Commercial Lawyer Osborne Park

Do you need an experienced commercial lawyer?

Our expert lawyers will assist and provide professional advice and solutions for the following commercial law services:

Contact Expert and Professional Osborne Park Commercial Lawyers

How Can Commercial ABMS Lawyers Help You In Osborne Park?

Contracts and agreements play an important role in everyday business life.

Are You Preparing And Reviewing Contracts For Your Business?

There are six clauses that should be reviewed when under taking a contact review.
  1. Important Dates & Deadlines Knowing the dates and required deliverables that are required along with ensuring that they match with any verbal agreements is an important step during the reviewing stage. By making sure that adequate planning is in place you can prevent signification consequences of breaching a contract by missing an important date or deadline.
  2. Termination & Renewal Terms To avoid getting locked into an agreement longer than initially thought the contract required, you will need to ensure that you completely understand the termination and renewal terms.Automatic renewal language and the opt-out windows are aspects of the contract that should be carefully reviewed and understood. Our lawyers will assist with understanding the terminology to help you better make an informed decision.
  3. Clear, Unambiguous Language When there is unclear or unambiguous languages in a contract it can lead to potential conflicts once the contract is signed and has become in affect. It is best to avoid this and ensure that the language is as clear as possible to avoid any misinterpretations.
  4. Key Clauses & Terms When reviewing a contract each line is important and contain relevant requirements and clauses however some are more noteworthy than others.Depending on the specific company and the industry the contract terms will likely be different but certain terms may require additional time to ensure they contain acceptable language. These terms include, confidentiality, indemnification, termination, and dispute resolution.
  5. No Blank Spaces When drawing up a contract, contract templates can offer a a faster way to complete the drafting process, however any blank spaces will need to be filled or removed before the contract is signed. Failure to do this can result to costly issues for your business.

Do You Need Assistance With Debt Recovery?

ABMS Lawyers have years of experience with commercial law, including handling debt recovery legal action for institutions and business’s of all different sizes.

Do you need Urgent Debt Recovery?

We understand the urgency of debt recovery and that it needs to be resolved asap. Our lawyers will assess your case and determine the best way to proceed, whether that is a letter of demand, a court summons or serving a bankruptcy notice.

Cost Clauses in Your Contracts

When selling goods or services it is important to have terms and conditions to ensure that you can claim your costs of recovery of outstanding debt. By having a well-prepared terms and conditions costs clause will allow the recovery of more legal fees and expenses that may have been incurred. 

Want To Create Or Review Confidentiality And Non-disclosure Agreements?

Confidentiality and non-disclosure agreement contracts are legally binding. The aim of this kind of contract is to ensure that specific information is kept secret and confidential.

Types of Confidential Information:

  • New product process or invention
  • New design that is going to be applied to a product
  • Communicating trade secrets and know-how to employees or consultants

Osborne Park Commercial Lawyers

Do You Know What Terms And Conditions There Are For Your Business?

Depending on the type of business you have there are different terms and conditions that may apply. Terms and Conditions should consist of:
  • Outlining the type of service or goods your business provides
  • Payment terms
  • Warranties and protections
  • Refunds and returns
  • Termination

There are some common terms and conditions that all businesses should include in order to protect themselves.

Some of the terms and conditions that you may want to consider for your business include:

    • Shipping: This outlines how and when products will be shipped to customers.
    • Warranty: This assures customers that they will be satisfied with the quality of the products or services they receive.
    • Return/Refund Policy: This gives customers a way to get their money back if they are not satisfied with what they have received.
    • Payment: This explains how customers will be charged for products or services.
    • Limitation of Liability: This protects businesses from being held liable for any damages that may occur as a result of using their products or services.
Return/Refund Policy: This gives customers a way to get their money back if they are not satisfied with what they have received.}

Be sure to consult with an attorney to ensure that all of your terms and conditions are legally binding.

What Is A Joint Venture Agreement?

