Drafting and review of standard contracts
Lawyer for Business and Professional Services in Axarquia
Lawyer Specialising in Drafting and Reviewing Standard Contracts
In virtually all businesses, what are known as standard or generic contracts are used, i.e. the same contracts are used, with perhaps minor modifications, for a generality of customers or suppliers.
If this is our case, they may contain general terms and conditions, which apply to all our customers. They are also very likely to contain unfair terms, i.e. terms that cannot be imposed or enforced on a consumer, as a matter of law.
As professionals or entrepreneurs and precisely because of the agility and immediacy required in business, it is the most normal and even desirable to use this type of contract and this type of general condition. We cannot negotiate each and every condition with each and every one of our clients, at least some of them will have to be designed for all of them, or for a certain type of them.
However, there is no problem in using this type of contract and general condition, they must comply with a series of requirements established by law and court rulings, as otherwise they could cease to apply or even be annulled and considered as not having been put in place as if they had never existed.
In addition, when our client is the end consumer, we must take special care to ensure that there are no clauses in the contract that could be considered abusive, as, in addition to the above, we could face significant financial penalties from the consumer authorities.
At our firm we take care of drafting this type of contract according to the needs of your business, guaranteeing that they comply with the regulations and reviewing them periodically to adapt them to new developments in the field, avoiding penalties from the Administration and claims from clients. Both as part of the general consultancy service and separately, if required.