A contract is a legally binding agreement between two or more people and usually undertaken by way of an offer and acceptance.
When drafting contracts we must consider all parties interests and that these are documented concisely as it is a requirement that the terms are clear and an agreement has been reached. However, it is equally important to cover the legal issues, including common provisions, at the same time. D’Angelo Legal will happily draft documents as required, in plain English, so that your interests are protected.
At D’Angelo Legal we can advise and prepare contracts to record almost any lawful circumstance and various party intentions no matter how big or small.
For practical and commercially orientated advice contact D’Angelo Legal today to see how we can assist you in drafting a contract tailored to your needs.
Equally important is to review a contract before signing it. You should never sign (execute) a document if you do not understand it. If you have been presented with a contract and have not understood it or would like to know what all or parts of the contract mean including your obligations, speak to us today.
Drafting & Review/Advice
Our Commercial Lawyers can review contracts in plain English – assisting clients in wading through the complex legalese that still exists in legal contracts. We seek to assist clients in understanding what they are signing, negotiating changes where necessary, to ensure their contracts are as fair as possible and address all of the client’s concerns with the relevant transaction. We meet with our clients to ascertain the conditions of the agreement they are not willing to negotiate on and by knowing these “deal-breakers” we can better advise our clients and take steps to ensure they are getting what they require from the transaction.
We not only review contracts, but also draft them in plain English. We can draft various types of contracts for clients, including:
- Terms and Conditions;
- Sale / Purchase Agreements;
- Employment and Subcontractor Agreements;
- Supply Agreements;
- License Agreements;
- Hire Purchase Agreements;
- Credit Terms and Guarantee documents relating to trade accounts;
- Loan Agreements and all associated security documents (drafting and registration);
- Privacy Policies;
- Deeds of Guarantee;
- Deeds of Settlement and Release;
- Heads of Agreement / Terms sheets, as a precursor to Sale Agreements; and
- Most other agreements between related and arm’s length parties.
Lending & Security Documents
D’Angelo Legal is experienced in preparing lending and security documents that will be specifically designed and expediently prepared to meet the client’s needs. We can assist with drafting various agreements where monies have been loaned to another party, or even a related party. We also provide advice regarding security risk and prepare and register relevant security documents.
The types of documents we may draft and / or review in this regard include:
- Acknowledgement of debt;
- Loan agreement;
- Mortgage agreement;
- Caveat; and / or
- PPSR charge deeds.
It is important that loan terms are made clear and adequate security is taken to protect the lender, but also to protect the borrower.
As a full service firm, we can also assist with demands and enforcement proceedings where there has been a breach of an agreement.
Terms and Conditions
We are quite often engaged to commence debt collection proceedings against debtors, only for our client to become aware that their terms and conditions of trade do not allow them to claim legal costs or interest. Do your terms and conditions include the right to charge interest (including post-judgement interest) and legal costs to the debtor? If not, you may be limited in what costs you may claim from the debtor, potentially leaving you out of pocket – even if you win in court.
Your terms and conditions should address:
- What standards apply to your products and services;
- The quoting and variation process;
- The inclusions and exclusions in your service;
- Payment terms including interest and fees;
- Default costs and legal costs;
- Refund and change of mind policy;
- The rights and obligations of the parties.
We provide assistance to our clients in reviewing the terms and conditions, as well as drafting the same.