Commercial Contracts
Supply agreements, services agreements, distribution agreements, agency agreements, joint ventures and confidentiality agreements.
Commercial Agreements That Protect Your Business
A good commercial contract is one you can pick up two years later and still understand exactly what was agreed. The day to day arrangements that go undocumented are usually the ones that cause disputes when the relationship changes. We prepare contracts that reflect the actual deal and allocate risk in a way both parties can live with.
Understanding the Transaction and Commercial Objective
Before drafting begins, we work through what each party actually wants from the arrangement, how the relationship will operate day to day and what success looks like. A contract built around the real transaction is far more useful than one built from a generic template.
Key Rights, Obligations and Risk Allocation
We set out clearly who is responsible for what, what happens if something goes wrong, and how risk is shared between the parties. Ambiguity in these provisions is what usually leads to disputes later.
The Provisions That Matter Most
Performance and Payment
Payment terms, milestones, service levels and performance standards need to be specific enough to be enforced. We draft these provisions so both sides know exactly what is expected and by when.
Liability and Risk
Liability caps, indemnities and insurance requirements determine who bears the cost if something goes wrong. These provisions are often heavily negotiated and should be considered carefully rather than accepted as standard.
Ending the Relationship
We include clear termination rights and, where suitable, a dispute resolution process that encourages a commercial outcome before matters escalate to litigation.
Negotiating Changes
Where the other side proposes changes, we advise on which points matter commercially and which can be conceded, so the negotiation stays focused on what actually affects your position.
How Shah & Co Lawyers can assist
Whatever type of agreement you need, the focus stays on the words that will matter if something goes wrong.
Supply Agreements
Drafting and reviewing agreements for the supply of goods and services.
Distribution and Agency
Distribution, reseller and agency arrangements, including exclusivity terms.
Joint Ventures
Collaboration and joint venture agreements between businesses.
Risk Allocation
Liability caps, indemnities and insurance provisions.
Licensing
Licence agreements for intellectual property, software and brand use.
Negotiation
Negotiating amendments directly with the other party or their lawyers.
Contracts we regularly prepare
- Supply and services agreements for goods and services.
- Distribution, reseller and agency agreements, including territory and exclusivity.
- Joint venture, collaboration and consortium agreements.
- Confidentiality and non-disclosure agreements for transactions and discussions.
- Licence agreements for intellectual property, software and brand.
Frequently asked questions
General information only. Every matter turns on its own facts.
Other commercial law services
Business Purchases and Sales
Acting for buyers and sellers in the sale of goodwill, share sales, asset sales, due diligence, transition arrangements and restraints of trade.
Learn moreContract Drafting
Drafting bespoke commercial agreements that reflect how the deal actually works and protect your position if things change.
Learn moreContract Reviews
Reviewing commercial contracts before signing, flagging risk allocation issues, unfair terms and points that should be negotiated.
Learn moreCommercial Disputes
Contractual disputes, breach of contract claims, misleading and deceptive conduct claims and Australian Consumer Law matters.
Learn moreShareholder Disputes
Oppression proceedings under section 232 of the Corporations Act, deadlocks, share buy-outs and exit arrangements.
Learn morePartnership Disputes
Partnership disputes, dissolution, accounting between partners and disputes over partnership property and goodwill.
Learn moreHave your next commercial agreement prepared properly from the start.
Arrange a confidential consultation. Discreet, professional and tailored to your circumstances.