Gain a better understanding of creation and disclaimer of warranties in contracts for the sale of goods.
Among the important terms in any contract for the sale of goods are the warranties. The scope of those warranties becomes crucial when the goods don’t work for some reason, and often determines whether the buyer or the seller is responsible for a buyer’s resulting losses. This program will provide you with a primer on the various ways that warranties are created and how they can be disclaimed as part of the sales contract governed by the Uniform Commercial Code (UCC). This program will also cover key topics that arise in warranty disputes including acceptance or rejection of goods, notice requirements, defenses, and available remedies. Focused on practical issues, you will be interested in this timely discussion of what to do when a sales contract goes bad.
Learning Objectives
- You will be able to define and explain statements of warranties in sales contracts.
- You will be able to identify the different types of implied warranties.
- You will be able to explain the remedies for breach of warranty.
- You will be able to discuss the common pitfalls and warranties in sales.
Agenda
Creation and Disclaimer of Warranties in Sales Contracts
- Express Warranties
- Implied Warranties
- Warranty Disclaimers and Remedy Limitations
- Battle of the Forms and Warranty Issues
Breach of Warranty Issues
- Acceptance, Rejection and Revocation
- Breach of Warranty
- Potential Defenses
- Remedies for Breach of Warranty
Speakers
Christopher Tompkins,
Jenner & Block LLP- Partner in Jenner & Block LLP’s Chicago office where he practices commercial litigation
- Extensive experience assisting clients resolve disputes involving a variety of subject matters and venues, including the sale of goods under the Uniform Commercial Code (UCC)
- Has assisted clients with an array of matters including the failure to supply, early termination, pricing, product quality and breach of warranty, and supplier bankruptcies
- Counseled several major corporate clients regarding best contracting practices under the UCC, including review and revision of contracting procedures and standard contract forms
- His clients span an array of industries including steel and mining, food and beverage, consumer packaged goods, automotive and heavy manufacturing, electric utilities, chemical companies, and equipment lessors
- Has written and spoken extensively about these areas, including articles on breach of warranty and electronic contracting
- Member of the Chicago and American Bar Associations and the international Bar Association
- J.D. degree, magna cum laude, Loyola University Chicago School of Law; B.A. degree in economics and politics, cum laude, Catholic University of America
- Can be contacted at 312-840-8686, ctompkins@jenner.com, or www.linkedin.com/in/christopherptompkins
Who Should Attend
This live webinar is designed for attorneys, purchasing managers, presidents, vice presidents, material managers, contract administrators, senior buyers, project directors, controllers, and accountants.
