Commercial Agreements

To protect your business and avoid confusion with other parties, it pays to ensure that all contracts are recorded professionally in writing. Contracts that don’t clearly set out the responsibilities and liabilities of all parties can cause expensive and time consuming damage to valuable business relationships.

We can help you with a range of commercial agreements, including handling negotiations, drafting, implementation, and advice on interpretation. For example:

• Supply agreements
• Distribution agreements
• Agency agreements
• Terms and conditions of sale
• Joint ventures
• Licensing of intellectual property
• Franchising agreements

Inevitably, from time to time, problems and disputes arise. If this happens, we can advise you on your best options regarding strategy, including any pre-emptive action you should take, the likely costs involved, and any jurisdictional considerations.

The European Angle

If you are involved in business across the EU then you will also need to take account of matters such as:

• Competition rules which can potentially render important provisions in your agreements unenforceable, as well as exposing you to possible fines and third party claims
• Exemptions from the competition rules, such as those for vertical agreements (such as distribution agreements) and technology transfer agreements
• The Commercial Agents Regulations, providing non-excludable compensation for agents on termination

If you trade in other parts of the world there will be other local law considerations which we can obtain advice for you on.