Sale and supply of goods

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Latest Commercial News

EU-US Privacy Shield data transfer problem caused by Schrems II won’t be solved ‘overnight’, EU negotiator warns

The following Commercial news provides comprehensive and up to date legal information on EU-US Privacy Shield data transfer problem caused by Schrems II won’t be solved ‘overnight’, EU negotiator warns

Public liability insurance for deliberate acts, wilful neglect or default (Burnett or Grant (Respondent) v International Insurance Company of Hanover Ltd (Appellant))

EU deal allowing Google, Facebook to scan for child-abuse content unlocks talks on ePrivacy rules

The following Commercial news provides comprehensive and up to date legal information on EU deal allowing Google, Facebook to scan for child-abuse content unlocks talks on ePrivacy rules

Commercial weekly highlights—29 April 2021

The following Commercial news provides comprehensive and up to date legal information on Commercial weekly highlights—29 April 2021

Featured Commercial content

Joint, several, and joint and several liability

ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise...

Contract variation

This Practice Note summarises the law, guidance and practice relating to the variation of contracts and deeds. It explains how a contract or deed can...

Nature and types of agency

BrexitAs of exit day (11 pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

Agreements to agree

This Practice Note considers agreements to agree, and why an agreement to agree certain contractual terms at a future date has traditionally been held...

Practice notes

Bailment

This Practice Note provides an introduction to bailment, which is a large and complex topic.This Practice Note provides a working definition of...

Produced in partnership with Quentin Tannock of 4 Pump Court 12th Jan

Practice notes

Digital Content Directive—summary

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

9th Nov

Practice notes

Information society services and e-commerce

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

9th Nov

Practice notes

Wilful misconduct and deliberate default in commercial contracts

This Practice Note sets out guidance upon the meaning, use and importance of commonly used terms in exclusion and limitation of liability clauses in...

Produced in partnership with Tim Wright of Fladgate 12th Jan

In-house

Practice notes

Termination and expiry of contracts

This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...

9th Nov

COVID-19

In-house

Precedents

Consignment stock agreement—pro-supplier

DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see...

Produced in partnership with Paul de Vince and Jagdeep Singh of Gateley Plc 12th Jan

Practice notes

Agent and principal relationships with third parties

This Practice Note deals with the relationships arising between principals, agents and third parties with whom the agent deals on the principal’s...

9th Nov

Precedents

Business continuity clause

Definition—Business Continuity Event Business Continuity Event means an event (whether a natural or man-made phenomenon or...

9th Nov

COVID-19

Precedents

Deed of release and waiver

DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see...

9th Nov

In-house

Precedents

Execution clause—company—deed

Option 1—deed executed by a company under its common seal (model articles, where the authorised signatory is an...

9th Nov

In-house

Precedents

Letter of variation

[ON HEADED NOTEPAPER OF PARTY A][Insert address of Party B][[Insert address of Guarantor]][Insert date]Dear [name of Party B][ and [name of...

9th Nov

In-house

Practice notes

Carriage of goods by air

This Practice Note provides a summary of the common law and conventions governing international carriage by air. It explains the liability of the...

Produced in partnership with Quentin Tannock of 4 Pump Court and James Watthey of 4 Pump Court 12th Jan

Precedents

Short form letter of assignment

[On headed notepaper of the assignor]To: [Insert name and address of Assignee][Insert date]Dear [insert name of Assignee]Assignment of contractWe...

9th Nov

Practice notes

Agency and distribution compared

BrexitBrexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement,...

9th Nov

Precedents

Month definition

Month means a calendar month; Close This is a suggested definition for the term 'month', which...

9th Nov

Precedents

Intra-group services agreement

DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see...

Produced in partnership with Tim Wright of Fladgate 12th Jan

Most recent Sale and supply of goods content

Precedents

Equipment hire agreement—pro-hirer

This Agreement is made on [date]Parties1[insert name of supplier] [of OR a company incorporated in [England and Wales] under number [insert registered...

Produced in partnership with Paul de Vince of Gateley 5th May

Precedents

Equipment hire agreement—pro-supplier

This Agreement is made on [date ]Parties1[insert name of supplier] [of OR a company incorporated in [England and Wales] under number [insert...

