An approved supplier list is a requirement that you can only buy certain goods or services from vendors the other party has pre-approved. This matters legally because it restricts your commercial freedom—you lose the right to choose your own suppliers, which could mean paying higher prices or accepting lower quality. The legal principle at stake is "restraint of trade": courts in both the UK and US scrutinize clauses that unreasonably limit your ability to do business. For example, if a retailer requires you to source all packaging from their "approved" supplier (who charges 30% more), you're legally bound to that supplier even though better alternatives exist. This is high-risk because it can significantly increase your costs and reduce your negotiating power.
Push back by asking for a "most favored nations" clause—meaning if you find a better supplier, the approved supplier must match their price and terms, or you can switch. Alternatively, negotiate a sunset clause requiring the list to be reviewed and updated annually, or ask for the right to propose new suppliers if the approved ones underperform. ---
Frequently Asked Questions
What does this clause mean in simple terms?
An approved supplier list is a requirement that you can only buy certain goods or services from vendors the other party has pre-approved.
Why should I care about this clause?
This matters legally because it restricts your commercial freedom—you lose the right to choose your own suppliers, which could mean paying higher prices or accepting lower quality.
What are my options?
The legal principle at stake is "restraint of trade": courts in both the UK and US scrutinize clauses that unreasonably limit your ability to do business.
How does this affect small businesses?
For example, if a retailer requires you to source all packaging from their "approved" supplier (who charges 30% more), you're legally bound to that supplier even though better alternatives exist.
