Commercial Agreements

Agreements we can help with

The agreements your business needs will depend on its activities, customers, suppliers and plans for growth.

We can assist with a wide range of commercial arrangements, including:

• agreements for the supply or purchase of goods and services;
• agency agreements;
• distribution and reseller agreements;
• consultancy agreements;
• outsourcing and subcontracting arrangements;
• collaboration and sponsorship agreements;
• confidentiality and non-disclosure agreements; and
• licensing and other commercial arrangements.

What should a commercial agreement cover?

Each agreement should be tailored to the particular relationship, but important provisions may include:

• the goods or services being provided;
• each party’s responsibilities;
• prices, commission and payment terms;delivery and performance requirements;
• territories, customers and exclusivity;
• intellectual property and confidentiality;
• data protection obligations;warranties and liability;
• the duration of the arrangement;
• termination rights and their consequences; and
• governing law and jurisdiction.

Certain arrangements—particularly agency, distribution, reseller and collaborative agreements—may also raise competition law or regulatory considerations.

Why are tailored agreements important?

A standard template may not reflect how the parties intend to work together or address the particular risks involved. Unclear or unsuitable wording can create uncertainty about responsibilities, payment, ownership of work, liability and how the relationship can be brought to an end.

A well-drafted agreement provides clarity from the outset and helps the parties manage their relationship effectively as circumstances change.