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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

Another case shows that many types of economic loss are direct and do not fall within exclusion of liability for indirect losses – McCain Foods v Eco-Tec, High Court

4 February 2011 | Mark Weston

This case involved the supply of a system by Eco-Tec to McCain. McCain wanted the system to remove hydrogen sulphide so that it could generate heat and electricity. The system was defective. McCain claimed...

Tags on this discussion: agreement agreements breach breach of contract cap on liability commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law consequential loss damages direct loss exclusion exclusion of liability High Court indirect loss liability limitation on liability loss loss of business loss of contracts loss of goodwill loss of profits loss of revenue losses supply supply contract supply of goods supply of goods and services supply of service supply of services third party losses UCTA unfair contract terms unfair contract terms act Unfair Contract Terms Act 1977

Government recommends replacement of consumer laws

18 November 2010 | Mark Weston

The Government has recommended the replacement of three key pieces of consumer legislation that overlap and are similar. It wants to consolidate them into one law so consumers know where to find it, and...

Tags on this discussion: B2C business-to-consumer commercial agreement commercial agreements Commercial contract commercial contracts consumer consumer agreements consumer contracts consumer law consumer laws Consumer Rights Directive consumers Directive EU EU Directive European Commission European Union new Directive sale of goods sale of goods act SOGA SOGSA supply supply contract supply of goods supply of goods and services supply of goods and services act supply of services

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

International Chamber of Commerce to issue new Incoterms rules for January 2001

6 July 2010 | Paul Gershlick

The International Chamber of Commerce has announced that it is issuing a new set of Incoterms. The new rules will take effect from 1 January 2011 and the ICC is taking orders now from anyone who wants...

Tags on this discussion: cross-border ICC Incoterms International International Chamber of Commerce purchase of goods sale of goods supply of goods

Latest news and views tagged supply of goods

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

Another case shows that many types of economic loss are direct and do not fall within exclusion of liability for indirect losses – McCain Foods v Eco-Tec, High Court

Government recommends replacement of consumer laws

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

International Chamber of Commerce to issue new Incoterms rules for January 2001

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