Sale and supply of goods

Precedents

Contract cover sheet

Contract cover sheet[insert commercial sensitivity status eg ‘confidential’, ‘privileged and confidential’, ‘restricted’ etc]For internal use only:...

22nd Sep

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?

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...

22nd Sep

Q&As

What is the meaning of ‘severe breach’? What is the meaning of fundamental or repudiatory breach? What termination rights and rights to claim damages may arise in the event of any such breach?

What is the meaning of ‘severe breach’? What is the meaning of fundamental or repudiatory breach? What termination rights and rights to claim damages...

15th Sep

Q&As

What is the status of a deposit paid under a contract upon termination for insolvency?

What is the status of a deposit paid under a contract upon termination for insolvency?This Q&A considers a scenario where:•there is a...

Produced in partnership with XXIV Old Buildings 13th Sep

Q&As

What is the applicable rate of interest under the Late Payment of Commercial Debts (Interest) Act 1998 where interest runs over two six-month periods? Should a ‘blended’ rate of interest be applied over differing six-month periods?

What is the applicable rate of interest under the Late Payment of Commercial Debts (Interest) Act 1998 where interest runs over two six-month periods?...

13th Sep

Q&As

When claiming damages for breach of contract for the supply of a faulty asset, is it possible to claim the costs of financing the asset and/or terminating the associated finance agreement?

When claiming damages for breach of contract for the supply of a faulty asset, is it possible to claim the costs of financing the asset and/or...

13th Sep

Q&As

At what point in time does the cause of action accrue for the purposes of section 5 of the Limitation Act 1980 in respect of a breach of an express warranty in a contract for the sale of goods where the goods are warranted for a seven year period? Is knowledge of the breach significant to ascertaining when time runs?

At what point in time does the cause of action accrue for the purposes of section 5 of the Limitation Act 1980 in respect of a breach of an express...

13th Sep

Q&As

Are there any restrictions or limitations on the use of automatic renewal provisions in business-to-business and business-to-consumer contracts?

Are there any restrictions or limitations on the use of automatic renewal provisions in business-to-business and business-to-consumer...

Produced in partnership with Lynne Counsell of 9 Stone Buildings 13th Sep

Practice notes

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

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

13th Sep

Q&As

In relation to a breach of an oral contract for the provision of goods and services which also constitutes negligence, what is the difference in bringing a claim in contract or tort in terms of the recoverability of losses, causation, remoteness, foreseeability and recovery of economic loss? When drafting the particulars of claim, how should the contract and tort allegations be pleaded?

In relation to a breach of an oral contract for the provision of goods and services which also constitutes negligence, what is the difference in...

13th Sep

Practice notes

Drop ship agreement—review and negotiation guide

Drop ship agreement—review and negotiation guideScope and purposeThis Practice Note is prepared to assist with the review and/or negotiation of a drop...

Produced in partnership with Paul de Vince and Jagdeep Singh of Gateley Plc 8th Sep

Q&As

Do the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 provide cancellation rights for goods which are 100% bespoke (such as made to measure clothing or footwear)?

Do the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 provide cancellation rights for goods which are 100%...

27th Aug

Q&As

Does an unincorporated sports club act as a business or as a consumer when purchasing goods and services?

Does an unincorporated sports club act as a business or as a consumer when purchasing goods and services?Unincorporated associationAn unincorporated...

27th Aug

Q&As

What is the mandatory duration of guarantees for electrical and other commercial goods in the UK and EU?

What is the mandatory duration of guarantees for electrical and other commercial goods in the UK and EU?Guarantees are entirely voluntary and there is...

27th Aug

Q&As

Are there any legal requirements in respect of customer complaints handling for (non legal or financial) businesses?

Are there any legal requirements in respect of customer complaints handling for (non legal or financial) businesses?As a starting point, it will be...

27th Aug

Q&As

Which parties in a supply chain are liable for defective second hand goods and can any of them limit that liability with an indemnity clause?

Which parties in a supply chain are liable for defective second hand goods and can any of them limit that liability with an indemnity clause?Defective...

27th Aug

Q&As

What are the key legal issues around extended product warranties and guarantees offered by the manufacturers directly to consumers?

What are the key legal issues around extended product warranties and guarantees offered by the manufacturers directly to consumers?Statutory consumer...

Produced in partnership with Alex Cunliffe of Lamb Chambers 27th Aug

Precedents

Terms and conditions for the purchase of goods and services—business to business—pro-customer

Terms and conditions for the purchase of goods and services—business to business—pro-customer1Definitions and interpretation1.1In these Conditions the...

26th Aug

In-house

Precedents

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

Terms and conditions for the sale of goods and services—business to business—pro-supplier1Definitions and interpretation1.1In these Conditions the...

26th Aug

In-house

Precedents

Terms and conditions for the purchase of goods—business to business—pro-customer

Terms and conditions for the purchase of goods—business to business—pro-customer1Definitions and interpretation1.1In these Conditions the following...

26th Aug

In-house

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