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Commercial contract review and execution (business personnel)—checklist

Commercial contract review and execution (business personnel)—checklist This is a Checklist for in-house lawyers to provide to those of its employees (eg procurement or sales professionals) who are engaged in negotiating commercial contracts. It sets out the primary issues to consider when negotiating or reviewing a business-to-business commercial contract, and includes practical guidance. This Checklist may be suitable for use in low risk contracts where employees who are not legally qualified are authorised to conduct negotiations and contract review. It may be customised as required to work with a company playbook on contract negotiation and review, to include suggested fall-back drafting positions and escalation points for recourse to a legal team as appropriate. As it is intended to be used by non-legal professionals, it does not include links to further detailed legal commentary in each case. For a Checklist intended for use by legal professionals with links to further information, see: Commercial contract drafting and review—checklist. In-house lawyers should check that business personnel engaged in negotiating and concluding commercial contracts...

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Boilerplate clauses in business-to-consumer contracts—general principles

Boilerplate clauses in business-to-consumer contracts—general principles This Practice Note sets out the law on the use of boilerplate provisions in business-to-consumer (B2C) contracts. As well as providing details on the Consumer Rights Act 2015 (CRA 2015) (which regulates unfair terms in B2C contracts), it also looks at the Competition and Markets Authority (CMA) guidance ‘Unfair contract terms: CMA37’. For discussion on the use of specific boilerplate provisions in B2C contracts, namely adjudication, alternative dispute resolution (ADR), arbitration, assignment, definitions and interpretation, entire agreement, force majeure, governing law, jurisdiction, variation and waiver, see Practice Note: Boilerplate clauses in business-to-consumer contracts—specific clauses. For more information on the use of standard terms and conditions in B2C contracts generally, see Practice Notes: • Consumer standard terms and conditions—the business context • Consumer standard terms and conditions—the advertising and marketing context, and • Consumer standard terms and conditions—incorporation For our suite of template B2C contracts and drafting tips, see: Trading with consumers—overview and Drafting consumer contracts—checklist. What is ‘boilerplate’? ‘Boilerplate’ is a term used...

Water Framework Directive—implementation in England and Wales

Water Framework Directive—implementation in England and Wales Water Framework Directive Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, known as the Water Framework Directive 2000 (WFD) established a strategic framework for protecting and improving the water environment. It came into force in December 2000. The WFD requires all Member States to manage the water environment to consistent standards. Each Member State must: • identify and assign river basin districts (s) for integrated management • ensure that river basin management plans are updated every six years • prevent deterioration in the status of aquatic ecosystems, protect them and improve the ecological condition of waters • aim to achieve at least good status for all water bodies by 2015 • promote sustainable use of water as a natural resource • conserve habitats and species that depend on water • progressively reduce or phase out the release of pollutants that present a significant threat...

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Distribution agreement—non-exclusive—short form

Distribution agreement—non-exclusive—short form This Agreement is made on [date] Parties 1 [insert name of party] [of OR a company incorporated in England and Wales under number [insert registered number] whose registered office is at] [insert address] (Manufacturer); and 2 [insert name of party] [of OR a company incorporated in England and Wales under number [insert registered number] whose registered office is at] [insert address] (Distributor); each of the Manufacturer and the Distributor being a party and together they are the parties. Background (A) The Manufacturer manufactures [and supplies] the Products. (B) The Distributor has agreed to distribute the Products on a non-exclusive basis in the Territory in accordance with the provisions of this Agreement. The parties agree: 1 Definitions 1.1 In this Agreement: Active Sales • has the meaning given in Article 8(7) of VABEO; Affiliate • means any entity that directly or indirectly controls, is controlled by, or is in under common control with, another entity where “control” means the beneficial ownership of...

Service Level Agreement (hardware/software fault resolution support services)

Service Level Agreement (hardware/software fault resolution support services) Service Level Agreement 1 Definitions 1.1 In this Schedule: 24x7x365 • means 24 hours per day, 7 days per week, 365 days per year (or 366 days if a leap year); Business Day • means any day which is not a Saturday, Sunday or a public or bank holiday in England; [Critical Service Level Failure • means a failure by the Supplier to achieve a P1 Resolution in accordance with the P1 Resolution Service Level (subject to paragraph 4) on [[three] occasions in any [three] Month period OR define as appropriate];] End of Support • means that: (a) the version of any software in the Supported System; or (b) any model of hardware in the Supported System, has reached its end of support date (as specified by the Supplier or the relevant third party manufacturer) applicable to all users in the market of that software version or hardware model and is therefore no longer supported by the Supplier (or the relevant...