Agency & Distribution Agreements
Our commercial law team has vast experience in advising, negotiating and drafting both domestic and international agency and distribution agreements, including providing advice on the Commercial Agents Regulations 1993.
Utilising agency and distribution is an effective way of growing your business, boosting sales and increasing jurisdictional reach.
If you are bringing a product to market, then we can assist you not only on your individual distribution agreements (including making the choice as to whether agency or distribution is the most appropriate route to market for your business), but also on your whole distribution strategy, and advise on the practical implications of UK and EU competition law.
We are part of a global network, enabling us to manage and co-ordinate advice on the laws applicable when engaging distributors and agents in other jurisdictions. This expert local knowledge can be vital because the laws applicable to agents and distributors and agents can vary greatly in other jurisdictions, and a lack of local law advice at the outset can lead to expensive and time consuming consequences further down the line.
Herrington Carmichael has acted like an extension of our business. They have been a huge support, have been exceptionally credible in some extremely difficult commercial contractual matters.
Strong commercial and corporate team, offering reliable and practical advice at competitive rates. The quality of advice we have received when instructing the commercial team is comparable to many large City firms we have used but at non-City fees.
Herrington Carmichael has a diverse skillset, covering most requirements. This means we can tackle complex issues knowing that they can call on their colleagues to compliment the analysis.
Commercial Law Team
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Recent Commercial Law Cases
Wealth Management Contract
Herrington Carmichael were instructed to advise on and negotiate a SAAS development and services agreement between a wealth management business and a wealth management platform service provider. Complexities included ensuring appropriate business continuity plans were in place (including software escrow arrangements), and ensuring compliance with the FCA rules on outsourcing to the cloud.
Commercial contract for new product
The commercial law team were instructed to advise on and negotiate a new product design agreement, development agreement and manufacturing agreement for a new product for use in the security sector. As part of the project, Herrington Carmichael were required to ensure a back to back contract was entered into with suitable flow down provisions to the key parts manufacturer.
A Complex Global Software Distribution Agreement
Herrington Carmichael were instructed to advise on and negotiate firstly an Australian and then a global software distribution agreement. Complexities included negotiating with a global business with strict contractual requirements and policies, whilst seeking to ensure a favourable position to our client. We were also required to manage the local law advice in respect of contracts governed by foreign laws and further to ensure that suitable terms were imposed on resellers commensurate to the protections required by our client.
The impacts of COVID-19
Businesses are facing increasing uncertainty in light of the rapidly evolving Covid 19 (Coronavirus) situation.
Coronavirus is having an unprecedented impact on the business and personal lives of everyone. Putting aside the obvious complications of trying to avoid social contact and staying healthy; the next big headache is how to keep businesses moving forward properly.
Award winning legal advice
We are solicitors in Camberley, Wokingham and London. In 2019, Herrington Carmichael won ‘Property Law Firm of the Year’ at the Thames Valley Business Magazines Property Awards, ‘Best Medium Sized Business’ at the Surrey Heath Business Awards and we were named IR Global’s ‘Member of the Year’. We are ranked as a Leading Firm 2023 by Legal 500 and Alistair McArthur is ranked in Chambers 2022.