United States:
Recovering Lost Value In The Private Label Supply Chain
15 December 2020
Arnold & Porter
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Every retailer's profitability depends in part on the
reliable performance of its supply chain. This relationship is
especially vital in the private label context where supplier
productivity and efficiency are essential to success. If any
supplier in the private label supply chain underperforms or
breaches its contractual obligations, the result can be increased
expense or lost revenue that is too often viewed as just "the
cost of doing business."
This webinar will address how retailers can better take
advantage of the buyer-friendly—but often
opaque—principles underpinning Article 2 of the Uniform
Commercial Code to help recover lost value in the supply chain.
Topics
Nuts and bolts of Article 2 relevant to retailers, including
some of the most hotly-contested (and commonly misunderstood)
concepts:
- Express and implied warranties
|
- Contract formation issues (e.g., “battle of forms”
where there are competing terms and conditions or other
contractual terms)
|
- Course of performance / course of dealing / usage of trade
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|
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- Implied duties of good faith and fair dealing
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- Commercial reasonableness
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- Availability of incidental and consequential damage
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- Failure of a remedy's essential purpose
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The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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