BarbriSFCourseDetails
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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Commercial Law

Date & Time
  • event Date

    Tuesday, June 6, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will discuss best practices for drafting the standard forms that govern the purchase of goods from suppliers. The panel will explain key language that should be included in requests for quotations (RFQs), seller's quotes, purchase orders, and long-term supply agreements to minimize disagreements between buyers and suppliers down the road, including "battle of the forms" disputes.

Faculty

Alexis Baker Chandler
Attorney
Bradley Arant Boult Cummings LLP

Ms. Chandler has experience representing companies in complex litigation, including commercial and breach of contract disputes, municipal finance, and supply chain matters. She served as an intern in the U.S. Department of State in the Legislative Affairs Bureau, where she analyzed legislation from Congress regarding impact on state operations and compliance with the administration’s foreign policy.

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Andrew B. Fromm
Partner
Brooks Wilkins Sharkey & Turco, PLLC

Mr. Fromm specializes in business contracts, litigation, supply chain agreements, negotiations, disputes, warranty and recall litigation, and state and federal compliance issues. He has successfully represented and counseled clients in a significant number of state and federal lawsuits, arbitrations, and multiple consumer class actions. Mr. Fromm also has extensive experience in representing multiple Fortune 500 corporations, automotive companies, manufacturing companies, and private clients throughout all phases of complex litigation involving product liability, wrongful death, negligence, contract, warranty, and indemnity disputes, insurance-coverage disputes, and compliance and regulatory issues involving various state and federal agencies.

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Nicholas J. Ellis
Partner
Foley & Lardner LLP

Mr. Ellis’ practice focuses on manufacturing and supply chain disputes, UCC, warranty claims, contract law, and business tort law. He also routinely counsels clients on a variety of commercial contract issues. He is a member of the firm’s Business Litigation & Dispute Resolution Practice and the Automotive Industry Team. Mr. Ellis has experience litigating disputes in state and federal courts on a wide range of matters, including warranty claims, breach of contract, tortious interference, misappropriation of trade secrets, breach of non-compete agreements, and other complex commercial disputes.

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Description

Buying goods from suppliers is a key function of all businesses. The standard forms used during the procurement process are legal contracts which, if not approached thoughtfully, can lead to future disputes between the parties over the terms of the agreement, including "battle of the forms" disputes.

Standard purchasing forms include:

(1) RFQs, which outline the general terms and conditions of the project, pricing, pre-qualification requirements, and award criteria

(2) The seller's quote or invoice

(3) Purchase orders, which describe the type of item, quantity, and agreed upon price

(4) Long-term supply agreements, which enable the buyer to purchase multiple consignments of goods on a long-term basis.

The language buyers and suppliers include in RFQs, quotes, purchase orders, or long-term supply agreements to define each party's legal obligations and remedies can be a determining factor in a future contract dispute between a buyer and supplier. Therefore, each document should clearly address such issues as the quality of the goods, delivery, risk and ownership, termination, and force majeure, and should be signed by both parties.

Listen as our authoritative panel provides legal and practical tips for drafting the standard forms that are used in the purchasing process, including RFQs, seller's quotes, purchase orders, and long-term supply agreements.

Outline

  1. Key language to include in RFQs
  2. Key language to include in seller's quotes
  3. Key language to include in purchase orders
  4. Key language to include in long-term supply agreements
  5. Resolving "battle of the forms" and other disputes

Benefits

The panel will review these and other key issues:

  • The key language that should be included in RFQs, seller's quotes, purchase orders, and long-term supply agreements
  • How counsel for buyers and suppliers can best mitigate risk when negotiating standard purchasing forms
  • "Battle of the forms" issues