Mirror Image Rule vs. Last Shot Rule
Depending on the industry, a certain percentage of business is conducted vis-à-vis signed contracts. However, my observation is that much of commerce is conducted by the seller submitting its quotation…
Depending on the industry, a certain percentage of business is conducted vis-à-vis signed contracts. However, my observation is that much of commerce is conducted by the seller submitting its quotation…
For many business owners and managers, selecting the right legal counsel can be intimidating. Many businesses, especially smaller ones, worry that the cost of working with an attorney will not be worth…
Buyers and sellers often use a letter of intent (LOI) to memorialize their agreement on the key terms of a transaction. Some of the material terms that are included in the LOI…
One of the most important goals in drafting a contract is to lessen the risk of your business being sued or having to sue another party. Another important goal is to safeguard…
It is important to require all notices to be given in writing and set forth how they should be delivered (personally, U.S. mail, certified mail, overnight delivery service, etc.). The contract should also specify the address where each party will be served with a notice. You should also identify when the notice shall be deemed to have been received, especially if a certain time period starts upon delivery of the notice.
Every industry and type of business requires its own unique contracts. However, there are certain essential terms that should be included in most every contract. Below is a simple summary of several questions you should ask in determining what types of clauses you need in your agreements. Should the contract be assignable? Most parties do not want the other party to have the right to assign or subcontract any part of its obligations under the contract without obtaining express consent. It is important to understand that unless expressly prohibited in the agreement, a contract is presumed to be assignable.
If you’re going to enter into a contract, you want to make sure it is a strong one. Every transaction is unique, but below are a few general tips for ensuring your agreements are solid: Get it in writing Although some verbal agreements can be binding, they can be extremely tough to enforce. You should never take the risk with your business – get your contracts in writing. It will lessen the likelihood of confusion and disputes. Additionally, keep the language simple. Legalese can often make matters unnecessarily complex.
Having strong contracts is one of the most crucial steps to ensuring you have a successful business. Your written agreements govern not only daily operations and deadlines, but also all of the terms and conditions governing your relationship with the other party. When you have numerous contracts, keeping track of all the different duties and obligations can be difficult. As a result, many companies are implementing contract management systems. A contract management system allows you to track deadlines, deliverables, and all of the terms and conditions to ensure customer satisfaction. It allows you to manage your customer’s expectations and relationships, as well as control risk and cost. You can implement best practices and improve all applicable policies and procedures to ensure compliance with the law.
It is a common mistake for users to enter into an outsourcing contract with the assumption that they will automatically be given new or updated technology during the life of the agreement. Unfortunately, unless this is specifically stated in the outsourcing contract, the supplier is not obligated to provide you with upgraded equipment. This can be problematic since advances in technology occur quite quickly. If you are in a situation where your contract does not require the supplier to provide upgrades, there may still be hope. For example, if the supplier is failing to meet certain terms and conditions in the contract, there is likely a provision that works in your favor. Don’t give up hope without having an attorney review your outsourcing contract to determine if you have leverage for a renegotiation of the contract terms.