Types of Commercial Contract

It is not required by law for any contract to be written, any commercial agreement made between two parties is still enforceable. However, it is advantageous to have a written contract in place so that all parties are clear on the terms of any agreement. If a disagreement arises between the parties, a written contract will help to resolve the dispute more easily. The commercial law team at Fraser Dawbarns can help your business create many types of commercial contracts including:

Terms and Conditions of Business

Terms and conditions of business are designed to regulate the relationship between your business and your customers. Whether you are selling goods or services, the law has changed over recent years to give consumers more rights, so it is essential that any terms and conditions are compliant with these laws. Any terms in your contracts that do not meet these requirements are generally not enforceable. Other things to consider when drafting contracts for customers of your business include the different regulations covering sales that take place on your premises and distance sales (such as online) and the requirements to make sure that your consumer’s rights are made clear. The commercial team at Fraser Dawbarns can help businesses that provide products and services draw up terms and conditions that comply with all aspects of commercial law as well as protecting the company’s own interests. Contact Fraser Dawbarns to see how we can help you to create or amend your consumer contracts.

Supplier Agreements

Many businesses rely on suppliers in order to function, so it is essential to clearly set out the rights and responsibilities of both parties and to fully understand any agreement you make with your suppliers. An agreement can make sure that the supplier meets their obligations to you and detail any remedies due in case their performance falls short. When drawing up new supplier agreements, it can save time to work with the supplier to make sure that your requirements are achievable. If you have expectations that your supplier considers to be unrealistic, it can take longer to reach agreement. Working with a solicitor can make sure that you do not miss anything critical from the agreement that could negatively affect you in the future. You may be asked by one of your suppliers to sign a contract and by reviewing this with your solicitor before signing it, you could save yourself trouble and expense down the line. The commercial law solicitors at Fraser Dawbarns will help you clarify the terms of a supplier agreement, whether it is a new contract or you are renegotiating terms with an existing supplier. Contact Fraser Dawbarns to make sure that your agreements with your suppliers do not disadvantage your business.

Franchise Agreements

Although there are over 20,000 franchisees in the UK, there are no specific laws governing franchises. Instead, franchise agreements are covered by contracts law. It is, therefore, particularly important to make sure that any franchise contract you sign represents your interests. If you are a franchise owner, you will want to make sure that potential franchisees will abide by rules that protect the integrity of your brand. Creating a franchise agreement, can make sure that anyone looking to trade under your brand does not undermine the goodwill you have created. As a potential franchisee, you may have concerns about the franchise contract you have been asked to sign. By seeking legal advice, you can be sure that you understand the terms and avoid committing to a contract that is unfair or too restrictive. Whether you are a franchise owner or looking to become a franchisee, the commercial law solicitors at Fraser Dawbarns can make sure that you understand the contract and provide support during negotiations, making sure you are protected in any agreement you sign.

Agency and Distribution Agreements

An agent acts as an intermediary between a supplier and the supplier’s customer. Depending on the contract, agents can either enter into agreements on behalf of the supplier or just promote the supplier’s product to customers. Agents can have exclusive, sole or non-exclusive rights depending on the agreement. While an agent acts as an intermediary between the supplier and the customer, a distributor purchases the product from the supplier and sells it on to the customer. As with agencies, distributors can have exclusive, sole or non-exclusive distribution rights depending on the agreement. You may find that depending on the product and sales region, either an agency or a distribution agreement will suit your business better. Signing the wrong type of agreement could have consequences for your business and be costly to get out of. Fraser Dawbarns can help you draw up agency agreements and distribution agreements and advise you on which of these will best suit the requirements of your business.

Dispute Resolution

A well written contract will help to protect you against legal disputes, but sometimes disagreements will arise that cannot easily be settled. Fraser Dawbarns have an experienced and effective dispute resolution team that can deal with disputes ranging from small disagreements to complex, high value claims. We will work with you to find the best value and most effective way to resolve your issue which could potentially include negotiation, mediation, arbitration, tribunals or court. The dispute resolution team at Fraser Dawbarns will take a realistic approach focused on achieving your desired outcome. 

Debt Recovery

Unfortunately, sometimes you will provide a product or service for which you do not receive satisfactory or previously agreed payment. It is in your interests to recover any remuneration owed to you as quickly and as cost effectively as possible. The debt recovery team at Fraser Dawbarns will advise you on the best ways to recover your debt. These may include letters of demand, court proceedings or insolvency action. We will pursue the methods that are most suitable to your circumstances.  

Employment Law

Your employees are a crucial part of your business, therefore it is essential to have effective and legally binding written particulars of employment. Getting advice on what you can and cannot include will protect your business and ensure that your employees are aware of their rights and responsibilities. Workplace disputes can be disruptive and costly, so getting good advice early will help you to deal with these issues quickly, fairly and effectively. The employment law team at Fraser Dawbarns can help you to prevent many problems before they become an issue for you and to efficiently and effectively handle any disputes or claims against your business.

Intellectual Property

Our commercial law team can assist you with any intellectual property issues you may have. We can advise you on risks and opportunities within your business, explaining any relevant issues to you and helping you to develop an intellectual property strategy. When you have intellectual property that needs protecting, our commercial law team will help you to apply for trademarks, qualify for copyright or file a patent application so that you can best protect yourself and your business against any potential infringement. Even if everything possible has been done to minimise your risk, sometimes intellectual property disputes arise. If this happens, the commercial law team at Fraser Dawbarns will work with our litigation team to quickly and effectively bring the matter to a resolution.

Other Services for Businesses

The Commercial and Corporate team at Fraser Dawbarns offer a full range of services to business owners and corporate clients.

Corporate Law

If you are looking for legal advice on the structuring of your business or you are exploring your options regarding buying or selling a business, please see our corporate law services page.

Commercial Property

If you are after information or advice relating to buying or selling commercial property, commercial leases, property development, investment and secured lending or environmental regulations and planning law, please see our commercial property services page.