Skip to: Trading terms & order forms | Agency & distribution agreements | Manufacturing agreements | Software/website development agreements
Trading terms & order forms
Having clear written terms of trade and order forms is the best way to prevent disputes with your customers. Put simply, if your customers know the rules before they buy from you, there should not be anything to argue about if you supply products or services in accordance with those terms. It is important that your terms reflect the way that you operate – generic terms of trade may be radically different and therefore unsuitable.
To help you avoid problems with customers, Tyler & Co can:
- Draft terms of trade and order forms that are tailored to the particular way that you do business;
- Advise you on ways to improve your business procedures; and
- Help you modify your trading terms if they do not cover a situation that has arisen with a customer.
Marketing or selling goods, services and software involves legal issues as diverse as contract terms, anti-competitive conduct, labelling, product liability, tax and privacy laws.
Written contracts lay a firm foundation for building strong relationships with customers and minimise the risk of disputes, provided they define each party’s rights and responsibilities clearly. Often the process of negotiating contract terms raises issues which can be discussed and resolved before any actual transaction (or disagreement) occurs.
Tyler & Co has long experience in crafting contracts covering a wide range of products and services, both for specific single transactions (e.g., design and construct projects) and for high volume retail sales (e.g., boxed software).
To help you develop firm customer relationships, Tyler & Co can:
- Draft contracts that are tailored to your particular product or service and terms of business;
- Assist you in negotiations with other parties;
- Advise you on ways to improve your business procedures; and
- Help you modify your contract terms if they do not cover a situation that has arisen with a customer.
Agency & distribution agreements
Appointing an agent or distributor requires a high level of trust and involves significant risk for both the principal/supplier and the agent/distributor. Understanding the risks and clearly defining each party’s rights and responsibilities in writing is the key to a successful relationship.
Tyler & Co has long experience in crafting agency and distribution agreements that protect the interests of the parties and minimise the possibility of disputes that may lead to litigation.
To help you create strong agency/distributor relationships, Tyler & Co can:
- Assist you in negotiations with the other party;
- Draft agreements that are tailored to your particular agency/distribution arrangement and preferred method of operation;
- Advise you on ways to improve your business procedures; and
- Help you modify your agency/distribution terms if you have experienced problems with the other party to them.
Manufacturing agreements
Appointing a manufacturer or being appointed as a manufacturer requires involves significant risk for both the manufacturer and the customer. It also involves legal issues as diverse as contract terms, international trade law, anti-competitive conduct, labelling, product liability, tax and privacy laws. Understanding the issues and the risks and clearly defining each party’s rights and responsibilities in writing is the key to a successful relationship.
Tyler & Co has long experience in crafting manufacturing agreements that protect the interests of the parties and minimise the possibility of disputes that may lead to litigation.
To help you build strong manufacturing relationships, Tyler & Co can:
- Assist you in negotiations with the other party;
- Draft agreements that are tailored to your particular manufacturing arrangement and preferred method of operation;
- Advise you on ways to improve your business procedures; and
- Help you modify your manufacturing terms if you have experienced problems with the other party to them.
Software/website development agreements
The relationship between a software/website developer and its client is similar to that between an architect or builder and its client. Whilst the parties may start off with a well-defined project plan, changes along the way carry a high risk of cost increases and/or disputes over results.
Clear written contracts lay a firm foundation for strong working relationships between the parties. Often the process of negotiating contract terms raises issues which can be discussed and resolved before any disagreement occurs.
To assist you to avoid the pitfalls of design and construct projects, Tyler & Co can:
- Assist you in negotiations with the other party;
- Draft sound development contracts, built on practical considerations, to protect your interests; and
- Guide you through management of the project, so as to minimise the possibility of disputes arising.
