Sector

Wholesalers

Whether its distribution agreements, haulage contracts or finding a premises big enough for your business, we can help. We will also advise you on all of the most tax efficient schemes to ensure that you are making the most of your business and protect yourself against future legal changes.

Key team contact

Joe Kwok
01923 690037
joe.kwok@mablaw.com

Latest news and views about Wholesalers

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ECJ says ban on Internet sales took selective distribution system outside of block exemption protection in EU competition law – Pierre Fabre Dermo-Cosmetique v French Competition Board, European Court of Justice

18 October 2011 | Simon Weinberg

PFDC makes and markets cosmetics and personal care products under certain brands. It requires sales to be made in a physical space in the presence of a qualified pharmacist. The French Competition Board...

Tags on this discussion: agreement agreements anti-competition anti-competitive anti-trust Article 101 Article 81 brand brand protection branding brands breach breach of competition law breaches Chapter I Prohibition commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law competition competition law competition law breach competition law regime competition regime contract contracts distribution distribution agreement distributor EC Treaty EU EU law Europe European Union European Union law fine Internet IP IP protection IPR IPR protection On-line Online online shopping online trading selective distribution TFEU trade mark trade marks trademark trademarks Treaty of the Functioning of the European Union Treaty on the Functioning of the European Union unenforceable vertical agreement void web content web site web site content web sites Website website content websites

Eastern Promise for the UK’s Food Manufacturers?

9 September 2011 | Mark Archer

The Food and Drink Federation (FDF) is encouraging UK food and drink manufacturers to develop export links with China by supporting the British presence at its leading 2011 exhibition, FHC China, which...

NetTV decision over liability for deliberate repudiatory breach considered by High Court together with right of first refusal, whether rights are waived while negotiating following material breach and very narrow interpretation of limit on liability clause – AstraZeneca v Albemarle International, High Court

20 July 2011 | Paul Gershlick

When drafting a contract, parties often attempt to exclude or limit their liability by inserting a particular clause into the contract. Such a clause is known as an exclusion clause. Certain forms of exclusion...

Tags on this discussion: agreement agreements breach breach of agreement breach of contract clause commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law consequential loss contra proferentem contract contract breach contract termination contracts damages direct loss exclusion clause exclusion of liability first refual fundamental breach heads of loss High Court indirect loss liability limitation limitation on liability loss loss of profits losses material breach NetTV pharma pharmaceutical remedies remedy repudiatory breach right of first refusal serious breach supply agreement supply agreements supply contract supply contracts terminate termination test for repudiatory breach waiver

Does it do what it says on the tin? Only if the Euro MEPs say so.

4 May 2011 | Mark Archer | 2 comments

At a time when the UK coalition government is looking to cut bureaucracy and reduce the level of compliance costs on UK companies, the EU comes back and says "Non" - we are the supreme legislators and...

Tags on this discussion: Consumer Protection; Food Standards Agency; Manufacturer Liability; Food Contamination; Food Regulation; Product Liability' Consumer Litigation EU Europe European Commission Food Retail

Suppliers should include provisions expressly in contract to stop buyers from dealing with goods if they suffer an insolvency event – Sandhu v Jet Star, Court of Appeal

28 April 2011 | Paul Gershlick

As the economy remains in a rocky state, many businesses continue to suffer cash flow and insolvency issues. But suppliers need to continue to trade. So what should they do? At times such as these, a good...

Tags on this discussion: administration agreement agreements B2B business-to-business commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law contract contracts Court of Appeal express terms High Court Insolvency retention of title Romalpa sale of goods standard terms standard terms and conditions standard trading terms supplier supply supply agreement supply contract supply of goods terms Terms & conditions

Grocery Retailers Beware – the Supermarket Ombudsman is on his way!

12 April 2011 | Mark Archer

Ed Davey, the Junior Minister for Business, Innovation and Skills announced in a debate in Parliament last week that the Groceries Code Adjudicator Bill will be laid before Parliament as soon as possible....

Tags on this discussion: commercial agreement commercial contracts contract law contracts

Failure to make exclusion clause wording work under English law rather than US law proves costly – KG Bominflot v Petroplus, Court of Appeal

10 November 2010 | Mark Weston

P supplied oil to B under a free on board (‘FOB’) contract. Clause 18 of the contract stated that there were no ‘guarantees, warranties or representations’ as to the fitness of suitability of the...

Tags on this discussion: agreement agreements breach breach of contract commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law condition contract contracts Court of Appeal English law FOB free on board fundamental breach High Court implied term Incoterms material breach sale of goods sale of goods act satisfactory quality serious breach SOGA supply supply agreement supply contract supply of goods term Terms & conditions warranty

Software reseller’s failure to provide accurate information entitled licensor to terminate – Softlanding Systems v KDP, Court of Appeal

5 November 2010 | Mark Weston

KDP licensed S to act as a reseller for KDP’s software. The agreement required S to pay royalties and provide reports and certain information to KDP, including who the end users were, the contracts with...

Tags on this discussion: agreement breach of contract commercial agreement commercial agreements Commercial contract commercial contracts contract contract law contracts Court of Appeal High Court IT IT agreement IT contract reseller royalty Software terminate termination

Better late…

12 October 2010 | Mark Weston

Customers would have just 30 days to pay invoices under a new draft Directive proposed by the European Parliament. The law, called the ‘Late Payment Directive’, would limit payment periods for invoices...

Tags on this discussion: breach breach of contract commercial commercial agreement Commercial contract commercial contracts commercial debts commercial law Debt recovery Directive EU EU law Europe European Parliament European Union late payment Late Payment of commercial Debts (Interest) Act 1998; Late Payments Directive new Directive public authority

New version of Incoterms launched

24 September 2010 | Paul Gershlick

The International Chamber of Commerce has launched a new version of Incoterms. It comes into effect on 1 January 2011. The rules create uniformity regarding certain key principles with international trade,...

Tags on this discussion: agreement commercial commercial agreement Commercial contract commercial contracts commercial law distribution agreement duties ICC Incoterms Insurance International International Chamber of Commerce risk tax taxes title

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