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Litigation and Alternative Dispute Resolution

Manufacturer's Corner: Responding to Claims That Your Goods Do Not Conform to Contract Specifications

Contact: Ryan Hardy; Spencer Fane Britt & Browne LLP (Missouri, USA)

It’s inevitable: at some point, you will ship goods to your buyer, and the buyer will complain that they don’t conform to the contract specifications. When you’re dealing with a small shipment or a great customer, often the simplest solution is to accept the return and send replacement goods. Other times, however, you’ll be dealing with a major shipment or a problem customer, and you must be certain that you protect yourself while responding to the customer’s concerns...


Manufacturer's Corner: When Bankruptcy and Your Shipping Terms Collide

Contact: Ryan Hardy; Spencer Fane Britt & Browne LLP (Missouri, USA)

In recent installments of the Manufacturer’s Corner, we have discussed how to protect yourself from insolvent customers and how your shipping terms can expose you to unexpected risk. Thanks to the Bankruptcy Court for the Eastern District of Pennsylvania, we can explore how those two issues play together...


Manufacturer's Corner: Recent Development in Implied Warranties (Part 2)

Contact: Ryan Hardy; Spencer Fane Britt & Browne LLP (Missouri, USA)

We continue our discussion of June’s interesting implied warranty cases with a trip south to the Supreme Court of Texas. As I mentioned in the previous installment of the Manufacturer’s Corner, the Court declared a simple, bright-line rule on how a valid disclaimer of the implied warranty of merchantability affects remote purchasers...


Manufacturer's Corner: Recent Developments in Implied Warranties

Contact: Ryan Hardy; Spencer Fane Britt & Browne LLP (Missouri, USA)

June is only halfway over, but it has already given us a pair of noteworthy cases on implied warranties under the Uniform Commercial Code. I wrote a six-part series on implied warranties not long ago. If you’re not familiar with implied warranties, I suggest that you skim parts 1 and 4 of that series to better understand this post...


Special Enforcement Proceedings in Turkish Legislation: Enforcement by Foreclosure of Collateral and Bankruptcy

Contact: Att. Alper Uzun; Erdem & Erdem (Turkey)

Introduction

According to Turkish enforcement legislation, the legal remedies for execution proceedings and the rights granted to the creditor, depend on the legal power of the documents possessed on which the proceeding is based. There are different types of proceedings for each legal circumstance. In each type of procedure, the period for payment and objection and also the consequences of objection are different...


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