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Success

Two contracts with beneficial outcomes

 
'Our client came to us with two unilateral and harsh agreements for the provision of tailored sales and marketing programs for two very different major retail operations. Through an extended period of negotiation we were able to address the critical issues so that our client was able to proceed with confidence, knowing that its longer term commercial aspirations were secure.'
 
Ian Sinclair, Partner, Corporate & Commercial

 

Our client

Our client is a privately owned and operated Australian company that demonstrates innovative leadership in e-commerce and online retail. Its operational excellence and know-how has seen the expansion of its service offering to become one of the leading online retail industry service providers in Australia in providing rewards programs and gift card solutions. The client combines its operational, technical, account management and marketing expertise and capabilities with a suite of customer programs to deliver outstanding client based solutions.

Their ambition

As a market leader in the design, implementation and management of customer loyalty programs and gift card solutions, our client was eager to further expand its customer base by entering into contracts with two major retailers in very different market segments and regions. The contracts presented significant challenges to our client in the delivery of technical, sales and marketing expertise with a commensurate recognition of risk.

Enhancing their success

We worked very closely with the client's senior management team to negotiate practical and effective solutions to the commercially sensitive areas of the contracts including intellectual property, liability, indemnities and warranties. It was critical to the client that the contracts reflect the commercial reality of the transactions, to ensure that the rights and obligations of the parties were clearly articulated and that the expectations of the parties were aligned.

Behind the headlines

The transactions involved numerous challenges through extended negotiations in order to achieve successful outcomes. Our client now has the ability to confidently develop and roll-out its solutions for the long term benefit of its customer, comprising comprehensive retail customer service support programs.


LEGAL EXPERTISE

  • Corporate & Commercial


INDUSTRY EXPERTISE

  • Retail


PEOPLE

  • Ian Sinclair
    Partner
 

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