What does IP completion day mean for standard terms and conditions?

The following Commercial practice note provides comprehensive and up to date legal information covering:

  • What does IP completion day mean for standard terms and conditions?
  • How does Brexit impact standard terms and conditions?
  • Review of suitability
  • Supply of goods and services
  • Business-to-consumer terms
  • E-commerce
  • What are the key legal authorities in this area (impacted by Brexit)?
  • Business to business
  • Business-to-consumer
  • What are the key items of retained EU law? Are they subject to amendment from IP completion day? Is anything revoked?
  • More...

What does IP completion day mean for standard terms and conditions?

How does Brexit impact standard terms and conditions?

The main implications of Brexit for standard terms and conditions will be the practical changes that need to be considered when drafting and reviewing the suitability of standard form terms and conditions for the purchase and supply of goods and/or services, in relation to both business to business and business-to-consumer contracts.

Review of suitability

Standard form terms and conditions should be reviewed to check that they remain suitable for use post-IP completion day both in terms of the commercial arrangements that they relate to and the contract wording itself.

Consider whether any standard terms and conditions need to be varied or adapted. For example, provisions relating to territorial scope, pricing, tax, intellectual property, data protection, applicable law, jurisdiction and dispute resolution.

See Practice Notes:

  1. Brexit—contract risk management

  2. Brexit—drafting commercial clauses

  3. Brexit—drafting boilerplate clauses [Archived]

  4. What does IP completion day mean for contract clauses?

Supply of goods and services

A contract for the domestic supply of goods or services pursuant to standard terms and conditions (ie goods or services traded between two UK based entities) is mainly unaffected by Brexit.

The supply of product however needs to be considered where that supply is traded between the UK and the EU, as it will be subject to the terms of the new trade and co-operation

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