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Commercial Agreements

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We offer a swift, focused and economical commercial contract drafting service, including the preparation of supply, outsourcing, agency, distribution and franchising agreements. With the expertise to advise on commercial agreements taking into account areas such as intellectual property ...

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If you would like to find out how we can help you with a legal audit of your current commercial agreements or the bespoke drafting of new commercial agreements for your copmany, please do not hesitate to contact an Everyman Legal Solicitor on 0845 868 0960 or email james.hunt@everymanlegal.com

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Worried that you do not know whether your Commercial Agreements will give you the protection you need? Do you fully appreciate the terms of your supply, outsourcing, agency, distribution and franchising contracts?

We offer a swift, focused and cost-effective legal drafting service for commercial agreements. We can advise on and prepare commercial contracts and documentation of all kinds. Our advice will take account of intellectual  property law and data protection law.

 Standard Terms of Business

As a supplier, you must make sure that your terms of business are brought to the attention of the customer early on and are agreed, preferably in writing. When preparing your standard terms of sale, you need to have identified the key risk areas for your business as terms are not “one size fits all”.

If you would like to find out how we can help you with a legal audit of your current commercial agreements or the bespoke drafting of new commercial agreements for your company, please do not hesitate to contact an Everyman Legal Solicitor on 0845 868 0960 or email james.hunt@everymanlegal.com

Key Clauses to Consider

Your commercial agreements and contracts may be upstream (supply of goods or services) or downstream (agency and distribution). In any event, you will want to consider some of the following example key clauses:

  • an operative clause which confirms the basis of your agreement, including the duties, rights, and obligations of the parties. It will also confirm which terms are conditions, representations and warranties;
  • a retention of title clause (particularly if you are supplying high value goods). This is designed to allow you to recover your goods if the customer does not pay you:  title in the goods will remain with you as the supplier until payment is received;
  • exclusion and limitation of liability clauses can provide vital protection for you in your capacity as a supplier, but you should also be looking at these clauses if you are dealing as the customer on another businesses standard terms. Care should be taken when drafting these clauses to ensure that they are incorporated into the contract, cover the key risk areas you need to protect, and are compliant with the requirements of the Unfair Contract Terms Act 1977; and
  • a termination clause providing both you and your customer with the opportunity to terminate the contract early in the event of a material breach.

International Considerations

If you are looking at commercial agreements such as agency/distribution agreements and/or sale or supply of goods and services either in the EU or further afield, you should consider carefully the governing law and jurisdiction of the contract, as well as transport and insurance. There may well be other Regulations and Codes which would also apply to your contracts and might need consideration.

If you would like to find out how we can help you with a legal audit of your current commercial agreements or the bespoke drafting of new commercial agreements for your copmany, please do not hesitate to contact an Everyman Legal Solicitor on 0845 868 0960 or email james.hunt@everymanlegal.com