
Force Majeure Clauses in Australian Contract Law
Force majeure clauses are a critical component of many contracts, particularly in Australia, where the concept of force majeure is not recognised under common law. These clauses provide a mechanism
Prosper Law drafts, reviews and negotiates sales and distribution agreements. We have worked with sellers and customers of goods and assisted with domestic and international supply agreements.
The terms of both a sales agreement and a distribution agreement can be complicated. At Prosper Law, we help to prepare and explain supply contracts using plain English so our clients can focus on the deal at hand.
Our supply agreement lawyers will ensure your contracts include appropriate Incoterms, insurance requirements and product warranties.
If you want a sales agreement legal team with extensive experience working with Australian and international retailers, manufacturers and distributors, contact Prosper Law’s contract lawyers.
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Prosper Law can draft template sales and distribution agreements tailored to your specific requirements. We will ensure that all the necessary terms and conditions are included in the agreement to protect your interests.
Our lawyers focus on critical rights such as exclusive distribution, intellectual property, limits of liability and minimum stock requirements, to name a few.
Our templates are purpose-built to suit our clients’ business. The contracts are written using simple and easy-to-read language and are user-friendly.
If you have been presented with a sales agreement by the other party, we can review the agreement to ensure that it is fair and favourable to you.
We will identify potential risks or unfavourable clauses and advise you on negotiating or modifying the agreement.
Prosper Law’s team of lawyers understand how to identify key commercial items and put them at the forefront of the review process.
Our lawyers can represent you in negotiations with the other party to the agreement.
We use our professionalism and experience to advocate for your interests and help you secure the most favourable terms possible.
Our negotiation process may start with a schedule of departures and progress to face-to-face negotiations with a supplier, distributor or customer.
If a dispute arises regarding the supply of goods under an agreement, we can assist you in enforcing the agreement and protecting your rights. We can also help you to enforce your contract by taking appropriate legal action.
We take instructions on how you want us to manage your contract dispute. Whether the aim is to preserve customer relationships or get a good outcome, we're here to help.
Our dispute advice offering includes clear communication with our clients, so we have a full understanding of what is important to you.
Our legal services are offered on a fixed fee basis. Our clients know how much they will pay for our services upfront. We pride ourselves in giving our clients a positive experience and doing away with unknown legal bills.
There are lots of options when it comes to choosing legal experts. At Prosper Law, our contract lawyers have built a large portfolio of clients, receive excellent reviews and have repeat clients.
Take a look at our reviews and find out why clients across Australia choose us.
Our law firm packs a punch when it comes to the calibre of clients we work with. Our clients include international retailers and distributors and big brands.
Australian companies seek legal advice from Prosper Law because of our experience in drafting, reviewing and negotiating sales agreement terms.
Our team of contract lawyers are skilled negotiators and understand the important aspects of sales and distribution contracts.
Meet our team of professional contractual lawyers – you’ll be glad you did.
