Business Advice

Commercial Contracts

Business-to-business agreements that work

Where your business intersects with another is the territory of commercial contract law, a Hesketh Henry specialty since our Auckland law firm was established in 1865.

Our experience with business and contract law is second to none, allowing us to focus on the ‘hot spots’ of supply-chain commercial agreements. By paying special attention to the overlap between risk and reward during contract negotiation, our team will draw up or adjust a contract to ensure a result that protects your business. Our mission is always to make the mechanics of contractual rights and obligations unambiguous and ensure appropriate legal protection. We can help you facilitate deals that maximise your interests while maintaining good relationships with all contracting parties.

Any supply arrangement between two businesses falls into the commercial contracts arena. Talk to us about domestic, trans-Tasman and international joint venture agreements, supply and distribution agreements, licensing and manufacturing agreements, and terms of trade. We can also assist with sponsorship agreements, franchising agreements, sales and marketing partnerships and non-disclosure agreements.

Need advice on Commercial Contracts?
Contact the expert team at Hesketh Henry.

Examples of work completed by our team include:

  • Advising a multi-national engineering support services company on the renewal, and variation of, its long term supply contract with the New Zealand Defence force;
  • Acting for a large multi-national on subcontracting various maintenance aspects of the Heavy Maintenance Services for the Wellington Rail Network, including drafting relevant RFP documentation and the subcontracting agreement;
  • Drafting, reviewing and updating and interpreting Terms and Conditions of Trade for a range of sectors;
  • Advising foreign manufacturers in relation to supply of machinery and equipment contracts;
  • Advising a consumer finance company on its contractual relationship with various IT related service providers including credit bureau service providers, telecommunication providers and contracts for its broader IT systems;
  • Advising a manufacturing company on a supply contract with a Chinese manufacturer;
  • Advising a large New Zealand bathware importer on its supply agreements with all of its key international suppliers;
  • Advising an internationally owned forestry products manufacturer in relation to its road haulage contracts and marshalling and stevedoring contracts;
  • Acting for a multi-national manufacturer of rolling stock in relation to the sub-contracting of maintenance services;
  • Advising a large manufacturing client on the purchase of equipment (for approximately 10 million Euros) from an Italian manufacturer;
  • Advising a large franchisor on all elements of its franchise arrangements;
  • Advising a multi-national components supplier on long term supply arrangements with some of its key automotive customers;
  • Drafting and implementing distribution agreements for a leading New Zealand skin care business in numerous international jurisdictions;
  • Advising a baby care business on its New Zealand agencies and distribution arrangements with leading global brands; and
  • Advising a software developer on the services agreement covering its construction of a robo advice platform for a leading financial service provider
Key Contacts
Business team ranked in the latest Legal500 Asia Pacific Directory 2020.

Insights & Opinion / Commercial Contracts

COVID-19 and the Future of Force Majeure
Not since Y2K have force majeure clauses been of so much focus.
Extension of unfair contract terms regime to small trade contracts
New Zealand’s Fair Trading Act (“FTA”) currently prohibits the inclusion or use of terms that have been declared to be an “unfair contract term” in standard form consumer contracts.  The Fa...
23.04.2020 Posted in Business Advice
COVID-19: Contracts – Managing through lockdown and beyond
The current COVID-19 lockdown has brought many businesses to a standstill and, at the very least, interrupted all businesses.  In light of supply chain and workforce difficulties, together with the i...
20.04.2020 Posted in Business Advice & COVID-19
Unfair Contract Terms: High Court issues its first declaration
On 12 November 2019 the High Court issued its first declaration under the Fair Trading Act 1986 (FTA) that terms in a standard form consumer contract are unfair.[1]  The Commerce Commission (Commiss...
14.11.2019 Posted in Regulatory
A million reasons for Rangatira to be bitter about the Tuatara earn-out
The Court of Appeal’s decision in The Malthouse Ltd v Rangatira Ltd highlights some of the risks with earn-out arrangements and, in contrast to recent High Court rulings, illustrates a more traditio...
06.03.2019 Posted in Corporate & Commercial law
Distribution Agreements – 6 Key Considerations
While the exact nature and terms of a distribution agreement will vary between industries and jurisdictions, these 6 issues will always be important.
28.06.2018 Posted in Corporate & Commercial law
Supply agreements, the things you should know before signing
A supply agreement should be viewed as any other binding legal contract, and should never be entered into lightly.
11.04.2014 Posted in Corporate & Commercial law
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