News & Analysis as of

Goods or Services Supply Chain Contract Terms

Quarles & Brady LLP

MSSC v. Airboss Continues to Roil Automotive Supply Markets —  Sixth Circuit Reverses Preliminary Injunction Ordering Auto...

Quarles & Brady LLP on

Relying on a recent Michigan Supreme Court opinion, the Sixth Circuit Court of Appeals recently reversed a preliminary injunction requiring an auto supplier to supply products, holding that the parties’ purchase order...more

Quarles & Brady LLP

Supply Chain Survival Series: Acceptance, Rejection, Revocation of Acceptance, and Right to Cure (Article #11)

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In our previous articles in the Supply Chain Survival Series, we discussed when a party’s failure to perform may (or may not) be excused by a contractual force majeure provision or by the common law doctrines of...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

Stinson - Government Contracting Matters

Growing Issue of Inflation in Government Contracts Supply Chain Leads to DoD Clarification on Potential for Relief

Traditionally, a fixed price government contract is one in which the contractor absorbs the risks and costs of performance.  Absent an economic price adjustment (EPA) clause in the contract, an unforeseeable event, such as a...more

Stinson LLP

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

Stinson LLP on

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

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

Mayer Brown

Update on IFRS Disclosure Requirements for Supplier Finance Arrangements

Mayer Brown on

Following on from our April 2020 post (where we discussed the call from certain accounting firms and others for guidance from the Financial Accounting Standards Board (“FASB”) on the treatment of trade payables programs) and...more

Hogan Lovells

Contracts and Insolvency – a transformational change

Hogan Lovells on

New statutory provisions retrospectively change the way many existing and future contracts work. Businesses urgently need to look afresh not just at supply arrangements but also many other significant transactions of which...more

Perkins Coie

Tips for Negotiating New Technology Agreements in the Time of COVID-19

Perkins Coie on

In the midst of the COVID-19 pandemic, many buyers and sellers of tech services and goods are in the process of (1) examining their existing tech agreements to determine whether the pandemic constitutes a force majeure event...more

Cozen O'Connor

Keep Calm — and Look at Your Contract(s)

Cozen O'Connor on

Whether you cannot meet your supply obligations because your supply chain has come to a screeching halt or you are losing income because conferences, sports, or cultural events are cancelled and your contract partners do not...more

Polsinelli

COVID 19 and Supply Chain Contracts

Polsinelli on

Covid-19 has caused serious disruption to manufacturers’ ability to produce products and fill orders on a timely basis, which in turn has impeded the performance of countless supply chains....more

Lowndes

The Purchase Order That Wasn’t

Lowndes on

Company, having undertaken the effort of putting a master purchase agreement in place with a detailed specification and statement of work, was quite pleased with itself, having established this relationship with a key...more

Jones Day

Be Wary of Warranties for Software Design

Jones Day on

The Situation: Whether warranties accompany software used in other products turns on many factors, including whether the designer is providing a "good" or "service," statements in advertising, representations made in sales...more

Foley & Lardner LLP

Fit for What Purpose? Understanding the Warranty of Fitness for Particular Purpose

Foley & Lardner LLP on

For manufacturing companies, some of the most important terms in any contract for the purchase or sale of goods are the warranties that apply to those goods. This article will address one particular kind of warranty – the...more

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