News & Analysis as of

Supply Chain Terms and Conditions

Quarles & Brady LLP

Judicial Guidance on the Use of Framework Agreements and Blanket Purchase Orders

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It is quite common in the automotive manufacturing industry for supply contracts to use framework agreements or blanket purchase orders extending over a certain period of time or for the lifetime of the product line. The...more

Foley & Lardner LLP

Key Terms and Conditions for Buyers and Sellers in the Supply Chain

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Commercial forms – such as quotations, purchase orders and invoices – and associated terms and conditions are ubiquitous in the supply chain and often the only contract that exists between a buyer and seller. When used...more

Quarles & Brady LLP

Supply Chain Survival Series: Battle of The Forms (Article #4)

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Just as you’re about to leave ABC Corp. for the weekend, you are forwarded an email from one of ABC Corp.’s sales managers. The email is from a customer that is demanding a full refund from ABC Corp. for an item the customer...more

Quarles & Brady LLP

Supply Chain Survival Series: What Contract Terms Apply? (Article #3)

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After working through two different customer disputes in as many weeks, you finally come up for some air. While you have the opportunity, you decide it is time to review ABC Corp.’s contracting practices for buying and...more

Quarles & Brady LLP

Supply Chain Survival Series: Introduction (Article #1)

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It’s Friday at 3:00 p.m. at ABC Corp., and Mike from purchasing enters your office, slumping into his chair with a heavy sigh. Prime resin is in short supply. The next delivery will be weeks late, only half your order can be...more

Foley & Lardner LLP

Supplier Alert: Key Changes in Stellantis/FCA New Terms and Conditions - Update

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In December 2021, FCA US LLC and Stellantis N.V. (“Stellantis”) issued new purchase order terms and conditions, that significantly changed the default terms between Stellantis and its suppliers. The supply base found many of...more

Stinson LLP

Get the Goods – Replace Standard Terms & Conditions with an MSA to Mitigate Risk

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For more than 20 years, the supply chain issues were relatively minor, and problems with obtaining goods using Just in Time logistics and lowest price models were few. Supply was ample and demand steady. The last two years...more

McDermott Will & Emery

[Webinar] Terms and Conditions: A Review of Commercial Agreements in the Alcohol Industry - April 14th, 12:00 pm - 1:00 pm EDT

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The manufacturing and sale of alcohol products is a team effort involving collaboration between business partners to ensure everything from sourcing key ingredients and equipment to securing an ad agency or key sponsorship is...more

Kohrman Jackson & Krantz LLP

Five Tips for Businesses to Navigate the Supply Chain Crisis

At this point, it is impossible to escape hearing about or experiencing the supply chain crisis grabbing headlines and impacting businesses – and families – across the globe. This issue has attracted the attention of the...more

Pullman & Comley, LLC

Manufacturing Updates - Spring 2021

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Welcome to Manufacturing Updates, Pullman & Comley’s new quarterly publication that summarizes important legal developments for manufacturers. Manufacturing Updates brings together insights from attorneys across our many...more

Pullman & Comley, LLC

Battle of the Forms: A Cautionary Tale for Suppliers

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Your company has just been awarded its biggest contract ever and everyone in the sales department is joyously high-fiving each other. This contract for clips will put the company on a whole new growth trajectory now that Air...more

Foley & Lardner LLP

Food & Beverage Supply Chain Desk Reference

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Foley & Lardner’s Food & Beverage Industry Team has authored a new handbook entitled, “Food & Beverage Supply Chain Desk Reference.” For the sake of convenience, the Desk Reference includes quick answers to your legal needs...more

Thomas Fox - Compliance Evangelist

The Memoirs of Sherlock Holmes – The Yellow Face and Managing Third Parties

This week, we return to Sherlock Holmes-themed blog posts. We finished the review of The Adventures of Sherlock Holmes and now move on to The Memoirs of Sherlock Holmes. We began the adventure by considering one of the...more

Foley & Lardner LLP

Supply Contract Update: Michigan Court of Appeals Affirms that a Requirements Contract Need Not Be Exclusive (Cadillac Rubber &...

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On February 11, 2020, the Michigan Court of Appeals issued a significant decision that impacts manufacturing supply contracts – especially those in the automotive industry – holding that a buyer may enforce a supply contract...more

Foley & Lardner LLP

Hiring a Customs Broker in Mexico

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In Mexico the customs clearance of goods may be performed either directly by importers or exporters, or through customs brokers. When clearing goods directly, importers and exporters must do it through a legal representative...more

Proskauer - Blockchain and the Law

Supply Chain Blockchain Initiative Receives Federal Antitrust Exemption

TradeLens – a blockchain based shipping consortium – received an important antitrust exemption last week from the Federal Maritime Commission. The exemption allows five major container line shipping companies within the...more

Hogan Lovells

To resolve international disputes, the automotive industry increasingly looks to international arbitration

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Disputes happen in any commercial relationship, and when they happen to companies based in different countries, they get complicated. Traditionally, the first choice for disputing parties in national relationships has been...more

Benesch

Letters of Credit – Avoiding Supply Chain Interruptions

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Letters of Credit (LOCs) have long been used to minimize the financial risk of international purchase agreements. Sellers and buyers may agree to use LOCs to ensure that goods are received and payment is remitted as intended....more

Perkins Coie

Top 10 Litigation Risks and Trends for Retailers

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With the 2016 holiday shopping season in full swing, the risk of litigation heightens for retailers. We created our own version of a “holiday list” to identify the top-10 risk areas where retailers may be vulnerable to claims...more

Foley & Lardner LLP

Top Counterfeiting Risks Manufacturers Face in 2016

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The global market for all counterfeit items is booming, with the value of goods seized by U.S. Customs and Border Protection in fiscal year 2014 exceeding $1.2 billion. Moreover, the U.S. Department of Homeland Security...more

Seyfarth Shaw LLP

The top 3 HR issues in the retail industry

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Retail, like other industries, is facing challenging times. As we mentioned in our recent ‘HR Now’ blog, employers are facing a world characterised by: - continuous change – including rapid digitisation and globalisation...more

Foley & Lardner LLP

Monitor Financial Distress in Your Supply Chain

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While American manufacturing has experienced a resurgence in recent years, some manufacturers continue to face challenges. Witness for example the recent chapter 11 filings of Colt, Boomerang Tube, and Everyware Global....more

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