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Commercial Agreements: Drafting, negotiating and reviewing

Ensure your commercial agreements protect your interests

Commercial contracts are private agreements between one or more parties for the purpose of creating rights and obligations for all involved.

 

They fulfill the function of guaranteeing and complying with the agreed conditions. These agreements can be with customers, suppliers, partners and other interested parties, and allow transactions, business and all kinds of operations to be delivered.

Contract Options

The first thing to do when drafting or revising a commercial agreement is to be clear about the services to be provided under the contract. This will frame the document in one of the following forms and purposes:

 

  • Agency Contract
  • Distribution Agreement
  • Confidentiality Agreement
  • Lease Agreement
  • Partnership Agreement
  • Sale and purchase Agreement
  • Franchise Agreement
  • Leasing Agreement
  • Service Provider Contract
  • Guarantee Contract
  • Loan and Credit Agreement
  • Terms and Conditions

 

Once this has been defined, the team at Lexidy LegalTech Boutique will know which standard clauses to include and how to draft them according to the preferences and interests of our client. Importantly, the client will always have the last word and final decision on contractual matters.

What are the requirements?

To engage into a valid commercial agreement, the signatory parties must ensure that the following are met:

  • Consent must be given by both parties.
  • Both parties must have the legal capacity to exercise their rights.
  • The type of performance must be lawful and in accordance with the law.

Process of getting a Commercial Agreement

Every commercial agreement is different and the approach is flexible but generally speaking it follows the below steps.

 

  • Meet with the client to understand and clarify the contract’s purpose and the services to be provided.
  • We create a first draft that is algined with the client’s intersts and respects current legislation. The exact form depends on the client’s position in the contractual relationship.
  • The first draft is presented to the client, who may suggest modifications and/or additions they would like included.
  • If necessary, we will assist or even represent the client in any negotiations regarding te contract with the other parties. This will continue until the final version of the document is produced.
Lexidy is a modern, dynamic, and innovative law firm. We always put customers at the center of our work and do our best to give an exceptional experience. Our expertise in Spain and Portugal allows us to solve complex problems thoroughly and cut all the risks before they may happen.
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How can a lawyer help me?

Contracts are important in commercial matters. They are a written document that reflects the obligations and responsibilities assumed by each of the parties involved. It is essential that the agreements are drafted in a clear and logical manner so that there are no doubts about the terms and conditions.

 

On the other hand, many contracts have a specific framework and therefore specific clauses must be included and terms or provisions must be considered, like INCOTERMS in transport or supply contracts. There’s also the contractual consideration given to time, quantity or indemnity limits.

Moreover, drafting a commercial contract is usually not a task reserved for just one party: often there is a negotiation process in which different versions are drafted, according to the preferences of each signatory. 

At Lexidy, our corporate lawyers have the technical and legal knowledge to prepare this type of document, in accordance with the necessary standards and, of course, with the client’s best interest as the reference point. 

A lawyer will be the appropriate professional to support the client’s claims during a negotiation process and will have the legal expertise to answer, and if necessary rebuff, the opposing party’s amendments.

¨We will be with you each step of your journey.¨

– Immigration Team

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Frequently Asked Questions

You should never sign a contract without having a lawyer reading it first. It’s unlikely you will have in-depth specialist knowledge of the contract or the country where it applies. It is much better to have the help of a professional.

Terms and conditions that are found on the Internet are very general and are not adapted to the specific services of any specific person. Much less, they are very unlikely cover all the possible scenarios that your business may face.

We would always always recommend the counsel of a legal expert.

Spanish law provides for the following contractual remedies:

  • Unilateral termination of the contract if the breach is essential to the contract and is intentionally breached.
  • Remedies of imposed conduct. For example, in consumer sales this incldues repairs and replacements.
  • Remedies of money, such as damages or price reduction.
  • Remedies of ineffectiveness, even if it’s temporary.

With damages, usually there is a payment of a sum of money that’s sufficient enough to compensate the injured party for breach of contract.

The amount of compensation depends on the lost incurred during the breach of contract or the time taken to restore the situation to normal.

In the event of breach of contract and termination of the contract, both the expenses incurred and even, sometimes, the profit that was lost, are considered as damages and are fully recoverable.

