"Boilerplate" is a colloquialism for certain general legal clauses usually found towards the end of a written contract. If you read our article on “Assignment” you will already be familiar with one of its kind!
When parties enter into a written contract, there are a number of “standard” clauses which can help to define the obligations of the parties and can assist in the interpretation of the contract. Some examples of boilerplate clauses include: severability, cumulative remedies, variation and assignment clauses.
The exact wording of each clause is not necessarily “standard” and its practical effect may well differ depending upon whether you are the customer or the supplier. Therefore it is always worthwhile to take time to ensure that these clauses are drafted in a way that seeks to protect the interests of, and strengthen the contractual position of, the party seeking to rely on them. They are therefore not provisions to be ignored.
For more information contact Beverley Flynn or any member of our commercial and technology team.
Beverley Flynn