Trading Arrangements

Protect your business with tailored trading agreements. We advise on commercial contracts, terms and conditions, distribution and compliance.

Down arrows
emw legal expert talks to new clients in office about tailored trading arrangements for those in northamptonshire milton keynes and hertfordshire

TAILORED TRADING AGREEMENTS THAT WORK FOR YOUR BUSINESS

At EMW, we understand that every business is unique. That’s why we take the time to get to know you: your goals, your challenges, and your commercial priorities. This deep understanding allows us to provide clear, strategic advice that’s commercially focused, pragmatic, and always aligned with your bottom line.

Whether you need support drafting and/or negotiating complex trading agreements, or reviewing existing terms of business and arrangements, our priority is simple: to protect and promote your best commercial interests. Every agreement we advise on is tailored to your business objectives, delivered on time and within budget.

We’re proud to advise a diverse client base, from global brands and publicly listed UK companies to high-growth regional technology firms and service providers. Our legal experts work closely with clients at every stage of their business lifecycle, from early-stage innovation to scaling internationally and building globally recognised brands.

Whatever stage you’re at, we’re here to help you trade smarter and more securely.

WE LEGALLY ASSIST, GUIDE AND ADVISE AND TAILOR TRADING ARRANGEMENTS FOR YOUR BUSINESS

It’s easy to overlook the fine print, but your commercial terms play a vital role.  Do your terms adequately limit your liability? Do they ensure that you get paid on time and protect your intellectual property?

It’s not just a case of having terms and conditions, you also need to ensure that those terms apply properly. That means more than just a standard document tucked away on your website. To be effective, your terms must be actively integrated into your sales and purchasing processes. This may involve reviewing your order forms, quotes, invoices, purchase orders, and online transactions  and making sure your team knows how and when to rely on them.

Whether you’re trading on standard terms and conditions of sale or purchase or entering into long term supply or purchasing agreements, we’ll draft and prepare the relevant documents tailored to your operations, industry and risk profile, and help you properly implement them. That includes reviewing how you contract with customers and suppliers in practice, and providing practical guidance and training for your sales, procurement or operational staff.

With the right agreements in place, your business can trade with confidence, knowing your rights are protected and your risks are controlled.

For businesses providing financial services or providing services to the financial services sector, it is important that they know where to turn in order to understand the nuances of this complex legal area. EMW regularly advises on banking and financial services matters, including perimeter guidance analysis on whether regulation is needed, completing applications for regulatory authorisation, advising on regulatory activities and negotiating EBA-compliant agreements.

One of the biggest issues that many businesses face with commercial, technology and data protection compliance is a knowledge gap. We have developed specialist training in all of these sectors to help your people increase their awareness of the legal issues in these disciplines and how to practically navigate them. We can provide foundation training (for those with little or no knowledge) or professional training (aimed at those who are in house lawyers or professionally qualified) and intermediate training (being a level between foundation and professional training).

Additionally, if you would like a member of our specialist team to attend an event to present on issues regarding commercial, technology or data law or to provide a comment for a publication, please do get in touch with us on enquiries@emwllp.com. We’d love to hear from you!

If you’re looking to grow your business, you might be tempted to use the franchising route.

From a franchisor’s perspective, you want to ensure your business format is protected and that you have sufficient control over your network; you might have spent years constructing and fine-tuning what you do, so you don’t want someone to benefit from it without the appropriate fees and royalties being paid or they could ruin it or its reputation.

For franchisees, it can be exciting to be embarking on a new venture, however from our extensive experience it is essential to understand the challenges, consequences and implications of entering into a franchise agreement to make sure that the franchise you’re being granted accurately reflects your understanding.

Social media now forms a key promotional tool for many businesses to engage with their customers and reach new audiences.  In addition to creating eye-catching posts, reels and memes, the use of ‘brand ambassadors’ and influencers helps businesses reach even more people.

We can help put in place agreements with social media partners, including brand ambassadors / influencers, to make sure that everyone is clear on what’s expected of them and to ensure that advertising rules are adhered to.  Our experts are also well placed to advise on advertising compliance for press and online promotions, product claims (e.g. greenwashing), and competitions/prize draws.

It’s vital that the effect of competition law is considered in all trading arrangements as the implications of falling foul of the law are expensive with significant fines and criminal sanctions. We can get your agreements in a form that keeps you on the right side of the law.

Competition law also applies if you are planning a merger and we’ll help you to achieve a merger or acquisition through our control process. We can ensure you don’t breach competition law by drafting procedures and compliance programmes and training your staff on the implications.

If you’re manufacturing or supplying goods, your choice of how you distribute those goods is vitally important to commercial success. Will you appoint distributors or agents to resell? Or will you sell directly? We’ll consider with you the best strategy for your business and the protection of your brand.

Our experienced commercial team will tailor trading agreements to suit your business model, ensure compliance with UK regulations, and support your long-term goals.  If trading internationally, we can call on our contacts at law firms around the globe for advice on local laws, enforcement and other key issues.

In addition to competition law and financial services we can draft policies required to safeguard your business and to ensure compliance with legislation and industry standards that may apply. You may wish to implement a supplier code of conduct so that you can monitor your own supply chain. An issue with your suppliers could cause significant harm to your business including product recalls, reputation damage and potentially enforcement action by supervisory authorities.

If you sell your products or services online, particularly to consumers, it is important that your website is legally compliant.

Our experts can help you put in place strong foundations, including:

  • website compliance
  • website terms of use
  • ecommerce terms of sale
  • e-marketing campaigns and PECR compliance
  • privacy notices
  • cookie compliance

If your business extends beyond UK borders, we’ve got you covered there too. Thanks to our strong international network of trusted law firms, we can advise on key local legal requirements, enforcement risks, tax implications, and compliance considerations in your target markets. That way, you can trade with confidence, wherever opportunity takes you!

Key members of our legal team

TALK TO US
Quote

As the acquisition project comes to a close, we now embark on an exciting journey to help grow the eBuyer business across each of the markets it serves, and we will share more around our plans in the coming weeks. The EMW team have been exceptional throughout on this transaction; Nick and his team were understanding of our business and requirements from the start, were responsive and certainly put the hours in to get the deal done. We have built some great relationships across EMW over the last few months and its testament to the culture that Nick and his team has built at the business. We look forward to working with EMW moving forwards.

Rich Marsden, Ebuyer
Quote

This is an exciting and strategic acquisition by MHA MacIntyre Hudson to expand its service offering. It has been a pleasure to advise them and we look forward to working together again in the future

Cave & Sons
Quote

Working with the team at EMW on two recent commercial property acquisitions has been a very reassuring experience for us. Especially their expertise and professionalism in dealing with detailed seller’s special terms and lease provisions.

Gary Obee, Sogo Investments

Speak with us