I have a machine supply, installation and maintenance agreement for a customer in Scotland. I have two clauses in the contract:
a) References to Acts, statutory instruments and other legislation are to legislation operative in United Kingdom and to such legislation, modified, consolidated, amended or re-enacted (whether before or after the date of this Agreement) and any subordinate legislation made under that legislation.
b) This Agreement shall be governed by and construed in accordance with Scots Law, and shall be subject to the exclusive jurisdiction of the Scottish courts.
Can both the clauses co-exist? If not, what can be the correct terms as far as law and jurisdiction are concerned?
1 Answer from Attorneys
There is some info missing in order to give a full answer.
Usually I would advise that only courts of the supplier have jurisdiction, and law, with the exception of safety laws.
These are matters which are negotiated.
I assume your business is located in England (or Wales) ?
Both clauses can co exist, as long as there is no conflict. Scotland is part of the UK anyway.
If there is a conflict with Scottish Law, you could state "In case of conflict between UK and Scottish Law, Scottish Law will have precedence."
Related Questions & Answers
I am not sure whether this is the right "law section" - but if I have sent... Asked 6/03/11, 1:04 pm in United Kingdom Consumer Law
62 years ago i designed a logo for a school badge which is still in use today am i... Asked 5/29/11, 7:55 am in United Kingdom Consumer Law
My husband worked in Heidelburg for 6 months late 2009/early 2010. He applied for a... Asked 5/23/11, 11:08 am in United Kingdom Consumer Law
Is it legal for a holiday apartment owner to show prospective buyers round the... Asked 5/19/11, 12:45 pm in United Kingdom Consumer Law
My grandfather is in hospital, and we wish to suspend his television services, but... Asked 5/18/11, 5:03 am in United Kingdom Consumer Law