WE ARE BACK ON BOARD

From Tuesday 9th June, we will resume working from the office and it will be business as usual.

We will be able to hold meetings in the office with you, however if you prefer, we are also available via phone, email or video conferencing.

If you have any questions, please reach out to one of our friendly reception staff, by calling Meyer Vandenberg’s reception on 02 6279 4444 and our team will ensure your call is directed to the appropriate area.

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Contracts

Whatever your business, you will inevitably be involved in any number of contracts, ranging from those with your customers and employees to agreements with suppliers and financiers.

These contracts may or may not be fully documented.

In addition to the contract documentation, there is an increasing body of contract regulation that will affect the parties’ rights under a contract in certain circumstances. These regulations include the consumer protection regimes, unfair contract terms regime and changes to termination rights in the event of insolvency (‘ipso facto’ reforms).

A well drafted contract will allocate risk appropriately and make the obligations of each party clear. We are able to assist our clients achieve their objectives under their contracts while minimising their risk.

What we do

We are here to help with all your contracting needs, and can assist in the following ways:

  • Standard form agreements such as your terms and conditions;
  • Supply and services agreements, standing offers and master agreements;
  • Electronic transactions;
  • Employment contracts;
  • Cloud computing contracts;
  • Confidentiality deeds;
  • Construction Contracts;
  • Preparing or reviewing tender documentation;
  • Preparing contracts for sale or the transfer of ownership;
  • Advising on loan documents and liaising with financiers as well as any secured parties;
  • Drafting agreements for the operation of your business structure, such as shareholder or unitholder agreements;
  • Leases and licences;
  • Franchise Agreements; and
  • Advising on the interpretation of your existing contracts.

In the commercial team, contracts are our bread and butter. We deal with, review, draft and negotiate all sorts of contracts on a daily basis for public and private entities both small and large. We can help you get the agreement you need to take your business forward.

The MV difference

  • We have expertise in delivering both simple and complex transactions in a myriad of industries.
  • We have a commercial approach to drafting and negotiating contracts which allows us to get the best result for you.

FAQs

Can my emails with other parties bind me to a contract?

Yes they can. This will of course depend on the specific circumstances of the transaction and the relationship between the parties, but you should take care with what words you use via email. If the subject matter and contract terms have been finalised, indicating your agreement to those terms could bind you to them, even if your intention was to enter into a contract at a later date.

I have agreed terms with my supplier over the phone, which is the way I have always operated. Why do we need a written contract?

Certainty. The written terms provide certainty as to what the deal actually is, allocate risk and will often deal with the resolution of disputes and other issues that may arise over the course of the transaction, something that is not usually contemplated in verbal negotiations. It is much easier to prove the existence of a written contract and its terms than a verbal contract. To use an old quote: “A verbal contract isn’t worth the paper it is not written on”.

What protection can I get from unfair contract terms?

The introduction of the unfair contract terms regime individuals and small businesses who enter into contracts with larger organisations have had protection from unfair clauses in contracts. Where a contract is a standard form contract and certain conditions as to price and length of contract apply, terms that are considered unfair will be void and not binding. It is important that both larger and smaller entities are aware of the protections and they should ensure that no unfair contract terms are present in their contracts.

Do I need a new contract every time I order new product?

Business contracts may apply to a one off transaction but it is also common for them to apply as an ongoing arrangement that lasts for years. This type of contract is often referred to as a ‘standing offer’ or ‘master agreement’. The terms are agreed upfront and the customer can reorder as many times as they like and the agreed terms will apply to each supply.

Resources

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