Retailers is understanding the language within your contracts confusing?

May 25th, 2010

When retailers don’t have their own law department or a contract management system in place, trying to understand the language of the legal world can cause delays, delays and more delays.

Quite often the longer the contract the more legalese there is to try and interpret and almost every one you ask will in fact interpret it differently.

Most contracts begin with a section called definitions which is where most companies and associates get lost to begin with. This section is just exactly what it says, all terms used within the following clauses of the contract refer back to this section for their specific explanations of a terms meaning within that clause.

Begin by focusing on the definitions as if it were a separate document and then set it aside and read the clauses. Most of the time this will clear up any confusion you are having.

Most contracts have a pretty good flow to them and will include a format that covers most if not all of the following.

1. Definitions
2. Merger and Integration
3. Choice of Law
4. Statute of Limitations
5. Indemnification Language
6. Time of Performance
7. Arbitration 
8. Severability
9. Fee’s
10. General Provisions
11. Non-Waiver 
12. Liquidated Damages

We look forward to and appreciate your comments

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