Usually a joint venture is defined as an agreement that is established between two or more organisations for a specific project. These agreements are enforceable in the same way any other contract is. When is a joint venture agreement needed? Often this type of agreement is made when organisations want to work together to expand their available resources. It can also be used as an alternative to outsourcing or establishing a formal business partnership. A joint venture agreement should set out:
  • the roles and responsibilities of each organisation involved;
  • how the joint venture will be structured and run;
  • what the objectives of the joint venture are;
  • how any profits or losses will be shared.
It is important to have a joint venture agreement in place as it can help to avoid any disputes that may arise during the course of the project. If you are thinking of entering into a joint venture, it is advisable to seek legal advice to ensure that the agreement you are entering into is fair and beneficial for all parties involved. Advantages:
  • Provide an increase in products or services.
  • Improve the access to resources or staff.
  • Temporary commitment.
Disadvantages:
  • The possibility to lose a income tax-exempt status in the case of a not-for-profit organisation.
  • Risk fo conflict.
  • Interpersonal conflict with the other organisation.

Thinking About Entering In A Partnership Agreement?

Our professional commercial lawyers provide expert legal advice about what you should be aware of when entering a partnership agreement.

Do you need a Partnership Agreement?

This type of agreement is a contract that is entered into between yourself and your partner in business. It will outline each partner’s responsibilities and duties they will need to uphold and fulfil. This agreement will help determine how important matters are undertaken and the way that decisions are made as well as how disputes are handled.

Once the document has been written up and each of the partners has signed, the contract becomes legally binding and enforceable.

What Terms Should be Included in a Partnership Agreement?

  • Financial Contributions
  • Profits and Losses
  • Obligations and Rights
  • Decision Making
  • Dispute Resolution
  • Exit
  • Term
  • Termination

Experienced Perth Commercial Lawyers

Are You Looking At Creating Or Reviewing A Deed?

There are many different types of contracts in commercial law. One type is a deed, these contracts are specifically used when each party will promise to or commitment to do something.

Deeds are often used commercially to indicate the serious nature of a commitment, such as when substantial interests are at stake. A deed is usually needed if:

       

      • Assigning intellectual property between to companies.
      • When you need to ensure that another party does not disclose confidential information when entering a non-disclosure deed.
      • After a dispute, documenting an agreement that you have reached with the other party.
      • Bank guarantee or letter of credit.
      • Transferring property, like the sale of a house.

    What is the difference between an Agreement and a Deed?

    In modern contract law the fundamental elements must include:

    • Offer and acceptance
    • An intention to be legally bound
    • Consideration

    In an agreement, consideration demonstrates that both parties have accepted and agreed to provide or do something in return for a promise.

    However for a deed there is no requirement for consideration for it to be legally binding. The binding nature of a deed means that both parties have already demonstrated their willingness to be bound into the deed agreement.

    Common Types of Deeds:

    • Deed of termination
    • Escrow deed
    • Financial guarantee or letter of credit
    • Deed pool
    • Indemnity deed
    • Confidentially deed

    Do You Know What Kind Of Security Agreement You Require?

    Usually when securing a loan there is a requirement to provide some form of guarantee to the lender. Often this takes the form of an asset that the lender can sell off if the loan is not payed off.

    What is a Guarantee security agreement?

    A guarantee is a  simple security document that will state the conditions where the guarantor will take over the borrower’s repayment obligations if there is a default. One of the responsibilities of the lender is to ensure the guarantor is able to fulfil the obligations that are outlined in the guarantee. The guarantor is also obligated to ensure the borrower will be able to uphold their obligations in repayments.

    Guarantees can be provided by:

    • Individual’s
    • Company’s
    • Another type of corporate entity

    For small businesses, it is common for an individual to provide a guarantee. For larger more corporate entities the company will guarantee the repayment of a loan that has been borrowed by a subsidiary company has taken out.

    It is advised that personal guarantees are avoided as this type of guarantee can expose the individual’s personal assets to the creditor.

    What Should You Look For In A Commercial Leasing Agreement?

    When entering into a commercial lease agreement it is important that the terms and conditions and any obligations are carefully analysed and reviewed. The legally binding nature of a lease agreement can effect the value of a business. What is a Commercial Leasing Agreement? A leasing agreement is an agreement between a lessor and a lessee, often to utilise a place to conduct business such as an office, warehouse, or industrial property for a given amount of time. Do You Know the 4 Essentials of a Commercial Lease Contract?
    1. Offer – The demonstration of willingness to enter the contract.
    2. Acceptance – A clear and unambiguous agreement to the terms of the lease.
    3. Intention to create legal relation – Both parties must have agreed and intent to enter a legally binding agreement.
    4. Consideration – The price the lessor has stated for the lease.

    Talk to our Commercial Law Experts Today

    Looking At Acquiring A Service Agreement?

