Business Client Services

Commercial Agreements

The world seems to be full of small print that we often do not read. Unfortunately, these documents usually contain the information you need to know about how a contract works (and what happens when it does not). They come in various types, for buying and selling Goods and Services, distributing other businesses products, supplying on-line services, selling your expertise to others, or buying it from them. You might need something drafted, or interpreted, or updated.  Often, a standard generic document will not be fit for purpose, because every business is different.

We can assist with this, after we have properly understood the needs of your business to make sure it is as fit for purpose as possible.

Allied to this is advice relating to or the drafting and interpretation of agreements relating to Intellectual property whether in respect of copyright, trademarks, transfers of IPR, licensing etc.

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Our Approach

A bespoke agreement written by Jackamans puts you in charge of decisions large and small. A sound agreement will allow you to protect your interests while avoiding potential future disputes.

Our commercial experts are well-versed in engineering sales and acquisitions. We can also help secure the future of your business by working to strengthen its existing framework, such as structuring commercial contracts and securing intellectual property rights for you.

Whatever your commercial needs, Jackamans can help to make things happen now, helping to secure your business into the future.

Expertise

  • Consultancy agreements
  • IT contracts
  • Supply agreements
  • Terms and conditions

FAQs

What is a shareholders’ agreement?

A shareholders Agreement is designed to do two things;

  1. To regulate the interaction between the shareholders irrespective of their majority or minority stake in the company
  2. To regulate how this relationship is terminated when a shareholder leaves the company voluntarily, compulsorily, or upon death.

This commentary will focus on the major provisions of a SHA. Different clients want different provisions depending upon their circumstances. There are no right or wrong answers as to what should or should not be in a SHA. What is important is that all the shareholders agree that they are happy to sign up to whatever is in it.

Please remember that a SHA is not a tablet of stone. Shareholders can agree to do something else if they wish at any time provided they agree to do so. Please document any changes to avoid disagreement as to how the SHA has been changed. A SHA is like an insurance policy; it documents what will happen if something goes wrong, or hopefully what might go wrong in the future if there is no change of direction. If this situation does come to pass, and there is no SHA, such disputes can become very acrimonious, protracted, and costly.

Why do you need Terms and Conditions?

All businesses will buy and/or sell something, whether it be goods, services or both. Doing so creates a legal relationship between the parties whether they realise it or not. As general contract law and statute (Sale of Goods legislation for example) may not apply, and if it does, probably will not cover every eventuality, then having a set of Terms and Conditions (T&Cs) is probably a good idea.

Does one size fit all?

Usually not. Although T&Cs say roughly the same thing, each business is different, and therefore T&Cs are best if they are tailor-made. Using a set of T&Cs which do not fit into your businesses’ method of working is likely to ensure that you come unstuck at some point.

For further information click here Terms and Conditions for a Business

Commercial Agreements Team

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