Commercial contracts are a fundamental tool for any successful business and, as such, it is vitally important that all contracts – whether with customers, suppliers, or any other collaborators – from commercial deals to the purchase or hire of office equipment, are drafted accurately and reflect the terms the parties have agreed.
Our commercial lawyers advise on all aspects of commercial contracts, particularly in the retail, technology, charities, hotels and industrial storage sectors. We take the time to understand your business and the sector(s) in which it trades, enabling us to negotiate and draft contracts specifically for you and ensuring that your interests are protected at all times.
Once any contract has been drafted, our specialist commercial lawyers go to great lengths to ensure that you understand the implications and obligations of the contract. we will assist with implementing the contract, by advising you of the steps required to achieve this.
When we are instructed to draft or review terms and conditions of business, our commercial lawyers always review any supporting purchase/sale documents (e.g. purchase orders, confirmation orders,tender templates, account-opening forms and proposals etc.) to ensure that the terms and conditions are always incorporated into your company’s contracts.
In order to maintain the competitive edge, businesses are increasingly moving towards the technology sector. Businesses with innovative and uniquely-designed products (in particular, products that will be further developed by a third party), need to consider whether they have sufficient protections for their intellectual property rights in their contracts. Failure to do this will inevitably lead to future disputes.
Contracts concerning the supply of goods worldwide also need special attention to ensure that you are protected from incurring delivery, insurance and export taxes. You will also want to ensure that the governing law and jurisdiction that applies to the contract is favourable to you (i.e. English law to be considered by the English Courts). Otherwise, in the case of a dispute, you may find that the law and jurisdiction of another country is applicable to the contract in dispute.
We can advise on all aspects of commercial contracts, including (but not limited to):
- Agency and distribution agreements (exclusive and non-exclusive);
- Bailment and leasing;
- Consultancy agreements;
- Confidentiality and non-disclosure agreements;
- Franchising agreements;
- Joint Venture Agreements and other collaboration agreements;
- Outsourcing and developmental agreements;
- Manufacturing and supply agreements;
- Preliminary Agreements – Heads of Terms for commercial transactions and letters of engagement;
- Terms and conditions of supply and purchase;
- Tender processes and advice on public procurement nationally and internationally;
- Website terms and conditions relating to supply and use of the website.
The commercial team reviews an increasing number of contracts, including referrals of larger contracts from UK-based in-house legal teams. To name a few, we regularly assist Cummins Limited (UK subsidiary of Cummins Inc), Renault and Choice Hotels.