Commercial contracts
In an increasingly competitive environment characterized by growing and complex trade, commercial contracts are at the heart of companies' economic activity. Contracts formalize commercial and business commitments. They are a valuable tool for managing, preventing disputes, and enhancing the value of a company's intangible assets.
In the industrial sector, contracts play a central role in structuring and securing R&D, production, and commercial relationships. These industrial contracts must precisely define complex commitments in terms of performance, compliance, deadlines, quality, and liability. They make it possible to anticipate technical uncertainties, organize risk sharing, formalize validation or acceptance procedures, and protect industrial know-how or innovations.
Furthermore, IT projects, which are often complex, are subject to strict deadlines, deliverables, performance obligations, service levels, etc., which require specific contractual provisions. Whether for software development, integration, or maintenance, IT contracts must set out the obligations of each party, the deadlines, and the responsibilities of each, while ensuring the protection of intellectual property rights, data management, and the confidentiality of the information. A tailor-made contract, adapted to the nature of the project and operational needs, is essential to secure the commercial relationship, deliver the project, and prevent technical or contractual disputes.
We can assist you from the pre-contractual negotiation period, for the drafting and signing of the contract, but also for monitoring performance and managing contractual commitments.
Because each activity and each company has its own regulatory constraints, processes, working methods, and risk acceptance, contracts are better if tailor-made.
Depending on the co-contractor, the contract may be drafted in legal design to facilitate understanding, acceptance, and enforcement.
What type of operation requires a contract?
Whether structuring a customer-supplier relationship, forming a strategic partnership, or overseeing a distribution operation, every commercial relationship shall be formalized in a contract to prevent disputes and protect the company's interests.
Contracts are necessary at every stage of business life:
- Information exchange (NDA);
- Image rights agreements;
- Purchase, sale, rental, transfer, licensing;
- Provision of services;
- Distribution, franchising;
- Commercial agents;
- Partnerships;
- Manufacturing, subcontracting;
- R&D, prototyping;
- Technology transfer;
- Collaboration, consortiums, etc.
These complex operations require appropriate commitments. Sending or signing quotes, issuing invoices, or exchanging emails is not sufficient to cover this type of transaction.
Why secure your business relationships with a contract?
Poor drafting, an unbalanced clause, or the absence of an appropriate legal framework can expose the company to numerous risks:
- Difficulties in interpreting or executing the contract;
- Disputes over the obligations of the parties;
- Unfair or unexplained breaches;
- Unfair practices;
- Contractual or extra-contractual liability;
- Loss of data or competitive advantage;
- Disputes before commercial courts.
By anticipating its weaknesses, the company gets a tool for managing legal risks and securing its growth.
The role of the lawyer in commercial contracts
Contract management & Valuation
We conduct an audit of your contractual practices to identify risks and map contractual relationships.
We assist you in drafting commercial and industrial contracts and in negotiations (NDA, general terms, service, distribution, franchise, commercial agent, subcontracting, manufacturing, R&D, or technology transfer agreements, consortium, etc.).
We offer team training in contract engineering.
Defence & Litigation
We defend your interests in pre-litigation and litigation matters: analysis of the legal consequences in case of unforeseen or change of circumstances, breach, delay or sudden termination.
Favoring amicable dispute resolution, we prepare formal notices and settlement agreements specific to your situation. We assist you in your amicable negotiations and represent you before civil and commercial courts.