PRICE AND SUBJECT AS SIGNIFICANT CONDITIONS OF THE CONTRACT

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PRICE AND SUBJECT AS SIGNIFICANT CONDITIONS OF THE CONTRACT

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 Some entrepreneurs have a full-time lawyer who reads the contracts. But in case of an error in the text, the money will be lost not by the lawyer, but by the business owner himself. Therefore, if the contract is concluded for a significant amount, entrepreneurs should analyze it personally. So that it does not take much time, you need to check the four main blocks: money, result, timing and sanctions.

The total amount in the contract must be fixed. So that the costs do not come as an unpleasant surprise, in the section on payment can not be allowed open wording. Any generalizations without specifying exact figures should cause suspicion: "payment", "budget", phrase "and others". Remove all vague instructions for money - it is better then to sign an additional agreement to the contract than to suddenly be a debtor.

 If the text has a formula for calculating the price, it should not contain unknown variables. For example, the price per square meter of coverage may be indicated, and the total area may not be specified. As a result, there is a risk of a situation where the customer will understand the orally agreed "200-300 squares" as 200, and the builder then charged all 350, and the final price will be almost twice as high as expected.

 If the exact amount cannot be specified, limit it to a range. Let's say you hire an advertising agency to launch your first online advertising campaign. The company's services are paid at a fixed rate, but the cost of Facebook or Google services are separate. It is difficult to predict the budget of a new campaign in advance, so it is worth specifying the top bar in the contract. This way you will make sure that the advertisers' expectations coincide with your capabilities, and you will not get into a situation when the amount you have pledged for a month flies out of your Yandex account in the first three days.

 The order of payments must be specified with the accuracy of a computer algorithm: in what parts is the amount, in what timeframe and on what the payment depends.

 The standard wording "... services are paid for within three days of signing the act" should be supplemented by an indication of how long the act should be signed and what will happen if this does not happen. Otherwise, the contractor may simply not sign under various pretexts, and the "three days from the date of signing" set aside for payment will never come.

 Now about the result. The subject of the contract must explicitly state what you want to get. At first glance, this seems obvious. But remember how many agreements are concluded with the wording "the subject of the contract is the provision of some services there."

 For example, take the contract under which trademarks are registered for principals. You can write vaguely "The subject of the contract is the provision of trademark registration services." Instead, it should be provided: "The Contractor undertakes to obtain the original Certificate for the Customer's trademark and to transfer the original of this Certificate to the Customer."

 People do not need any amorphous "services". Lawyers are approached to get the result. Therefore, contact Prykhodko & Partners - we will be happy to help you.

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