Contracts between private parties and between Companies (Articles of Incorporation and statutory clauses, shareholders’ agreements, distribution, supply, consulting, share and equity assignment contracts, private contracts, transactions and any other type of contract).
DRAFTING AND REVIEW OF COMMERCIAL CONTRACTS
The starting point for doing business is to have a good commercial contract. A good contract can, in fact, protect you in case of a dispute with your business partner.
Would you like to draft a new contract or revise an existing one? Our lawyers will make sure that your contracts fit your needs perfectly.
Are you having misunderstandings with your business partner? Is your counterpart not complying with the terms of the contract? In either case, our specialists will do everything they can to resolve the problem as quickly as possible.
CONTRACT NEGOTIATIONS
Before you sign a contract, you will need to establish with your counterpart the terms and conditions within which you will conduct business. This time is known as the pre-contractual stage. Our attorneys can assist you during this stage and make sure that the new contract you enter into is suitable for your situation. In addition, we can also help you in drafting a confidentiality agreement and a letter of intent.
With the lawyers at ILC & ASSOCIATES you will have:
- Legally strong contracts
- Adequately drafted contracts
- Always honest and clear advice about your case
- Experience with both small and medium-sized businesses and multinational corporations
- Satisfied clients.
CONTRACT DRAFTING
Do you want to draft a new business contract? In most cases, contract drafting is tailored to each particular situation. This, in fact, limits future risks to your company. We can help you draft different types of contracts, for example:
- Employment contract
- Agency contract
- Distribution contract
- Franchise contract
- Lease contract
- Purchase and sale contract
- Employment contract
- Cooperation agreements
- Revision of existing contracts
Has your business partner asked you to sign a contract? We strongly recommend that you have it checked by an expert before signing it. This way you will be sure that the contract is beneficial to both parties.
Are you curious about whether your contracts are up to date or not? Do not hesitate to contact our lawyers (LINK TO CONTACT PAGE) We will always give you our most honest professional opinion about contracts.
INTERNATIONAL COMMERCIAL CONTRACTS
Does your company do business across national borders? In such cases it is even more important that you have proper business contracts.
When dealing with an international contract, there are even more details you need to pay attention to. First among them: which law is applicable? After all, the law is different in every country. Are you going to enter into the contract by applying the law of your country or that of the other party? Also, in case of a dispute, which court has jurisdiction to decide on the matter? Will it be the Italian court, or that of the country where your business partner is based?
What is most advantageous to do will vary from situation to situation. Whatever solution you choose to adopt, it is important that you state it correctly in the contract, so as to avoid possible complications. In fact, it could happen that, in the event of a dispute with a client from, for example, Germany, a German judge is called upon to make a decision applying, however, Italian law. This is clearly to be avoided, as a German judge has no knowledge of Italian law.
Remember to always seek the professional advice of a specialist in international contracts. Our lawyers will be happy to assist you in drafting your international contract.
LEGAL DISPUTES
Although a good contract can keep most legal disputes away, it is possible that an argument or conflict with the other party may emerge. Fortunately, we can assist you in such cases as well before the Courts in Italy.
We will always do everything we can to resolve any kind of conflict in the quickest and most beneficial way. In addition, we always prefer to try to clarify with your business partner without court intervention. However, when going to court is unavoidable, we will assist you during the litigation and fight for the best outcome for your company.
TERMINATION OF A CONTRACT
If you want to end your collaboration with a business partner, you can choose to terminate the contract. However, ending a contract prematurely always has consequences. For example, you may have to pay compensation to the other party for terminating the collaboration before the deadline. We recommend, therefore, that you consult with a specialist before terminating a business contract. By doing so, in fact, you will prevent the termination of a collaboration from turning into a legal conflict.
OUR LAWYERS
The ILC & ASSOCIATES team consists of international lawyers and specialists. We have knowledge and experience in drafting and reviewing commercial contracts. Do you have any questions to ask one of our specialists? Please do not hesitate to contact us. We will be happy to assist you.
CONTACT A LAWYER
Would you like to receive more information regarding commercial contracts? Contact us. Our specialists will best assist you.
TERMS AND CONDITIONS
We often hear about Terms and Conditions, but what exactly are they?
In Terms and Conditions you can set out clauses that apply to every contract you enter into, such as directions about delivery times, product warranties, accepted payment methods, and instructions on how to file a claim. By putting these rules in writing, you will greatly limit the risks associated with any type of business.
Drafting Terms and Conditions clearly helps lower the risk of having unpaid invoices. Therefore, provisions for payment terms and related deadlines should be set out precisely. In addition, Terms and Conditions also usually include information about product warranties, retention of title, and how customers can file a claim. This is useful to avoid future disputes.
DRAFTING OF TERMS AND CONDITIONS
While each contract is always adapted to suit the client, the Terms and Conditions clause remains unchanged. In fact, your company’s set of Terms and Conditions is applied to every contract you sign. Would you like to have Terms and Conditions drafted for your business or have the ones you have checked?
