Enterprise and business
Commercial contracts
Commercial contracts – pre-contractual stage, contractual stage, post-contractual stage and legal conflict
When drawing up international commercial agreements, it is important to first determine exactly what the parties are intending and what the goal is they want to work towards. Below is an overview of the different moments when drawing up a commercial agreement is important. The purpose of all agreements mentioned is to protect your company as well as possible from a legal point of view and to create clarity between the parties what has been agreed and what the mutual expectations are. Generally speaking, there are four stages with regard to drawing up an international commercial agreement.
Four stages in the drafting of international commercial contracts
- Pre-contractual phase – the preliminary phase of an international commercial agreement. This is where the parties want to establish their intention to do business together, by means of a Letter of Intent. It is also possible, for example, that parties already have an agreement in certain areas, in which case it is more convenient to draw up a Memorandum of Understanding. Also called a MOU.
- Contractual phase – drawing up an international commercial agreement. This is when the parties have reached agreement on commercial matters and there is a need to lay down the agreements that apply at that time. A number of examples of this type of commercial agreements or contracts are long-term agreements, fixed-term commercial agreements, buy/sell agreements, joint-venture agreements, etc. If it concerns the sale of certain products and/or services of your company, this would be a purchase or sale agreement of certain products or services or if it concerns indirect sales, an agency agreement, distribution agreement or franchise agreement.
- Post-contractual phase – the phase after the agreement or contract has been concluded. This is the phase where the agreed commercial agreement is carried out by the parties. It may be that adjustments have been made by both parties with regard to the implementation of the commercial agreement, then it is possible to draw up an Addendum to be attached to the commercial agreement.
- Legal conflict after the commercial agreement has been concluded. This is the phase where the parties are no longer in accordance with the applicable agreements or when one of the parties has a different view of the applicable agreements. In such cases, the attorney at law will be able to advise your company about which agreements have been made and what the possibilities are to, for example, terminate or cancel the commercial agreement.
More about enterprise and business:
Click further if you would like to know more about how we can advise you in the following areas/topics:
SPECIALIZED LAWYERS
These are our lawyers who specialize in this area.
Furkan Alkilic
Peter de Graaf
Justin de Vries
Gentia Niesert
More about Entrepreneurship & Business
Qualification of the employment relationship: management agreement or employment contract?
The qualification of an employment relationship is of great importance. It determines which rights and obligations the parties have towards each other. The relationship between employer and employee is very different from the relationship between client and contractor. If possible, it is wise to make as clear as possible an agreement about the relationship. This prevents problems in the future. But what if the parties have a different opinion about the qualification of the employment relationship?
Non-competition clause for commissioned workers and the prohibition on obstructing competition
In the assignment contract between the client and the contractor, a non-competition clause can be agreed - just as with employers and employees - so that the client can protect its business interests when the relationship with the contractor ends.
No-risk policy: points of attention for employers
In this article we discuss the so-called 'no-risk policy' and points of attention for employers who employ personnel with a no-risk policy. We discuss what the policy entails and what this means for the reintegration obligations when the employee becomes disabled.
