We have a commercial law team with more than 40 years’ experience offering legal advice to businesses throughout Suffolk and the UK.
We offer our clients assistance with:
- Commercial Contracts
- Supply Agreements – Agency distribution and Licensing
- Banking and Security
Areas of Commercial Legal Advice
The team has a wide experience of advising a variety of clients on an extensive range of commercial contract arrangements. We can provide assistance on matters from a simple review of trading terms and condition to complex outsourcing arrangements with intellectual property and know-how licensing implications. We will understand the issues and ensure that your key concerns are covered and risks protected. Our services include advising on:-
- Agency and distribution agreements
- Collaboration agreements
- Research and development agreements
- Supply of goods and services
- Terms, conditions and trading agreements
- Web hosting and e-commerce
- Manufacturing agreements
- Procurement contracts and projects
We advise clients operating in a range of sectors and invest time in understanding your business, your market and your aims so that we can provide valuable input.
Supply Agreements – Agency Distribution and Licensing
All of these deal with permission from one party to sell or distribute products and services belonging to another party. Each can have very similar features although there are important differences:-
- Agency agreement – the agent sells goods or services on behalf of the seller, the customer’s contract is with the seller not the agent. The agent does not acquire ownership of the goods or services.
Distribution agreements – the distributor sells goods he acquires from the seller, but the distributor “takes title” to the goods (in other he buys the goods from the seller). The customer’s contract is therefore with the distributor, not the seller.
- Licencing agreement – a “licensee” is granted the rights to provide goods or services to customers using the brand name or intellectual property belonging to the “licensor”.
Supply agreement – this agreement documents the terms under which the supplier supplies goods or services. Typically it covers matters such as pricing, payment terms, product warranties, retention of title clauses. Often it comes in the form of set of supply terms and conditions.
Some contracts can be hybrids containing elements of more than one of these types. For example, a licence agreement often has a distribution element to it, and elements of supply terms and conditions will often form part of an agency agreement.
At Gross & Co we take care to talk you through your various options for your supply arrangements, so that you can make the choices that best suit your business objectives
Companies and organisations are continuing to seek cost-effective ways to manage and undertake non-core activities.
We can advise on the full range of outsourcing issues including contractual, employment and HR matters, such as the implications of TUPE. We can assist with planning a strategy of any outsourcing projects, helping to identify potential risks and issues in advance so they are provided for during the process. We can assist on appropriate and effective performance management criteria and ensure that the parties have the key rights to promote a successful arrangement.
We understand the practical challenges of implementing effective outsourcing and are always willing to share the benefit of our experience with our clients. Our advice frequently covers:-
- Outsourcing agreements
- IP licencing and ownership
- Know how licences
- Employment, HR and TUPE
- Effective termination of arrangements.
Banking and Security
We act for both borrowers and lenders and other security holders on most aspects of banking, finance and security work.
We also act for businesses and high net worth individuals in situations where they are acting as lenders (perhaps to finance a property development or other venture).
We can deal with all aspects of this work from drafting facility agreements and priority arrangements through to dealing with taking and perfecting security. We have significant experience in relation to acquisition finance, secured property lending, asset finance and invoice discounting.
Our experience of acting for borrowers and lenders in relation to these transactions means that we can anticipate lenders’ requirements, and the various technical issues which may arise, and deal with these in a way which minimises delay and unexpected costs.