Commercial contracts are one of the most crucial aspects to get right for any business. Well drafted contracts can aid growth and development as well as protect a business when unexpected challenges arise. Our experienced team is dedicated to providing you with practical, commercially focussed advice so that your business can operate as smoothly as possible.
Our team is able to offer a range of services relating to commercial contracts. We can provide general support with contract queries and advise you on some of the more technical areas such as unfair terms, international trade (import and export) and the difference between dealing on a business to business (B2B) or business to consumer (B2C) basis.
Trading terms and supply contracts
Whether you sell products or services, to businesses or to consumers, we have a solution for you.
Not only will we provide you with robust legal terms of business including those to ensure you get paid, limit your liability, secure your intellectual property rights and more, we will also do the bit some lawyers miss out.
We’ll ensure your terms of business are properly incorporated in your contracts with customers and, if you require, we can provide training to your sales and/or contract teams to ensure they understand which clauses are sacrosanct and why, which ones can be relaxed and to what extent and give you the confidence to carry out your normal day to day business without constant worry.
Distribution and commercial agency agreements
Indirect channels to market are often key to suppliers reaching their customers and they will need to have in place commercial agreements with distributors (resellers of their products) and/or agents (who market and/or sell on their behalf). There are many pitfalls to be aware of whether you are a supplier, distributor or agent.
Whether you are a supplier or agent / distributor, we are experienced in matters that arise in these types of arrangements including: ensuring distributors and agents are motivated to maximise the market potential for your products and the impact of UK and EU competition law which heavily regulate the extent and duration of restrictions placed on distributors, and services and exiting such arrangements (especially commercial agency for the sale of goods which are regulated heavily in the agent’s favour).
If you are an agent or distributor, how can you best protect your investment in an important source of income? We understand all the possible pitfalls of these arrangements and, more importantly, our commercial lawyers can draw on many examples of successful routes through such challenges.
Franchising and business model licensing
Whether you are considering licensing your business model or franchising to access a greater market, we can advise on a number of legal issues. Such legal issues you may need advice on include: whether the concept works and is capable of being franchised or licensed to others, protection of intellectual property, the legal framework to facilitate the network and supply chain, legal and regulatory compliance. We can also assist with ownership of customers, controls over the network, sale of a franchise or licence and using / protecting of the brand.
Our commercial lawyers have helped both franchisors and franchisees, business licensors and licensees to exploit their concepts successfully and can help you too.
Procurement can involve highly technical processes and legal issues. We have experience supporting clients throughout the tender process including reviewing invitations to tender (ITT), award criteria and contract documents; supporting negotiation, dialogue and bidding; and assisting with contract modifications and contract award. If you require advice in this area, please do not hesitate to contact us and see how we can help.
Standard terms and bespoke agreements
If you are a manufacturer that is launching a new product, a business offering a new service or are looking to enter into a new commercial relationship with a key supplier, customer or subcontractor, our team is here for you. We regularly advise on and prepare bespoke agreements for our clients and are recognised for our attention to detail, thoroughness and commercial sense. Additionally, if you are negotiating an important contract currently, our team can help by giving you practical advice and working with you to develop a strategy to achieve a successful outcome.
Our lawyers can provide you with robust legal terms of business including those to ensure you get paid, your liability is limited, and your intellectual property rights are secured. We will also ensure your terms of business are properly incorporated in your contracts with customers. If you require, we can deliver training to your sales and/or contract teams to ensure they are comfortable with using the contracts in practice. Our team will give you the confidence to carry out your normal day to day business without worrying about contract terms.
We have a wealth of experience in assisting clients with a full variety of national and international commercial agreements including:
- Agency agreements
- Confidentiality agreements / non-disclosure agreements (NDAs)
- Consultancy agreements
- Consumer agreements and assistance with consumer regulations
- Distribution agreements
- Framework supply agreements / master services agreements (MSAs) (and Statements of Work)
- Terms and conditions / terms of business
- Technology, digital and e-commerce
- Sale of goods agreements / supply of goods contracts
- Subcontractor agreements
- Supplier agreements
- Supply of services agreements