Commercial Contract Solicitors

After handling your finances and staff, commercial contracts are probably your business’s most important asset.

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

We are commercial contract specialists with vast experience working in many industries. In particular, we specialise 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

Speak to our commercial contract specialists today

Need help with a commercial contract? We have specialist solicitors in Southampton, Portsmouth, Fareham, Chandler’s Ford and Waterlooville. Alternatively, for advice on your commercial contracts, contact us on 023 8063 9311 or email enquiries@warnergoodman.co.uk

How our Commercial team can help you

Business-to-business transactions

If you operate a B2B business, your terms of sale are essential, 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 specific customer.

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

B2C businesses do, however, need to be sure that their 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 fundamental purpose of all commercial contracts should be to ensure that both and/or all parties understand what they are agreeing to. Clarity is the key to any contract, as a lack of understanding will most likely lead to commercial contract disputes. If the dispute has happened in any case, a lack of clarity is the best way to increase legal costs and the chances of commercial contract litigation.

Commercial contracts can also be essential for demonstrating to regulatory authorities, or HMRC, how the relationship between the parties works. Without a 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 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 this evolving data law and regularly publish articles on the topic and hold frequent events introducing businesses to the world of GDPR. We also offer a GDPR compliance package tailored to the individual needs of each business.

For our advice on your commercial contracts, contact us on 023 8063 9311 or email enquiries@warnergoodman.co.uk

Commercial contract FAQs

When do you need a commercial contract?

A commercial contract is a document that records a business agreement between two or more parties. If you’re entering into an agreement with a third-party business, whether purchasing or selling products or services, you will need a commercial contract.

A commercial contract can cover many business agreements, including:

• An agreement to purchase a business
• An agreement to supply goods or services
• A sale and distribution agreement
• A joint venture agreement
• An agency agreement
• A franchise agreement
• A master service agreement

Can I update the terms of a commercial contract?

By signing a commercial contract, you agree to be bound by its terms and conditions under UK law. If you do not stick to the agreed obligations, this can result in a contract breach.

However, you can amend the contract to change your obligations. A contract amendment can alter almost any clause within a contract. However, you can only make amendments if all the contract parties agree.

To make an amendment, you should contact a solicitor to help negotiate the proposed changes and draft the amended contract.

What makes a bad commercial agreement?

Vague or uncertain commercial contract agreements may mean the contract is not upheld in a court of law.

There are two main reasons why a contract may cause uncertainty or disputes:

Disputes may arise if the law on a particular subject is unclear. When drafting a commercial contract, you should expressly state which laws apply to your situation and avoid the application of uncertain legal rules.

Disputes may also arise if the language of the contract is unclear. An unclear contract term could be interpreted differently from the way you intended. The contract should be drafted in clear terms to avoid disputes.

Seeking the advice of a specialist solicitor can ensure that the terms of your contract are upheld in a court of law.

Why are commercial agreements important?

Establish rights and responsibilities

The rights and obligations of each party are outlined in your business agreement. The contract documents your agreed-upon terms, ensuring all parties understand and fulfil their responsibilities.

Facilitate dispute resolution

Business conflicts are common. Whether the dispute is resolved independently or through arbitration or litigation, the commercial contract can remind both parties of their responsibilities and create accountability.

Safeguard business interests

Utilising confidentiality clauses, indemnity clauses, or other provisions, commercial contracts enable you to safeguard your interests and mitigate the risks of doing business with third parties.

Speak to our commercial contract specialists today

Need help with a commercial contract? We have specialist solicitors in Southampton, Portsmouth, Fareham, Chandler’s Ford and Waterlooville. Alternatively, for our advice on your commercial contracts, contact us on 023 8063 9311 or email enquiries@warnergoodman.co.uk