Contracts and Commercial Documents
We write contracts in plain English that non-lawyers can understand with less legal jargon. When drafting your contract we aim to tailor it to your business needs and circumstances. When you appoint us as your commercial lawyers, we may:
- Review the terms of a contract and explain your rights and obligations under that contract before you commit yourself to it.
- Suggest amendments to a proposed contract in order to protect your commercial interests.
- Negotiate on your behalf with the solicitors for the other parties so as to alter or remove what is against your interests.
- Advise you on what steps can be taken if someone else breaches a term of a contract between you, and
- Assist you prepare your response to a claim by someone else that you have breached a contract.
Our law firm can provide you with a comprehensive range of contracts adapted for your business, such as a:
- Joint Venture Agreement
- Partnership Agreement
- Shareholder's Agreement
- Contract for Sale of Business
- Franchise Agreement & Franchisor disclosure document
- Terms and Conditions of supply of goods or services
- Online business Terms and Conditions
- Retail Lease & Commercial Lease
- Service Contract
- Option Agreement
- Supply Agreement
- Manufacturing Agreement
- Merchandising Agreement
- Copyright Licence & Copyright Assignment
- IT Development, Support & Maintenance Agreement
- Software Development Agreement
- Independent Contractor Agreement/Consultancy Agreement
- Confidentiality Agreement & Non-disclosure Deed (NDA)
- Employment Contract
- Exclusive Distribution Agreement.
Contracts and Commercial Documents FAQ’s
Why should I get a lawyer to look over my contracts rather than just copying someone else's document from the Internet?
We have seen “one size fits all” agreements being adapted without any input from a lawyer and the result can be dangerous. You risk entering into the wrong type of agreement (legal-wise and tax-wise) or it really might not suit your business goals at all. To avoid this, we encourage you to prepare a list of things you would like to see within your agreement, and then bring it to a reputable commercial lawyer. We can prepare a formal contract that protects you as well as being tailored to your particular requirements and industry.
When you sign a document you will usually be bound by all of its terms even if you did not read or understand it. We therefore strongly caution you against signing any contract before a lawyer has checked it. We regularly review contracts and agreements and can advise you on changes and updates to protect your legal position and advance your business goals. When you enter into so-called “Standard Terms & Conditions” of your suppliers without reading the "fine print", you can risk facing Court action if things go wrong.
How often should I update my contracts?
Your Terms & Conditions of trade should be updated regularly and changes will become necessary to accurately reflect any variation in the way that you supply your goods or services. Your Terms & Conditions should also be reviewed by a business lawyer and possibly updated whenever there are changes to statutory laws that apply to your business. Certainly any terms and conditions prepared prior to 1 January 2011 (i.e. the start of the Australian Consumer Law) should be checked and updated. For more information, please click here for Our Newsletters.
What terms should I have in my contract?
We develop each contract for your business circumstances including drafting customised terms and conditions of supply. We also take into account warranties, conditions and guarantees implied by statute into consumer contracts (i.e. ones less than $40,000) such as:
- that goods and services must be fit for purpose
- that goods must be of merchantable quality
- other consumer guarantees applying from 1 January 2011.
Ideally, a standard form contract should not be too one-sided in favour of the supplier. Otherwise a consumer of goods or services (purchased after 1 July 2010) can challenge and invalidate an "unfair contract" under the Competition and Consumer Act (Cth) 2010. Some other examples of laws taken into account in consumer contracts are the Sale of Goods Act (NSW) 1923 and the National Consumer Credit Protection Act (Cth) 2009. Any Terms & Conditions of trade which have no reference to at least one of these laws should also be checked to see if they adequately deal with compulsory terms imposed by legislation. For more information, please click here for Our Newsletters.
N.B. These FAQs are general information only and are not intended to be definitive advice on the subject area. For legal advice relevant to your particular situation, please contact us today and talk to a business lawyer. |