Be happy. Join a community of satisfied and successful customers

Ryan Rich
Ryan Rich
12:47 17 Aug 22
Lexidy has helped us so much in both the business and immigration side. We continue to use them for all legal needs and recommend them highly.
Ali Delshad
Ali Delshad
11:49 26 Jul 22
First of all, I would like to appreciate all the team members of Lexidy for helping me to get my residency card.I had a great experience especially on the SEF appointment day with their kind and helpful Brazilian expert which made my experience smooth and without stress.When you decide to work with this law company you should notice that you don’t just pay for lawyers but also for the quality, respect and safety.I’m totally happy with the processes and quality of their job.
Foysal Miah
Foysal Miah
20:47 25 Jul 22
It’s been more than two years now, I have known Lexidy and their amazing team. This company peoples are so active and helpful especially Karla. She is very kind and patience. Really appreciate your job and helping us to get a better future.
RICHARD BRITTON
RICHARD BRITTON
21:46 29 Jun 22
We contacted Lexidy Law boutique when we recently moved from Cyprus to open a new chapter in our lives to move into a house in Brittany that we had bought 12 years previously. We had underestimated the twists and turns involved in obtaining residency in France - so we contacted Lexidy Law Boutique and were assigned Eleonore, an immigration lawyer well acquainted with French immigration laws. From the very beginning we realised she was determined that we should have a successful outcome and she guided us expertly to avoid all the pitfalls in the process of applying for residency. She even accompanied us to the prefecture and ensured that everything went smoothly - without her presence we might well have not succeeded.We thank and highly recommend Eleonore and Lexidy Law Boutique.
Declan Ryan
Declan Ryan
20:48 01 Jun 22
The Lexidy team is uniquely positioned to provide pan-European business and tax advisory services; what would be complex or impossible for a country-specific advisor is straightforward for Lexidy. They answered in days what would take weeks for other firms.
Rick Kleinhans
Rick Kleinhans
13:03 27 Apr 22
Lexidy has been a lifesaver. The entire team has helped us so much on different matters both personal and corporate. Isabel in correcting an error by a previous accountant that was costing us an extra €1000 every month in social security payments! Jose with various matters and tax advice. Diego in helping us get documents notarized in Valencia even though he is based in Madrid. I cannot recommend them enough!
Aleksandar Vorinski
Aleksandar Vorinski
08:12 25 Apr 22
I recently purchased apartment, got NIE and opened bank account with their help. I m satisfied with their service, they are accurate and responsible.
D
D
17:31 24 Apr 22
I’ve dealt with hundreds of solicitors through business over the years but I must say Cristina and Lexidy Law are really something special. Responsiveness, proactiveness, knowledge and professionalism is, quite frankly, outstanding.M.
Sarah Taylor
Sarah Taylor
11:03 31 Mar 22
Lexidy did an amazing job setting up our company in Spain, which was a complicated and lengthy affair which they handled with patience and professionalism. Their ongoing tax, accounting and payroll services have been greatly appreciated. Friendly and professional team with perfect English. Highly recommended!
Jonas Hendrickx
Jonas Hendrickx
15:50 03 Dec 21
The labour law advice I was looking for. Delivered the answer quoting the law texts in Spanish as requested to make sure I was actually getting the correct answer for my question!These people are worth your money.
Kristen Wilkinson
Kristen Wilkinson
14:53 20 Oct 21
Update: While all of the initial responses were pretty quick, they started getting busy, so I had to constantly follow up. We have since sought assistance elsewhere.My husband and I plan to move from the USA to Porto, Portugal in the spring/early summer of 2023. We didn't know where to start or what to expect. I searched online and found Lexidy Law Boutique. Their website is intuitive, informative and inviting. I emailed the office and Lidiane responded within a few hours. Based on the information in my email, she emailed us appropriate information on our situation. She was very professional and offered to set up a web call if we wanted to. We ended up having our web call today and will be starting our journey of becoming Portuguese citizens. She informed us of the first steps, all of the documentation we need and what the law firm can do for us. Right after our call, she emailed us detailed information regarding pricing and what is entailed in that pricing. So far, the beginning of our journey is a positive one.
Parisa Fardad
Parisa Fardad
05:20 21 Sep 21
I have started to work with this company which was my friend recommendation. My first experiences have been very good. They are responsive, friendly and cares about their costumers.
Thijs van de Laak
Thijs van de Laak
05:16 15 Sep 21
I experienced good, constructive and accurate service by Lexidy in composing my SHA. Thanks Hector and Samual
陳震東
陳震東
07:43 08 Sep 21
Samuel is very professional and patient. Really appreciate.
Erik van der Linden
Erik van der Linden
00:01 08 Sep 21
I contacted this company regarding a Labour dispute with a former employer. I quickly got an honest response that according to Spanish Labour laws, nothing could really be done anymore. Impressed with their swift, direct and honest opinion, I explained this was a very unusual case and would like to hire their services. Again I got a swift and direct answer that they did not deal with those kind of cases. Rather than milking a client, they showed admirable integrity by turning down the case…. a rare quality these days. My compliments.
Signore Raffaele
Signore Raffaele
12:53 07 Sep 21
The service I have received from Hector has been extraordinary.He has helped me opening bank accounts, managing my NIE and setting up my company's branch in Spain.I am very grateful for the help and the exceptional treatment and management.I won't hesitate to contact him again for any other business I may need.
ZULFU S.R.O
ZULFU S.R.O
16:40 04 Sep 21
We used Lexidy to help establish our company in Spain. The whole team and especially Samuel, were very helpful and professional. Their customer service is excellent. Prices are reasonable. Highly recommend.
Darren Doody
Darren Doody
17:40 02 Sep 21
Professional Lawyer service which fits around the client. Thank you Max for the expert advise. You have put our minds at rest and look forward to working with you. Definitely would recommend this company.
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