Produced in partnership with Paul de Vince of Gateley 5th May

Precedents

Terms and conditions for the sale of goods and services—business to business—pro-supplier

1Definitions and interpretation1.1In these Conditions the following definitions apply:Affiliate•means any entity that directly or indirectly Controls,...

5th May

In-house

Q&As

How does the restriction on ipso facto clauses under new section 233B, Insolvency Act 1986 affect a supplier’s contractual rights to repossession under a retention of title clause which might otherwise be triggered upon a customer insolvency event?

This Q&A considers the restrictions on ipso facto clauses under section 233B of the Insolvency Act 1986 (IA 1986) and the impact on a supplier’s...

Produced in partnership with Deanne Hamilton of Harrison Clark Rickerbys Limited 5th May

Q&As

What legal issues arise in business-to-business contracts for the supply of goods and services in relation to unfair terms and termination?

In answering this Q&A we have limited our research to cover business-to-business contracts for generic goods and services which are not subject to...

5th May

Q&As

Do you have guidance on providing wellbeing services to customers?

We do not have guidance on the specific point raised in this Q&A. However, the following may be useful.Providing services to consumers•Practice Note:...

5th May

Q&As

Can a retention of title over goods be defeated where the goods are not of satisfactory quality?

This Q&A refers to a retention of title (ROT) clause in a business-to-business contract for the supply of goods.At its simplest, an ROT clause allows...

5th May

Q&As

Are there any statutory or case law definitions of ‘retailer’?

In conducting the research for this Q&A, we have focused on the definition of ‘retailer’ within the context only of (i) the key legislation for the...

5th May

Q&As

In business to business (B2B) transactions, why are goods but not services supplied with a warranty period and services warranted to be performed with reasonable skill & care?

Warranties are assurances or promises given by a party to a contract, breach of which will give rise to a right to the other party to claim damages...

5th May

Q&As

Does new section 233B of the Insolvency Act 1986 affect contracts for the supply of goods and services under which the supplier and/or the customer are based outside of the UK?

For the purposes of this Q&A, it is assumed that the relevant contract is a business-to-business contract for the supply of goods and/or services...

Produced in partnership with Oberon Kwok of Selborne Chambers and Chris Bryden of 4 King’s Bench Walk 5th May

COVID-19

Q&As

Would a manufacturer which 3D-prints products to a customer's design be providing goods, services or both under the Sale of Goods Act 1979 or the Supply of Goods and Services Act 1982?

The Sale of Goods Act 1979 (SGA 1979) applies to contracts for the sale of all types of goods for money consideration. Goods are defined in broad...

5th May

Practice notes

Implied terms in contracts for goods and services

Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...

5th May

In-house

Practice notes

Key terms and conditions in contracts

This Practice Note considers the key terms and conditions (or T&C, Ts&Cs or T&Cs) in contracts for business-to-business (B2B) transactions. It sets...

5th May

In-house

Q&As

Where a customer visits a shop to make a purchase and then makes that purchase online in the shop, does the contract fall within the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134?

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations, SI 2013/3134 (CCR 2013), which implement the Directive...

5th May

Practice notes

Contracts for the sale and supply of goods—business to business

This Practice Note provides an overview of the law and practice relating to contracts for the sale and supply of goods. It reviews the key legislative...

Produced in partnership with Athena Markides 4th May

In-house

Practice notes

Carriage of goods by sea—charterparties

This Practice Note explains the law relating to charterparties in the context of an arrangement for the carriage of goods by sea. It explains the key...

Produced in partnership with Quentin Tannock of 4 Pump Court and James Watthey of 4 Pump Court 30th Apr

Practice notes

Quantum meruit (value of services) and quantum valebat (value of goods)

When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse...

23rd Apr

Practice notes

Incoterms® 2020—introduction

This Practice Note comprises the introduction to the Incoterms® 2020 rules produced here with the permission of ICC Publishing SA. Incoterms® 2020...

19th Apr

Precedents

Contract cover sheet

[insert commercial sensitivity status eg ‘confidential’, ‘privileged and confidential’, ‘restricted’ etc]For internal use only: not to send...

19th Apr

Precedents

Drop ship agreement—pro-customer (merchant)

This Agreement is made on [date]Parties1[insert name of supplier] [of OR a company incorporated in [England and Wales] under number [insert registered...

Produced in partnership with Paul de Vince of Gateley 16th Apr