The rights and obligations of each party should be laid out in specific language that leaves little room for interpretation. If you want delivery on the 15th of each month, use the specific number instead of writing, "mid-month".
If you and the other party agree to a new term or decide to change an existing term in the agreement, be sure to add a written amendment to the contract rather than relying on an oral agreement. A court may or may not accept the oral agreement as part of the contract. It's important to specify how payments are to be made.
If you want to pay half up front and the other half in equal installments during the life of the contract, state that, as well as the terms under which you will release payment. For example if you contract with someone to paint your business offices, you might want a provision stating that your regular payments are contingent upon a certain number of rooms being painted to your satisfaction.
Whenever possible, list dates, requirements and methods of payment cash, check, credit. Contract disputes often center on money, so you'll want to be as specific as possible. Often when entering a business contract, the other party will gain access and insight into your business practices and possible trade secrets. If you do not want the other party sharing this information, you should include a clause that binds the other party from disclosing your business information or information included in the contract to other parties.
Contracts aren't meant to last forever. If one party continually misses payments or fails to perform their duties, you want to have a mechanism in place so that you can relatively easily terminate the contract.
It could be a mutual termination agreement when the objectives of each side have been met through the contract or more likely an agreement that either side can terminate if the other side violates a major term of the contract, after giving proper notice of its intent to terminate. Use specific numbers when talking about dates, such as March 17 instead of mid-March.
Indicate the date when the contract was signed, the date when payments are due and the date for delivering products or services to the client. Explain the process involved in enforcing the terms of the contract, including the steps to be taken if one party breaches the agreement. Include a termination clause explaining how and under what conditions the contract can be terminated. Indicate monetary details, such as interest charges, costs or payment arrangements.
If the client has to pay a penalty for not honoring an agreed-upon payment, it should be indicated clearly in the contract. Include a date line and signature for every party to sign, and a space for a witness's signature. Ask a lawyer to review the contract to ensure it is properly prepared. Based in Ontario, Gary White has been writing business-related articles since Seven Elements of a Business Contract. Describe your obligations, including the service you must perform to fulfill your obligations under the contract and be as detailed as possible.
For example, if you are writing a marketing brochure for a customer, describe the length of the brochure, the purpose of the brochure and establish that you are only responsible for providing the text, and not the layout or design, for the brochure.
In the case of out brochure writing example, this might explain that the client is responsible for providing the copywriter with business information in a word processing document to describe the business and the information to be included in the brochure text.
Describe the payment terms for the transaction, including the total amount for the service, how much and when the deposit is due and how much and when the final payment is due. Spell out a time line or milestones.
Include specific dates for the delivery of parts of the service or the final deadline for the service to be complete. Write a termination clause that explains the steps that one or both parties need to take in order to terminate the contract. For example, you may say that either party can terminate the agreement with a written day prior notice to the other party. Also, include payment terms for any work completed to date that the customer is responsible for paying for this portion of the work.
Write a dispute clause to establish the handling of a dispute between the two parties. For example, arbitration is one method the parties can agree to in the case where a dispute arises between them.
Writing a business contract that protects your interests while balancing your business objectives is critical to your business' success. But while you should get acquainted with the legal terms and processes for writing a contract, sometimes it's best to have an attorney review your contract before it .
You might need to write a business contract any time goods, services, money or anything else is exchanged. All kinds of business relationships thrive on contracts, and entities involved might include individual people, companies, non-profit groups, corporations and organizations.
You need more than a handshake. Make sure it's a done deal with a professional Business Contract. When it's in writing, it's easier to prevent miscommunication because the . Must a contract be in writing? There are laws in Illinois and other states that require certain kinds of contracts to be in writing. The most common are. A contract for the purchase and sale of real estate; A contract that cannot be performed within one year; A contract with certain governmental authorities.
In the business world, most agreements should be in writing even if the law doesn't require it. A written agreement is less risky than an oral agreement, because you have a document that clearly spells out each party's rights and obligations in case of confusion or disagreement. 2. Keep it simple. Some business people tend to ignore the importance of business contracts because they believe they face little risk of a lawsuit. Written business contracts are more legally binding than oral ones, and they help business owners identify -- and avoid -- business partners who might not live up to their word.