Fellous Avocats · Expertise
Commercial contracts
Drafting, reviewing and negotiating service, distribution and supply contracts, then monitoring their performance.
Talk to the firmUnderstanding
What a commercial contract should describe
A standard template does not always reflect how the business is actually organised.
A contract commits the parties to a way of working as much as to a price. It describes what is expected, the resources provided and how changes in the relationship will be handled.
For a service, distribution or supply arrangement, the analysis starts with the flows: who orders, who delivers, who approves and who pays. It continues with liability, rights in the deliverables and the conditions under which each party may continue or leave the relationship.
How we assist
From the first discussion to renewal.
The firm handles one-off contracts as well as templates used on a recurring basis: targeted review, drafting based on how your business operates, or negotiation. In the event of a disagreement, the signed documents are compared with actual performance (orders, deliveries, approvals, invoicing) to prepare a discussion, an amendment or the handling of the dispute.
- 01
Drafting a suitable framework
Identifying the parties, defining the services and organising approvals. Technical schedules, financial terms, the timetable and liability are examined together to avoid gaps between what was negotiated and what will be performed.
- 02
Negotiating the key terms
Term, exclusivity, ownership of deliverables, confidentiality, liability and exit conditions: each clause is considered in the overall economics of the relationship. The firm prepares comments and assists with the exchanges within the scope of the engagement.
- 03
Adapting the commitments
An offer, a point of contact or a volume of business may change. The firm reviews amendments, renewals and performance difficulties to determine how to adapt the existing documents and keep a clear record of what has been agreed.
The firm
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The firm's lawyers who handle these matters. Each profile sets out their background and areas of practice.
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Further reading
Publications
- Commercial law: understand, anticipate, actContracts, terms and conditions and commercial relationships: the topics the firm covers to support businesses throughout their life.
- General terms and conditions of sale and useA starting point for reviewing the documents that govern a commercial activity and the relationship with its customers.
Related areas of expertise
Related sectors
Your questions
Frequently asked questions
Can a contract drafted by a partner be reviewed?
Yes. Send the draft, its schedules and the main correspondence. Specify the points already negotiated, those still open and the intended signing date.
Can a signed contract still be reviewed?
The analysis remains useful to understand the obligations, prepare an amendment or assess a dispute. The options depend on the contractual provisions and on how the relationship has been performed.
Which documents are useful for auditing internal templates?
Templates, general terms and conditions, schedules, examples of use and the difficulties encountered help identify the situations the documents actually need to cover.
Can the firm assist with the negotiation?
The scope may include preparing comments and following the exchanges with the partner. The terms of the engagement and the fees are agreed beforehand.