Gateley

Experts

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Michael Collins
Partner
Gateley
Paul de Vince
Partner
Gateley
Contributions by Gateley

1

Confidentiality agreement—one-way—pro-discloser
Confidentiality agreement—one-way—pro-discloser
Precedents

This Precedent one-way confidentiality agreement (also known as a non-disclosure agreement or NDA) provides for a one-way flow of confidential information from one party to another and is drafted in favour of the disclosing party. Confidentiality agreements are often used at the outset of commercial negotiations to protect parties wishing to share confidential information in furtherance of a particular transaction or project. As this Precedent is designed to be pro-discloser, it expressly excludes any representations and warranties relating to the confidential information. It includes a comprehensive indemnity from the recipient in relation to breach and misuse.

Contributions by Gateley Experts

7

Cash balance schemes
Cash balance schemes
Practice notes

This Practice Note explains what cash balance schemes are, their benefit structures, how risk is shared between the sponsor and members and the statutory regime applicable to such schemes, both before and after 24 July 2014 (being the date on which the statutory definition of ‘money purchase benefits’ was amended).

Equipment leasing and hiring
Equipment leasing and hiring
Practice notes

This Practice Note provides an overview of the contractual considerations which arise when leasing or hiring equipment, being a contract for the simple hire or bailment of goods, in a business to business transaction. This Practice Note does not consider hire-purchase or consumer hire.

Hybrid pension schemes
Hybrid pension schemes
Practice notes

This Practice Note looks at the statutory definitions of hybrid schemes (also known as mixed benefit schemes), how benefits are provided in a hybrid pension scheme, how legislation applies to the two main categories of hybrid scheme (one with separate DB and money purchase sections, the other providing underpin or top-up benefits), how automatic enrolment applies to hybrid schemes, the effect of the Pension Schemes Act 2015 on hybrid schemes, and the Pensions Regulator’s guidance to trustees of hybrid pension schemes.

Drop ship agreement—pro-customer (merchant)
Drop ship agreement—pro-customer (merchant)
Precedents

This Precedent drop ship agreement is for a transaction involving a manufacturer of goods and its customer, the merchant (or retailer). It assumes that the merchant is trading directly with consumers, the end-users of the goods. This Precedent has been drafted with a bias in favour of the merchant (or retailer). Drop shipping is a term that is often applied loosely to cover a variety of supply chain models and theoretically can arise at various different points in the supply chain eg manufacturer to distributor, distributor to merchant or manufacturer to merchant. A drop ship agreement is an agreement for the supply of goods on terms which allow a merchant to operate free from stock holding constraints by leaving the physical stock holding and supply arrangements to be managed by a third party, usually the manufacturer of the goods.

Drop ship agreement—pro-supplier
Drop ship agreement—pro-supplier
Precedents

This Precedent drop ship agreement is for a transaction involving a manufacturer of goods (the supplier) and its customer, the merchant (or retailer). It assumes that the merchant is trading directly with consumers, the end-users of the goods. This Precedent has been drafted with a bias in favour of the manufacturer of the goods (or supplier). Drop shipping is a term that is often applied loosely to cover a variety of supply chain models and theoretically can arise at various different points in the supply chain eg manufacturer to distributor, distributor to merchant or manufacturer to merchant. A drop ship agreement is an agreement for the supply of goods on terms which allow a merchant to operate free from stock holding constraints by leaving the physical stock holding and supply arrangements to be managed by a third party, usually the manufacturer of the goods.

Equipment hire agreement—pro-hirer
Equipment hire agreement—pro-hirer
Precedents

This Precedent is an equipment hire agreement, also known as an equipment lease or an equipment rental agreement, under which one party (the supplier) hires defined equipment to the other (the hirer). The Precedent has been structured as an operating lease (as opposed to a finance lease) and is drafted in favour of the hirer. This Precedent is suitable only for business to business (B2B) hire agreements. Whilst this hire agreement includes an option on the part of the hirer to purchase the hired equipment at the end of the hire period, it is not a hire purchase agreement.

Equipment hire agreement—pro-supplier
Equipment hire agreement—pro-supplier
Precedents

This Precedent is an equipment hire agreement, also known as an equipment lease or an equipment rental agreement, under which one party (the supplier) hires defined equipment to another (the hirer). The Precedent has been structured as an operating lease (as opposed to a finance lease) and is drafted in favour of the supplier. This Precedent is suitable only for business to business (B2B) hire agreements. While the hire agreement includes an option on the part of the hirer to purchase the hired equipment at the end of the hire period, it is not a hire purchase agreement.

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