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Litigation and Alternative Dispute Resolution

Manufacturer's Corner: Anatomy of a Limited Warranty (Part 2)

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

In our last installment, I introduced the importance of making your warranty terms clear. Now, we turn to the specifics, beginning with the express warranty itself. Here are some of the boxes you need to check when reviewing your express warranty. (Note that, for clarity, this post assumes a non-consumer sale; issues unique to consumer sales will be addressed in the final post in this series)...


Are Federal Courts Committing a FCRA Violation When Lawyers Pay Filing Fees Online?

Contact: Pat McLaughlin; Spencer Fane Britt & Browne LLP (Missouri, USA)

Fellow federal practitioners, could something most of us do on a regular basis be a money making opportunity we’ve simply overlooked? An enterprising lawyer in the Northern District of Illinois thought so. Unfortunately, in the case of Bormes v. United States of America, No. 13-1602, (7th Circuit), handed down July 22, 2014, the Seventh Circuit answered in the negative...


Manufacturer's Corner: Anatomy of a Limited Warranty (Part 1)

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

It’s a sad fact of life at companies and law firms that sometimes things are done a certain way just because that’s how they’ve always been done. Part of the reason this column spends so much time talking about your terms and conditions, however, is because that’s dangerous: how you do things now should be informed by the past, but not bound by the past...


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.


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