    There are common clauses that are often within service agreements these include:
    • Payment – The negotiated fees that the Supplier will be paid, including how and when.
    • Termination – The terms that state when the Supplier has fulfilled their agreement. Also what essential terms that can cause a breach in the agreement. Both parties are able to terminate the agreement in the case of a breach.
    • Confidentiality – Both parties must not disclose confidential information.
    • Delivery of services – The supplier has agreed to deliver its services ensuring not to interfere with the clients activities along with following all applicable laws, regulations, industrial awards and guidelines.
    • Dispute resolution – The required method of resolving disputes between client and supplier, such as the use of arbitration or mediation.
    • Intellectual property – Generally the client will be the owner of any intellectual property that is created in the provision of the services.
    • Outsourcing – The acknowledgement of the Client that the Supplier may use subcontractors to provide the specified services. Often the Supplier is required to provide certain warranties in regards to subcontractors.
    • Non-circumvention – The Supplier understands that they will need to go direct to their client and to not go around them.
    • Quality of services – The completion date and how well it matches the job description provided in the proposal.
    • Term – The expressed  length, commencement and completion date of the agreement.
    • Inspection and testing – The performance of the supplier’s services must be disclosed to the client along with providing the ability and opportunity for examination and tests.

    When are Statutory Letters of Demand Required?

    Statutory letters of demand are useful for many different reasons, some of which include:
    • Used as a form of evidence that the dispute has been attempted to be settled fairly and amicably before resorting to legal proceedings.
    • Serve as a form of  legal evidence that the creditor provided sufficient opportunities to the debtor to fulfil the payment.
    • Provides an opportunity for the debt owing party to pay before the legal proceedings have commenced.
    • Allows the party owning the dept notice of the creditors intention to begin legal action if the debt has still not been repaid.
    • Reduces the change of a more expensive legal action being undertaken leading to further damage to the debtor and debtee relationship.
    What is a Letter of Demand? This is a formal document that demands the repayment of a debt. They are sent to a party that has not responded to invoices or more standard requests for dept repayments. Letters of demand should only be used for good and services debts not for loss or damages.

    How Franchising Agreements Are Different From Other Legally Binding Agreements

    The key difference between Franchising Agreements and Legally Binding Agreements is the franchisee has the ability to leverage your established intellectual property to operate a profitable business. What is a Franchising Agreement? A legally binding contract that has been entered into between a franchisee and a franchisor. This type of agreement formalises the relationship and creates certain legal obligations that both parties must adhere to. What the the Standard Terms to a Franchise Agreement?
    • Intellectual property
    • Royalty Fees
    • Term and renewal
    • Occupation of the premises (appliable for premises-based businesses)
    • Marketing and social media
    • Approved products
    • Minium performance criteria
    • Manuals
    • Termination
    Three ways a franchisee can enter into a franchise agreement:
    • Sole trader
    • Corporate franchisee
    • Corporate trustee

    Entering In A Commercial Loan Agreement?

    What is a commercial loan agreement?

    This type of agreement is generally undertaken between a lender such as a bank and a borrower. It is a legally binding contract that will detail all of the monetary features that will be involved in the transfer.

    Within a Standard Commercial Loan Agreement will be the Following Essential Clauses:

    • Introductory Clause – This section contains the important details about the parties that are entering into the agreement, such as name and address of lender bank along with the date of execution.
    • The Definition or Interpretation Clause – A list of the key terms that are being used within the agreement.
    • The Condition Precedent Clause – This section outlines the legal financial and administrate conditions that are required by the borrower before the loan disbursement.
    • Representation and Warranty Clause – Within this section the focus is on the legal capacity of the borrower to enter into a loan agreement and will also ensure that the lender bank and all factual and legal representations within the agreement are correct.

    Do You Suspect Misleading and Deceptive Conduct?

    Conduct within trade or commerce that is performed that results in a person to be mislead or deceived will enable them to seek damages. Misleading or deceptive conduct is expressly prohibited in the Australian Consumer Law – Competition and Consumer Act 2010. This section is used with trade or commerce disputes between consumers and business or business to business. To fall within this section the conduct must be in trade or commerce. Some examples of misleading or deceptive conduct of a consumer include:
    • Promotions or advertisements that are  show inaccurate or false information.
    • Statements that fail to contain or correctly provide important information.
    • Purposefully conveying a false impression, such as passing off as another brand or false association.
    It is important to note that section 18 will not apply to private transactions. Such transactions include the sale of a vehicle from one individual to another.

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