bto solicitors - Corporate & Commercial Business Lawyers Glasgow Edinburgh Scotland

  • "really fights your corner..."
    "really fights your corner..." Chambers UK
  • "Consistently high-quality work and client-friendly approach."
    "Consistently high-quality work and client-friendly approach." Chambers UK

Commercial Contracts

Businesses must be protected to the fullest extent when carrying out their operations to ensure that customers comply with their obligations and to restrict liability in relevant circumstances. 

We have the expertise to advise you when you are asked to sign up to any commercial contract or, when you need such contracts to protect your business.  We will seek to protect and enhance your position, no matter the business sector or transaction size.

Contracts - The Basics

Essential terms that should be included:

1. Parties: names and addresses of all should be clearly stated.

2. Payment Provisions: exact price for goods or services to be supplied and when payment(s) are to be made. Rate of interest on overdue amounts and consequences of failure to pay should also be detailed. Is the price excusive of VAT? Does it include delivery charges?

3. Assignation: option for a party to transfer their contractual obligations and rights to someone else?

4. Term: length of contract should be stated and options to continue the contract.

5. Limitation of Liability: caps the liability on either party to the contract.

6. Termination Provisions: circumstances where either party can terminate the agreement should be clearly set out.

7. Arbitration: procedure to be followed if parties are in dispute.

8. Confidentiality: the contract may contain information that is commercially sensitive to the parties. In order to protect you, confidentiality clauses can be drafted.

9. Warranties: give contractual rights to a party to the contract to sue for damages if there is a breach of any warranty.

10. Indemnity: is an obligation to compensate by making a payment for a defined loss or damage. 

11. Force Majeure: covers situation where neither party through no fault of their own can perform the contract i.e. natural disaster.

12. Applicable Law: which country’s law governs the contract should be clearly stated.

Contact: Scott Wyper, Partner / Jeremy Glen, Partner / Alastair Dunn, Partner / Emma Barclay, Partner / T. 0141 221 8012


“The level of service has always been excellent, with properly experienced solicitors dealing with appropriate cases" Legal 500

Contact BTO


  • 48 St. Vincent Street
  • Glasgow
  • G2 5HS
  • T:+44 (0)141 221 8012
  • F:+44 (0)141 221 7803


  • One Edinburgh Quay
  • Edinburgh
  • EH3 9QG
  • T:+44 (0)131 222 2939
  • F:+44 (0)131 222 2949