Contract law
A wide variety of contracts acts as a fundamental tool for any businesses of all types and sizes-entailing aspects of purchase contracts, leasing contracts, maintenance and supply contracts, licence agreements, service contracts or cooperation agreements - as well as contracts in labour law.
In spite of that, the vital importance of contracts can thus be often underestimated - regardless of the nature, whether it is negotiated individually, used as model contracts or GTCs.
A well-drafted contract forms the backbone of a thriving business relationships. We ensure your contracts are drafted to fit each and every conundrum your company foresees, serving you with a competent legal protection.
We offer a broad spectrum of services of drafting, reviewing and negotiating contracts. For good measure, we enforce your contractual claims or effectively defend against unjustified claims.
Individual contracts
Preferably, non-standard contractual matters should not be handled with standard contracts "out of the drawer" manner. The risk is far too great that a standard contract does not take sufficient account of a legal situation which cannot be standardised. Evidently, minor details in a contract which reflects the requirements and requisites of the contractual partner into account can be decisive towards the economic and legal success of a contract (or a binding agreement?).
For these reasons, we duly review individual draft contracts submitted to you, alternatively, outline your very own individual contracts in every essential aspects of private commercial law (cooperations, including, but not limited, to licences in the IP areaetc.). Of course, we offer our support in contract negotiations if required: openly in communication with your potential contracting partner or as your professional advisors in the background, if this seems sensible. We perform our services in German. Additionally, we also facilitate competent services in English for your international affiliations.
Do you need legal support for important contract negotiations or a contract that is precisely tailored to a specific project, for example?
Contact us at +49 (0)221 59714 140 or by e-mail at koeln@smb-legal.de.
Standard contracts, GTC etc.
Of at least equal importance in companies are often standard contracts that are used online and/or offline. However, it is precisely these contracts and also GTCs as well as revocation instructions that must be carefully drawn up and kept an eye on from time to time to ensure it is up-to -date. Especially when standard contracts are used in large numbers (for instance, online sales of goods, etc.) and case law "suddenly" deems individual clauses to be invalid - particularly in businesses with end customers - an outdated or inaccurate contract can possibly trigger large number of claims. In addition, a breach of competition often occurs at the same time.
This needs to be counteracted: with individual standard contracts for your specific business model, sustainable review, updating of standard contracts, GTCs, revocation instructions and so forth.
Do you need standard contracts, GTCs or revocation instructions etc. tailored to your company´s suitability?
Contact us at +49 (0)221 59714 140 or by e-mail at koeln@smb-legal.de.
Enforcement of contractual claims
If contracts are not adhered to in the business environment, this can be simply construed as an economic risk for companies. Nevertheless, it is important to act skilfully in such situations as one says “not to shoot at sparrows with cannons”, one must also not remain inactive nor unresponsive perennially out of "false consideration", such as for long-standing business relationships.
Hence in these circumstances, we provide support in the (extra-)judicial enforcement of your claims - for individual cases, in connection with the reminder and enforcement of large number of claims (legal debt collection). We thoroughly evaluate contractual agreements, reliably assess the legal scenarios involving all relevant parties. As a result, we provide clarification to you as our client all the prospects of success related to enforceability of your claim, claims for rescission, reduction or damages
In the event an out-of-court settlement is unattainable, we provide our services to carry out judicial enforcement of your claims throughout Germany. On top that, we have hands-on experience fit to represent you cross-borders in "Alternative Dispute Resolution" such as arbitration, including to accommodate for those conducted in English. If contractual partners brings unjustified claims against you, we are pleased to appear on your behalf prior and throughout matters related to the court.
Do you need legal assistance in enforcing or defending against contractual claims? Do you want to enforce or defend claims for damages, reduction, etc. or withdraw from a contract?
Contact us at +49 (0)221 59714 140 or by e-mail at koeln@smb-legal.de.