Your checklist of contract risks:


1. contract check:

When did you check your model contracts the last time?
Is the particular subject of your contract described concretely?
Have you taken precautions for your individual risks, e.g. contractual penalty resulting from fixed time agreements?

2. contract-negotiations:
Who fits the contract negotiations into a correct contract draft?
Who thinks creatively about reducing your liability?
Who drafts your contract - your contract partner?

3. signature-regulations:
In your company who is allowed to sign what? Do you follow dual control? Are your guidelines easy to handle?
 
4. distribution contracts:
Did you consider everything when drafting distribution contracts? Can expensive factors occur which haven’t been considered (sales agent)?
Did you knowingly exclude UN-purchase law?
Do you have contact persons abroad?
Who translates your contracts?
Do you integrate an arbitration clause in contracts with Eastern Europe?
Do you consider rules governing use of local language in foreign countries, e.g. packaging inscription, user guides etc., e.g. in PL, HU, CZ, SK?
 
5. delivery contract, service contract, contract of manufacture:
Use the actual legal regulations to minimize your reduction of liability, e.g. deferred delivery, contract penalty, defects, subsequent harm caused by a defect?
Is your legal coverage sufficiently organised?
 
6. advertising contracts:
Do you receive the service that you believe you have ordered?
Is it possible, that you pay for activities though you didn’t want to have them?
Dürfen Are you allowed to use what you paid for always and everywhere?
Do you pay for mistakes of the agency, e.g. in case of production of brochures or marketing-ideas, that violate the law?
 
7. software contracts:
Do you look out for a good and detailed requirement specification?
 
8. general terms and conditions „conditions for purchasing and of sale“:
Are your general terms and conditions up-to-date?
Are your general terms and conditions an integral part of the contract at all?
How do you deal with the contracts of your partners? Do his terms and conditions conflict with yours? What applies then?
How do you exclude individual clauses effectively (amendment of contract)?

9. assurance contract:
Are you sure that your credit assurance pays in all cases? Did you really adapt your assurance to your conditions? Check it up. In the event of this not being so, this can be expensive for you.

10. training: introduction of contract law:
Do you know the difference between warranty (by law) and guarantee (voluntary)?
Do your employees with customer contact (management board, distribution, service etc.) have a basic knowledge of contract law?
Your customer respects knowledge in this area and you will be protected against „expensive“ suboptimal decisions.
 

What can Recht & Management do for you?


Recht & Management helps you with:
  • the drafting of contracts
  • the check of contracts , wich were drafted from third persons
  • the training your employees
 

Conclusion:


Minimize risks of contract drafting,
recognize crucial passages,
negotiate optimal conditions,
enhance customer satisfaction, because „customised“ solutions go down well.

 

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