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Litigation and Alternative Dispute Resolution

Manufacturer's Corner: Revocation of Acceptance and the Statute of Frauds

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

I’m going to break my self-imposed rule of writing for manufacturers instead of lawyers. This post is some pretty in-the-weeds stuff, but the topic has been on my mind and I think it’s interesting. If you have opinions on it, I’d love to hear them.

 


Manufacturer's Corner: Dealing With Sales on Approval or Return

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

Expanding on our recent discussion about how your shipping terms can affect risk of loss in the product you sell, let’s turn to other contract provisions that implicate the same issue: sales on approval or return. Under both a “sale on approval” and a “sale or return,” the buyer retains the right to return the goods to the seller, even if they conform to the sale contract. The difference is that a “sale on approval” arises when the goods are delivered to the buyer primarily for use, whereas a “sale or return” arises when the goods are delivered to the buyer primarily for resale.


Enforcing Money Judgments Across the United States – Canada Border

black-helterline-harper-grey-logoTAGLaw Contacts Jim Baumgartner of Black Helterline (Oregon, USA) and John Sullivan of Harper Grey (British Columbia, Canada) have co-authored an article entitled “Enforcing Money Judgments Across the United States – Canada Border”. Also contributing to the article were Black Helterline Associate Britta Warren and Harper Grey Articled Student, Sean Foote. So far, the article which focuses on an important issue to border states and provinces, was recently published in the following publications:

Over time, the two firms have formed a valuable relationship through TAGLaw, and they believe initiatives such as this will provide further opportunities for them to collaborate on advising and litigating cross-border disputes.

 


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...


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