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
11/2/2022
/ Breach of Warranty ,
Buyers ,
Contract Terms ,
Force Majeure Clause ,
Global Economy ,
Risk of Loss ,
Sellers ,
Supply Chain ,
Terms and Conditions ,
Uniform Commercial Code (UCC) ,
Warranties
With disruptions affecting every aspect of the supply chain, companies are increasingly encountering legal arguments offered to justify a failure to meet supply obligations. This article in the Supply Chain Disruption Series...more
Subscription-based services, embraced by the software industry as an alternative to traditional models of selling product, provide a steady income stream to providers. Software-as-a-Service, along with the related...more
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
3/25/2021
/ Food and Drug Administration (FDA) ,
Food Recalls ,
Indemnification ,
License Agreements ,
Limitation of Liability Clause ,
Non-Disclosure Agreement ,
Product Recalls ,
Robinson-Patman Act ,
Sales & Distribution Agreements ,
Sellers ,
Sherman Act ,
Supply Chain ,
Terms and Conditions ,
The Clayton Act ,
Uniform Commercial Code (UCC) ,
USDA ,
Warranties
As Tommy Callahan asks his customers in the high-brow ‘90s movie, Tommy Boy, “why would somebody put a guarantee on a box?” What does it mean and why it is useful? This post provides a high-level primer on commercial and...more
This is the million (sometimes multimillion) dollar question. According to Black’s Law Dictionary, consequential damages are “losses that do not flow directly and immediately from an injurious act but that result indirectly...more
3/14/2018
/ Breach of Warranty ,
Carve Out Provisions ,
Commercial General Liability Policies ,
Confidentiality Agreements ,
Consequential Damages ,
Consequential Damages Clause ,
Indemnification ,
Intellectual Property Protection ,
Negligence ,
Product Recalls ,
Supply Agreements ,
Uniform Commercial Code (UCC) ,
Willful Misconduct