Commercial

Checklist: Service levels

Issues to consider when drafting, reviewing or negotiating service levels include: Service levels Are uptime service levels measured monthly, or over a different period?  (A 99.9% uptime service level measured monthly allows for a single outage of approx. 43 minutes; measured quarterly, that increases to more than two hours.) Are out-of-hours outages dealt with in […]

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Government’s response to the Law Commission’s report on Electronic execution of documents

12/03/20 – The UK government has issued a Statement in response to the Law Commission’s report on Electronic execution of documents.  My article on the Law Commission’s report can be accessed here. Key takeaways from the government’s Statement: The government agrees with the report’s conclusion that businesses and individuals can feel confident in using e-signatures […]

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CMA alleges resale price maintenance by guitar firm Fender

22/10/19 – The Competition and Markets Authority (CMA) has made a provisional finding that Fender Musical Instruments Europe Limited operated a policy between 2013 and 2018 which required online retailers to resell Fender’s guitars at or above a minimum price.  This practice constitutes illegal resale price maintenance (RPM) under: The Chapter I prohibition of the […]

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Law Commission’s report on Electronic execution of documents

25/09/19 – Following a project focusing on uncertainties regarding the formalities around the electronic execution of documents, the Law Commission issued its report on Electronic execution of documents on 6th September 2019. Key takeaways: Electronic signatures can be used to execute documents, including where there is a statutory requirement for a signature. An electronic signature is […]

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Legal know-how: “subject to contract”

The phrase “subject to contract” should be used when you are negotiating what you expect may in the future become a binding contract, but not yet.  So when negotiating a letter of intent or heads of terms, it is a useful way of making it clear that, although the key terms of the transaction are […]

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Best and reasonable endeavours

If you are involved in negotiating commercial agreements, you are likely to have come across situations where either you or the other side is unwilling to agree to an absolute obligation (eg “the Distributor shall achieve sales of the Software of at least £1 million in the first 12 months….”), but agrees to use its […]

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