Contractual risk management

ARK Law specialises in

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• Business' contractual risk management

• Preparation of terms of sale and delivery

• Negotiation of trading agreements with customers and suppliers

• Training of business' sales and purchasing manager in risk management

 

We are highly experienced in handling all aspects of business risk management in agreements with their customers and suppliers, including the preparation of terms of delivery and purchase, trading agreements and non-disclosure agreements.

 

With our specialist knowledge of business liability in damages inside or outside contracts, and the related insurance cover under commercial liability and product liability insurance, we can quickly identify non-insurance covered risks in the business' agreements.

 

The customers of the business also have a considerable financial interest in the business' potential liability in damages being covered by insurance to the greatest extent possible. Even in case of negotiations with the global businesses, we are very successful in negotiating relevant limitations of liability in relation to the cover and adjusting the contractual terms regulating liability so that the business can control its risks to the greatest extent possible.

 

The purchasing element is at least as important as the sales element in terms of risk management, and a purchaser's acceptance of the wrong terms of delivery from a supplier could, at worst, cause them to go out of business. A supplier's waiver of liability in damages could thus result in annulment of the business' insurance cover.

 

We therefore also prepare helpful risk management manuals and train the clients' employees in risk management so that the client can, itself, resolve the majority of the risk management-related issues questions that arise in agreements.

 

Our goal is always to negotiate balanced terms that both the client and its trading partners can live with in any future loss or damage situation.  We therefore generally do not use the standardised solutions prepared by various organisations in Denmark or internationally. Such standard terms often entail such comprehensive exclusion of liability as practically to render the clients' insurance cover void. In practice, this means that the client is not able to find a satisfactory solution for the client and the customer to ensure that the business relations can continue.