Basic contract question - who issues what?

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pbyrne

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Hi Everybody,

I have what I think is a simple question on contracts that I would like to get more info on before going to source a solicitor.

If you are running a company and have a supplier to providing IT services to your company for a client - who issues the contract. Is there one between us and the supplier (who is an IT contractor, so ltd company) AND one from her to us. OR do both parties sit down and knock heads so to speak to agree a single contract?

Thanks for any advice.
 
I'd say there's no hard and fast rules: either party can provide a contract (I've seen both) as a starting point.

Whoever provides it, it's up to the parties to agree terms, though: don't sign something you're not happy with.

A lot depends here though on the relative sizes and strenghts of the parties involved: large companies in particular will frequently say "this is our contract, sign if you like, but we're not changing it".
 
"Is there one between us and the supplier (who is an IT contractor, so ltd company) AND one from her to us. OR do both parties sit down and knock heads so to speak to agree a single contract?"

Yes you should have one between you & your supplier (IT contractor) & a seperate contract between you & the company your are providing the service to.

For example I am sure you are not acting as the middle man for free so there will be an element of markup or profit that you may not want to disclose to your supplier, also you might want your supplier to meet a certain schedule date for delivery or specail conditions for example which you will dictate to your supplier.

The company you are supplying the service to will probably expect you to meet their contract requirements.
 
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