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Business Contracts

Selling and Buying

If your business requires buying and selling goods or providing or taking services then you definitely need to make an agreement to sell and buy. It is safer to have an agreement that mentions all the terms and conditions regarding your purchase or sale. An agreement to sell and buy should clearly mention the date of sale, price of the goods sold or services taken, date of delivery, parties to the sale, mode of payment etc. Any parties who buy or sell goods or avail any services should make such agreements including all the important details of the sale. Even dispute resolution, penalty and legal options should be included so that the future of the business is strong. Selling damaged goods or providing deficit services can entitle the buyer of such goods or services to claim for damages in the consumer Court. Delay in delivery of goods is again another reason for any dispute. Also non-payment of the full amount by the buyer shall also invite penalties. Hence before doing a business in buying and selling, both the buyer and seller should ensure that a strong agreement is in place.

Contracts Include: Sale of goods, purchase of raw materials, service contract, delivery of goods or services, and buy products.

Sub-Contractor Agreement

If you are a general contractor having a lot of business you may find it difficult to complete the contract in time or doing everything yourself becomes a bit tiresome. In such cases you can give sub-contract to some other person who can complete your work. You can make a Sub-contractor’s agreement that mentions all the details of the work to be done by the sub-contractor, time limit to finish the work, payment of charges to the sub-contractor, termination of the agreement etc. Making a sub-contractor agreement is usually done in construction fields where large number of buildings are being constructed regularly. Usually the construction industry involves construction, electrical work, plumbing work, flooring, painting, carpentry etc. All these are usually given on sub-contracts to get the work done faster and more efficiently. So numerous sub-contractor agreements are to be made in such areas.

Distributorship Agreements/Dealership Agreements

Usually the manufacturer of any product, who may also be the supplier of those products, may want to market the products to different areas and territories. It is not possible for the manufacturer to individually take up the selling of the products in various territories. For this the manufacturer needs to appoint distributors to sell the products in each territories. And for this the manufacturer or supplier need to make distributorship agreement to legally validate the transactions. A distributorship agreement should mention all details regarding the manufacturer, the distributor, the product, the commencement of the agreement, the territory, the payment, the penalty etc. A well drafted agreement always helps to take the business forward, and thereby increase sales.

Independent Contractor Agreement

An independent contractor is different from an employee. If you are hiring someone to do the electrical work in your house or making a wooden wardrobe in your bedroom you can engage any person on a contract basis to get the particular work done. Only the outcome of the work is under your control not the procedure or equipments used in doing the work. But if someone completes the job as your employee you cannot make an independent contractor agreement. For that you need to make an employment contract. So before making an independent contractor agreement you first need to understand whether the work you are entrusting to the person is to be done by him as an independent contractor or an employee.

Transportation Contract Agreement

If you are planning to engage any transport services for carrying goods from one place to another or if you are the owner of any transportation company providing services to carry and transport goods from place to place, you need to make a transportation contract agreement. a transportation agreement always makes the entire process of transporting goods safe and secured. the terms and conditions should mention the time and date of starting the transport, the date of delivering the goods to the respective address, the cost of the entire transportation, the safety of goods with regard to breakage, damage, loss, theft, accident, fire, etc, and the penalty and jurisdiction of the agreement.

Catering Contract Agreement

When you have an event happening at your place you would definitely want to arrange some caterers to provide you the food for the event. If you want to engage a caterer to provide the food for the event or if you are yourself a caterer who provides such service to events, then definitely you should make the catering contract agreement. The agreement makes it clear as to how many people are to be served, the payment, the time schedule, the quality of food provided, the recipes and cuisine etc. With the help of a well drafted agreement both the service taker and the service provider can sit relaxed as the whole event proceeds smoothly.

Office Designing Contract

Are you planning to make your office look beautiful and professional? Do you want to engage an interior designer to shape your office with new looks? Then don’t hesitate to make an interior designing contract agreement. On the contrary if you are a professional caterer who takes orders and caters for events, then you should make an agreement with the individual or company that is availing your service. Both parties can make clear the details of the service like quantity of food to be supplied, the day and time, the cost per head, the number of persons for whom the food is supplied, any delay in service, any deficiency of service and the penalty etc. Make your catering contract agreement and relax through the event enjoying every bit of it.

Security Service Contract

Now a days all apartments, commercial buildings, malls, hospitals, schools and even independent houses keep security persons in their complexes. It has become of utmost importance to engage a security in our residential and commercial establishments due to the high number of criminal activities like theft, burglary, murder, harassment etc. There are various agencies who provide such security man-power services. Hence when you approach such an agency to avail of their services of providing a proper security to your apartment or office or house etc, you should always make an agreement for this purpose. The agreement should mention the background checks done on the security person, his identity, residential address, permanent address. hours of duty, payment, leave, salary etc. The agency that provides this service should make it mandatory to make an agreement with the other party. There are some duties and responsibilities attached to the agency that provides such services. First and foremost they have to be genuine. A thorough verification and police checking of the security person has to be done. All personal details of the security has to be obtained after a background check is done. So take precaution and make a well drafted security contract agreement and sleep in peace.

DJ Contract Agreement

Are you getting a DJ to beat all through the night for a party at your place or are you the one who is going to beat the music then you need to make a DJ contract agreement to make clear the terms and conditions of the contract. The agreement must mention the hours of playing the music, the time slot, the payment, the type of music to be played, playlists, etc.

