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View the related checklists about Supply of goods

Buying goods from the EU for supply in the UK in the event of no trade deal—checklist [Archived]

Buying goods from the EU for supply in the UK in the event of no trade deal—checklist [Archived] ARCHIVED: This Checklist has been archived and is not maintained. Brexit: As of exit day (11 pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Checklist. For further guidance, see: Brexit Bulletin—key updates, research tips and resources and Brexit toolkit. On 3 February 2020, the UK and EU set out their opening negotiating positions for a post-Brexit UK-EU relationship. While the Political Declaration, appended to the Withdrawal Agreement, sets out the framework for the future relationship with the EU, it is not legally binding, meaning that either side can choose to depart from parts or all of the text. If negotiations for a trade agreement between the UK and the EU fail (a no trade deal Brexit),...

Vertical agreements—drafting for MVBEO—checklist

Vertical agreements—drafting for MVBEO—checklist This Checklist sets out the essential points that should be considered under The Competition Act 1998 (Motor Vehicle Agreements Block Exemption) Order 2023 (No 2) (MVBEO) when drafting new vertical agreements, or updating existing vertical agreements, in relation to motor vehicle aftermarkets for the provision of repair and maintenance services or the distribution of motor vehicle aftermarket goods (together, the motor vehicle aftermarket). This Checklist is not intended to be a comprehensive guide to the MVBEO but should be used where a commercial lawyer wants to ensure that the vertical agreement falls within the MVBEO (and any guidance issued under it). For further information, see: CMA Guidance: MVBEO. A flowchart is also provided at the end of this Checklist, setting out the main steps to follow when assessing whether an agreement falls under the MVBEO. Introduction to MVBEO Any agreement which affects trade and restricts competition in the UK may be subject to the prohibition on anti-competitive agreements under the provisions of Chapter I of the Competition...

View the related flowcharts about Supply of goods

Which Precedent—supply of goods agreements—B2B—Flowchart

Which Precedent—supply of goods agreements—B2B—Flowchart This Flowchart is a guide for determining which Precedent agreement for the supply of goods is most appropriate to use in a given situation. An at a glance table also provides an overview of the key underlying drafting assumptions in each of the Precedent agreements as an alternate method of determining the most appropriate Precedent for use in a given situation. The Flowchart and accompanying table consider the business to business (B2B) Precedent options only. Key drafting assumptions in Precedent agreements for the supply of goods—at a glance This table provides an at a glance overview of the key underlying drafting assumptions in each of the Precedent agreements for the supply of goods as an alternate method of determining the most appropriate Precedent for use in a given situation. Precedent Pro-party drafting bias Format Basis of supply Contains data processing provisions Compliance provisions Contains exclusivity and minimum purchase provisions Contains forecast provisions Supply of goods agreement—pro-customer Pro-customer Agreement Ongoing supply (can be adapted...

View the related practice notes about Supply of goods

VAT time of supply rules—when is a supply made?

For VAT purposes it is necessary to determine: •first, whether a supply has taken place•second whether the supply is of goods or services, and•third, when the supply in question is deemed to take place by the VAT legislation (known as the time of supply rules)The time of supply rules are relevant to determine:•when VAT needs to be accounted to HMRC, and•the rate at which VAT is chargedFor more information on the application of these rules in the specific context of property transactions, see Practice Note: VAT—time of supply of land.Has a supply taken place?A supply must take the form of either a supply of goods or a supply of services. For further detail on the questions of whether a supply has taken place and whether it is of goods or services, see Practice Note: When does VAT apply?—A supply of goods or a supply of services. Whether a supply is of goods or services is of primary relevance to determining:•when it is treated as taking place (which is dealt with...

When does VAT apply?

A transaction must have five elements for UK VAT to be chargeable. It must:•be a supply of goods or a supply of services•be a taxable supply•take place in the UK•be made by a taxable person, and•be made in the course or furtherance of any business carried on by that personThis Practice Note explains what each of those five elements means.This Practice Note does not cover importation of goods or the circumstances where a UK person may be required to pay UK VAT on the supply of services from abroad, ie the reverse charge, for which see Practice Notes: VAT—the reverse charge on cross-border supplies and VAT—importing goods.This Practice Note includes references to EU Directives and case law; for information on the ongoing significance of EU Directives, and of judgments of the Court of Justice for the UK’s VAT rules, see Practice Note: Retained EU law and tax.A supply of goods or a supply of servicesThe first element has three parts. A transaction must:•be a ‘supply’•be categorised as either a ‘supply...

