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Commercial Contracts, Ireland

The need to have commercial arrangements in place that both realise the benefits of your commercial relationships and protect against the down sides has never been more important.  An effective and enforceable set of arrangements with both your suppliers and your customers is the bedrock of financial success for any business.

At Eversheds Sutherland, we focus on the commercial reality that matters to ensure that your contracts deliver the value and benefits you need.  Given our dedicated approach we can be cost effective and insightful, anticipating issues and areas that need to be addressed.

We can help you to understand your options so that you implement the best strategy for achieving your commercial objectives within your budget and appropriate timescale.

Agency and Distribution

For manufacturers, suppliers and brand owners, the right distribution strategy is key to maximising margins and commercial success.  But which is the right model to choose?

Our team understands that for a supplier, the choice of distribution model is critical to the success of the product and the brand.  We understand that the agreement is a long term commercial arrangement just as much as a legal one.  We are able to advise on the advantages and disadvantages of each agency or distribution model and to advise on the most appropriate structure based upon the nature of the product and the supplier’s capability and aspirations.

Our team includes competition professionals who are experienced in the complex national, European and international anti-trust rules that constrain the permitted terms of any arrangement and ensure that the agreements adopted comply with all relevant legislation.  With agents increasingly protected through employment style regulation, our team is able to ensure agency arrangements are compliant but are also able to advise on claims for compensation or indemnity as and when they arise.

Consumer Contracts

We have wide ranging experience in advising consumer facing clients on their obligations to their customers.  Our advice is proactive and we are able to advise from the outset on any issues that may arise during any proposed business venture.

We regularly advise on compliance with unfair contract terms legislation, compliance with pricing and advertising laws and more specific legislation which may apply.

Sale and Supply Contracts

Every business relies on an effective balance between its contractual relations with suppliers that produce inputs into the business and those contracts which secure sales and benefits of the business’s internal activities.

Through our dedicated commercial contracts group, we can help you build a suite of contractual documentation that recognises the key elements of risk and reward and balances them in the way that you intend.

As well as negotiating and concluding some of the key commercial relationships on your behalf we can work with your procurement and/or in house teams to implement contract processes that you can run internally to minimise risk in the most cost effective manner.

Terms and Conditions

It is estimated that over half commercial trading takes place on the terms hidden on the ‘back of an invoice’. Terms and conditions that are not properly incorporated into the contractual arrangements can have no effect or do not reflect the commercial relationship that the parties intended to put in place.

We focus on the issues that matter to your business and can help you put in place systems to both strengthen your contractual position and, more importantly, recognise the key commercial benefits and risks that you face and establish ways in which you can address them on the ground.

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© Eversheds Sutherland LLP 2023. All rights reserved. Eversheds Sutherland LLP is an Irish partnership authorised by the Legal Services Regulatory Authority in Ireland to operate as a limited liability partnership (LLP) under the Legal Services Regulation Act 2015.

Eversheds Sutherland is the name and brand under which the members of Eversheds Sutherland Limited (Eversheds Sutherland (International) LLP and Eversheds Sutherland (US) LLP) and their respective controlled, managed and affiliated firms and the members of Eversheds Sutherland (Europe) Limited (each an "Eversheds Sutherland Entity" and together the "Eversheds Sutherland Entities") provide legal or other services to clients around the world. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements and operate in accordance with their locally registered names. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global LLP. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client.