Contract pages and a pen on a wooden desk

Guide

What to check before signing a commercial contract

A practical checklist of the terms that most often cause disputes, and how to address them before you sign.

The parties

Check that the agreement names the correct legal entities, with their registration numbers. A contract signed with a trade name or with the wrong company in a group can be difficult to enforce. Make sure the person signing for the other side is authorised to bind it.

What exactly is being delivered

The scope of the goods or services should be described clearly enough that both sides would reach the same answer to the question of whether the contract has been performed. Vague descriptions are the most common source of disputes.

Payment

Look at the price, the currency, the payment dates, what happens if payment is late, and whether prices can change. Link payments to milestones or acceptance where that fits the deal.

Liability and indemnities

Many agreements limit the liability of one or both parties, or require one party to indemnify the other. Understand what you are giving up and what you are taking on, and check that it matches your insurance.

Term and termination

How long does the agreement last, does it renew automatically, and how can each side end it? Consider what happens on termination: return of materials, final payments and any restrictions that continue afterwards.

Intellectual property and confidentiality

Where the agreement involves development, content or know-how, it should say who owns what is created and what each party may do with the other's information.

Law and disputes

The agreement should state which law applies and where disputes will be decided, whether in a particular court or through arbitration. For cross-border agreements this choice matters a great deal.

Negotiating in good faith

Israeli contract law requires parties to negotiate in good faith. Raising concerns during negotiation, rather than after signing, protects both the deal and the relationship.