Sharmala Coldwell2024-10-04Trustindex verifies that the original source of the review is Google. I recently worked with Farrah at Prosper Law on an employment contract issue, and I couldn’t be more impressed. She was highly professional, and her communication was consistent throughout the entire process. Farrah explained everything clearly, making sure I fully understood my options and felt confident moving forward. I highly recommend her services to anyone needing legal assistance with employment contracts. Shane Jackson2024-08-26Trustindex verifies that the original source of the review is Google. I sought the services of an employment lawyer to provide advice around the impact on my employment contract in relation to the acquisition of my business unit. I am very happy with the expert advice received from Farrah Motley - she was very responsive, approachable and thorough. I found both her and her team super prompt at responding to my queries. In such a stressful situation, she was able to provide some much needed assurances. Jacke A-C2024-08-26Trustindex verifies that the original source of the review is Google. I contacted employment lawyers Prosper Law, regarding an employment law issue recently, and was very happy with their advice. The turn around was fast and efficient, and there was a written note following our phone conversation which highlighted all the points covered for me. I would recommend this firm if you have an employment law query or issue that you need help with. Anthoney Rimmer2024-07-28Trustindex verifies that the original source of the review is Google. Prosper Law helped us navigate the complexities of employment law. They are our trusted employment lawyer. Deborah Lawrie2024-05-15Trustindex verifies that the original source of the review is Google. Brooke Ferris at Prosper Law has helped me navigate copy write issues and a Life Rights agreement. Brooke is thorough, fast, efficient and knowledgable and has a no fuss down to earth approach. I am very grateful for her help. CENDRÉ AUSTRALIA2024-04-24Trustindex verifies that the original source of the review is Google. Prosper Law were so easy and quick to communicate with. Employment Lawyer, Krystal, was incredibly helpful. We were on a tight schedule and she made it happen quickly and efficiently, meanwhile answering any and all our questions we had regarding the contract. Highly recommend!! Miguel Diaz2024-03-14Trustindex verifies that the original source of the review is Google. Parkinson’s Queensland engaged Prosper Law to assist with a contract review. Their contract lawyer was fast, approachable and provided excellent customer service. Highly recommend Prosper Law if you are looking for a well-rounded contract lawyer or need help with contract reviews. Elizabeth Roughan2024-01-31Trustindex verifies that the original source of the review is Google. First timer to this online service but loved it. Quick, efficient and online so no dressing up to go into the city! Have already referred a business partner. Will continue to get advise on contracts from them moving forward. Holly Teague2023-09-11Trustindex verifies that the original source of the review is Google. Big Thank you to Krystal and Prosper Law for expediting my employment contract and getting it back to me within 48 hours. Would definitely recommend if you are looking for an employment lawyer.
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An international sales agreement is enforceable. However, there are some important things that need to be handled by an experienced contract lawyer.
This may involve considering dispute resolution clauses, the law governing the contract, due diligence on the other party and any security, retention or guarantees that may be needed.
Enforcing an international sale agreement can be complex, and enforcement steps may vary depending on the circumstances. Consulting with our experienced lawyers will ensure that you have the best chance of enforcing your agreement.
The price of a sales contract template or a sales contract that is specific to a supplier or client will depend on a number of things. For instance, the length of the agreement, price adjustment review formulas, and whether the sales contract is just for goods or goods and services. In general, Prosper Law’s clients pay between $950 to $3,500 plus GST for a sales contract template.
A distribution agreement is a type of contract between a supplier or manufacturer and a distributor. It outlines the terms under which the distributor sells and distributes the supplier’s products. The agreement typically includes details such as the rights and obligations of both parties, and the territory in which the distributor can sell the products.
A distribution contract will also address pricing and payment terms, the duration of the agreement, and any exclusivity or non-compete clauses.
In sales contracts, there are several common terms and conditions that typically appear. Some of these include:
The specific terms and conditions in a sales contract will differ in each contract depending on the arrangement. Talk to our sales contract lawyers for advice on the best terms for your business.
It is not mandatory to register goods on the PPSR. However, registering a charge on the PPSR gives you additional rights. For example, you will be entitled to recover the goods if a buyer goes insolvent, and your rights in the goods are officially recorded on a public register.
If you have a long-term supply agreement, it is important that you are able to adjust the price of goods. You can address this in several ways. For instance, the sales contract may include a formula that is triggered by currency exchange rate fluctuations or commodities price benchmarks.
A price adjustment clause may also be triggered if your costs to purchase or transport goods increase.
Our contract lawyers recommend listing the agreed express warranties within the contract itself. However, if implied warranties apply (for instance, because of the Australian Consumer Law), the written agreement needs to be consistent with those warranties. An experienced contract lawyer can manage this in the contract terms.
Unfair contract terms law may apply to a sales agreement. If unfair contract terms apply to your arrangement, it may be necessary for you to negotiate the terms of your sales agreements. This will help to show that the parties involved were able to put forward changes. An example of an unfair contract term is where a seller expressly disclaims liability for defective goods and the buyer is a small business.
Force majeure clauses are a critical component of many contracts, particularly in Australia, where the concept of force majeure is not recognised under common law. These clauses provide a mechanism
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