to software use in connection with the overhauled equipment.

The contractual negotiations, conducted over an extended period, proved demanding after the counterparty initially proved difficult to engage on solutions to key issues and talks had temporarily reached an impasse. In particular, differing views regarding technical requirements and the design of software usage rights led to complex coordination processes.

Through a structured and solution-oriented negotiation approach, RBB & Partner was able to make a significant contribution to steering the discussions back into a constructive direction and developing sustainable compromises.

Ultimately, a balanced and legally robust contractual solution was achieved that takes due account of the client’s commercial interests while at the same time creating a reliable basis for the implementation of the general overhaul. The conclusion of the agreement secures the long-term operational capability and planning certainty at the Spanish site.