If you need to draft a contract for your business, it is important you seek legal expertise to ensure agreements are clear, precise and manageable.
Our commercial agreement solicitors will help to ensure a deal is made as effortlessly and efficiently as possible and, most importantly, get it right first time.
To speak to a solicitor about drafting a commercial contract, get in touch with our Leeds, York or Sheffield office today by calling 0333 323 5292, or fill in our online enquiry form and we will get back to you as soon as possible.
Types of Commercial Agreements
Commercial agreements (whether in writing or otherwise) form the cornerstone of your business. They should reflect your intentions and be certain of their meaning, which, when achieved, could prevent a liability from arising or at least enable you to assess and protect against any possible risk.
We have handled many types of commercial agreements, including:
- Agency, distribution and manufacturing agreements
- E-commerce agreements
- Franchising agreements
- Standard terms and conditions
- Outsourcing agreements
- Software development agreements
Should you run into a dispute over a commercial agreement, our dispute resolution department will be able to help you find a solution that does not compromise your business.
Why Do I Need Legal Advice?
In our experience, even if you are able to conduct commercial deals, taking legal advice about a transaction before negotiations begin can pay dividends later. This needs not be a long or expensive process. However, we are frequently asked to help clients to sort out problems with all sorts of ‘business relationships’, where some simple advice would have set up the transaction in a way that would have avoided a problem or dispute from arising.
Our Yorkshire-based solicitors will get to know your business - what you do, how you do it, what you want to achieve and how you want to get there. By doing this, we are able to facilitate the deals that you enter into to help make them achievable and profitable, while ensuring you have the protection required.
We have a breadth of legal experience in advising upon, drafting and negotiating a wide range of commercial agreements for businesses of all sizes, and are able to transfer these skills and this knowledge to a variety of business sectors.
Can I use general terms and conditions I found on the internet in a commercial agreement?
The answer to this question is nearly always no. General terms and conditions, which might be used by any business, are, by their very nature, going to be general, making them ambiguous. The most effective approach is to adopt terms and conditions of business that are tailored to your business and reviewed regularly.
The cost of settling the terms and conditions is a hugely worthwhile investment when you consider the safeguards that can be built in, the risks that can be managed, and the liabilities that can be excluded and reduced.
How do I ensure that my terms and conditions are incorporated into the contracts that I create?
If your terms and conditions are incorporated into a document that is then signed by the other party, then these are generally regarded as being incorporated. Commonly, this is not the case; therefore, you will need to bring your terms and conditions to the attention of the other party as soon as possible and certainly before the contract is entered into or performed (by placing them on your website, in brochures or on the reverse of quotations).
Do I need to make a written agreement?
Contracts can be created orally, but can give rise to uncertainty, especially if a dispute should arise.
I have no bargaining power anyway, so what is the point in taking legal advice on a contract that I can’t change?
You will never know whether a term in a contract is non-negotiable if you don’t try. We can assist by negotiating on your behalf or suggesting mutually acceptable alternatives. Even if you have to accept a provision, it is always wise to understand fully its potential consequences and take advice on the extent of any risk before you take it.
I have recently been sued for the consequential losses resulting from a breach of contract, is there any way that I can limit my exposure in the future?
Consequential losses are those which the parties to a contract would, at the time that it is entered into, have been reasonably expected to be the result of a breach of it. You are able to limit your liability by including an exclusion within your terms and conditions.
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For more information on commercial agreements, speak to one of our lawyers today by using the details below.
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