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Uniform Commercial Code (UCC) Sellers

Quarles & Brady LLP

Supply Chain Survival Series: Risk of Loss and Transfer of Title (Article #16)

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In recent articles, we discussed rights and obligations arising from breaches of contract. However, at times goods may be damaged or destroyed during transit, without any fault on the part of the seller or the buyer. In this...more

Bradley Arant Boult Cummings LLP

Whose Terms Govern? An Introduction to the Battle of the Forms

For construction lawyers, the Battle of the Forms presents a familiar fact pattern. A material supplier/seller provides a potential buyer with a price quote along with its standard terms. The buyer, usually a contractor or...more

Moore & Van Allen PLLC

MVA Supply Chain Brief: Navigating Rising U.S. Tariffs

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Tariffs on imports into the U.S. are on the rise, focusing on many of the U.S.’s largest trading partners like Mexico, Canada and China, as well as major products such as aluminum and steel. Buyers and sellers who are...more

DarrowEverett LLP

UCC Article 2: Because Even Your Toaster Deserves a Fair Contract

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The Uniform Commercial Code (“UCC”) is a comprehensive set of laws governing commercial transactions. It was designed and drafted with the aim of standardizing, harmonizing, and simplifying the laws around commercial...more

Allen Matkins

New California Law Proscribes Using "Purchase" When A "Seller" Makes An Offer To A "Purchaser"

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Last week, Governor Gavin Newsom signed AB 2426 into law. The bill declares it unlawful for "a seller of a digital good to advertise or offer for sale a digital good to a purchaser with the terms 'buy,' 'purchase,' or any...more

Butler Snow LLP

Leveraging the UCC for Sellers

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For sellers of goods, it is all but impossible to escape the reach of the Uniform Commercial Code (“UCC”) because its Article 2 applies to sales of goods. The UCC contains several buyer friendly provisions (including certain...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - February 2024 - Who is the Importer of Record: Security Interests and the Right to Act As IOR

Last June (2023), in response to a ruling request from Your Special Delivery Services Specialty Logistics (YSDS), Customs and Border Protection (CBP) issued HQ H324098, clarifying what it means to be an “owner or purchaser”...more

Quarles & Brady LLP

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: Acceptance, Rejection, Revocation of Acceptance, and Right to Cure (Article #11)

Quarles & Brady LLP on

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

Carlton Fields

Fifth Circuit Affirms Denial of Arbitration, Rejects Arbitration Provisions in “Battle of the Forms” Between Buyer and Seller in...

Carlton Fields on

The case involved the sale of mist eliminators (demisters) from MECS Inc. to Axiall Canada Inc., an owner of a Canadian manufacturing facility. A key issue involved the terms of the parties’ contractual relationship as formed...more

Foley & Lardner LLP

Key Terms and Conditions for Buyers and Sellers in the Supply Chain

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Commercial forms – such as quotations, purchase orders and invoices – and associated terms and conditions are ubiquitous in the supply chain and often the only contract that exists between a buyer and seller. When used...more

Butler Snow LLP

Hey, did you notice that? Pre-suit notice under U.C.C. § 2-607(3)

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Before a buyer of “goods” can bring a breach of warranty claim, Section 2-607(3) of the Uniform Commercial Code requires that it, “within a reasonable time after he discovers or should have discovered any breach[,] notify the...more

Foley & Lardner LLP

Food & Beverage Supply Chain Desk Reference

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Foley & Lardner’s Food & Beverage Industry Team has authored a new handbook entitled, “Food & Beverage Supply Chain Desk Reference.” For the sake of convenience, the Desk Reference includes quick answers to your legal needs...more

Bradley Arant Boult Cummings LLP

Selling Goods Internationally? Ask These Questions - International Law News

With a global economy, it is common for the sale of goods by U.S. companies to reach beyond the borders of the United States. There are some key legal issues that a company should familiarize itself with and take into...more

Harris Beach Murtha PLLC

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

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

Jackson Walker

‘A Primer on Marketing Hydrocarbons’ Presentation

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Jackson Walker partner Michael P. Pearson delivered a presentation entitled “A Primer on Marketing Hydrocarbons” at the Fundamentals of Oil, Gas and Mineral Law Course associated with the 44th Annual Ernest E. Smith Oil, Gas...more

Foley & Lardner LLP

Don’t Be Inconspicuous: Disclaiming the Implied Warranty of Merchantability

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Some of the most important terms in any contract for the sale of goods are the warranties that apply to the goods. In addition to any express warranties made by the seller, the law implies certain warranties in some...more

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