News & Analysis as of

Disclaimers Warranties

Porter Hedges LLP

Where Is “As Is, Where Is” in Texas? The Impact of Contract Disclaimers on Tort Claims in Texas

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A chronic issue in Texas law is defining when representations made by a “seller” prior to contract execution bind the seller, notwithstanding contract language that purports to disclaim or otherwise limit the “buyer’s” right...more

Holland & Hart LLP

Drafting Checklist for a Nondisclosure Agreement

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Nondisclosure agreements—called NDAs—are one of the most common types of business contracts. They are used in many situations in the pet care industry—exploring the possibility of mergers and acquisitions of veterinary...more

Foley & Lardner LLP

Supply Chain Agreements: Structuring Key Provisions

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The modern day supply chain is ever more complex. Add to that the fact that it is under an almost daily attack from the current political climate. This creates an environment of uncertainty that is a good reason to reassess...more

Harris Beach PLLC

Four Tips to Help Avoid Surprises in Purchase and Sales Order Terms and Conditions

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The fast pace of modern business leaves little time to be careful about fine print legal terms, but glossing over purchase and sales order terms and conditions can lead to severe consequences for your business. Whether your...more

Steptoe & Johnson PLLC

Ten Key Issues in Addressed Lease Agreements for Companies

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Equipment leasing presents a company with an opportunity to acquire the use of equipment without using its own cash or its bank line of credit. An understanding of the unique features of equipment lease contracts should help...more

Foley & Lardner LLP

Key Provisions for Supply Chain Contracts

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In the manufacturing industry, a company’s supply chain can be a source of both risk and value. By paying careful attention to the terms of its supply chain contracts, a company can help to mitigate its risks while at the...more

Troutman Pepper

Court Grounds the Use of Unbargained-for Warranty Disclaimers

Troutman Pepper on

The Pennsylvania Superior Court’s decision in Allen-Myland, Inc. will likely increase liability exposure for manufacturers. In a case of first impression, the Pennsylvania Superior Court recently rejected the...more

Eversheds Sutherland (US) LLP

Supreme Court of Texas Finds Purchasers of Used Goods Can Recover on Implied Warranty Claims in a Case That Highlights Risk of...

In a significant decision issued earlier this month, the Supreme Court of Texas held that the implied warranty of merchantability, unless properly disclaimed, passes to purchasers of used goods. The decision in Man Engines &...more

Jackson Walker

Confidentiality Agreements: How To Draft Them And What They Restrict

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I. Confidentiality Agreements And Their Effects Are Evolving - A confidentiality agreement (also sometimes called a non-disclosure agreement or “NDA”) is typically the first stage for the due diligence process in a...more

Morrison & Foerster LLP - Social Media

Court Finds Uniform Commercial Code Applies to Commoditized Software

We’ve all seen the ads on the Internet—computer-optimization software designed to make your old PC operate like it’s brand new. Many consumers see these advertisements and, frustrated with the performance of their computers,...more

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