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Subirats Avocat

B2B Contracts

Structuring your business-to-business relationships

Les contrats BtoB définissent les droits et obligations entre entreprises : fourniture, distribution, partenariats ou prestations de services. Nous sécurisons vos accords pour prévenir les litiges et protéger vos intérêts stratégiques.

Supply and Service Agreements

Frame your commitments and obligations

1. What is it?

These are agreements entered into between companies for the supply of goods, raw materials, or services (maintenance, logistics, IT support, subcontracting).

They set out the conditions of delivery, timelines, pricing, and warranties.

2. Who is concerned?

  • Suppliers and distributors
  • Service providers (maintenance, IT, logistics)
  • Subcontracting companies

3. Why is it important?

  • Clarity of obligations: avoids disputes over quality or delivery deadlines.
  • Financial security: payment terms and penalties clearly defined.
  • Legal protection: liability and warranty provisions properly framed.

4. What we do for you

  • Drafting and negotiating supply and service agreements.
  • Reviewing liability, warranty, and penalty clauses.
  • Assisting in disputes (delays, non-performance, termination).

Strategic Commercial Contracts

Develop your partnerships with confidence

1. What is it?

These are agreements structuring your long-term partnerships: franchise, commercial agency, brand or technology license, and cooperation agreements.

2. Who is concerned?

  • Franchisees and franchisors
  • Commercial agents and sales networks
  • Companies seeking to exploit a brand, patent, or know-how

3. Why is it important?

  • Controlled development: structuring your distribution network
  • Protection of intangible assets: brands, patents, know-how
  • Conflict prevention: clear rules on duration, territory, and exclusivity

4. What we do for you

  • Drafting and negotiating franchise, agency, or license agreements
  • Advising on the protection of your intellectual property rights
  • Assisting in case of termination or contractual disputes

Distribution Agreements

Organize your sales channels and protect your markets

1. What is it?

Distribution agreements govern the relationship between a supplier and its distributors (exclusive, selective, or concession-based).

They regulate resale conditions, territorial obligations, and commercial margins.

2. Who is concerned?

  • Manufacturers and wholesalers
  • Exclusive or selective distributors
  • Trading and retail companies

3. Why is it important?

  • Securing sales networks: exclusivity and selectivity
  • Preventing antitrust issues: compliance with competition rules
  • Commercial clarity: pricing, distribution terms, and performance obligations

4. What we do for you

  • Drafting distribution agreements tailored to your market
  • Advising on competition and commercial practice regulations
  • Assisting in disputes with suppliers or distributors

Digital and Technology Contracts

Secure your digital tools and data

1. What is it?

These contracts cover software, SaaS solutions, cloud hosting, IT development, as well as general terms of use (GTU).

2. Who is concerned?

  • Software publishers and IT providers
  • Startups and digital companies
  • Professional users of digital solutions

3. Why is it important?

  • Data and intellectual property protection
  • Clarity of liability in case of technical failure or security breach
  • GDPR compliance for personal data management

4. What we do for you

  • Drafting and reviewing SaaS contracts, licenses, and GTUs
  • Advising on GDPR compliance and contractual cybersecurity
  • Assisting in disputes (service interruption, non-compliance)

Confidentiality and Security Agreements

Protect your strategic information

1. What is it?

These are NDAs (Non-Disclosure Agreements) and other confidentiality contracts, often signed before business negotiations or partnerships.

They may also include non-compete and non-solicitation clauses.

2. Who is concerned?

  • Startups seeking to protect their innovations
  • Companies negotiating with partners or investors
  • Employers wishing to safeguard their know-how or client base

3. Why is it important?

  • Prevent leaks of sensitive information
  • Secure negotiations and partnerships
  • Protect intangible assets (know-how, strategic data)

4. What we do for you

  • Drafting robust confidentiality agreements
  • Advising on the implementation of non-compete clauses
  • Defending your interests in the event of a breach of sensitive clauses

Financing and Partnership Agreements

Frame your financial agreements and joint projects

1. What is it?

These contracts organize the relationships between financial or business partners: business introducer agreements, joint venture agreements, financing contracts, leasing or hire-purchase agreements.

2. Who is concerned?

  • Companies seeking financing
  • Business partners for a joint project
  • Institutional and private investors

3. Why is it important?

  • Secure financial contributions and their remuneration.
  • Frame strategic partnerships (rights, governance, exit).
  • Avoid conflicts of interest between partners.

4. What we do for you

  • Drafting and negotiating financing and partnership agreements.
  • Advice on financial guarantees and governance clauses.
  • Support in case of termination or disputes between partners.

FAQ

Yes. In B2B relationships, the French Commercial Code (Art. L.441-1) requires the supplier to provide its General Terms and Conditions of Sale (GTC) to any professional client who requests them. Failure to provide them, or providing incomplete terms, may result in sanctions from the DGCCRF (French competition and consumer authority).

The most sensitive ones concern: price and payment terms, performance deadlines, liability, force majeure, confidentiality, and late payment penalties. Their drafting must be clear to avoid any disputes.

Yes, but they must not deprive the essential obligation of the contract of its substance. They are prohibited in cases of fraud or gross negligence. In practice, they often set a cap (e.g., the amount of the contract or the deal).

The law provides for late payment interest calculated at the ECB’s key rate + 10 percentage points, as well as a flat-rate compensation of €40 for recovery costs. These penalties apply automatically from the first day of delay.

Article L.442-1 of the Commercial Code requires sufficient written notice proportional to the duration of the relationship. Failing this, the party responsible for the termination may be ordered to compensate the injured partner (amounts that may represent several months of lost margin).

Yes, a jurisdiction clause can be included between two professionals, designating a specific court. It must be explicit and appear in the concluded agreement. In international relations, an arbitration clause is also possible.

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