Companies will often require the negotiation and preparation of “heads of terms” prior to more comprehensive discussions and documentation regarding the details of a commercial relationship. In our experience, it can be difficult to remove terms from a final agreement which were agreed at an early stage where pre-contractual negotiations have taken place without solicitor involvement. It is also vitally important to ensure that any representations or warranties given prior to contract are excluded from or incorporated into the contract.

Our solicitors regularly conduct negotiations on behalf of UK and international companies looking to establish business to business relationships and contracts, leading to the drafting of heads of terms which set out the preliminary requirements and expectations of each party.