Commercial contracts

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Before you enter into a commercial contract you want to ensure that you understand its terms.  Having drafted agreements, and advised on agreements which have been presented to our clients, we are experts on a wide range of contracts across a variety of different sectors.  We provide advice to our commercial clients on drafting their contracts or critiquing contracts they have been asked to sign.  We are experts in drafting and negotiating contracts, which is why you can be sure that your interests will be protected as far as possible.

Our Corporate & Commercial team know how important a well-drafted agreement is for our clients. Contract law is at the heart of most business dealings, so it is important to get it right first time to avoid the “battle of the forms”, or other misunderstandings, which can lead to costly disputes.  We excel at this and many leading business organisations across the country rely on our trusted advice.

Why choose Talbots Law for your commercial contract matters?

Our solicitors have many years’ experience of advising on all forms of business contracts, including:

  • Service Level Agreements (SLA)
  • Framework agreements
  • Distribution agreements
  • Commercial agent agreements
  • Manufacturing agreements
  • Contract tender documents
  • Supply agreements
  • Marketing agreements
  • Introducer agency agreements

Our services vary from:

  • drafting the main agreements
  • advising clients who have been required to sign terms for the provision of their goods or services

The way in which we provide this advice can be tailored to your needs and can include all, or a combination of, the following:

  • straightforward advice on the contract;
  • advice on the pitfalls of the contract and flagging up or marking up the document to enable you to continue negotiations direct with the other contracting party;
  • negotiating directly with the other party or their solicitors.

We agree with you which is the most appropriate solution for the needs of your situation.  A decision will be governed by the value of the contract and the risks to your business, the speed of the advice required and the degree of sophistication or knowledge of the legal terms which affect your specialism, as well as the price.

Commercial contracts FAQs

Do commercial contracts have to be in writing?
No.  However, if there is a dispute and the contract is not in writing it is very difficult to prove the terms agreed.  In the commercial sector, an intent to form legal relations is generally assumed, so we would always recommend that you have a written form of agreement with your key suppliers, customers and other appropriate parties.

What is the difference between express and implied terms?
Express terms refer to the terms in a contract that have been expressed either orally or in writing.  Implied terms are those that, although not detailed in the contract, can be applied by the court due to:

  • Usage or custom;
  • The parties’ previous course of dealings;
  • The intention of the parties, a term implied “in fact”;
  • Common law;
  • Statute.

There are many types of commercial contracts ranging from the simple to the more complex. We have experience in them all and will ensure that the other party knows exactly what is expected of them.

What is the difference between a warranty and a condition of contract?

A condition is a more important term of a contract which can enable the wronged party to terminate the contract and demand repayment of the monies paid and other remedies.  A warranty is a lesser contract term, a breach of which leads to a remedy in damages.

Please call Talbots Law today to discuss with our Corporate & Commercial Team how we can assist you in negotiating and drafting your commercial agreements.

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