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Supply of Goods and Services Agreements Toolkit
Practical Law Toolkit 8-563-2065 (Approx. 34 pages)
Supply of Goods and Services Agreements Toolkit
by Practical Law Commercial Transactions
| Maintained • USA (National/Federal) |
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:
Guidance on Contract Formation and Negotiation
These resources set out guidance relating to drafting, negotiating, and executing contracts for the purchase or sale of goods and services:
Guidance on Specific Issues
These resources set out guidance focused on specific areas or issues that commonly arise in purchase and sale contracts:
Purchase or Sale of Combined Goods and Services
These standard documents can be used for transactions involving purchase or sale of goods, services, or both.
Purchase or Sale of Goods
These standard documents can be used for transactions involving only or primarily the purchase and sale of goods.
Purchase or Sale of Services
These standard documents can be used in transactions involving only or primarily the purchase and provision of services.
Related Resources by Type of Supply Chain Participant
Client needs for buying or selling goods or services vary significantly by type of supply chain participant. To understand the type of supply chain participant counsel represents, see Practice Note, Supply Chain: Overview: Supply Chain Participants and Their Key Functions.
For resources based on the role of the supply chain participant, key resources are set out as follows:
- Manufacturing-related participants (those that make, process, manufacture, alter, assemble, or create the product), see Practice Note, Manufacturing Custom-Made Goods in the United States.
- Transportation-related participants (those that transport and store the materials and products), see Transportation and Logistics Toolkit.
- 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.
Related Toolkits
For comprehensive resources on protecting company and third-party confidential business information, see Confidentiality and Nondisclosure Agreements Toolkit.
For a resources addressing consumer-facing (B2C) issues and consumer protection issues, see Consumer Toolkit and Consumer Product 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 help parties understand, negotiate, and draft equipment leases, see Equipment Leasing Toolkit.
For Practical Law's key resources on environmental, social, and governance (ESG) issues and corporate social responsibility (CSR) as they relate to supply chains, see ESG in the Supply Chain Toolkit.
For a comprehensive list of common boilerplate provisions and standard contractual clauses, see General Contract Clauses Toolkit: Standard Clauses.
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.