Remember that to limit as much as possible the risks to which you are exposed, the Terms and Conditions must be designed specifically for your business. In fact, a business that sells goods is exposed to very different risks than a business that offers services. In addition, when drafting your Terms and Conditions, you will also need to consider whether or not you are insured against certain risks and the way your organization has set up certain business processes. This is because, in case something goes wrong, your company will be protected by the Terms and Conditions. In this way, you will not have to deal with legal surprises of any kind. Prevent debt collection by drafting appropriate Terms and Conditions.
UPDATING TERMS AND CONDITIONS
Terms and Conditions should be updated regularly so that they can reflect the company’s current situation and comply with current legislation, which is constantly changing. In this way, you will keep down the risks to which your company is exposed. Are you wondering whether your company’s Terms and Conditions keep up with current legislation and your company’s business operations? Have the ILC & ASSOCIATES attorneys review the Terms and Conditions today!
REVIEW OF TERMS AND CONDITIONS
Send us your company’s Terms and Conditions, our lawyers will review them, and you will receive their feedback within 5 business days. We will tell you which provisions are out of date and what risks you are currently facing. Have you done a review of the Terms and Conditions of your business and they are found to be outdated or, even, incomplete? This needs to be rectified. We will make sure that your company’s Terms and Conditions are appropriate for your type of business.
WHEN DO YOU NEED TO DO AN AUDIT?
The Terms and Conditions were drafted more than 3 years ago
Delivery times for goods are not met
Payment methods are not addressed in the Terms and Conditions
Conditions of purchase are excluded from the Terms and Conditions
The Terms and Conditions do not state which court has jurisdiction in the event of an international dispute
Have a review of the Terms and Conditions of your business now!
THE BENEFITS OF HAVING GOOD TERMS AND CONDITIONS:
- You will have fewer arguments and conflicts with business partners
- Your customers will meet payment terms more and you will have fewer outstanding invoices
- You will have evidence in your favor in case of a conflict with a customer
- You will make your terms and conditions searchable
If you apply the Terms and Conditions in your negotiations, you must make sure that your clients have a copy. Otherwise, you run the risk that your Terms and Conditions will be invalid. In other words, you will have a perfectly drafted set of Terms and Conditions, but they have no validity. You must therefore always give the other party a chance to read your company’s Terms and Conditions.
In fact, when you apply Terms and Conditions, you always have an obligation to inform your customer. You can meet this obligation in the following ways:
You are required to inform, before or during the finalization of the agreement, that the Terms and Conditions will be applied and to provide a copy of them to the customer. If you fail to inform the customer, or if you do so only after finalizing the agreement, your company’s Terms and Conditions will have no legal force.
Can’t get the customer a copy of the Terms and Conditions? You can always inform your client that the Terms and Conditions are available for inspection at the Chamber of Commerce or at the court registry. Clearly, you will need to make your company’s Terms and Conditions available for inspection at the above-mentioned entities.
Finally, you can send the client an electronic copy of your Terms and Conditions, or post them on your company’s website. Make sure, however, that the other party has the ability to save the document.
Do you deal regularly with the same business partners? Then you only need to send the General Terms and Conditions the first time you do business. Subsequent times you will simply refer to the previously sent document. This is as long as you do not change your Terms and Conditions. Otherwise you will, clearly, have to send customers the updated version.
DEPOSIT TERMS AND CONDITIONS
You can file your company’s Terms and Conditions either with the Chamber of Commerce or with the Clerk of the Court. Although not required by law, it offers a number of advantages, including:
Your company’s Terms and Conditions are always available, which is very useful especially when making arrangements over the phone. This way, in fact, your customers can easily read your Terms and Conditions.
Depositing the Terms and Conditions constitutes evidence in your favor. Once deposited, in fact, the date of deposit counts as the date of their entry into force.
INTERNATIONAL TERMS AND CONDITIONS
Do you do business internationally? When your business extends overseas, it is important to adjust your General Terms and Conditions accordingly. For example, your company’s Terms and Conditions should be written in a language that both you and your foreign business partner can understand.
It is important to note that it is not enough to change the language, but the content of the Terms and Conditions must also be adapted when trading with foreign countries. For example, what is the competent court in case of a legal dispute? Preferably, best to avoid the one in your client’s country. However, if you do not clearly state this in your company’s Terms and Conditions, it is very likely that in the event of any legal dispute you will have to go to the competent court in the other party’s country. Don’t let this happen. Make sure your Terms and Conditions protect you as best you can and limit any risk you are exposed to when doing international business.
GET IN TOUCH WITH AN ATTORNEY
Would you like more information about the Terms and Conditions or are you curious about what we can do for you and your company? Contact us. (LINK TO OUR CONTACT PAGE) We will be happy to assist you.
THE LAWYERS AT ILC & ASSOCIATES
- We review hundreds of Terms and Conditions from different companies every year.
- We always give our most honest and sincere professional opinion.
- We work with both small and medium-sized companies and large multinational corporations.
- We leave our clients very satisfied.
Every year, our attorneys check and review hundreds of Terms and Conditions from both small and medium-sized companies and multinational corporations.
Thanks to our experience, we know which elements you need to pay more attention to while drafting your company’s Terms and Conditions. After consulting with our experienced lawyers, you can do business abroad in the safest way for your company.