Spanish deal in ChatterBank

[joggerjayne]

Posted this in Law, but also posting here (because we get more hits in CB). Any help appreciated.

I am dealing with a Spanish company (in Spain).

I am acquiring various design services. I have put in a lot of work to formulate a service package which I can operate with the Spanish company.

I need to use the product from those services in a deal with two UK companies.

You may be ahead of me here, but I need to be sure when I tie up the various parties involved in the arrangement, that the UK companies won't go behind my back and try to deal directly with the Spanish companies.

1. Can anyone point me in the direction of an agreement that would tie up the Spanish company to deal only with me on this contract?

2. Does the doctrine of Consideration apply in Spain?

3. Is it practicable to have a contract where the applicable law is stated to be England and Wales?

A big ask, so a big Thank You if anybody can point me towards a precedent Agreement.

nb. I can adapt an Exclusive Distribution Agreement, if I can find one of those.

[Eve]

To be honest I'd get a lawyer to do this properly for you.

I come across clients all the time who find documetns on the net and think they can DIY cheaply but some of the ones I have seen are shocking and don't cover nearly enough of what they should.

Trouble is, in many cases, one document doesn't fit all and should be tailored to individual circumstances.

I will see if I can find someone for you who would specialise in that kind of thing.

Are you on facebook? May be easier for me to pass info to you that way.

[Eve]

Just found this...

http://www.spainlawyer.com/guialegal/guialegal .cfm?IDCAPITULO=09020000

[joggerjayne]

Thanks Jenna.

I have used Spanish lawyers in the past for other things, and we have a couple of firms locally who have Spanish lawyers.

Thanks for taking the time to reply.

J x

[badspeller]

you can state in the Contract which both parties should sign, the Law that will apply , ie British or Spanish.
You could also introduce a clause preventing them going round you.

[netibiza]

As previously stated, don't do this on your own, get proper legal help, the Spanish (and I love 'em) can be notoriously sly and cagey and honestly won't do you any favours, they look after no.1 and who can blame them. They'll agree to anything and then deny it, so do it properly!!

[joggerjayne]

Thanks guys xxx