Commercial Contract Solicitors

After finances and your people, your contracts are probably your business’s most important assets.

No matter your organisation, the terms and conditions on which you acquire or sell goods and services are crucial, particularly if they are long term arrangements.  Your business will need contracts for a wide range of purposes, including a distributorship or agency contract, or a joint venture or co-operation agreement, or the contracts under which you access and use IT.

We specialise in commercial contracts with experience working in an array of industries.   If we are not accustomed with your industry, we are always willing to learn new trades and bring best practice from our extensive knowledge.  We have particular specialisations in:

  • Technology contracts (engineering and IT)
  • Franchising, distribution and agency
  • Intellectual property licensing and confidentiality agreements
  • International contracting (and a network of overseas lawyers to assist when necessary)
  • Facilities management
  • E-commerce.

We regularly assist SMEs in their contracting with much, much larger concerns, and generally achieve their goals and exceed their expectations.

Business to business transactions

If you operate a B2B business your terms of sale are equally important, whether they are the standard conditions of sale which cover all your transactions, or bespoke documents to deal with a particular transaction, for example the development of technology for the sale of products to a particular customer.

Contract terms are perhaps less important if you are a business to consumer (B2C) business as statute so limits you in dealing with consumers that consumer terms will often be little more than setting out what you are supplying in the hope of avoiding claims from those who thought they were buying something different.

B2C businesses do however need to be sure that your documents and sales processes comply with the requirements of the Consumer Rights Act 2015 and consumer protection regulations particularly for e-commerce and other “distance selling”.

Understanding commercial contracts

The key purpose of all commercial contracts should be to ensure that both and/or all parties understand exactly what they are agreeing.  Clarity is the key to any contract as a lack of understanding is the factor most likely to lead to disputes. If the dispute would have happened in any case, lack of clarity is the best way of increasing legal costs and the chances of litigation. 

Commercial contracts can also be very important for demonstrating to regulatory authorities, or HMRC, how the relationship between the parties works.  In the absence of written agreement there is a greater risk of such bodies concluding that the relationship is what it looks like, not what it was intended to be.

Data protection

With data privacy law being rapidly brought into the 21st Century, by virtue of the General Data Protection Regulation (“GDPR”), businesses need to ensure they are compliant, or at least be seen to be taking steps towards compliance. 

The new law can be applied differently depending on whether or not you are considered a B2B or B2C business.  We are very engaged with the evolving new data law, we have had our articles on this topic published and hold regular events introducing businesses to GDPR.  We also offer a GDPR compliance package tailored to the individual needs of each business.

Find out more about how we can help your business comply with GDPR here

Alternatively for our advice on your commercial contracts, contact us Brian Bannister on 023 8071 7466 or email brianbannister@warnergoodman.co.uk

To speak to one of our experts please call us

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