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Business Contracts

Issues that regularly arise in trade and commerce are terms of trade, data protection and privacy issues, performance of contracts and agreements, regulatory compliance and enforceability of contracts, management of liability under contracts, formulating claims and resolving disputes.

Sajen is often approached to advise on the exercise of rights under contracts, including the effect of particular clauses and whether rights under a contract may or may not be exercised. This often determines the scope of a potential legal dispute, its gravity and the various options that may be taken in respect of that dispute.

Contract, Agreement and Trade Lawyers

Sajen have prepared and negotiated, and litigated, contracts dealing with:

  • Multinational banks
  • Publishers, both print and new media
  • Mining and resources
  • Distributors
  • Manufacturers
  • Technology companies
  • Content providers
  • Software houses
  • E-business
  • Government
  • Property Developers
  • Information and Communication Technology businesses
  • Tourism and Hospitality businesses
  • Restaurants, Resorts and event managers
  • Environment and Planning Consultants
  • Building and Construction companies

Our Contract Law services include:

Contract Structuring

Lump sum development contracts; design and implementation contracts; software business terms and conditions. Assignment, licensing and/or transfer of contractual obligations.

Contractual Risk

Advising on the effect of performance obligations and failures to perform under agreements. Interpretation of clauses and entire agreements to help clarify the scope of inclusions and exclusions.

Contract Documentation

Advising on terms of contract, unlawful, unreasonable or unfair terms and conditions. Restraints of trade, application and validity of post-employment obligations. Preparation of outsourcing contracts, service levels

Contract Delivery Advice

Administration of contracts, claims detection, delay and defects in deliverables, claims negotiation, disputes. Regulatory compliance, trade practices, IP rights, IR and property law commercial contracts.

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Management Rights

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Terms of Trade

Any successful business should have documented terms of trade with all external parties and stakeholders that the business deals with to ensure payment and detail the relationship of supply. Terms of Trade agreements include supply agreements, licensing agreements, purchase agreements, distribution agreements and agreements with customers. Terms of Trade need to be tailored for each individual continue reading

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