Business Contracts & Agreements

>Business Contracts & Agreements
Business Contracts & Agreements2018-11-16T17:02:35+00:00

Tailoring commercial contracts for Newcastle, Hunter and Sydney businesses.

Contracts form the legal foundations of business agreements and transactions. Relationships with suppliers, creditors, debtors, shareholders and customers all rely on formal and informal contractual agreements.

Ensuring that your agreements are properly expressed in writing prevents costly legal disputes and ensures that all parties are on the same page.

Why do contracts need to be drafted by a solicitor?

Some business owners try to get by without putting agreements in writing or use old agreements that are past their used-by date. Others try to amend contracts themselves, which often results in the accidental removal of crucial clauses. Whilst engaging a lawyer to draft or review your contracts may be costlier at first, legal action and unenforceable contracts always end up being much more expensive in the long run.

Carefully drafted contracts are particularly important for frequent agreements (such as agreements with customers) and high-value transactions (like those with suppliers). Properly drafted contracts that comply with the law will save you time and money and will give you the security and peace of mind you need to confidently run your business.

What are some common types of contracts?

We draft a range of contracts for businesses in a wide range of industries. Some of these agreements are internal, between the owners of a business (such as shareholder or partnership agreements). Others are between businesses and external stakeholders (like supply or service agreements).

Common contracts include:

  • Sale or purchase of a business
  • Shareholder agreements
  • Partnership agreements
  • Supply agreements
  • Employment agreements
  • Standard terms and conditions for sale of goods and services
  • Joint venture agreements
  • Confidentiality agreements or non-disclosure deeds
  • Licence agreements
  • Distribution agreements
  • Privacy policies
  • Website terms of use
  • Commercial leases
  • Franchise agreements
  • Loan agreements
  • Plant and equipment leases

Looking for something that’s not on this list? We are able to draft, review and advise on all types of business contracts. Contact us to find out what other contracts we can assist you with.

How can our solicitors help?

We can assist you with proposed or existing contracts by:

  • Drafting new contracts
  • Drafting variations to contracts
  • Reviewing and advising on your obligations or risks arising under agreements
  • Advising on enforceability of agreements
  • Taking steps to enforce breached agreements
  • Registering interests on the Personal Properties and Securities Register

Get in contact with us today if you want to discuss how we can assist you with your business agreements.

What laws govern contracts?

Legislation and case law limit the enforceability of contractual clauses. Some examples of limitations on contracts include contracts between businesses and consumers that must comply with the provisions of the Australian Consumer Law. This includes consumer guarantees, unconscionability and unfair contract terms. Some of these provisions extend to contracts with small businesses. The Corporations Act 2001 (Cth) and case law dictate how companies can enter into contracts.

Privacy laws govern how you collect personal information from individuals, and case law prevents “penalty provisions” from being enforceable.

Most transactions will have tax or stamp duty implications. State sale of goods legislation outlines mandatory minimum standards for sale of goods contracts. The Competition and Consumer Act 2010 imposes limitations on conduct that affects competition in the marketplace.

I’ve agreed to something but haven’t signed an agreement – is this enforceable?

Contracts can be created orally or in writing. The problem with oral contracts is that the terms of the agreement are difficult to make out. It’s important to be aware that you can still be bound by an unsigned contract if you have taken actions consistent with the terms of the agreement.

Testimonials

“Butlers prepared standard contracts for every-day use in our business. The team ensured that the contracts complied with Australian Consumer Law and advised on best practices for PPSR registration. Their experience and knowledge in this complicated area was invaluable, and we feel that our business now has the best protection from expensive legal disputes.”

Sam

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Want to talk to one of our experienced commercial lawyers? Call us on (02) 4929 7002, email us or complete an enquiry form.

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