Supply Agreement | Matthew Arnold & Baldwin LLP | Giving you a lot more than just law...

Latest news and views tagged supply agreement

RSS

European Commission investigates whether Apple’s arrangements with book publishers infringes EU competition law

14 December 2011 | Paul Gershlick

The European Commission is investigating whether Apple’s arrangements with book publishers for the sale of e-books amount to anti-competitive agreements contrary to Article 101 of the Treaty on the Functioning...

Tags on this discussion: agreement agreements anti-competition anti-competitive anti-trust Article 101 Article 81 breach of competition law commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law competition law contract contracts EC Treaty EU EU law European Commission European Union law fine On-line Online online content online shopping online trading price price fixing publish publishers publishing resale price resale price maintenance RPM supply agreement supply agreements supply contract supply contracts TFEU Treaty of the Functioning of the European Union Treaty on the Functioning of the European Union unenforceable void web web site web site content web sites Website website content websites

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

Always incorporate your standard terms and conditions properly or face the consequences for failing to do so – SSL International & Anor v TTK LIG, High Court

14 July 2011 | Mark Weston

SSL entered into a joint venture with TTK, an Indian company, to supply goods. The joint venture was governed by Indian law. SSL attempted to incorporate its standard terms and conditions, which contained...

Tags on this discussion: breach of contract commercial agreement Commercial contract commercial contracts contract contract law contracts governing law High Court illegal incorporate incorporate terms and conditions incorporation of terms incorporation of terms and conditions joint venture joint venture agreement jurisdiction Sale of Goods Act 1979 service standard terms and conditions supply agreement Terms & conditions unlawful

Supplier must replace faulty goods that consumer installed even if cost of doing so is disproportionate to original supply – Weber v Wittmer, Putz v Medianess Electronics, European Court of Justice

6 July 2011 | Paul Gershlick

The European Union Directive on Certain Aspects of the Sale of Consumer Goods and Guarantees provides for consumers anywhere in the EU to have rights for goods to be repaired or replaced or have money...

Tags on this discussion: agreement agreements B2C breach breach of contract business business-to-consumer businesses CJEU commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law consumer consumer right consumer rights consumers contract contract breach contracts Court of Justice of European Union Court of Justice of the European Union Directive disproportionate ECJ EU EU law European European Court of Justice European Union European Union law material breach refund remedy repair repairs replace sale of goods serious breach supply agreement supply agreements supply contract supply contracts supply of goods

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

European Commission consults on effectiveness of EU e-signature laws

28 February 2011 | Mark Weston

The European Commission has found another subject to mull over. It has announced that it is looking into whether the European Union laws on electronic signatures need an overhaul in order to reverse what...

Tags on this discussion: acceptance agreement B2B B2C business-to-business business-to-consumer commercial agreement commercial agreements Commercial contract commercial contracts consultation contract cross-border e-signature electronic communications electronic signature electronic signatures EU EU law European Commission European Union offer Online standard terms and conditions supply agreement Terms & conditions web web site web sites Website websites

‘Terms and conditions available upon request’ would probably mean terms apply – Rooney v CSE, Court of Appeal

27 November 2010 | Mark Weston

Rooney owned an aircraft. CSE carried out servicing work on the aircraft. Rooney had a claim for negligent work. CSE argued that its liability was affected by what was in its terms and conditions. Rooney...

Tags on this discussion: agreement agreements B2B breach of contract breacj business-to-business commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law contract contracts Court of Appeal High Court incorporation incorporation of terms summary judgment supply supply agreement supply contract supply of service Terms & conditions

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

Breach of contract for providing car with the wrong antique engine – Mercedes Travis Brewer v Mann, High Court

9 November 2010 | Mark Weston

The High Court has ruled in favour of a claimant who claimed for breach of warranty and breach of contract in relation to her purchase of a vintage car that did not conform to its description. The car...

Tags on this discussion: agreement agreements breach breach of contract breach of warranty commercial agreement commercial agreements contract contract law contracts illegal infringement misrepresentation representations rescind rescission serious breach supply agreement supply contract unauthorised unlawful warranty

Series of cumulative breaches can amount to fundamental breach, and Court of Appeal shows narrowness of what counts as indirect losses – GB Gas v Accenture, Court of Appeal

13 August 2010 | Mark Weston

GB Gas entered into an agreement with Accenture for Accenture to design, supply, install and maintain a business-critical IT system, including billing. The agreement defined a ‘Fundamental Defect’...

Tags on this discussion: breach breach of contract bugs business-critical commercial consequential loss contract contract law contracts Court of Appeal design direct loss exclusion of liability fundamental fundamental breach indirect loss installation IT IT contract IT project IT system liability limitation on liability loss of business loss of contracts loss of profits loss of revenue losses maintenance material material breach reasonable reasonable endeavours remedy repudiatory breach serious serious breach supply supply agreement supply contract support and maintenance third party third party losses warranty

Page 1 of 212 »

Latest news and views tagged supply agreement

European Commission investigates whether Apple’s arrangements with book publishers infringes EU competition law

Always incorporate your standard terms and conditions properly or face the consequences for failing to do so – SSL International & Anor v TTK LIG, High Court

Supplier must replace faulty goods that consumer installed even if cost of doing so is disproportionate to original supply – Weber v Wittmer, Putz v Medianess Electronics, European Court of Justice

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

European Commission consults on effectiveness of EU e-signature laws

‘Terms and conditions available upon request’ would probably mean terms apply – Rooney v CSE, Court of Appeal

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

Breach of contract for providing car with the wrong antique engine – Mercedes Travis Brewer v Mann, High Court

Series of cumulative breaches can amount to fundamental breach, and Court of Appeal shows narrowness of what counts as indirect losses – GB Gas v Accenture, Court of Appeal

Contact us

View latest Upload

Subscribe to Upload

Employer Helpline

Events

News