So make a well drafted DJ contract agreement and make your party a success. The DJ also can rest assured that he gets the full payment. If any dispute arises there is always the agreement to rely upon.

Housekeeping Contract Agreement

Getting your house cleaned and maintained regularly can be done by making a Housekeeping contract agreement. The person who wants to get his house cleaned and maintained or the person who is providing the service of cleaning and maintaining the house can make this Housekeeping contract agreement. The time of work, the areas to be cleaned, the payment for the work, the hours of work etc can be mentioned in the agreement. Create a Housekeeping agreement and get the work done promptly and perfectly without the hassles of any unnecessary disputes. The housekeeper can also be assured that he receives the full payment.

Manpower Supply Contract Agreement

Different agencies and consultancy firms supply manpower to various companies or private individuals for the particular kind of work like security staff, housekeepers/housemaids, cooks, drivers etc. Supplying manpower to companies or individuals should always be with the help of well drafted agreements since it involves the risk of strangers being employed with unknown persons. The Supplier should conduct a thorough background check and verify the personal details of the employee before engaging the person under the employment of any others. This agreement becomes essential for those who provide such service and those who avail such service. Both parties need to be transparent and genuine and provide the correct information to the other. The agreement should include the terms and conditions of the supply of manpower, the type of work for which the individual is employed, the time and hours of work, the payment and benefits, the termination of the contract etc.

Breach of Contract Notice

All contracts that are made between any parties are meant to be performed. A contract becomes complete when the the purpose for which it is made is achieved with the terms and conditions being followed correctly. But in most cases we find some contracts get into trouble midway by either of the parties committing any breach of any of the terms and conditions of the contract. When one of the parties commit a breach of any terms in the contract, the other party should issue a notice of breach of contract to the violating party. Such a notice should be well drafted mentioning the terms of the contract and the details of when, where and how the breach has been committed. Sending a notice is the prime and foremost step before taking any legal steps. Absence of sending a notice to the defaulter reduces the chance of making a valid case in the Court. So if any of your contract agreements are breached by the other party, make this notice and send it to them.

Contract Extension Agreement

When a contract is coming to an end and if both parties have been satisfied with the contract and wish to extend the contract for another term they need not again draft a new contract. An agreement can be made stating that the contract continues from the particular date to another date with the same terms and conditions. If any terms need to be added or deleted that can be mentioned in the agreement by properly and correctly mentioning the clause number of the previous contract agreement. So if you are parties to an existing contract and the contract period is coming to an end, then you can extend the same contract by making this agreement to extend the contract.

Maintenance Contract Agreement

Homes, Apartment complexes, business establishments, hospitals, schools etc always have something or the other always getting damaged and requires repair and fixing the damage.

And when this kind of fixings get out of hand and too many in the list then definitely it has to be given as maintenance contract to some parties who take care of the whole maintenance of the office or home as a whole. For this you need to make a maintenance contract agreement. It should mention the type of maintenance, the period of maintenance, the charges and the payment options etc. Maintenance can be for equipments, lift, computers, electrical etc. So you can now concentrate more into your business and home, and relax while the maintenance contractors do their job in peace.

Letter of Intent

When two business entities decide to enter into any agreement they make their points of business clear and their intentions are put into writing in the form of letter of intent (LOI). An LOI is always a letter in writing by the parties entering into a business mentioning their requirements and conditions to be included in the agreement before the finalization of the agreement is made. This is usually done in case of mergers, acquisitions, joint venture agreements, big commercial lease agreements etc. LOI is not binding on the parties. It is an indication that negotiations are going on between the parties to the agreement and hence can ensure that no other parties try to negotiate the same business with any of the parties to the agreement. Make a letter of intent before you sign your business agreements with any other business entity. Negotiate in writing for the future records of business.

Arbitration Agreements

An Arbitration agreement is made by any parties entering into a contract by which any disputes arising between them with regard to the contract agreement is to be resolved without going to the Courts and with the help of an Arbitrator. The agreement should mention who should select the arbitrator, regarding what kind of dispute the Arbitrator should give decision, the place of arbitration etc. The parties need to sign the Arbitration agreement and the decision shall be binding on the parties. So if you are a party to any contract and if you wish to resolve any disputes with the help of an Arbitrator without going to court, then you should make this agreement.

Indemnity Agreement

If you are have a business and you are dealing with third parties within the business or engaging third parties to your business or property, and if the third party causes any damage to your business or property then you will be in trouble. So to escape from any liabilities due to damage or loss caused by third parties it is always safe for you to make the Indemnity agreement. This should clearly mention that you are indemnified from damages caused by third parties to your business or property. Also if you are getting into business with some other company or individual, you can make the indemnity agreement indemnifying the owner of that business from damages and loss caused by you.

Marketing agreements

Getting your products and services reach the customers is mainly in the hands of the marketing professionals in your company. A company  to a large extent depends on its marketing techniques and the persons employed for that task. Most of the companies tend to appoint marketing persons on a contractual basis. such type of dealings should be purely written and in the form of a marketing contract agreement. The marketing agreement should mention details like the target of sales, the incentives and payments, the time limit for certain period of marketing, the mode of marketing and the strategies to be implemented by the marketing person as per the advice of the company etc. In this manner the company will have the benefit of implementing its ideas of marketing through the party appointed for it. Hence don’t take up the marketing of your products and services on your head, just give a contract to any third party by making this marketing contract agreement and concentrate on the other area of business.