In many cases, we see that companies start a collaboration with a sales intermediary without carefully considering what terms should apply to the cooperation, including how to possibly exit the cooperation again. Oral agreements, which are popularly also referred to as "gentleman agreements", are unfortunately quite common when agreeing on a sales cooperation. However, it is - as in so many other matters - incredibly important for the parties to align expectations of each other in the form of a written contract, whether it is in Denmark or abroad where you want to expand the company's sales apparatus. NJORD Law Firm has many years of experience advising production companies, exporters, importers, distributors, agents, sole distributors, franchisors, and franchisees and has vast experience and thus also insight into the needs of both parties when entering such a sales cooperation.
In most collaborative relationships, at some point a situation will arise where the cooperation no longer works according to expectations. In such situations, we can advise on how the company strategically organises how the cooperation should either be changed or ended in the most advantageous way for the company, both commercially and financially. Our experience is that our advice in such situations can often have a great positive impact on the company.
It is important that the company is well prepared and has made several considerations before taking a seat at the negotiating table to conclude a written agreement on sales cooperation with another party. It is important that the company has carefully considered whether there are unique circumstances that must be considered in the cooperation agreement, and which must therefore be included in the written contract.
At NJORD Law Firm, we focus on being proactive and being your sparring partner in all matters related to the conclusion of the agreement to ensure that you get the best individual solution.
Our services and advice include the following matters:
Advice on and preparation of the written cooperation agreement
Assistance and advice so that we secure the company's IP rights
Identification and resolution of any issues related to competition law
Advice on and drafting of transfer agreements
Advice on and preparation of appendices/amendments to contracts
Advice in connection with the termination of a contract
Assistance in connection with conflicts, including settlement negotiations, court and arbitration proceedings, and other legal proceedings.