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Import contract lapses after how long?

  • 11-05-2014 10:44am
    #1
    Cupoftea3000
    Registered Users, Registered Users 2 Posts: 12 ✭


    Hi,
    I'm a newby and wasn't sure where to post this. I have a friend who has signed a contract to import a product/ brand into Ireland from an EU country. The contract stated that he would be the sole importer into the Republic of Ireland. It has been discovered that the importer for the UK (of the same product/ brand) had signed a contract to be the importer for both the UK and Ireland, however, this was more than 10 years ago and this importer did not trade within the Republic of Ireland, invest in the Republic or sell any products or services in the Republic (if it was 8 years would it make any difference). After nearly 3 years of trading and buying product directly from the parent company, my friend has been told that he has to buy some of the products through the person that originally signed in the UK (and Ire.). It is a product from the parent company's portfolio that he has not sold up until now (the UK importer has a lot of experience selling this particular product). As far as I understand it will cost my friend a premium to buy the product from the UK importer (over and above what he would pay if he got it directly from the parent company). Is there a "statute of limitations" in this case i.e. would the contract lapse over a period of time due to inactivity? Also if the contract was for the British Isles only it would of course not include Ireland (as it is the Rep. of Ire. and not part of the United Kingdom)?

    Hope somebody could shine some light on the situation.
    Kind regards.
    Cupoftea3000
    Tagged:


Comments

  • #2
    the world wonders
    Registered Users, Registered Users 2 Posts: 489 ✭✭the world wonders


    Cupoftea3000 wrote: »
    Is there a "statute of limitations" in this case i.e. would the contract lapse over a period of time due to inactivity?
    In general, no. The best advice you can give your friend is to talk to a solicitor as contract law can be very complicated and this case looks more complicated than most with a conflict between two different contracts from two different jurisdictions.


  • #3
    clashburke
    Registered Users, Registered Users 2 Posts: 172 ✭✭clashburke


    Cupoftea3000 wrote: »
    Also if the contract was for the British Isles only it would of course not include Ireland (as it is the Rep. of Ire. and not part of the United Kingdom)?

    Cant help with the contract but the British Isles traditionally includes Ireland. see http://en.wikipedia.org/wiki/British_Isles_naming_dispute ( i know its wikipedia but gives a good overview of the dispute of using the name)

    Dunno if this helps at all or if I'm just adding waffle


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