Commercial and manufacturing companies
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Your counterparty is undergoing a merger or division.
A supplier with a claim against a customer undergoing a merger or division has three months from the date the transformation project is published to demand security. The period runs before the registration in the commercial register takes place, and once it expires, the right lapses. Lawyers from the Prague-based ARROWS law firm monitor published customer projects and submit proposals in a timely manner to ensure the claim remains recoverable.
Would you like to test the product at a customer's site without any obligation to purchase?
A supplier offers a customer to test its product on the customer's premises, with no obligation to buy. The customer agrees, but nobody writes down what will be tested, for how long, who is liable for damage and what happens to the data and the results. The lawyers of ARROWS advokátní kancelář draft the pilot agreement so that the test leads to a deal and not to a dispute.
Subcontractor without the client's consent
A general contractor brings in a subcontractor without clearing it with the client first, only to find the contract prohibited exactly that. Whether the client's consent was actually required, and what happens when it is missing, decides whether the project proceeds smoothly or ends in a dispute. The Prague-based Czech legal team at ARROWS set subcontracting terms so both sides know where they stand.
Do you wish to secure a large-scale supply?
You are entering into a contract for a large supply and want assurance that you will be paid or that the supplier will complete the work. Three tools are available with very different strength: a guarantee, a bank guarantee, and a bill of exchange. Which one to choose depends on how fast you want to see the money and what you are willing to give up in costs and in your relationship with the other side. The lawyers of ARROWS law firm select and set up the security to match the actual delivery, not a template clause.
A defective part from a subcontractor has damaged your product
Your subcontractor delivered an out-of-specification part and you only discovered it in a batch of finished products at your customer. The cost of recall, rework and penalties lands on you first, because your customer only knows your company. Passing those costs back is possible, but it is decided by documentation agreed in advance. The lawyers of ARROWS law firm will set it up so that you are left with a claim you can actually document.
Your subcontractor has caused a delay and you are facing the penalty
Your subcontractor missed the deadline, the whole contract slipped and your client invoiced you a contractual penalty. You usually have to pay it, because it is you who owes the works to the client. Whether you get it back is decided in the first week of the delay. The lawyers of ARROWS law firm will set up the procedure so that your claim against the subcontractor is documented and enforceable.
The client is changing the scope of work during the project's execution.
Whether extra construction works get paid is decided not by their usefulness but by whether the change of scope was agreed in the form the parties themselves set out. The same applies to any extension of the completion date. ARROWS lawyers set up a workable change procedure and represent clients in disputes over the outstanding price of the works.
Do you provide your customer with a warranty on the delivery that extends beyond the statutory period
A guarantee of quality is a separate undertaking given on top of the statutory liability for defects, and what governs it is the wording of your own declaration, not the quality of the delivery. If you promise that the delivery will retain the characteristics it had on handover, you answer for things that are not defects at all under the statute. The lawyers of ARROWS advokátní kancelář draft the guarantee clause so that it covers what you actually intend to cover.
Supplier fails to meet deadline – when to charge a penalty and when to assign the work to another party
Your contractor is running late and you are deciding whether to charge the contractual penalty or hire someone else to finish the job. Both routes are available, but only in a particular order and with a written trail. An agreed penalty may in fact close off your claim for the higher cost of replacement works. The lawyers of ARROWS law firm will set up the procedure so that you are left with a claim that can actually be enforced.
The client requires a guaranteed minimum offtake.
A two-sided take-or-pay rests on five terms: volume, the charge for untaken volume, make-up rights, force majeure and exit. A guaranteed offtake is sought by the party that invests because of the other – the supplier in capacity, the buyer in reserved volume and price. Lawyers at ARROWS advokátní kancelář draft the clause to hold in court and before the competition authority.
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