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Franchise business sale agreement

Franchise business sale agreement This Agreement is made on [insert date] Parties 1 [insert name] [of OR incorporated in [insert jurisdiction, eg England and Wales] under number [insert company number] whose registered office is at] [insert address] (the Seller); 2 [insert name] [of OR incorporated in [insert jurisdiction, eg England and Wales] under number [insert company number] whose registered office is at] [insert address] (the Buyer); and 3 [insert name] [of OR incorporated in [insert jurisdiction, eg England and Wales] under number [insert company number] whose registered office is at] [insert address] (the Franchisor), (each a party and together the parties). Background (A) The Franchisor has licensed the Seller to operate the Franchise Business. (B) The Seller has agreed to sell and the Buyer has agreed to purchase the Franchise Business as a going concern on the terms and conditions of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: Applicable Data Protection Law • means...

Share purchase agreement—pro-buyer—corporate seller—conditional—long form

Share purchase agreement—pro-buyer—corporate seller—conditional—long form This Agreement is made on [insert day and month] 20[insert year] Parties 1 [Insert name of selling corporate entity] incorporated in [England and Wales OR [insert country of incorporation] OR with registered number [insert company number] whose registered office is at [insert address] (the Seller); 2 [Insert name of purchasing corporate entity] incorporated in England and Wales OR [insert country of incorporation] OR with registered number [insert company number] whose registered office is at [insert address] (the Buyer), and 3 [Insert name of guarantor entity] incorporated in England and Wales OR [insert country of incorporation]] with registered number [insert company number] whose registered office is at [insert address] (the Guarantor) [(each of the Seller, the Buyer and the Guarantor being a Party and together the Seller, the Buyer and the Guarantor are the Parties).] Background (A) The Company (as defined below) is a private company limited by shares and is incorporated in [England and...

View the related q&as about Supply of goods

What key issues should be considered where customer (C) has a direct relationship with supplier (A) (who works with nominated supplier (B) on C's behalf), if C wishes to implement a direct rebate scheme with B?

What key issues should be considered where customer (C) has a direct relationship with supplier (A) (who works with nominated supplier (B) on C's behalf), if C wishes to implement a direct rebate scheme with B? The nature of the legal relationships Its important to be clear on the nature of the legal relationships between each of supplier A, supplier B and customer C. It is stated that customer C and supplier A have a direct contractual relationship between them. It will be necessary to review the terms of that contract, in order to identify if the proposed course of action will be in breach of the specific terms of the agreement, or otherwise cause a conflict or ambiguity leading to a commercial risk. It is stated that ‘A works with another nominated supplier B on our behalf’. ‘On our behalf’ indicates the possibility that supplier A may be acting in some capacity as an agent of C in its dealings with supplier B. Agency is a relationship under which...

Have you any guidance for selling goods via subscription services to consumers online?

Have you any guidance for selling goods via subscription services to consumers online? The main issue that arises with subscription services is having a fair termination right. This means that the consumer should have the right to cancel at any time, or understand that they can not terminate at any time and what the restrictions on their rights of termination are. Terms need to clearly state what the term or minimum period of the agreement is, and what the notice period is. Terms that may be considered unfair include: • automatically renewing the customer’s contract or subscription without requiring the business to take sufficient steps to inform them before doing so • using excessively long notice periods in order to tie a customer in for another fixed term

View the related News about Supply of goods

Commercial weekly highlights—12 December 2024

This week's edition of Commercial weekly highlights includes: news that the Supreme Court has granted permission to appeal in Johnson v FirstRand Bank and other cases relating to motor finance commission, commentary on the Data (Use and Access) Bill which sets out key takeaways for data protection and privacy practitioners, and news that the Competition and Markets Authority has launched a consultation on draft guidance regarding the unfair commercial practices provisions in the Digital Markets, Competition and Consumers Act 2024.

Commercial weekly highlights—5 December 2024

This week's edition of Commercial weekly highlights includes: analysis of the decision in Renaissance Securities Ltd v ILLC Chlodwig Enterprises which considered whether an arbitration agreement was intended to apply to claims by or against third parties, news that the Cabinet Office has published new guidance on the Procurement Act 2023 in relation to the Plan phase, and news that the Crown Commercial Service has published guidance on sustainable procurement which highlights five common 'tripwires' that public sector organisations should avoid.