Latest news and views tagged supply agreement
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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...
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
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...
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
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...
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
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...
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
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...
European Commission consults on effectiveness of EU e-signature laws
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...
‘Terms and conditions available upon request’ would probably mean terms apply – Rooney v CSE, Court of Appeal
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...
Failure to make exclusion clause wording work under English law rather than US law proves costly – KG Bominflot v Petroplus, Court of Appeal
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...
Breach of contract for providing car with the wrong antique engine – Mercedes Travis Brewer v Mann, High Court
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...
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
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’...