A toolkit highlighting content on the purchase or sale of goods and services in a business-to-business (B2B) context. It links to guidance on key issues for contracts for the purchase or sale of goods and services, including applicable law, contracting strategies and tips, forming and managing relationships with supplier and vendors, supply chain compliance, as well as standard documents for use by buyers or sellers at different stages in a transaction.
The US is one of the largest and most complex economies in the world, and counseling US clients on the purchase or sale of goods and services often forms a significant area of legal support for counsel.
When supporting transactions for the purchase or sale of goods and services, counsel must first orient themselves by considering:
What is being purchased or sold:
combined goods and services;
goods; or
services.
The geographic scope of the transaction:
strictly domestic; or
the transaction crosses borders.
Which side of the transaction counsel represents:
buyer (sometimes associated with a company purchasing, procurement, or supply chain department);
seller (typically associated with a company sales department); or
a third party to the transaction, such as a bank or insurance company.
This Toolkit provides several continuously maintained resources designed to help counsel throughout the contract review, drafting, and negotiation process for the business-to-business (B2B) purchase or sale of goods and services. This Toolkit focuses on the buying and selling of goods and services by US companies.
Guidance on the Supply of Goods and Services
General Guidance on the Supply of Goods and Services
These resources set out general guidance on some of the key legal framework issues when advising clients on the purchase or sale of goods and services:
Sales-related participants (those that engage in the go-to-market activities to get finished products to end users, such as distributors or resellers), see Sales Intermediaries in the Supply of Goods Toolkit.
For a collection of resources designed to assist parties in the basics for drafting and negotiating effective contracts, see Contract Fundamentals Toolkit.
For resources to assist companies in complying with US international trade laws, including customs, trade remedy, export control, sanctions, and antiboycott laws, see International Trade Toolkit.